HomeMy WebLinkAboutO-1735ORDINANCE N O. 1735
AN ORDIN ANCE OF THE CITY OF FAIRHOPE,
ALABAMA, TO PROTECT THE HEALTH, SAFETY,
AND GE ERAL WELFARE OF THE PEOPLE
RELATING TO SUBDIVISION REGULATIONS,
AND DECLARING A MORATORIUM
ON THE FILING OF SUBDIVISIO AND
MULTIPLE OCC UPANCY PROJECT APPLICATIONS
OUTSIDE OF THE CITY LIMITS WITHIN THE
PLANNI G JURISDICTIO
WHEREAS the City of Fairhope ha s adopted the Fairhope Subdivision Regulations that regulate
the subdivision of land and multiple occupancy projects within the City limits and the planning
jurisdiction as set forth in Alabama Code§ 11-52-30 et seq.; and
WHEREAS there has been rapid and substantial growth in and around the City of Fairhope; and
WHEREAS the City Council recognizes that the explosive growth has increased the burden on
public utilities , roads , and other infrastructure ; and
WHEREAS the City Council desires that the City and Planning Commission address certain
challenges created by the growth with a strategic and deliberate focus on orderly land
development particularly outside of the City limits but within the Planning Jurisdiction ; and
WHEREAS the City is in the process of taking several steps to address the rapid and su bstantial
growth , incl ud ing the creation and imp lementation of a new Comprehensive Plan, consideration
of amendments to existing subdivision regulations , consideration of amendments to the existing
zoning ordinance , installation of additional utility improvements and upgrades to existing
infrastructure, analysis of the impact of Act 2021-297 (SB 107) on the City and its Planning
Jurisdiction in coordination with Baldwin County , and review of traffic related concerns; and
WHEREAS the City Council believes a moratorium on subdivision and multiple occupancy
project appl ications outside of the City limits but within the Planning Jurisdiction will allow the
City staff and Planning Commission to evaluate and focus on these specific steps to address the
identified challenges ; and
WHEREAS the City Council has determined that the adoption of an immediate moratorium is
appropriate to prevent conditions that may threaten the community's health, safety, and welfare;
and
WHEREAS placing a moratorium of limited duration and limited scope would be in the public
interest and promote orderly land development.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA, AS FOLLOWS :
Section 1.
Section 2 .
Moratorium Established . Except as hereafter set forth , a moratorium is imposed
upon the acceptance and consideration of all Subdivision and Multiple
Occupancy Project (as defined in Article IV, Section H of the Fairhope
Subdivision Regulations) Applications by staff and the City of Fairhope
Planning Commission o utside of the corporate limits of the City of Fairhope but
within the Planning Jurisdiction of the City of Fairhope (the "Moratorium").
Any real property that annexes into the City during the Moratorium shall also be
subject to the Moratorium.
Exemption for Currently Submitted Projects . Notwithstanding anything
contained in Section 1 hereof to the contrary, the Moratorium sha ll not apply to
any project for which any of the following has been made to and received by
staff and/or the City of Fairhope Planning Commission as required prior to the
effective date of this ordinance:
Ordinance No. 1735
Moratorium -Subdivision/Multiple Occupancy Project Applications
Page -2-
Section 3.
Section 4.
Section 5 .
Section 6.
ATTEST :
City Clerk
a. Informal Review or Pre-App lication Conference pursuant to Article IV,
Section B of the Fairhope Subdivision Regulations that occurred
between December 1, 2019 and December 6, 2021; or
b. Complete application for mu ltiple occupancy project; or
c. Complete application for preliminary plat approval; or
d. Complete application for final plat approval.
Categorical Exemptions. The following are expressly exempted by the
Moratorium based upon a finding by the City Council that such s ub divisions do
not materially impact the issues sought to be addressed during the Moratorium :
a. Minor subdivisions as defined in Article IV , Section E of the Fairhope
Subdivision Regu lations; or
b . Rep lat as defined in Article IV, Section E of the Fairhope Subdivision
Regulations .
Zoning Ordinance Unaffected. The Moratori um shall not impact the
effectiveness of the Fairhope Zoning Ordinance or impact any applications to
change the zoning maps as set forth in the Fairhope Zoning Ordinance.
Effective Period of Moratorium . The Moratorium shall be effective immediately
as provided by law and shall continue for a period of Twelve (12) months ,
unless terminated sooner by action of the City Council.
Severability . Should any section, paragraph, sentence, clause or phrase of this
Ordinance, or its application to any person or circumstance, be declared
unconstitutional or otherwise invalid for any reason, or should any portion of
this ordinance be pre-empted by state or federal law or regulation, such decision
or pre-exemption shall not affect the validity of the remaining portions of this
ordinance or its application to other persons or circumstances .
ADOPTED BY THE CITY COUNCIL AT A REGULAR MEETING
THEREOF ON THE 13TH DAY OF DECEMBER, 2021
ADOPTED BY THE CITY COUNCIL AT A REGULAR MEETING
THEREOF ON THE 13TH DAY OF DECEMBER, 2021