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HomeMy WebLinkAboutO-1702ORDINANCE NO. 1702 AN ORDINANCE AMENDING ORDINANCE NO. 1253 KNOWN AS THE ZONING ORDINANCE The ordinance known as the Zoning Ordinance (No. 1253), adopted 27 June 2005, is changed and altered as described below ; WHEREAS, the City of Fairhope Planning Commission directed the Planning Department to prepare amendments to our Zoning Ordinance; and, WHEREAS, the proposed amendments relate to the establishment of the Highway Transitional District; and, WHEREAS, after the appropriate public notice and hearing of ZC 21.02, the Planning Commission of the City of Fairhope, Alabama has forwarded a favorable recommendation; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA; 1. THAT, Article V, be hereby amended to add the following: I. HTD -Highway Transitional District 1. Intent -The special standards listed in this section for the highway transitional district are intended to : • Provide an alternative to properties along state highways within the City of Fairhope that are beyond the area of influence of the Village Nodes and Commercial Nodes as contemplated by the City of Fairhope Comprehensive Plan. • Provide development opportunities consistent with the City's vision for commercial corridors to better serve community needs. • Unlike other districts within this section, the HTD is not an overlay district and does not affect any property owners, other than those who voluntarily apply for rezoning to this district. 2. Size -Lots shall be a minimum of 20,000 s.f and under 3 acres. 3 . Use-Uses for the HTD are listed in Table 3-1: Use Table . Rezoning to HTD may be conditioned so that uses permitted on appeal require a site plan. 4 . Location -Eligible lots must have minimum of 100 feet on one side fronting the rights-of-way of US Highway 98, Alabama Highway 104, or Alabama Highway 181 and lie within the Corporate Jurisdiction of the City of Fairhope . 5. Dimension Standards - a. Lot frontage shall be adjacent to the highway. b. Setbacks i . Front Setback shall be 20 '. ii . Rear Setback shall be 20 '. iii. Side setbacks shall be 10 '. c. Building Height i. Maximum Height is 30 '. ii . A mixed-use building may have a height of35 ' ifit contains both residential and commercial space. The residential us must make up at least 33% of the total area of the building and the located on the second and/or third floor, and retail or office space must make up at least 50% of the total area of the building and be located on ground and/or second floor. Ordinance No. 1702 Page -2- d. Parking i. Parking shall be located behind the front building line. e. Any freestanding single-use or tenant retail building shall not have a buildingfootprint larger than 8,000 square feet. f. All lands within twenty (20) feet of the boundaries of US. Highway 98, Alabama Highway 104, and Alabama Highway 181 within the corporate limits of the City of Fairhope are required to be reserved by owners or developers of such lands as greenspace and tree protection zones. The required greenspace may include land as required by the front setback. 1. Where no vegetation, other than grass exists, new landscaping and plantings shall be installed at time of development within the 20-foot strip that meet the requirements of the City of Fairhope Tree Ordinance and receives approval by the City Horticulturist; otherwise the land may be left in its natural state and enhanced with the addition of trees and shrubs. g. Any future rezoning to HTD may be conditioned so that the goals and intent of the Comprehensive Plan and Article V , Section I 1. of the Zoning Ordinance are achieved. h. For the purposes of Article IV, Section B.2.b . and the screening requirements of the City of Fairhope Tree Ordinance , the Highway Transitional District shall be considered commercial/business regardless of use. 2. THAT , Article III, Section B. Table 3-1: Use Table, be hereby amended to add a column to read as follows: HTD Uses Permitted subject to general ordinance standards and conditions: Single- fa mily, Two-family, Townhouse, Mixed-use , Elementary School, Secondary School, Education Facility, Library, Public Open Space, Common Open Space, General Office , Professional Office, Day Care, and B ed & Breakfast. Uses Permitted subject to special conditions listed in the ordinance : Accessory Dwelling, Home Occupation, and Convenience Store . Uses Permitted only on appeal and subject to special conditions: Multiple- family/Apartment, Place of Worship, Cemetery, Hospital, Community Center or Club , Public Uti lity, General Merchandise, Outdoor Sales Limited, Garden Center, Convalescent or Nursing Home, Clinic, Outdoor R ecreation Facility, Mortuary or Funeral Home, and Limited Manufacturing. 3. THAT , Article III, Section B. Table 3-2 : Dimension Table, be hereby amended to add a row to read as follows: HTD -See Article V , Section I. Ordinance No . 1702 Page -3- Severability Clause -if any part, section or subdivision of this ordinance shall be held unconstitutional or invalid for any reason , such holding shall not be construed to in v alidate or impair the remainder of this ordinance, which shall continue in full force and effect notwithstanding such holding . Effective Date -This ordinance shall take effect immediately upon its due adoption and publication as required by law. Adopted and approved this 22nd day of February. 2021. Attest: ~-~ Lisa.Hanks. MMC City Clerk Adopted and approved this 22nd day of February. 2021.