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HomeMy WebLinkAboutO-1748ORDINANCE 0. 1748 AN ORDINANCE AMENDING ORDINANCE NO. 1253 KNOWN AS THE ZO ING ORDI ANCE 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 Central Business District; and , WHEREAS, after the appropriate public notice and hearing of ZC 21 .1 7, 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, Section B . CBD -Central Business District Overlay, be hereby amended to read as follows : 3. Uses -All uses permitted in the underlying zoning district are allowed in the CBD Overlay, provided that uses of property shall meet the intent of the Comprehensive Plan and Section E. l of this Article. Any future rezoning in the CBD overlay may be conditioned so that the goals and intent of the Comprehensive Plan and Article V ., Section B . l. of the Zoning Ordinance are achieved. a. Rooftop Terraces shall be an allowed Accessory Use permitted on all lots zoned B-2 , General Business District located within the CBD . The following standards shall apply to all Rooftop Terraces : (1) Except as provided below in this Section, the height of all structures on or within a Rooftop Terrace shall not exceed forty feet (40'). (2) The outer boundary of a Rooftop Terrace shall be defined using a barrier meeting the City of Fairhope Building Code. (3) For Rooftop Terraces located atop three story buildings the following standards apply : a . For the purpose of the Zoning Ordinance and this Section, a Rooftop Terrace shall not be con s idered a story. b. Elevators and stairwells, providing access to Rooftop Terrace, may be allowed to exceed forty feet (40 ') by no more than five feet (5') provided: such elevators and stairwells and their associated mechanical equipment and enclosed areas shall not cover more than 7 .5% of the total square footage of the rooftop , shall not be viewable from sidewalks located in public rights-of-way that abut the building at the ground level , and shall be located a minimum of ten feet (10 ') from any lot line . c. Structures, other than those used for elevators and stairwells, may be opened or enclosed , but shall not cover more than 25 % of the total square footage of the rooftop and shall be located a minimum of ten feet (10 ') from any lot line. City of Fairhope City Council March 28, 2022 ZC 21.17 Zoning Amendment The following is a proposed amendment to change and alter the City of Fairhope Zoning Ordinance to revise Article V, Section B. CBD to add a subsection for Rooftop Terraces. The Planning Commission, with a vote of 6 Ayes and 0 Nays, recommended the City Council Approve the attached amendment. Update (March 16, 2022) Per City Council comments, the language recommended by the Planning Commission was amended to: • change total square footage of structure on a Rooftop Terrace from 33% to 25%. • allow temporary structures within a Rooftop Terrace under certain conditions. Revised language included in the attached Ordinance. City of Fairhope City Council February 14, 2022 ZC 21.17 Zoning Amendment The following is a proposed amendment to change and alter the City of Fairhope Zoning Ordinance to revise Article V, Section B. CBD to add a subsection for Rooftop Terraces. The Planning Commission, with a vote of 6 Ayes and 0 Nays, recommended the City Council Approved of the attached amendments. MEMORANDUM DATE: December 23 , 2021 TO: City Council/Planning Commission FROM: Hunter Simmons, Planning and Zoning Manager RE: Proposed Zoning Ordinance Amendment for Rooftop Terraces The attached amendments are revisions to those presented during the December 2021 Planning Commission meeting. The newly proposed language addresses the following comments received from Commissioners: • Rooftop Terraces located atop first or second floors should not be limited by the same regulations , such as , but not limited to , 33% coverage for structures and 7 .5% coverage for elevators and sta ir wells. • Location (setbacks) of elevator/stairway structures. • Prohibitions of temporary structures , such as tents or umbrellas. The revised language is presented below in a condensed version. For your convenience, the first attachment is the newly revised language with proper formatting , followed by the language presented in December. a. Rooftop Terraces shall be an allowed Accessory Use permitted on all lots zoned 8-2, General Business District located within the CBD . The following standards shall apply to all Rooftop Terraces : (1) Except as provided below in this Section, the height of all structures on or within a Rooftop Terrace shall not exceed forty feet (40'). (2) The outer boundary of a Rooftop Terrace shall be defined using a barrier meeting the City of Fairhope Building Code . (3) For Rooftop Terraces located atop three story buildings the following standards apply: a. For the purpose of the Zoning Ordinance and this Section , a Rooftop Terrace shall not be considered a story. b. Elevators and stairwells, providing access to Rooftop Terrace , may be allowed to exceed forty feet (40') by no more than five feet (S') provided : such elevators and stairwells and their associated mechanical equipment and enclosed areas shall not cover more than 7.5% of the total square footage of the rooftop, shall not be viewable from public rights -of-way, and shall be located a minimum of ten feet (10') from any lot line . c. Structures, other than those used for elevators and stairwells, may be opened or enclosed, but shall not cover more than 33% of the total square footage of the rooftop and shall be located a minimum of ten feet (10 ') from any lot line. (4) Temporary structures, such as tents, awnings , and umbrellas , are prohibited on Rooftop Terraces . 1zc 21.17 Zoning Amendment (January) Article V: Special Districts. Section A and C through I omitted for simplicity. B. CBD -Central Business District Overlay 1. Intent -The Central Business District overlay is intended to preserve downtown Fairhope as the "Regional Village Center" and focal point for the City . The CBD overlay shall provide an environment for shopping, restaurant and entertainment, cultural and artistic institutions, offices , governmental functions , and residential uses . The CBD is intended to have a unique character in the City and serve the ent i re community by : • generating high level s of pedestrian and bicycle traffic; • providing a mix of uses; • create a focal point for activit ies throughout the City; • link to adjacent areas and areas throughout the City through a variety of modes of transportation; • strengthen non-automobile connections to adjacent neighborhoods; • buffer surrounding neighborhoods from any adverse impacts of activities in the CBD ; and • provide small parks and trails . 2. Location and Size -The CBD overlay includes : From the southeast corner of the i ntersection of Oak Avenue and N . Church Street run east along the south side of Oak Avenue to a point on the east side of N. Section Street; one parcel on the north side of Oak Avenue from N. Section to the east end of Oak Avenue ; one parcel on the east side of N . Bancroft Street from the north side of Oak Avenue to a point on the south side of Pine Avenue and along the east property line one parcel east of N. Bancroft Street; thence run east along the north property line of one parcel to a point; thence run south along the east property line to the south side of Equality Street; the west side of N . School Street from Equality Street to the south side of Stimpson Avenue ; the south side of Stimpson Avenue to the east end of Stimpson Avenue; south to a point on the south side of Fairhope Avenue that is one parcel west of Mershon Street; one parcel on the south side of Fairhope Avenue from one parcel west of Mershon Street to the west side of S. School Street; to a point one parcel south of Morphy Avenue on the west of S. School Street ; south to the west end of the unopened portion of right-of-way of Fels Avenue ; along the north side of Fels Avenue from the northwest corner of the intersection of Fels Avenue and Oswalt Street to a point at the northeast corner of Fels Avenue and S. Church Street; north one parcel to a point one parcel south of Morphy Avenue; west to a point two lots west of S. Church Street; north to the north side of Morphy Avenue west to the northeast corner of the intersection of Morphy Avenue and S. Summit Street; along the east side of Summit Street to the southeast corner of the intersection of N . Summit Street and Magnol ia Avenue; along the south side of Magnolia Avenue to the southeast corner of the intersection of Magnolia Avenue F A IRHOPE Z ONI NG ORDINANCE and N. Church Street; along the east side of N. Church Street to the southeast corner of the intersection of N. Church Street and Oak Avenue . 3. Uses -All uses permitted in the underlying zoning district are allowed in the CBD Overlay , provided that uses of property shall meet the intent of the Comprehensive Plan and Section E.l of this Article . Any future rezoning in the CBD overlay may be conditioned so that the goals and intent of the Comprehensive Plan and Article V., Section B.l. ofthe Zoning Ordinance are achieved . BEGIN PROPOSED AMENDMENT a. Rooftop Terraces shall be an allowed Accessory Use permitted on all lots zoned B-2, General Business District located within the CBD . The following standards shall apply to all Rooftop Terraces : (1) Except as provided below in this Section, the height of all structures on or within a Rooftop Terrace shall not exceed forty feet (40'). (2) The outer boundary of a Rooftop Terrace shall be defined using a barrier meeting the City of Fairhope Bu ilding Code . (3) For Rooftop Terraces located atop three story buildings the following standards apply : a. For the purpose of the Zoning Ordinance and this Section , a Rooftop Terrace shall not be considered a story . b. Elevators and stairwells, provid ing access to Rooftop Terrace, may be allowed to exceed forty feet (40') by no more than five feet (S ') provided : such elevators and sta irwells and their associated mechanical equipment and enclosed areas shall not cove r more than 7.5% of the total square footage of the rooftop, shall not be v iewable from public rights -of-way, and shall be located a min imum of ten feet (10') from any lot line . c. Structures , other than those used for elevators and stairwells, may be opened or enclosed , but shall not cover more than 33% of the total square footage of the rooftop and shall be located a minimum often feet (10') from any lot line . (4) Temporary structures, such as tents, awnings , and umbrellas, are prohibited on Rooftop Terraces . END PROPOSED AMENDMENT 4 . Dimension Standards -All dimension standards for the underlying districts shall apply in the CBD overlay except as follows: a. Non -residential buildings in the CBD shall be built at the right -of-way line, unless a courtyard, plaza or other public open space is proposed . b. No side -setback is required for non-residential buildings in the CBD , except that corner lots shall have the same building line on the side street as is on the front street . FA IRHOPE ZONING ORDINANCE c. Building heights for all structures shall not exceed 40 feet or 3 stories . d. Parking- (1) No parking is required for non-residential uses in the CBD . If parking is provided, it shall be located behind the building, screened from public rights -of-way, and have a direct pedestrian connection to the primary building entrance of the public right-of-way. (2) Dwelling units in the CBD shall provide the required parking . It shall be located behind the building, screened from public rights-of-way, and have a direct pedestrian connection to the primary building entrance of the public right-of-way . (3) Residential and office is encouraged on the upper floors of buildings; lower floors are encouraged to be retail or restaurants. e. Sidewalks shall be a minimum of eight feet (8') in width for all new construction. This may be reduced, through the site plan approval process, upon satisfactorily demonstrating to the City Council that streetscape improvements constrain the site to the extent that eight feet (8') is not feasible . In no case shall the sidewalk width be less than six feet (6') in width . A written request must be made with accompanying justification statement and drawings for consideration of reduction in sidewalk width. FAIRHOPE ZON I NG ORDINANCE Article IX, Section C. Defined Terms Add the following definition : Rooftop Terrace : A outdoor amenity area located on the roof of a building. A rooftop terrace shall be accessory to the primary use of the building. Individually owned and operated businesses or venues shall not occupy a rooftop terrace . F A IRHOPE ZON ING ORDINANCE ZC 21.17 Amendment as Presented in December Article V : Special Districts. Section A and C through I omitted for simplicity. B. CBD -Central Business District Overlay 1. Intent -The Central Business District overlay is intended to preserve downtown Fairhope as the "Regional Village Center" and focal point for the City. The CBD overlay shall provide an environment for shopping, restaurant and entertainment, cultural and artistic institutions, offices, governmental functions, and residential uses . The CBD is intended to have a unique character in the City and serve the entire community by: • generating high levels of pedestrian and bicycle traffic; • providing a mix of uses; • create a focal point for activities throughout the City; • link to adjacent areas and areas throughout the City through a variety of modes of transportation ; • strengthen non-automobile connections to adjacent neighborhoods; • buffer surrounding neighborhoods from any adverse impacts of activities in the CBD; and • provide small parks and trails . 2. Location and Size -The CBD overlay includes : From the southeast corner of the intersection of Oak Avenue and N. Church Street run east along the south side of Oak Avenue to a point on the east side of N. Section Street; one parcel on the north side of Oak Avenue from N. Section to the east end of Oak Avenue; one parcel on the east side of N. Bancroft Street from the north side of Oak Avenue to a point on the south side of Pine Avenue and along the east property line one parcel east of N . Bancroft Street; thence run east along the north property line of one parcel to a point; thence run south along the east property line to the south side of Equality Street; the west side of N. School Street from Equality Street to the south side of Stimpson Avenue; the south side of Stimpson Avenue to the east end of Stimpson Avenue; south to a point on the south side of Fairhope Al[enue that is one parcel west of Mershon Street; one parcel on the south side of Fairhope Avenue from one parcel west of Mershon Street to the west side of S. School Street; to a point one parcel south of Morphy Avenue on the west of S. School Street; south to the west end of the unopened portion of right-of-way of Fels Avenue; along the north side of Fels Avenue from the northwest corner ofthe intersection of Fels Avenue and Oswalt Street to a point at the northeast corner of Fels Avenue and S. Church Street; north one parcel to a point one parcel south of Morphy Avenue; west to a point two lots west of S. Church Street; north to the north side of Morphy Avenue west to the northeast corner of the intersection of Morphy Avenue and S. Summit Street; along the east side of Summit Street to the southeast corner of the intersection of N. Summit Street and Magnolia Avenue; along the south side of Magnolia Avenue to the southeast corner of the intersection of Magnolia Avenue F A IRHOPE ZON I N G ORDINANCE and N. Church Street; along the east side of N. Church Street to the southeast corner of the intersection of N. Church Street and Oak Avenue. 3. Uses -All uses permitted in the underlying zoning district are allowed in the CBD Overlay, provided that uses of property shall meet the intent of the Comprehensive Plan and Section E.1 of this Article. Any future rezoning in the CBD overlay may be conditioned so that the goals and intent of the Comprehensive Plan and Article V., Section B.1. of the Zoning Ordinance are achieved . a. Rooftop Terraces shall be an allowed Accessory Use permitted on all lots zoned B-2, General Business District located within the CBD . The following standards shall apply to all Rooftop Terraces : (1) For the purpose of the Zoning Ordinance and this Section, a Rooftop Terrace shall not be considered a story. (2) Except as provided below in this Section, the height of all structures on or within a rooftop terrace shall not exceed forty feet {40'). (3) Elevators and stairwells, providing access to Rooftop Terrace, may be allowed to exceed forty feet {40') by no more than five feet (S'); provided such elevators and stairwells and their associated mechanical equipment and enclosed areas shall not cover more than 7.5% of the total square footage of the rooftop and be located a minimum of ten feet (10') from the edge of the roof. (4) Structures, other than those used for elevators and stairwells, may be opened or enclosed , but shall not cover more than 33% of the total square footage of the rooftop. (5) The outer boundary of a rooftop terrace shall be defined using a barrier meeting the City of Fairhope Building Code . The barrier shall be set back a minimum of five feet (S ') from the roof edge. 4. Dimension Standards -All dimension standards for the underlying districts shall apply in the CBD overlay except as follows: a. Non-residential buildings in the CBD shall be built at the right-of-way line, unless a courtyard, plaza or other public open space is proposed . b. No side -setback is required for non -residential buildings in the CBD, except that corner lots shall have the same building line on the side street as is on the front street . c. Building heights for all structures shall not exceed 40 feet or 3 stories . d. Parking - {l) No parking is required for non -residential uses in the CBD . If parking is provided, it shall be located behind the building, screened from public rights -of-way, and have a direct pedestrian connection to the primary building entrance of the public right -of-way. F A IRHOPE ZON IN G ORDINANCE (2) Dwelling units in the CBD shall provide the required parking . It shall be located behind the building, screened from public rights -of-way, and have a direct pedestrian connection to the primary building entrance of the public right-of-way. (3) Residential and office is encouraged on the upper floors of buildings; lower floors are encouraged to be retail or restaurants . e. Sidewalks shall be a minimum of eight feet (8') in width for all new construction. This may be reduced, through the site plan approval process, upon satisfactorily demonstrating to the City Council that streetscape improvements constrain the site to the extent that eight feet (8') is not feasible . In no case shall the sidewalk width be less than six feet (6') in width. A written request must be made with accompanying justification statement and drawings for consideration of reduction in sidewalk width. F A IRHOPE ZON IN G ORDINANCE Article IX , Section C. Defined Terms Add the following definit ion : Rooftop Terrace : A outdoor amenity area located on the roof of a building. A rooftop terrace shall be accessory to the primary use of the building . Individually owned and operated businesses or venues shall not occupy a rooftop terrace . F A IRHOPE ZON IN G ORD INANCE