HomeMy WebLinkAboutO-1753ORDINANCE 0. 1753
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 amendment relates to M-1 Light Industrial District; and,
WHEREAS, after the appropriate public notice and hearing of ZC 22.07, 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 III, Section B. Table 3-1 : Use Table, be hereby amended as follows:
Zoning District M-1 shall be amended to allow a Kennel or Animal Hospital use
p ermitted only on appeal and subject to spec ial conditions .
Severability Clause -if any part , section or subdivision of this ordinance shall be held
unconstitutional or in valid for any reason , such holding shall not be construed to invalidate 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 25th day of July. 2022
mson
c I President Pro Tempore
Attest:
Adopted and approved this 25th day of July. 2022
City of Fairhope
City Council
July 11, 2022
Summary: To allow a Kennel or Animal Hospital as an improved use, with Board
of Zoning Adjustment Approval, in the M-1 Light Industrial District.
The following is a proposed amendment to change and alter the City of Fairhope Zoning Ord inance
to revise Table 3-1 , Use Table .
The Zoning Ordinance defines a Kennel or Animal Hospital as any business where four (4) or more
dogs over four (4) months of age are kept for general boarding or medical care .
Currently , a Kennel or Animal Hospital is permitted only on appeal and subject to special conditions
in three zoning districts :
• B-2 General Business District
• B-3a Tourist Resort Lodging District
• M-2 General Industrial District
In practice , a Kennel or Animal Hospital must be approved by the Board of Zoning Adjustments
anywhere within Fairhope's municipal jurisdiction , but only those with in one of the three District's
referenced above may request the use . Also , important to note , there are currently no properties
zoned M-2 General Industrial District.
This amendment proposes to include a Kennel or Animal Hospital as a use perm itted only on appeal
and subject to specia l conditions within the M-1 Light Industrial District.
Effectively , this amendment would allow those zoned M-1 to request a Kennel or Animal Hospital ,
and the Board of Zon ing Adjustment could evaluate each request based on the merits of the location
and proximity to other uses .
Because any change to M-1 can affect local industry , the Fairhope Industrial Development Board
has reviewed the proposed amendment and unanimously recommends approval.
For reference , most properties zoned M-1 are located in the near the intersection of Greeno
Rd/Nichols Ave , near Fairhope Public Works , and on and around the Sonny Callahan Fairhope
Airport . A map of each area is included below (purple illustrates M-1 ):
Figure 1 : Area near Greeno Rd/Nichols Ave
Figure 2 : M -1 near Fairhope Public Works
Figure 3 : M -1 near the Fa irhope Airport
Staff acknowledges not all properties zoned M-1 are appropriate for a kennel or
animal hospital but does recommend approval of the amendment since each
application may be reviewed independently for appropriateness .
Thank you fo r your consideration ,
Hunter Simmons , Planning Director