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Home My WebLink AboutO-1859ORDINANCE NO. 1859 AN ORDINANCE OF THE CITY OF FAIRHOPE, ALABAMA TO PROTECT THE HEALTH, SAFETY, AND GENERAL WELFARE OF THE PEOPLE, AND TO EXTEND THE TEMPORARY SUSPENSION OF CONSIDERATION OF CERTAIN RESIDENTIAL MULTIPLE OCCUPANCY PROJECT AND SUBDIVISION APPLICATIONS IN THE CITY OF FAIRHOPE AND FOR OTHER PURPOSES WHEREAS, the City of Fairhope has adopted the Fairhope Subdivision Regulations and Zoning Ordinance that regulate the subdivision of land and multiple occupancy projects and development of those projects within the City limits pursuant to 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 as well as the health, safety, and general welfare of the community; and WHEREAS, the City Council adopted Ordinance No. 1823 for the purpose of suspending consideration of certain residential dwelling multiple occupancy project applications and certain subdivision applications while the City made several infrastructure upgrades, additions, and improvements, conducted certain capacity studies, and proposed certain changes to the Fairhope Subdivision Regulations and Fairhope Zoning Ordinance consistent with the 2024 Comprehensive Plan; and WHEREAS, the Planning Commission reviewed Zoning Case ZC25.07 which proposed various amendments to the Zoning Ordinance, and the Planning Commission voted at the Planning Commission meeting on September 4, 2025, with a favorable recommendation to the City Council for adoption of those amendments; and WHEREAS, the City Council held a public hearing on the proposed amendments to the Zoning Ordinance on October 27, 2025, and received feedback from the public on certain concerns and objections to some of the proposed amendments to the Zoning Ordinance; and WHEREAS, the City Council adopted Ordinance No. 1847 for a four (4) month extension of the suspension of consideration of certain residential dwelling multiple occupancy project applications and certain subdivision applications to allow the City staff, City Council, and Planning Commission to further evaluate and implement amendments to the Zoning Ordinance that are in the best interests of the City of Fairhope; and WHEREAS, the City Council held a public hearing on February 19, 2026 regarding proposed Amendments to the Zoning Ordinance which raised additional concerns and highlighted the need for further revisions to the proposed amendments to the Zoning Ordinance; and WHEREAS, additional revisions to the proposed amendments to the Zoning Ordinance require additional notice, advertisement, and another public hearing before adoption pursuant to the Alabama Code and the Zoning Ordinance; and WHEREAS, pursuant to Ordinance No. 1823 and No. 1847, the short-term suspension of consideration of certain residential dwelling multiple occupancy project applications and certain subdivision applications is set to expire on March 19, 2026; and Ordinance No. 1859 Page -2- WHEREAS, the City Council believes that an additional four (4) month extension to the suspension of consideration of certain residential dwelling multiple occupancy project applications and certain subdivision applications will allow the City staff, City Council, and Planning Commission to further evaluate and implement amendments to the Zoning Ordinance that are in the best interests of the City of Fairhope; and WHEREAS, the City Council has determined that the suspension of consideration of such applications is appropriate to prevent conditions that may threaten the community's health, safety, and general welfare; and WHEREAS, this suspension 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 I: Purpose: A. The City Council hereby declares it to be the purpose and intent of this Ordinance to extend the suspension of consideration of all multiple occupancy project applications that contain three (3) or more residential dwelling units and all subdivision applications that contain three (3) or more residential lots smaller than 10,500 square feet per lot in the City of Fairhope for an additional four (4) months. Section II: Temporary Suspension Established: A. For the purposes of amending the Zoning Ordinance, and further evaluation of the traffic and parking burden, water and wastewater capacity, and other impacts and problems facing the City that may be caused or which could be exacerbated by additional high density residential dwelling development, and to allow for the analysis and development of related updates to the City's comprehensive plan and applicable rules, regulations, and ordinances, and to identify, provide for, and address the City's roadways, utility infrastructure, and other needs, the City Council hereby suspends consideration of all applications for multiple occupancy project ("MOP") approval under Article IV, § H of the Subdivision Regulations that contain three (3) or more residential dwelling units and all subdivision applications under Article IV that contain three (3) or more residential lots smaller than 10,500 square feet per lot, as set forth in Section II.B herein. The duration of this Ordinance shall be from the effective date of this Ordinance through July 17, 2026. B. For the duration of this Ordinance, the Director of Planning and the Planning Commission may not accept or consider any new MOP application that contains three (3) or more residential dwelling units or any new subdivision application that contains three (3) or more residential lots smaller than 10,500 square feet per lot. Concurrent with the effectiveness hereof, all timelines set forth in the Subdivision Regulations that relate to such applications, including consideration, review, recommendation, hearing, and decision shall be suspended. C. This Ordinance shall not affect any complete MOP application or subdivision application that has been submitted to the City Planning Department with the fee paid on or before the effective date of Ordinance No. 1823. Ordinance No. 1859 Page -3- Section III: Conflict and Severability A. This Ordinance shall be construed in a manner that does not conflict with any provision of local, state or federal law except as expressly provided herein and except to the extent its provisions are more restrictive. B. In the event that any section, subsection, sentence, clause or phrase of this Ordinance shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, sentences, clauses or phrases of this Ordinance, which shall remain in full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part thereof. Section IV: Definitions A. "City" — means the City of Fairhope, an Alabama municipal corporation. B. "City Council" — means the elected members of the City Council of Fairhope, Alabama. C. "Director of Planning" means the Director of Planning for the City of Fairhope, Alabama. D. "Planning Commission" means the Planning and Zoning Commission of the City of Fairhope, Alabama. E. "Subdivision Regulations" means the City of Fairhope's Subdivision Regulations, adopted March 8, 2007, as amended on February 6, 2023. F. "Effective Date" means this ordinance shall take effect upon its due adoption and publication as required by law. G. The "Zoning Ordinance" refers to the City of Fairhope's Zoning Ordinance No. 1253 as adopted and amended. ADOPTED BY THE CITY COUNCIL AT A REGULAR MEETING THEREOF ON THE 9TH DAY OF MARCH, 2026. ATTEST: :nny Clerk t( Jam Reid Tonyers, , Co ncil President ADOPTED BY THE CITY COUNCIL AT A REGULAR MEETING THEREOF ON THE 9TH DAY OF MARCH, 2026. $I A_ herry SuloMayor