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Fairhope zoning rewrite draws residents to packed public hearing; council vows to protect homes
Summary
Hundreds of residents and property owners pressed the Fairhope City Council on Feb. 19 over proposed zoning changes that they say would make many long‑standing downtown homes “nonconforming.” Council adopted a resolution directing staff to draft amendments that preserve residential use rights while the zoning package is refined.
Fairhope — A proposed overhaul of Fairhope’s zoning code prompted hours of public comment on Feb. 19 as residents warned that changes intended to control density downtown would unintentionally strip property rights from homeowners in commercial districts.
Planning director Hunter outlined a broad package of amendments to Ordinance 12‑53 that would add site‑plan review for certain lodging and commercial uses, introduce maximum impervious‑surface guidance, and cap mixed‑use dwelling density in parts of the Central Business District. Among the changes, staff proposed a new metric for mixed‑use buildings — roughly 3,630 square feet of lot area per dwelling unit (about 12 units per acre) — and increased a proposed floor‑area‑ratio cap to 225 percent.
Many residents told the council the changes would render long‑established single‑family homes in B3A and B3B “nonconforming,” risking restrictions on renovations, reconstruction after damage and resale. Shannon Smith, a downtown homeowner, told council: “These changes represent complete uncertainty in a fundamental erosion of our residential rights and financial security.” Lawyer Alan Chasen urged the council to delay rezoning those neighborhoods until a separate short‑term‑rental or business‑license framework is ready.
Hunter said it was not the city’s intent to eliminate single‑family residences. He confirmed staff included a deferred effective date for existing homes (the draft references a January 1, 2027 threshold) to allow time to craft follow‑up regulations and promised to return with clarifying language. “We never intended to make single family go away,” he said, and described the package as a staged effort: some items are immediate fixes while other changes will need further study and public input.
Faced with sustained concern, Councilman Jimmy Burrell introduced a short resolution asking staff to begin the process of amending the proposed ordinance to explicitly protect residential‑use rights for properties that would be affected by the current draft (the resolution cited B3A and B3B as illustrative examples). Council voted to add the resolution to the evening agenda and adopted it by voice vote.
Council members emphasized they want to preserve Fairhope’s downtown character while closing zoning “loopholes” that can be used to convert small commercial lots into high‑occupancy lodging without adequate parking or life‑safety oversight. Several members said they would expedite a targeted amendment to resolve the most urgent residential concerns and asked staff for a timetable for a revised draft before the next council meeting.
Next steps: staff will prepare amendment language and an implementation timeline for council review. The council did not adopt the zoning ordinance as written on Feb. 19; it approved only the resolution directing staff to protect residential rights while revisions are developed.
