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Commission debates whether pool enclosures and pergolas should count as structures subject to primary setbacks

Fairhope City Planning and Zoning Commission · August 4, 2026
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Summary

The commission discussed treating enclosed pool structures, lanais and pergolas as principal structures—which would force them inside building setbacks—or as accessory structures with lesser setbacks. Staff will research other ordinances and return with recommendations.

Planning staff opened a discussion on whether open-air structures such as screened pool enclosures, lanais, pergolas and sail-cloth coverings should be treated as structures that must meet primary-structure setbacks or as accessory structures with relaxed separation requirements.

Commenters and commissioners noted practical life-safety reasons pool enclosures are often attached to homes (alarms and direct access) and warned that treating enclosures as primary structures could make typical backyard pools noncompliant because the enclosure would have to sit inside principal setbacks. Commissioner 17 explained that some jurisdictions interpret attached enclosures as part of the primary structure while detached structures meeting separation requirements can remain accessories. Staff said it will examine other municipal ordinances and return with recommended language to address setbacks, accessory-structure size limits and how impervious-surface calculations should treat enclosed pool covers.