Text Amendments?

We were told the recent text amendments are just nothing really…just text… move along folks.

http://townofperdidobeach.org/mobile/wp-content/pbfolders/council_minutes/2018/Minutes%20Council%205-24-18.pdf

Sure.  That’s why there were two attorneys for the town present and they also went into an executive session.

Here’s what they changed…

Notice the move from Conditional to Permitted …for PUBLIC pier, PUBLIC boat launch.  Here’s why…

Section 23.2 Permitted Uses defined
Uses in the table of permitted uses identified by “P” are PERMITTED as of right, subject to the conditions specified in this ordinance.

PERMITTED … That means you can just do it. Conditional Use however requires oversight and regulations see below –

Town of Perdido Beach Land Use and Zoning Ordinance Section 18.11 Conditional Uses
18.11.1 Authorization
The Planning Commission may, under the prescribed standards and procedures contained herein, authorize the construction or initiation of any use that is expressly
permitted as a conditional use in a particular zoning district; however, the town reserves full authority to deny any request for a conditional use, to impose conditions on the use, or to revoke approval at any time, upon finding that the permitted use will or has become unsuitable and incompatible in its location as a result of any nuisance or activity generated by the use.
18.11.2  Application procedure
(a) An application for conditional use approval must be submitted to the Zoning Administrator at least thirty (30) days prior to the regularly scheduled meeting of the
Planning Commission.
(b) The Zoning Administrator shall, upon determination that the application complies with all applicable submission requirements, receive the application and schedule it for
public hearing by the Planning Commission.
(c) The Zoning Administrator shall, at least fifteen (15) days prior to the scheduled public hearing, post notice in four conspicuous places within the municipality, as
designated by the Town Council, stating that at such time and place all persons desiring to speak in favor of or opposition to the proposal before the Commission shall have an opportunity to speak.
(d) The Zoning Administrator shall, five (5) days before the scheduled public hearing by the Planning Commission, provide notice of such hearing by certified mail to the owners of property adjacent to the proposed conditional use as their names appear in the county tax records.
(e) The Planning Commission shall render a decision at the conclusion of the public hearing or within forty-five (45) days from the date of the public hearing if it is
determined that action must be deferred to allow for additional input and review.
(f) Upon written notice to the Zoning Administrator any petition for conditional use approval may be withdrawn prior to action thereon by the Planning Commission at the
discretion of the applicant initiating the request.
18.11.3 Submission requirements
No request for conditional use approval shall be considered complete until all of the following has been submitted:
(a) Application form.
The application shall be submitted on forms to be provided by the Zoning Administrator.
(b) Plans and specifications.
Each application for conditional use approval shall be accompanied by an accurate site plan drawn to scale, showing: the actual shape, dimensions and size of the lot to be built upon; the size, shape, height, floor area and location of the buildings to be erected; dimensions and locations of existing buildings; width of front, side and rear yards; existing and proposed parking; ingress to and egress from the site; and such other information as may reasonably be requested to determine compliance with this ordinance including but not limited to a landscaping plan, erosion control plan, storm water management plan, and utilities plan.
(c) State and Federal permits.
Written evidence of applications for all required permits showing compliance with applicable regulations of the Corps of Engineers, Alabama Department of Environmental Management, Alabama Coastal Area Management Program and Baldwin County Health Department shall accompany the application for conditional use approval, and the conditional use may be conditioned upon the actual receipt of said permits by the applicant.
(d) Application fee
The applicant for a conditional use shall be required to pay an application fee according to the current schedule of fees established by the Town Council or Zoning Administrator for the particular category of application. This fee shall be nonrefundable irrespective of the final disposition of the application.
18.11.4 Standards for approval
A conditional use may be approved by the Planning Commission only upon determination that the application and evidence presented clearly indicate that all of the following standards have been met:
(a) The proposed use shall be in harmony with the general purpose, goals, objectives and standards of the Town of Perdido Beach Master Plan, this ordinance, or any other
official plan, program, map, regulation, law or ordinance applicable to the geographic area where such use is proposed.
(b) The proposed use shall be consistent with the community health, safety, and welfare and shall not detract from the public’s convenience at the specific location.
(c) The proposed use shall not unduly decrease the value of neighboring property.
(d) The use shall be compatible with the surrounding area and not impose an excessive burden or have substantial negative impact on surrounding or adjacent uses or on
community facilities or services.

WELL Now … that all those pesky restrictions are out of the way.  Here’s what they can do.

Any 1 acre or larger lot in the Town of Perdido Beach (on any creek) can be rezoned to OR and automagically be PERMITTED to have a PUBLIC boat launch on it with no oversight or discussion from the Planning Commission or Town’s people.   For example – http://noboatlaunch.com/news/rezoning-application-process/

Nothing to see here folks…