Positive side of district zoning addressed at meeting

By Mary Hood
Contributing Writer
Posted 3/30/10

FAIRHOPE, Ala. — The other side of the zoning coin was revealed in a meeting of District 14 residents held March 25 at Grace Fellowship Church.

One of several meetings taking place in the district that will be affected by a proposed zoning …

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Positive side of district zoning addressed at meeting

Posted

FAIRHOPE, Ala. — The other side of the zoning coin was revealed in a meeting of District 14 residents held March 25 at Grace Fellowship Church.

One of several meetings taking place in the district that will be affected by a proposed zoning referendum, this gathering had a pro-zoning slant, unlike a March 10 meeting in Summerdale at Mount Gilead Church.

Though those leading the meeting claimed neutrality, and stated its purpose was to inform residents about all things zoning before the April 13 vote, several attendants spoke on behalf of the referendum put forth by Baldwin County.

Steve Mannhard, whose property on County Road 9 is where he lives and operates his Christmas tree farm business, spoke vehemently in support of zoning.

“I’ve been a proponent of zoning for three years,” he said.

Mannhard gave the same example as he did when he was a lone zoning supporter at the Summerdale meeting. He said there is a proposed development near his property that includes approximately 400 portable homes, 200 apartments and a retail outlet on 200 acres.

“It would completely change the whole nature of our community out there,” he said. “My God, we have no control. We have no say in what goes in around us.”

He said District 14 is a rapidly growing area, and in order to maintain the area’s integrity, there needs to be controlled growth.

“If you go without zoning in the next 20 to 30 years, you’ll have developmental anarchy, where anything goes anyplace, and people who want to do whatever they want to do with their lands will do it,” Mannhard said. “What zoning gives you is the ability as a community to say, ‘We don’t like this.’

“Now you’ll say, ‘We don’t like this,’ and they’ll say, ‘You’re unzoned — too bad.’”

Diane Kaiser, a resident of District 21, spoke about the benefits of being in a zoned district.

“This is the only protection you’ve got. Don’t be afraid. Nothing has changed, there’s still farming, there are still small businesses. All we wanted to do was keep things from getting worse,” she said.

“I encourage you to do this thing. It’ll be the best thing you’ve ever done for your community, children, grandchildren — to protect something that is rightfully yours.”

In addition to personal testimonies, some of the more pressing concerns about zoning were addressed by Baldwin County Planning and Zoning Director Wayne Dyess.

Many people in attendance submitted questions regarding the grandfather clause for non-conforming structures within a zoned area.

For example, if an area is zoned residential, but a commercial building is zoned within the residential area, it would be grandfathered in. Nothing could change its operation, but if the owner of the business wanted to expand the structure, it would have to go before planning and zoning for approval.

Dyess said it’s rare, however, to have a structure zoned in a way to where it becomes non-conforming.

“The non-conforming thing doesn’t happen very often,” he said.

An example of that, he said, is when in zoning District 22, a metal shop was operating in the middle of a neighborhood. The neighborhood did not want to be zoned commercial, and therefore was zoned residential.

Typically, in the zoning process, commercial businesses are sought out and zoned accordingly, he said.

In the event a structure is zoned in a manner seen unfit by its owner, variances can be applied for and rezoning can be considered.

“Zoning is an evolving thing,” Dyess said. “We have rezoning almost every month. (Zoning) is not going to lock everything down.”

And even if a business changed hands, as long as it is not inactive for more than one year — at which point it would be considered abandoned — it is still protected under the grandfather clause.

“It can be bought and sold numerous times,” Dyess said.

Dyess also took time to clear up a few items that have been questioned by District 14 residents in the past, such as the Horizon 2025 Comprehensive Plan.

It has been suggested in the past that the comprehensive plan is law and everything outlined in the plan will come to fruition.

“It’s not a law, it’s something to help us plan for the upcoming year,” Dyess said. “We’re looking at future developments, rezoning, subdivision developments.”

Each county and municipality is required to have a comprehensive plan, and Dyess said it’s merely a guideline.

“The plan can be amended. It’s the law of what you’re required to have,” he said. “People are misusing that, in my mind, intentionally to scare people.”

Horizon 2025, very much like zoning itself, is used in a broad spectrum to look at, plan for and, when needed, protect against large developments.

“We’re looking at big developments in that plan — the big picture, long-term thing. We’re not looking at it for adding a room on to a house,” Dyess said.

Residents also inquired about the five-member advisory board that will be formed if zoning does pass.

Dyess assured the crowd that the advisory board will be a fair representation of the district.

“It should be a broad cross-section of the community. In (District) 21, we had folks who voted for and against zoning on that advisory committee,” he said.

The job of the advisory board, Dyess said, is to make recommendations on zoning maps and pass along that recommendation to the planning commission.

“And the public is more than welcome to share their input with the advisory board,” he added.

“They are looking to take public comments. They have to consider what the community wants and where you want to go in the future. It’s a very open, deliberative process.”

Another concern addressed was the issue of money. The zoning ordinance states that if enacted, residents within the district will have to pay $10 per parcel per year for the duration of two years.

Dyess said the money collected goes toward the administration of the zoning process and by law cannot be used for anything else. The monies do not add up to an exorbitant amount either, he said. He estimated in District 15 an amount of $35,000 was collected.

More information on the Planning District 14 referendum and Horizon 2025 can be found at www.co.baldwin.al.us by following the Planning and Zoning link.

Another voter information meeting will take place at 6 p.m. April 8 at Marlow Methodist Church in Summerdale.

The vote to consider the referendum will take place April 13 at the Marlow Volunteer Fire Department, 13355 County Road32. The poll will be open from 7 a.m. to 7 p.m.

For absentee ballot information, contact the Baldwin County Circuit Clerk at 937-0261 or by e-mail at absentee.elections@co.baldwin.al.us. Mailed absentee ballots must be postmarked by April 12 or hand-delivered by 4:30 p.m. on that date.