The City of Gulf Shores is set to vote on amending its zoning ordinance, requiring a conditional use permit (CUP) for the construction of townhomes in general business (BG) and neighborhood business (NB).

There are two separate ordinances for each district, with changes to BG set to require CUPs for townhouses, which is a style of single-family, attached dwelling, and changes to BN set to require CUPs for multi-family dwellings and townhouses.

Currently, construction of this type of residential development in these zones is allowed by right, meaning no special conditions are placed on builders.

With a CUP, the zoning ordinance details 14 factors that are examined prior to granting land use.

At the Dec. 1 council meeting where the item was first presented, Scott Stephens, Gulf Shores' planning director, said the city is typically in favor of mixed-use development in BG zones as that's generally a positive thing.

"The issue we see here though is the purpose of BG is commercial so that's located where it should be, but if we have a tract of land or large parcel in BG, what we don't want to see is it only become townhomes," he said. "That is sometimes what may happen."

In the past, he said, council has hesitated on some BG development approvals without placing conditions such as "no further townhomes or something like that."

In August, the city denied a request to build a 300-unit, 23-acre mixed-use project that was set to be built in BG zoning near the construction site for the new Gulf Shores High School.

When the lot was annexed into the city, BG allowed for multi-family developments but in 2020 the zoning ordinance was amended, similarly to the proposed changes now, to require CUPs or a planned unit development (PUD) to approve multi-family units in BG.

BG zoning is used for a general mix of use and often contains buildings such as offices, hotels, banks and restaurants.

Stephens said the changes to BN are like BG's amendments, if approved.

The purpose of BN zoning, according to the ordinance, is to provide a "buffer" between commercial activities and residential neighborhoods.

Stephens said the reasoning behind this ordinance amendment is similar to BG as the city doesn't want the zone to be used only for residential buildings.

There was no public comment from council or those in attendance at the Dec. 1 meeting.

The planning commission recommended approval of these amendments. The city is set to vote on these in January.