Title
AN ORDINANCE AMENDING THE CITY OF FOLEY ZONING ORDINANCE
Body
WHEREAS, the City of Foley, Alabama, adopted Ordinance No. 387-87 on June 15, 1987, ordaining a new Zoning Ordinance and Zoning Map for the City of Foley which has subsequently been amended, and
WHEREAS, the City of Foley Planning Commission has recommended changes within the current Zoning Ordinance, and the City Council of the City of Foley deems it necessary, for the purpose of promoting the health, safety, morals and general welfare of the City to amend said Ordinance, and
WHEREAS, all requirements to the laws of the State of Alabama, with regard to the preparation of the report of the Foley Planning Commission and subsequent action of the City Council have been met,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FOLEY, ALABAMA while in regular session accepted the following changes:
2.1 DEFINITIONS APPLICABLE TO THIS ORDINANCE
Density: The number of separate dwelling units per gross residential acre. For new developments and subdivisions, the number of separate dwelling units in the net residential acreage excluding delineated wetlands, lakes, ponds, and storm water detention / retention facilities shall also be provided.
Joint Residential & Commercial Use: A joint use is a type of commercial property that includes both commercial and residential space. The residential uses shall be designed so that they are compatible with the commercial uses. Residential and commercial uses shall not occupy the same floor of a building. Residential and commercial uses shall not share the same entrances. A dwelling unit density of .5 (1/2) dwelling units per 1,000 square feet of the gross floor area devoted to commercial uses may be allowed (structures with less than two thousand (2,000) square feet devoted to commercial uses shall be allowed one dwelling unit). Each 2,000 square feet of commercial must be built first or simultaneously with each family dwelling unit.
8.2 FENCES AND WALLS
Wood, vinyl, decorative metal or chain link fences are permitted in all residential zones. Stock type fencing (hog wire, chicken wire, goat wire, livestock & similar), tin / metal panels and razor wire are prohibited in all residential zones except for AO - Agricultural Open Space. See Exhibit C for Examples.
11.1 SITE PLAN REVIEW
A. Duplexes
14.1.6 R-2 RESIDENTIAL SINGLE FAMILY AND DUPLEX
D. Requirements:
SINGLE FAMILY:
Minimum Lot Area (single family) 9,000 square feet*
Minimum Lot Width at Building Line 75 feet
Minimum Depth of Front Yard 30 feet
Minimum Depth of Rear Yard 30 feet
Minimum Depth of Rear Yard with Pool/Screen 10 feet
Enclosure
Minimum Width of Each Side Yard 10ft (5 feet on
side w/ carport)
Minimum Depth of Side Yard Abutting Street 30 feet
Maximum Building Area (% of Gross Lot Area) 40%
Maximum Building Height (feet) 50 feet
Maximum Building Height (stories) 2
Off-Street Parking Spaces (Per Family Unit) 2
Maximum Density Per Acre 4.0
* or meet Health Department requirements.
DUPLEX:
Minimum Lot Area (duplex) 11,500 square feet
Landscape Requirements (duplex) 10% of lot area
Minimum Lot Width at Building Line 75 feet
Minimum Depth of Front Yard 30 feet
Minimum Depth of Rear Yard 30 feet
Minimum Depth of Rear Yard with Pool/Screen 10 feet
Enclosure
Minimum Width of Each Side Yard 10 ft (5 feet on
side w/ carport)
Minimum Depth of Side Yard Abutting Street 30 feet
Additional Setback from Single Family Residential 5 feet
Maximum Building Area (% of Gross Lot Area) 40%
Maximum Building Height (feet) 50 feet
Maximum Building Height (stories) 2
*Off-Street Parking Spaces (Per Family Unit) 2
*Parking shall be clearly shown on the site plan as paved, gravel or similar durable surface and marked for the residents use.
Maximum Density Per Acre 4.0
* or meet Health Department requirements.
ADDITIONAL REQUIREMENTS FOR DUPLEXES FORM BASED CODE:
The purpose of a Form Based Code is to consider:
● Neighborhood context - The design should be consistent with, compliment or improve upon the design character of the immediate neighborhood.
● Variety of Design - The duplex should incorporate design elements which help break up the mass of the building and provide visual interest.
The Guidelines are intended to protect viable and stable neighborhoods in keeping with their established character and use.
DEFINITIONS:
Architectural Details - Include but are not limited to: porch railings; column size, taper, base and molding; dormer windows; shutters; transparency; and similar.
Building Facade Recesses - Porches or patios
Landscaping - An area of mixed vegetation along the primary facade facing the street. Landscaping can consist of trees and/or shrubs.
Pedestrian or Vehicular Courtyard - A break in the primary facade facing the street that: recess no more than 50% of the width of the facade; recess a minimum of 8’ in depth; and, shall be enclosed on 3 sides by the building facade.
Transparency - All building facades along public frontages shall have a minimum of 20% transparency with glass; All glass facing a public frontage must be clear, non-reflective and not painted or tinted (transparent, low-emissivity glass is permitted); Glass cannot be made opaque by window treatments (Except for operable sunscreen devices inside the structure within the climate controlled space); and, Security bars on windows or doors shall not be visible from the street.
REQUIREMENTS:
The primary facade facing the street shall include the following:
● Landscaping
● Transparency
The primary facade facing the street shall also include at least one of the following:
● Architectural Details
● Building Facade Recess
● Pedestrian or Vehicular Courtyard
14.1.7 R-4 RESIDENTIAL SINGLE FAMILY AND DUPLEX
D. Requirements:
SINGLE FAMILY RESIDENTIAL:
Minimum Lot Area (single family) 9,500 square feet*
Minimum Lot Width at Building Line 75 feet
Minimum Depth of Front Yard 30 feet
Minimum Depth of Rear Yard 30 feet
Minimum Depth of Rear Yard with Pool/Screen 10 feet
Enclosure
Minimum Width of Each Side Yard 10 feet
Minimum Depth of Side Yard Abutting Street 30 feet
Maximum Building Area (% of Gross Lot Area) 40%
Maximum Building Height (feet): 50 feet
Maximum Building Height (stories): 2
Off-Street Parking Spaces (per family unit) 2
Maximum Density 4.0
* or meet Health Department requirements.
DUPLEX:
Minimum Lot Area (single family) 9,500 square feet*
Additional Minimum Lot area (each additional family) 2,000 square feet*
Landscape Requirements (duplex) 10% of lot area Minimum Lot Width at Building Line 75 feet
Minimum Depth of Front Yard 30 feet
Minimum Depth of Rear Yard 30 feet
Minimum Depth of Rear Yard with Pool/Screen 10 feet
Enclosure
Minimum Width of Each Side Yard 10 feet
Minimum Depth of Side Yard Abutting Street 30 feet
Additional Setback from Single Family Residential 5 feet
Maximum Building Area (% of Gross Lot Area) 40%
Maximum Building Height (feet) 50 feet
Maximum Building Height (stories) 2
Off-Street Parking Spaces (Per Family Unit) 2**
Maximum Density Per Acre 4.0
* or meet Health Department requirements.
** Parking shall be clearly shown on the site plan as paved, gravel,
or similar durable surface and marked for the residents' use.
ADDITIONAL REQUIREMENTS FOR DUPLEXES FORM BASED CODE:
The purpose of a Form Based Code is to consider:
● Neighborhood context - The design should be consistent with, compliment or improve upon the design character of the immediate neighborhood.
● Variety of Design - The duplex should incorporate design elements which help break up the mass of the building and provide visual interest.
The Guidelines are intended to protect viable and stable neighborhoods in keeping with their established character and use.
DEFINITIONS:
Architectural Details - Include but are not limited to: porch railings; column size, taper, base and molding; dormer windows; shutters; transparency; and similar.
Building Facade Recesses - Porches or patios
Landscaping - An area of mixed vegetation along the primary facade facing the street. Landscaping can consist of trees and/or shrubs.
Pedestrian or Vehicular Courtyard - A break in the primary facade facing the street that: recess no more than 50% of the width of the facade; recess a minimum of 8’ in depth; and, shall be enclosed on 3 sides by the building facade.
Transparency - All building facades along public frontages shall have a minimum of 20% transparency with glass; All glass facing a public frontage must be clear, non-reflective and not painted or tinted (transparent, low-emissivity glass is permitted); Glass cannot be made opaque by window treatments (Except for operable sunscreen devices inside the structure within the climate controlled space); and, Security bars on windows or doors shall not be visible from the street.
REQUIREMENTS:
The primary facade facing the street shall include the following:
● Landscaping
● Transparency
The primary facade facing the street shall also include at least one of the following:
● Architectural Details
● Building Facade Recess
● Pedestrian or Vehicular Courtyard
13.5 DUPLEXES SECTION REMOVED (Amendments moved to Duplex Section)
ARTICLE XXI - PLANNED DEVELOPMENTS
21.1 RESIDENTIAL PLANNED DEVELOPMENTS:
All residential planned developments shall at a minimum submit the following information at time of site plan / initial zoning or rezoning:
a. A preliminary traffic analysis indicating the probable effect of the proposed development on traffic patterns and capacities of adjacent streets in the immediate area;
b. Official letters of commitment of utility services to the proposed development including water, sewer, electric, gas and other utilities.
21.2 MIXED USE PLANNED DEVELOPMENTS:
All mixed use planned developments shall at a minimum submit the following information at time of site plan / initial zoning or rezoning:
a. A preliminary traffic analysis indicating the probable effect of the proposed development on traffic patterns and capacities of adjacent streets in the immediate area;
b. Official letters of commitment of utility services to the proposed development including water, sewer, electric, gas and other utilities.
21.1 R-3 RESIDENTIAL MULTI-FAMILY
Where multi-family is located adjacent to single family residential, the minimum setbacks shall be a minimum of fifty (50’) feet for 1 story. An additional 50’ of setback will be required per story. A maximum of 2 stories can be built adjacent to single family residential. Planning Commission may require additional height and location restrictions adjacent to single family residential including but not limited to a berm & fence. Buffer areas cannot be clear cut without written approval from our Environmental Department (see Environmental regulations for landscaping). A landscape plan will be required as well.
21.1.2 TH-1 RESIDENTIAL TOWNHOUSE
Where multi-family is located adjacent to single family residential, the minimum setbacks shall be a minimum of fifty (50’) feet for 1 story. An additional 50’ of setback will be required per story. A maximum of 2 stories can be built adjacent to single family residential. Planning Commission may require additional height and location restrictions adjacent to single family residential including but not limited to a berm & fence. Buffer areas cannot be clear cut without written approval from our Environmental Department (see Environmental regulations for landscaping). A landscape plan will be required as well.
PUD - PLANNED UNIT DEVELOPMENT
A. PUD Development Requirements
Minimum Lot Area 6,000 sq.ft.
Where multi-family is located adjacent to single family residential, the minimum setbacks shall be a minimum of fifty (50’) feet for 1 story. An additional 50’ of setback will be required per story. A maximum of 2 stories can be built adjacent to single family residential. Planning Commission may require additional height and location restrictions adjacent to single family residential including but not limited to a berm & fence. Buffer areas cannot be clear cut without written approval from our Environmental Department (see Environmental regulations for landscaping). A landscape plan will be required as well.
21.5 PDD - PLANNED DEVELOPMENT DISTRICT
*Maximum Residential Density per Acre 20 units
*The residential portion of a PDD shall not exceed 30% of the overall site.
Where multi-family is located adjacent to single family residential, the minimum setbacks shall be a minimum of fifty (50’) feet for 1 story. An additional 50’ of setback will be required per story. A maximum of 2 stories can be built adjacent to single family residential. Planning Commission may require additional height and location restrictions adjacent to single family residential including but not limited to a berm & fence. Buffer areas cannot be clear cut without written approval from our Environmental Department (see Environmental regulations for landscaping). A landscape plan will be required as well.
D. The applicant for any type of PDD shall provide a drawing and a written narrative specifically calling out all zoning relaxations that are being requested through the PDD. These may include reduced right-of-way width, clustering of units, reduced lot size and setbacks, use considerations, building height variances, design considerations, etc., and shall also identify the benefits of the PDD, including but not limited to:
1. Public Benefits- Traffic and utility improvements, regional and local bicycle / pedestrian improvements, buffering from adjacent sites, aesthetic improvements, dedication of school or park sites, enhancement of property values, sign enhancements, preservation of natural areas and views, creating public access to water or other popular sites.
2. Private Benefits - Amenities for site users, open space and recreation, clustering of uses, creation of neighborhoods, landscaping, traffic circulation, multi-modal circulation, private space for units, parking, tree preservation, preserving unique views and natural areas in common areas for the use and enjoyment of all residents/guests, enhanced architecture and site layout.
Exhibit C is attached and made a permanent part of this Ordinance.