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File #: 19-0458    Version: 1 Name: AMENDING THE CITY OF FOLEY ZONING ORDINANCE
Type: Ordinance Status: Adopted
File created: 8/23/2019 In control: Community Development Deptartment
On agenda: 10/7/2019 Final action: 10/7/2019
Title: AN ORDINANCE AMENDING THE CITY OF FOLEY ZONING ORDINANCE
Attachments: 1. Zoning Ordinance Amendments Recommendation_Backup
Related files: 19-0516, 19-0460

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:

DEFINITIONS

Pet Grooming:  Any facility in a totally enclosed building where animals are groomed but where overnight boarding is not permitted. 

Kennel: A business establishment not operated by a licensed veterinarian, where animals are, bred, raised, groomed, boarded or trained with either indoor or outdoor overnight animal retention facilities. 

B-1 CENTRAL BUSINESS DISTRICT

Uses/Structures Permitted:  Stores selling food, restaurants/drive-in eating places, general merchandise, apparel, furniture, housewares and house-hold wares, drugs and sun-dries, jewelry, gift items, flowers, sporting goods, and similar types; small dry cleaning and laundry pick-up stations; barber and beauty shops; shoe repair shops; pet grooming; offices; banks; post offices and similar services; joint residential and commercial use; any residential use not prohibited; any retail business not specifically restricted herein, places of amusement and assembly, ho-tels.

  B-1A EXTENDED BUSINESS DISTRICT

                     Uses/Structures Permitted:                     Stores selling food, restaurants/drive-in eating places, general merchandise, automobile filling stations, automobile repair (minor), apparel, furniture, housewares and household wares, drugs and sundries, jewelry, gift items, flowers, sporting goods, and similar types; small dry cleaning and laundry pick-up stations; barber and beauty shops; shoe repair; pet grooming; offices; banks; post offices; office/warehouses; and similar services; any retail business not specifically restricted herein; places of amusement and assembly; motels and hotels; joint residential and commercial use, any residential use not prohibited.

B-2 NEIGHBORHOOD BUSINESS DISTRICT

                      Uses/Structures Permitted:                     Stores selling food, restaurants, general merchandise, apparel, furniture, housewares and house-hold goods, drugs and sun-dries, jewelry, gift items, flowers, sporting goods, and similar types; small dry cleaning and pick-up stations; barber and beauty shops; shoe repair; pet grooming; offices; banks; post offices; and similar services; automobile filling stations, office/warehouses; drive-in eating places, motels, automobile repair (minor); any retail business not specifically re-stricted herein; any residential use not prohibited; places of amusement and assembly, and hotels.

B-3 LOCAL BUSINESS DISTRICT

                                 Uses/Structures Permitted:  Drug stores, restaurants, drive-in eating places, jewelry and gift shops, flower shops, small beauty and barber shops, small dry cleaning and pick-up stations, automobile repair (minor), local laundry and washateria parlors, shoe repair shops, pet grooming; small business and professional offices, residential uses not  prohibited herein, and other similar small retail businesses units not specifically prohibited herein.

PO - PREFERRED OFFICE DISTRICT

            .                      Uses/Structures Prohibited: Any use or structure not specifically permitted or permitted on appeal in this section or in Section 13.1.1 or 13.1.2 of Article XIII; any retail business or establishment that is not related or incidental to the office use or any retail business or establishment that has an entrance other than from inside the office structure; veterinary clinics/hospitals; pet grooming, kennels and poultry and livestock.

FOLEY DOWNTOWN OVERLAY DISTRICT (FDOD)”

LAND USES

Uses/Structures Permitted:  Stores selling food; restaurants; general merchandise such as apparel, furniture, housewares and household wares, drugs and sundries, jewelry, gift items, flowers, sporting goods, and similar types; small dry cleaning and laundry pick-up stations; barber and beauty shops; shoe repair shops; pet grooming; offices; banks; post offices and similar services; any retail business not specifically restricted herein; hotels/motels; joint residential and commercial use.

RESIDENTIAL - MISCELLANEOUS

FENCES AND WALLS

Fences and walls may be erected, placed and maintained, along lot lines as long as they do not exceed six (6) feet in height in all residential zoning districts, except for R1R, Restricted Residential Single Family and GPH1, Garden Patio Home where an eight (8) foot fence may be permitted. No fence or wall located in a required front yard shall exceed a height of three (3) feet. 

Subdivision privacy wood/vinyl fences built by developers must be finished side facing external right-of-ways or a shadow box design. 

Privacy wood/vinyl fences built by individual homeowners on single family lots must be built finished side out or shadow box under the following conditions: 

                     Facing a public right-of-way

 

COMMERCIAL - MISCELLANEOUS

FENCES AND WALLS

Fences and walls may be erected, placed and maintained, along lot lines as long as they do not exceed six (6) feet in height in all commercial zoning districts. No fence or wall located in a required front yard shall exceed a height of three (3) feet.

Privacy wood/vinyl fences must be built finished side out, facing public right-of-ways or parking areas.

PARKING/LANDSCAPING/BUFFER REQUIREMENTS

USE AND MAINTENANCE OF PARKING LOTS (RESIDENTIAL)

Off-Street Parking for Residential Uses:

A.                     Required parking must be designated by pavement, gravel, cross-ties or some similar method.

 

SITE PLAN REVIEW

Site plans may be required to be submitted to the Planning Commission for input in cases where the proposed development meets the following criteria:

A.                     Duplexes where total lot area is a minimum 11,500 square feet;

 

B.                     Multi-family where total lot area is a minimum of 1 acre;

 

R2 RESIDENTIAL SINGLE FAMILY AND DUPLEX

                     D.                      Requirements:

                                                               Minimum Lot Area (single family)                                                                                    9,000 square feet*

                                                               Additional Minimum Lot Area (duplex)                                                               2,500 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 Enclosure                     10 feet                                                                      

                                                               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.

                     R4 RESIDENTIAL SINGLE FAMILY & DUPLEX

                                            D.                      Requirements:

                     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 Enclosure                     10 feet

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.