Title
(First Reading) ORDINANCE AMENDING VARIOUS SECTIONS WITHIN THE CITY OF FOLEY ZONING ORDINANCE
Summary
DESCRIPTION OF TOPIC: An Ordinance To Amend Various Sections within The City Of Foley Zoning Ordinance
Budgetary Impact: NA
Non-Capital Item:
____ Budgeted under account #_______________ (discussion item)
____ Not budgeted, requesting transfer of $__________ from Account #______________ to Account #_____________.**Request to Transfer Departmental Budget Dollars form must be attached**
____ Not budgeted requiring increase to account #___________ in the amount of $____________.**Request to Increase Departmental Budget Dollars form must be attached**
Capital - Departmental **Capital Purchase Worksheet form must be attached**
____ Budgeted under account #______________ for $_________ and described in budget as ________________________. Additional amount needed, if any: Increase in budget of $_________ OR, transfer of $________ from Account #____________ to Account #_____________**Request to Increase OR Request toTransfer Departmental Budget Dollars form must be attached**
____ Not Budgeted - account #____________ requires budget increase of $_____________.**Request to Increase Departmental Budget Dollars form must be attached**
Capital Project - **If requesting to start a project, a Capital Project Worksheet form must be attached**
In current year Capital Projects Plan:
____ Yes, described as Pavilion, planned amount $___, requesting $___ as total project estimate, including contingencies, under account #400-5090-5117 Pavilion.
_____ No, requesting $___________ as total project estimate, including contingencies, under account #____________________.
_____ Yes, requesting an increase of $___________ to an already approved project titled ________________________ that is being tracked under Account No. ___________________.
_____ No, requesting an increase of $__________ to an already approved project titled _______________________ that is being tracked under Account No. _________________.
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:
8.1.1 Accessory Dwelling Units (ADU)
A second dwelling unit that is either contained within the structure of a single family dwelling unit or in a separate accessory structure on the same lot as the principal residential building for use as a complete, independent living facility with provisions within the accessory dwelling for cooking, eating, sanitation and sleeping. Such a dwelling is an accessory use to the principal residential building and includes accessory apartments, garage apartments and guesthouses.
Accessory Dwelling Units shall also conform to the following regulations:
A. Only one ADU is allowed per primary residence.
B. Any dwelling unit less than 800 square feet is considered an accessory dwelling.
C. Recreational Vehicles, Tiny Houses on Wheels (THOWs), and storage sheds not intended for residential use may not be used as an ADU.
D. Manufactured Homes may only be used as an accessory dwelling unit in single family residential zones where Manufactured Homes are allowed by right. Applicants must apply for all required permits before installing a manufactured home as an ADU.
E. The ADU ground floor square footage shall not exceed 60% of the ground floor square footage of the principal residence, nor may the total square footage of the ADU exceed 60% of the total square footage of the principal residence. This provision does not apply to Manufactured Homes used as accessory dwellings.
F. An ADU shall be at least 10 feet from all lot lines and 10 feet from any other structure on the same lot.
G. The construction of ADUs shall conform to the current International Residential Code (IRC) as adopted and amended by the City of Foley. ADUs that are 400 square feet in area or less (excluding lofts) must conform to the requirements of IRC Appendix BB for Tiny Houses.
H. ADUs must be a minimum of 200 square feet in area (excluding lofts).
8.1.2 Residential Accessory Structures
A. Single story accessory structures shall be at least five (5) feet from all lot lines and ten (10) feet from any other structure on the same lot, excluding fences.
Two story accessory structures shall be at least ten (10) feet from all lot lines
B. Plant nurseries, greenhouses, and hoop structures are allowed accessory structures provided that:
1. no sales are made from the premises;
2. all accessory structures and material storage facilities larger than three hundred (300) square feet in total area shall be located not less than twenty (20) feet from all property lines, and no closer than ten (10) feet to any other structure.
C. Neither residential swimming pools nor fences / walls shall be counted toward the limit of two accessory structures per residential lot, but they must still be appropriately permitted and meet the following requirements:
1. For pools, water’s edge must be at least five (5) feet from property lines and ten (10) feet from any other structure on the lot, with the exception of its own pump system or any fence/wall used solely to secure the pool area. Check with the Building Department for additional permitting requirements from the Building Code.
2. See Section 8.2 and Exhibit D for guidance on fence/wall heights, locations, and allowed styles.
D. Horizontal only structures, such as concrete or paver sidewalks / parking pads and patios, do not count as accessory structures or require a permit as long as there is no associated vertical component such as a pergola or permanently attached cover of any kind.
9.9.1 Temporary / Mobile Structures Used For Business
A. Temporary / Mobile Vendors, including but not limited to food trucks, may operate on privately owned property with written permission from the property owner(s). The private parcel or lot must be zoned for non-residential use.
B. A Temporary / Mobile Structure, with the required permits, may be placed on public property within designated areas during an event. Any public property use must be approved by the Mayor and City Council prior to any permits being issued.
C. Temporary / Mobile Structures and Vendors may remain on a single parcel for a period not to exceed a total of ninety (90) days during a single calendar year. It shall be the responsibility of each Mobile / Temporary Vendor to maintain a complete log of all locations and dates of operation for the current calendar year. If the log cannot be produced upon request, it shall be deemed that the 90 day limit in the current location has been exceeded and operation at that location shall be discontinued for the remainder of the calendar year.
D. The following conditions apply to Temporary / Mobile Vendors and Structures:
1. Mobile food vending units shall be located at least ten (10) feet away from the nearest building unless otherwise approved by the City of Foley Fire Department.
2. Vendors shall serve only walk-up customers, not customers in a motor vehicle
3. They shall not broadcast loud music or advertisements
4. No signage is allowed except signage affixed to the mobile vending unit identifying the vendor and menu / price information
5. Vendors must provide for adequate waste collection from their customers.
6. Vendors must operate in a safe and sanitary manner approved by the Alabama Health Department.
11.1 SITE PLAN REVIEW
A zoning site plan review is a procedure designed to assist a developer in interpreting the Zoning Ordinance so that proposed developments meet the requirements of this Ordinance. Ultimate responsibility for compliance with this Ordinance rests with the land owner, developer, tenant, or person who is responsible for the building, structure, lot, or use.
11.1.1 Applicability
A zoning site plan review shall be required for all:
A. New construction
B. Remodeling or refurbishing of existing structures
C. Demolition and rebuilding on existing lots
D. Change of occupancy or use of any structure, regardless of the zoning district
11.1.2 Pre-Application Meeting
A Pre-Application meeting is required for all site plans. An application is made using Citizenserve. Instructions are located on the cityoffoley.org website. Site plans that are not required to go to the Planning Commission will be reviewed and administratively approved by City Staff. Site plan approval will be valid for 12 months but will expire after this date if no Land Development Permit (LDO) or building permits have been obtained. The Planning Commission may extend the site plan approval by twelve (12) months if it is determined there is an extenuating circumstance
11.1.3 Planning Commission Approval
Site plans meeting the following criteria require approval by the Planning Commission:
1. Each phase of a Planned Development
2. Multi-family developments, including but not limited to Manufactured Home Parks, townhouses, and apartments;
3. Multi-occupant commercial developments with three or more units for sale or lease, including but not limited to RV Parks, mini-storage units, and storage warehouses.
4. Commercial and Industrial developments where the total area exceeds one (1) acre;
5. Commercial and Industrial developments where the total structure area exceeds ten thousand (10,000) square feet;
6. Conditional Uses
7. Developments in locations identified as Overlay Districts or and Special Use Districts
11.2 PRIOR APPROVALS ISSUED WITHOUT EXPIRATION DATES
11.2.1 Purpose
This Section establishes a fair, orderly process for addressing Planned Developments, Zoning Site Plans, and similar approvals issued without expiration dates. It allows the City to apply current standards to projects that have not advanced, while fully recognizing rights that have vested under Alabama law through good-faith reliance and substantial expenditures. Nothing in this Section shall be construed to impair any right that has vested under the Constitution or laws of the United States or the State of Alabama
11.2.2 Definitions
A. Effective Date means the date this Section takes effect.
B. Old Approval means any Planned Development (including PUD, PDD, and PID), Zoning Site Plan, or similar development approval granted before the Effective Date that contains no expiration date.
C. Substantial Development Activity means on-site physical construction, consistent with the approved plan, that represents a significant good-faith investment toward completion, including:
1.Vertical construction of authorized structures;
2. Construction of streets, utilities, drainage, stormwater facilities, or other required improvements serving the development; or
3. Grading or foundation work that materially advances the project toward building construction.
D. The following are not considered Substantial Development Activity:
1. Off-site engineering or design
2. Marketing or sales
3. Clearing, temporary access drives, or similar minor site preparation.
11.2.3 Applicability
This Section applies to each Old Approval, or phase of an Old Approval, that has not been completed. It does not apply to any phase or portion that has been completed, any phase or portion on which Substantial Development Activity has occurred and is continuing, or any structure or improvement lawfully constructed under an Old Approval, all of which shall remain valid and governed by the Old Approval.
11.2.4 Notice and Register
Within ninety (90) days after the Effective Date, the Planning Director or designee shall prepare a register of known Old Approvals and shall send written notice of this Section by first-class mail to the owner of record of each affected parcel, as shown in the Baldwin County tax records. The Planning Director shall send a second notice at least one hundred eighty (180) days before the Affirmation Deadline. Failure to identify an approval or to deliver notice does not validate an approval that would otherwise expire. However, the Affirmation Deadline for that owner shall be extended to one hundred eighty (180) days after actual notice is delivered to the owner.
11.2.5 Affirmation
A. Deadline: The owner may apply to affirm an Old Approval within two (2) years after the Effective Date (the "Affirmation Deadline").
B. Application: The application to affirm an Old Approval shall include:
1. The Old Approval approved plan
2. Evidence of Substantial Development Activity, if any
3. A proposed schedule for completion
C. Decision: The Planning Director shall affirm the Old Approval if it was lawfully issued and the plan is sufficiently detailed to be administered. The Planning Director shall make written findings within sixty (60) days. Decisions may be appealed to the Board of Adjustment and Appeals.
D. Scope: Affirmation covers portions of the plan with a legible layout and specific design standards. For undeveloped portions, the following are governed by the regulations in effect when development permits are sought, except to the extent they have already been constructed or irrevocably committed in good-faith reliance on the Old Approval:
1. Elements lacking sufficient detail
2. Stormwater management; and
3. Landscaping
E. Health and safety: All development shall comply with current building, fire, plumbing, electrical, mechanical, and other codes adopted to protect public health, safety, and welfare.
F. New plan option: Instead of seeking affirmation, the owner may apply for approval of a new plan under the regulations in effect at the time of application.
11.2.6 Duration After Affirmation
A. An affirmed Old Approval remains valid for two (2) years after affirmation. Within that period, Substantial Development Activity must begin (or resume) and must be diligently pursued to completion.
B. The Planning Commission may grant one (1) extension of up to one (1) year to complete Substantial Development Activity. To do so, the owner must submit a written request before expiration, show good cause, and have made measurable progress toward completion.
C. After activity begins, an affirmed approval expires as to any undeveloped phase in which no Substantial Development Activity occurs for twelve (12) consecutive months. Dormancy shall be established by the absence of the following, as documented by City staff:
1. Building or infrastructure inspections
2. Permits or permit renewals; or
3. Verified on-site construction
D. The owner is entitled to written notice and shall have thirty (30) days to respond before a determination of dormancy becomes final.
11.2.7 Expiration
A. An Old Approval, or unaffirmed phase, for which no application is filed by the Affirmation Deadline expires, except as provided in § 11.2.3.
B. On expiration of all or part of an Old Approval, the affected undeveloped land shall be subject to the then-current regulations in effect at the time of any future development application.
C. Where the Old Approval established a planned development zoning district of any type, the City shall initiate a rezoning of the affected undeveloped land to the prior underlying district or, in the Planning Director’s discretion, to the most compatible zoning district that is consistent with the Comprehensive Plan. Until that rezoning takes effect, no new development permits shall be issued under the expired approval.
11.2.8 Tolling
All time periods in this Section are tolled during: litigation affecting the approval or property; and any development moratorium imposed by the City.
11.2.9 Relief from Undue Hardship
An owner may apply to the City Council for relief from any provision of this Section. The owner must show that its application would:
A. Result in a taking of property without just compensation in violation of state or federal law;
B. Impair a vested right of the owner; or
C. Deny the owner all economically beneficial use of the property.
The City Council may grant relief it finds necessary to avoid that result, including extending time periods or recognizing additional vested elements. An owner must exhaust this remedy before seeking other relief.
15.4.10 Severability
If any provision of this Section, or its application to any property, is held invalid, the remainder of this Section shall not be affected.
18.2.2 B-1A EXTENDED BUSINESS DISTRICT
A. 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; churches; daycares and similar services; any retail business not specifically restricted herein; class 4 clubs or lodges, places of amusement and assembly; motels and hotels; joint residential and commercial use.
B. Conditional Uses / Structures: Automobile repair (major); large dry cleaners and laundries, veterinary clinics / hospitals, manufacturing incidental to a retail business where articles are sold at retail on the premises, office / warehouses, storage structures / open storage.other uses not specifically restricted herein
C. Uses / Structures Prohibited: Any use or structure not specifically or conditionally permitted in this Section or in Section 13.1.1 or 13.1.2 of Article XIII, including kennels; poultry and livestock; industrial uses not specifically permitted herein; travel trailers; mobile / manufactured dwellings; modular dwellings; wholesale businesses; and towing company storage yard.
22.3 TEMPORARY SIGNS NOT REQUIRING PERMIT
The following temporary signs are allowed with the following conditions, and do not require a permit. This section specifically excludes Special Event Signs / Displays as described in §22.4.
A. Temporary signs shall not be illuminated.
B. Temporary Event Signs for events held to benefit a registered 501(c)(3) Non-profit organization are allowed to advertise for a period of no longer than two (2) weeks immediately preceding an event provided that:
1. The sign face must be less than thirty-two (32) square feet.
2. They may be located on and/or off premise, provided it is not in the public right-of-way nor causing a traffic hazard (see §22.1 D-Visibility), and has permission of the landowner on whose property it is placed.
3. The sign is removed within the 24 hour period immediately following the event.
F. On Premise Real Estate Signs:
1. Residential Real Estate "For Sale" or Rental Signs
a. Two (2) signs per property advertising the sale or rental are allowed on-premise.
b. Must not exceed four (4) square feet of copy area per sign.
c. Such signs shall not be permitted for a period longer than thirty (30) days after closing the sale or rental of the property.
2. Commercial Real Estate "For Sale" or "For Rent" Signs
a. One (1) real estate "For Sale" or "For Rent" sign for commercially zoned properties is allowed for properties with up to five hundred (500) linear feet of frontage. An additional sign is allowed for each additional five hundred (500) feet of frontage.
b. Must be located entirely within the property.
c. Must not exceed thirty-two (32) square feet of copy area per sign.
d. Such sign(s) shall be removed within thirty (30) days of closing the sale or rental of the property.
3. New Neighborhood or Commercial Construction Signs:
a. Must not exceed thirty-two (32) square feet of sign face.
b. May be placed no sooner than actual demolition or construction activities begin and may continue until the permanent sign is erected or the certificate of occupancy is issued, whichever comes sooner.
c. Such sign shall not be located in or overhanging the public right-of-way nor pose a traffic hazard (see §22.1.D - Visibility).
4. Model Homes:
a. Temporary A-frame signs shall be allowed in residential zones only to be located on the lot of the model home during the business hours in which an agent is present.
G. Temporary Yard Signs on Private Property:
1. The total of sign faces shall not exceed twelve (12) square feet in residential districts. In all other zoned districts, sign faces shall not exceed thirty-two (32) square feet total.
2. The property owners shall be held responsible for violations.
3. No signs shall be allowed in the public right-of-way, project into or overhang any right-of-way or be attached to any utility pole within the right-of-way.
4. Political campaign signs placed on private property shall be considered Temporary Yard Signs and are exempt from permit requirements, provided they comply with the size, placement, and safety standards of this section.
H. Decorative Displays
1. A grouping of up to three single balloons under twenty-four (24) inches in circumference that do not contain copy are considered decorative. They shall not be located in, project into, or overhang the public right-of-way nor pose a traffic hazard (see §22.1.D - Visibility).
2. Rectangular fabric flags (separate and distinct from “Feather Flags” and “U.S. Flags” §22.6) with a maximum size of 4 ft x 6 ft that do not contain copy or a company logo and are properly mounted on a staff or halyard located on private property are considered decorative. These should be maintained in good condition without frayed edges or significant fading.
I. Alterations / Maintenance
A permit is not required for sign alterations if such alterations involve only:
1. The changing copy on a permitted changeable copy sign.
2. The painting or refinishing of the surface of a sign face or sign structure of a permitted sign so as to keep the appearance of such sign as it existed on the date such sign received a permit.
3. Changes of copy by an owner necessary to correctly identify the business, i.e. phone number, etc. as long as the quality and graphics of the original permitted sign remain the same.
22.4 SPECIAL EVENT SIGNAGE / DISPLAYS
Temporary special use or event signs and displays that are not included in §22.3 are allowed but only under the following conditions and requirements: See Exhibit A
22.6 U.S. Flags
United States flags are not considered signs.
A. They may be flown in accordance with the Freedom to Display the American Flag Act of 2005.
B. The flag should be appropriately sized for the pole upon which it is to be flown in accordance with the industry standard (flag length is between one-quarter and one-third of the total pole height).
C. The flagpole must meet wind load requirements of the Building Department.
D. Flag poles must be set back from all structures on adjacent properties a distance that is at least equal to the height of the pole.
USES GRID See Exhibit B
THIS ORDINANCE WILL BECOME EFFECTIVE IMMEDIATELY UPON ITS ADOPTION AS REQUIRED BY LAW