Title
ZONING ORDINANCE AMENDMENTS
Body
AMENDING THE CITY OF FOLEY ZONING ORDINANCE
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:
ARTICLE II - DEFINITIONS:
Foley Directional/Wayfinding Signs: Signs erected by or on behalf of the City of Foley in the public right of way pursuant to City ordinances and regulations directing travelers to business locations from intersections.
Garden-Patio Home (GPH): A single family dwelling located on its own lot, having only one (1) side yard required or two (2) single family dwellings connected by a firewall as required by the Building and Fire Codes with only one (1) side yard required per dwelling, with a minimum six hundred (600) square feet of court yard, patio or open space provided per dwelling, or as otherwise stated in this Ordinance. Sometimes referred to herein as “Patio-Garden Home”.
Habitable Structure: A space in a building for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces and similar areas are not considered habitable spaces.
Hotel: Any establishment where sleeping or sleeping and eating accommodations are advertised or held out to be available to transients, whether such establishment be known as a hotel, condotel, apartment hotel, inn, tavern, club, resort, tourist home, tourist court, motel, court, motor court, motor lodge or by other like term, but this term shall not be construed to include apartments, clubs, trailer courts, boardinghouses, rooming houses or portions thereof where single night accommodations are not advertised or held out to be available.
Kennel: A business establishment not operated by a licensed veterinarian, where animals are bread, bred, raised, groomed, boarded or trained with either indoor or outdoor animal retention facilities.
Maximum Structure Height: Unless addressed elsewhere in the Zoning Code, the “Maximum Building Height (feet)” shall be the maximum height in feet of any structure, including buildings, towers, and all other forms of structures.
Parking Space: The space necessary to park an automobile shall not be less than an area nine (9) ten (10) feet wide by eighteen (18) twenty (20) feet long for perpendicular each parking spaces and nine (9) feet by twenty (20) feet for a herringbone / angle design. and Aall parking spaces required shall be provided with necessary lanes and maneuvering areas. No two-way entrance or aisle shall be less than twenty-five (25) feet in width. In no event shall an entrance or aisle be less than twenty (20) feet.
Patio-Garden Home (PGH): A residential structure built pursuant to the regulations and specifications of this Ordinance for structures in Garden-Patio zoning districts and for Garden-Patio houses. Sometimes referred to herein as “Garden-Patio Home”.
Sign, Incidental: A sign, generally informational, that has a purpose secondary to the use of the zone lot on which it is located, such as “no parking”, “entrance”, “exit”, “loading only”, “drive-through”, “menu boards”, “telephone” and other similar directives. No sign with a commercial message legible from a position off the zone lot on which the sign is located shall be considered incidental.
Sign, Multi-Tenant Locator: A single ground sign which identifies multiple businesses which are all tenants in a single structure, shopping center or complex. A Multi-Tenant Locator Sign must be located on the property that is being leased by the businesses who are displayed on the sign face unless otherwise allowed in this ordinance.
Sign, Window: Any sign, pictures, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale or service, that is placed inside a window or upon the window panes or glass and is visible from the exterior of the window right-of-way.
Street, Private: Street or road not owned or maintained by the City of Foley whether or not it has public access.
Structure: Anything constructed or erected which requires location on the ground or attached to something having a location on the ground, including among other things, signs, billboards, fences, walls, and satellite television and radio antennas, but not including telephone poles or overhead wires, wire fences and other fences less than three (3) feet high, retaining walls or terraces.
Townhouse: A building or structure, portions of which are designated for separate ownership for residential purposes, not transient use. By virtue of owning a townhouse unit, the owner will not necessarily become an owner of the common areas or improvements. If, based simply on the unit owner’s ownership of his unit also owns the common area or improvements, then the townhouse is a condominium.
GENERAL
The special provisions contained in this Article are cumulative to the requirements, provisions, and regulations found elsewhere in this Zoning Ordinance. These Special Provisions should be read in conjunction with the other provisions of this Zoning Ordinance. In the event of a conflict or discrepancy between any provision found in this Article and any other provision found in this Article, this Zoning Ordinance, or elsewhere, the more burdensome regulation, provision, or interpretation shall apply.
REZONING BY PETITION OF PROPERTY OWNER
C. After the public hearing the Planning Commission may require additional information or documentation from the applicant or from City staff. After due consideration of the comments made at the public hearing, the reports from staff members, and the concerns of the Planning Commission members, the Planning Commission shall render a decision on the application. The Planning Commission’s decision shall be communicated to the City Clerk Council in the form of a recommendation.
INITIAL ZONING AND ZONING AMENDMENTS UPON THE CITY OF FOLEY’S INITIATIVE
The Planning Commission may, upon its own initiative, hold public hearings for the consideration of any proposed amendment to the provisions of this Ordinance, to the rezoning or initial zoning of property, or to the altering, amending or changing of the zoning district boundaries or designations after giving notice of the public hearing in accordance with the provisions of Section 5.2 of this Article, except that property owners are only notified by mail when their property or property abutting their property is being considered for rezoning. The Planning Commission will report its recommendation, whether favorable or unfavorable, to the City Clerk Council.
PROHIBITIONS
E. Every building hereafter erected or altered shall be located on a lot as herein defined. Only one (1) principal building and its customary accessory building may be erected on any lot in any R-1R, R-1A, R-1B, R-1C, R-1D and R-2, R3, R4, GPH-1, TH and MH-1. single-family and duplex residential districts. Accessory structures shall not include kitchen facilities; unless an approved Accessory Dwelling Unit has been approved by the Board of Adjustment and Appeals.
PUBLIC UTILITIES
Utility structures including, but not limited to, poles, wires, cross arms, transformers attached to poles, guy wires, insulators, conduits and other facilities necessary for the transmission or distribution of electric power or to provide telephone, telegraph service or cable television, and pipe lines, vents, valves, hydrants, regulators, meters and other facilities necessary for the transmission or distribution of gas, oil, water or other utilities may be constructed, erected, repaired, maintained or replaced within any district within the City. This is not to be construed to include the erection or construction of buildings. Electric substations are conditional uses in all zoning districts of the City.
RESIDENTIAL ACCESSORY STRUCTURES
No accessory structure shall be erected in any front yard or any street-side yard on a corner lot. Accessory structures: shall not exceed two (2) stories in height; shall not cover more than thirty percent (30%) of the required yard in which it is located; and shall be at least five (5) feet from all lot lines and ten (10) feet from any other habitable structure on the same lot.
No accessory structure may be built prior to the primary residence except in AO - Agricultural Open Space.
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.
COMMERCIAL ACCESSORY STRUCTURES
No accessory structure shall be erected in any front yard or any street-side yard on a corner lot. Accessory structures: shall not exceed two (2) stories in height; shall not cover more than thirty percent (30%) of the required yard in which it is located; and shall be at least five (5) feet from all lot lines and ten (10) feet from any other habitable structure on the same lot.
TEMPORARY/MOBILE STRUCTURES USED FOR BUSINESS
A. Vendors may operate on private property with written permission from the property owners. The parcel must be zoned for non-residential uses or may be placed on public property within approved areas. Any public property use must be approved by Mayor and Council prior to any permits being issued. These temporary/mobile structures may be allowed for a period not to exceed a total of six (6) three (3) months during a single calendar year.
METAL BUILDING FACADES
E. This requirement is not applicable to non-habitable accessory structures and structures located more than two-hundred (200) feet from the nearest street as defined above.
PARKING REQUIREMENTS
D. Parking Schedule:
2. Hotels, motels, and tourist homes - 1.25 1.1 spaces for each guest bedroom.
3. Churches, auditoriums, stadiums, ball fields, civic centers and similar uses - 1 parking space for each 5 4 seats.
BUFFERS/ GENERAL REQUIREMENTS
I. Buffer requirements may be more stringent if located adjacent to a wetland or stream bank. Refer to the City of Foley Ordinances Design and Construction Manual for wetland and stream bank buffer requirements.
DESIGN REQUIREMENTS
A. Refer to the Tree and Natural Feature Preservation and Restoration City Ordinances for recommended tree plantings and planting requirements. Native vegetation is highly recommended for buffer plantings.
LANDSCAPING REQUIREMENTS
E. Stormwater management and drainage controls required by the City Engineering Department shall be coordinated with landscaping improvements and integrated into the overall site design.
SITE PLAN CONTENTS
G. The site plan shall be of a scale not to be greater than one (1) inch equals twenty (20) feet nor less than one (1) inch equals one hundred (100) feet and of such accuracy that one can readily interpret the site plan, and shall include more than one drawing where required for clarity.
REGULATIONS APPLYING TO ALL DISTRICTS
USES PROHIBITED
A. On-street and off-street parking of commercial motor vehicles motorized vehicles in excess of 10,000 pounds and/or with more than six (6) wheels is prohibited in all residential zoning districts and in all residential areas of mixed use districts. These vehicles are defined by the US Department of Transportation as having a gross weight rating of 10,001 or more pounds; is designed to transport 15 or more passengers including the driver; or is used in the transportation of materials found to be hazardous materials.
R-1D RESIDENTIAL SINGLE FAMILY
Maximum Density per Acre 7 5.0
R-2 RESIDENTIAL SINGLE FAMILY AND DUPLEX
Maximum Density Per Acre 6.0 4.0
R-4 RESIDENTIAL SINGLE FAMILY AND DUPLEX
Maximum Density 6.0 4.0
GPH-1 RESIDENTIAL GARDEN PATIO HOMES
Maximum Density Per Acre 9.0 8.0
GARDEN PATIO HOMES
C. Each patio home lot shall have side yards totaling a minimum of ten (10) feet or meet Building/Fire Codes. Minimum depth of rear yard shall be fifteen (15) feet. Fireplace and chimney may be placed in the side or rear yard setback provided they do not project beyond the thirty (30) inch permitted roof overhang and provided they do not restrict or obstruct any drainage or drainage easement, either existing or proposed.
M. No accessory structures shall be erected in a required front, side, street side yard, or open space. Accessory structures shall be permitted in the rear yard and shall not exceed one and one half (1 ½) stories story in height; and shall not cover more than twenty-five (25) percent of the required rear yard.; and may be permitted a zero (0) foot setback from the rear yard, and side property lines, and five (5) feet from any other structure on the same lot. These requirements shall not apply to unattached open carports and garages.
N. Unattached garages and carports shall be permitted in addition to the twenty-five (25) percent coverage for accessory structures, but shall not exceed six hundred (600) square feet in area; and shall not be placed in any required front, side or street side yard or open space; and shall not exceed one and one half (1 ½) stories in height; and may be permitted a zero (0) setback from the rear and side property lines, and five (5) feet from any other structure on the same lot.
TH-1 RESIDENTIAL TOWNHOUSE
Minimum Depth of Rear Yard None 15 feet
E. Each townhouse shall be constructed on its own lot. Townhouses constructed in condominium developments may be exempted from this requirement by the Zoning Board of Adjustment and Appeals.
G. Each townhouse shall have on its own lot, one yard containing not less than four hundred (400) square feet, reasonably secluded from view from streets or from neighboring property. In condominium townhouse developments not subdivided into individual lots, one (1) yard containing not less than four hundred (400) square feet, reasonably secluded from view from streets or from neighboring property, shall be provided contiguous to, and for the private use of, the occupants of each dwelling unit.
I. In townhouse developments with a total area greater than five (5) acres at least twenty (20) percent of the total area shall be devoted to common open space, exclusive of parking areas, or accessory buildings, or required drainage. Such common open areas may include recreational facilities. Provisions satisfactory to the City Council and approved by the City Attorney shall be made to assure that common open areas for the use and enjoyment of occupants of townhouses shall be maintained in a satisfactory manner without expense to the general taxpayer. In addition, the developer of a townhouse development or homeowners association created by the developer by recorded covenants and restrictions, shall preserve for the owners and occupants of the development such lands set aside for open areas, parks, or recreational use, and the common off-street parking spaces established for the development.
MOBILE/MANUFACTURED DWELLINGS
4. A preliminary drainage plan for the park reviewed by the City
Engineering Department.
5. Location and dimension of all buffers, office structures, recreational areas, and open spaces and other required accessory structures.
6. A traffic analysis, if required by other City of Foley Ordinances.
DEVELOPMENT STANDARDS
C. Required Open Space:
1. Each mobile/manufactured dwellings park shall provide land for open space which may be used for recreational purposes, but which may not be used for parking or for accessory structures. Such open space shall total at least thirteen fifteen percent (13% 15%) of the gross land area of the park. This requirement does not apply to mobile/manufactured dwellings subdivisions.
2. Mobile/manufactured dwellings subdivisions greater than five (5) acres in total area shall include, at a minimum, open space equal to ten percent (10%) of the total area. Such open space may be used for recreational purposes, but may not be used for parking or accessory structures. Provision shall be made, by covenant or other means satisfactory to the City Attorney, to ensure that such open space shall be preserved and maintained for the use of the residents of the subdivision, without expense to the City of Foley.
D. Additional Requirements:
2. All mobile/manufactured dwellings parks must be divided into lots. Regulations governing lot sizes and spacing requirements are contained in Article VII of this Ordinance.
E. Traffic and Circulation:
1. Access to the park or subdivision shall not require intensive use of minor, established residential streets.
F. Single Mobile/manufactured dwellings:
Where single mobile/manufactured dwellings are permitted by the Zoning Board of Adjustment and Appeals in A-0 Districts, they shall be subject to the following regulations:
4. The Board of Adjustment and Appeals shall add such additional requirements in individual cases as may be deemed by the Board to be appropriate for the health, safety and welfare of the public.
B-1A EXTENDED BUSINESS DISTRICT
Maximum Residential Density per Acre 20 units
Off-Street Parking (commercial): ½ space for each 200 sq. ft floor space See Article ???
1 space for each 400 sq.ft. of habitable floor space
B-2 NEIGHBORHOOD BUSINESS DISTRICT
Maximum Residential Density per Acre 11 units
Off-Street Parking (commercial): ½ space for each 200 sq. ft floor space See Article ???
1 space for each 400 sq.ft. of habitable floor space
B-3 LOCAL BUSINESS DISTRICT
Maximum Residential Density per Acre 11 units
Off-Street Parking (commercial): ½ space for each 200 sq. ft floor space See Article ???
1 space for each 400 sq.ft. of habitable floor space
PO - PREFERRED OFFICE DISTRICT
Off-Street Parking (commercial): ½ space for each 200 sq. ft floor space
1 space for each 400 sq.ft. of habitable floor space
M1 - LIGHT INDUSTRIAL DISTRICT
A. Uses/Structures Permitted: Buildings used for the operation of light indus-trial, fabricating, processing, assembling and manufacturing, bottling and distribution plants, woodworking shops, cabinet shops, contractor or build-ing material yards, highway maintenance yards and buildings, laundry and dry cleaning plants and printing establishments; wholesale sales.
PID - PLANNED INDUSTRIAL DISTRICT
B. Approval: Subject to the approval of the City Council after a review and report by the Planning Commission and after a public hearing is held, as required for all rezoning applications
PUD - PLANNED UNIT DEVELOPMENT REQUIREMENTS
SUBMISSION REQUIREMENTS
7. The engineering feasibility and proposed method of providing required improvements such as streets, water supply, and storm drainage and sewage collection in preparation for submitting the requirements for preliminary plat approval as set forth in the City's Subdivision Regulations.
8. The substance of covenants, grants or easements or other restrictions proposed to be imposed upon the use of the land, buildings and structures including proposed easements or grants for public utilities.
REVIEW PROCEDURE
An application for a development plan of a planned unit development shall be filed with the Community Development Director. Upon receipt of said application, the Community Development Director shall review said application to determine its appropriateness and completeness and accept or reject the application. Upon acceptance of the application, the City's administrative staff shall review said application and submit the application, together with all supporting documentation and their recommendations thereof to the Planning Commission. The Planning Commission shall report on recommendations to the City Council. Once the property has been zoned PUD, and the final plan has been completed, a site plan review must be submitted to the Community Development Director. The final plan must include at a minimum the site plan contents listed in the City of Foley Zoning Ordinance, Section 4.6.1. All permit applications required by the City of Foley Engineering Department and all criteria required by the Community Development Department must be submitted and approved prior to site plan submittal. Once a final plan has been reviewed and approved by staff, it will be placed on the next Planning Commission meeting for their review.
PDD - PLANNED DEVELOPMENT DISTRICT
Maximum Residential Density per Acre 30 Units
Off-Street Parking (Residential) 1 space for each 400 sq.ft. of habitable floor space
A. There shall be a minimum of at least fifteen percent (15%) open space in a PDD exclusive of all drives, walkways, and parking areas and required drainage. If the plan or any part thereof constitutes a subdivision, the land shall be subject to the requirements of the City’s Subdivision Regulations. Access roads and drainage infrastructure, water, sewer, electricity, telephone and other utilities shall be provided to serve the development at the completion of construction of each development phase. Performance bonds may not be posted for drainage and sewer work.
SIGN REGULATIONS
Location of Signs and Visibility All signs shall be on premise, except as permitted specifically within the this Ordinance or other City ordinances. No signs shall be erected in public right-of-way or on public sidewalks. No roof top signs shall be permitted. Signs may not be located within the vision clearance areas, the triangular shaped areas located at the intersection of any combination of streets, alleys or driveways. Nothing may be erected, placed planted or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection. The sides of the triangle extend from the intersection of the pavement or other vehicle travel areas. Signs must be located to provide unobstructed visibility and shall not be located between the heights of two and one-half (2 1/2) feet and ten (10) feet from grade within this area. Structures and supports must have a combined total width of 12 inches or less and the combined total depth of 12 inches or less.
B. Electric Illuminated signs are expressly prohibited in the residential zones of the City, except for Neighborhood/Subdivision Identification signs and Bed and Breakfast signs.
SIGNS PERMITTED WITHIN PO DISTRICT AND OFFICE AREAS OF A PUD OR PDD
1. Such signs shall not exceed twenty (20) thirty-two (32) square feet in area, or five (5) feet in height.
SIGNS PERMITTED WITHIN COMMERCIAL AND INDUSTRIAL DISTRICTS
B. Signs shall not be permitted in public easements and public rights-of-way unless otherwise allowed by ordinance.
E. Parking Lots may have a sign for identification of the use provided it complies with the following requirements:
1. Such signs shall not exceed twenty (20) thirty-two (32) square feet in area, or five (5) feet in height.
2. Such signs may be illuminated by a non-oscillating, concealed light source, but illumination by any spotlight or floodlight shall be prohibited.
ELECTRONIC CHANGEABLE COPY SIGNS
DETACHED FREESTANDING
D. Duration: Electronic changeable copy signs shall change no more than one (1) time per thirty (30) ten (10) seconds.
F. Area: The area of the electronic changeable copy sign may comprise no more than forty fifty percent (40 50%) of the surface area of the allowable detached sign of which it is a part. Neither shall any portion of the electronic changeable copy sign project above the height of the permanent detached signage. Electronic changeable copy signs are secondary to the permanent non-changeable portions of the sign and should be designated in this regard.
H. Brightness: The sign must have a light sensing/dimming device to control the maximum light intensity. The sign should be dimmed down 90% to a minimum 10% brightness at night.
K. Setback from Residential: The leading edge of an electronic changeable copy sign located in any district must be a minimum distance of one hundred (100) feet from an abutting occupied single-family residential district boundary. N. Color: Text message should be composed of one (1) color with the background composed of one (1) color. Pictures, logos, images, graphics, and symbols may be displayed from one color to full color.
ATTACHED FLAT SIGNS
B. Such signs may not exceed twenty thirty-two (20 32) square feet in area and will be counted toward the calculation for maximum signage for the building.
HISTORIC OVERLAY DISTRICT
REGULATIONS AND CRITERIA
A. All new construction and all alterations and demolition to existing structures and buildings and any material changes in the exterior appearance of a property, building, structure, site, object or work of art within the Historic District Overlay Boundaries, in addition to compliance with the above district requirements (as set forth in the underlying zoning district), shall comply fully with the requirements of Ordinance No. 1039-08, as amended in Ordinance No. 1060-08, and any amendments thereto and other adopted ordinances.
FOLEY ZONING MAP
The Foley Zoning Map shall be amended as set forth on Exhibit A, attached hereto and incorporated herein by this reference. The Foley Zoning Map and shall reflect the designation of the Historic District Overlay according to the Historic District Overlay Boundaries and the letter H added as a suffix to the underlying zoning district(s).
FOLEY BEACH EXPRESS OVERLAY DISTRICT (FBEOD)
SITE LAYOUT
I. The site plan shall be of a scale not to be greater than one (1) inch equals twenty (20) feet nor less than one (1) inch equals one hundred (100) feet and of such accuracy that one can readily interpret the site plan, and shall include more than one drawing where required for clarity.