Title
(First Reading) ORDINANCE AMENDING THE CITY OF FOLEY ZONING ORDINANCE
Summary
DESCRIPTION OF TOPIC: (who, what, when, where, why, and how much): This ordinance amends the City of Foley Zoning Ordinance by updating regulations related to bed and breakfast signage, temporary signs, commercial and residential signage, murals, electronic signs, and special event displays. The amendments add definitions for items such as feather flags and sandwich board signs, establish standards for temporary and directional signage, clarify permit requirements, and revise sign regulations within the Foley Medical Overlay District. The changes are intended to improve public safety, traffic visibility, aesthetic standards, and consistent enforcement of sign regulations throughout the city.
Budgetary Impact: N/A
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:
Section: 1:
ARTICLE XII - BED & BREAKFAST REQUIREMENTS
12.1.1 BED AND BREAKFAST REQUIREMENT Bed and Breakfast use which shall not exceed four (4) square feet in sign face area.
ARTICLE XXII - SIGN REGULATIONS
22.01 PURPOSE
Signs are an important visual communication tool that benefits our community and its citizens. The City has determined that signs may be unduly distracting to motorists and pedestrians, and thereby create a traffic hazard and reduce the effectiveness of signs needed to direct the public and therefore regulations are necessary. This sign ordinance is adopted under the zoning authority of the City in furtherance of the more general purposes set forth in the Zoning Ordinance. In the interest of furthering the purpose of this Zoning Ordinance, these sign regulations are herein established to provide for the use, location, and size of signs in a manner that ensures that signs are in harmony with the character of the associated use and surrounding area. More specifically, the purposes of these regulations are to:
- To encourage the effective use of signs as a means of communication;
- To maintain and enhance the aesthetic environment and the City's ability to attract sources of economic development and growth;
- To minimize the possible adverse effect of signs on nearby public and private property and maintain attractive, high value residential, commercial and industrial areas;
- Control the size, location, and general design so that signs will be aesthetically harmonious and in context with the area in which they are located;
- Eliminate any conflict that would be hazardous between signs and traffic control signs and traffic control devices; Ensure that signs are located and designed to maintain a safe and orderly pedestrian and vehicular environment;
- To allow a sign containing noncommercial speech to be displayed anywhere that an advertising or business sign is permitted, subject to the same dimensional, locational, and operational regulations otherwise applicable to such sign; and
- To enable the fair and consistent enforcement of these sign restrictions.
22.02 OBJECTIVES
The objectives of this article are to create a set of guidelines that will result in signs that are an asset to the aesthetic appeal of the community, that are restrained in character, are no larger than necessary for adequate identification and advertising, and are of such design as is consistent with the high graphic standards.
Sign eligibility, sign permit status, and applicable standards shall be governed solely by the following objective criteria, with no regard for the topic or viewpoint of displayed message:
1. Safety and functionality;
2. Location;
3. Size, form, and height limitations; and
4. Illumination standards
22.03 DEFINITIONS
Abandoned: A permitted sign erected in conjunction with a use that has been discontinued for thirty (30) days or more, or a permitted temporary sign with an expired permit.
REMOVED Campaign:
Feather Flag/Feather Banner: a portable, vertical advertising banner made of printed fabric attached to a flexible pole, designed to resemble a bird feather and used to draw attention to an event or business.
Flag: Any rectangular fabric banner up to 4 ft x 6 ft that does not contain copy and is displayed on a halyard or staff.
Incidental: A sign of such minimal size and located in such a manner as to be only visible to pedestrian or vehicular traffic while located on the premises. No sign legible from a position off the zoned lot on which the sign is located shall be considered incidental.
Mural: A decoration or artwork painted on the exterior wall of a building portions of which may be classified as a sign when it contains lettering, trade emblems or logos.
Painted Wall Sign: A sign that is not a mural, but which is painted directly on the surface of a structure.
REMOVED Political:
Sandwich Board Sign: A portable, two sided, A-frame sign not secured or attached to the ground or any building or structure, and often placed on sidewalks for pedestrian advertisement.
22.1 - GENERAL PROVISIONS
F. SIGN TYPES
1. DETACHED / FREESTANDING SIGNS - Any sign supported by structures or supports that are placed on, or anchored in, the ground and that are independent from any building or other
structure.
a. Monument Signs - A sign mounted to the ground and designed with a continuous structural element of approximately the same dimension from the ground to the top of the sign.
b. Pole/Pylon Signs - Any sign supported by a pole, or poles, and otherwise separated from the ground by air.
c. Multi-tenant Locator Signs - A single ground sign which identifies multiple businesses which are all tenants in a single structure, shopping center or complex. 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.
d. Incidental/Directional Signs - A sign of such minimal size and located in such a manner as to be only visible to pedestrian or vehicular traffic while located on the premises. No sign legible from a position off the zoned lot on which the sign is located shall be considered incidental.
2. ATTACHED SIGNS
f. Mural Signs - A decoration or artwork painted on the exterior wall of a building is classified as a “Mural sign” when it contains lettering, trade emblems or logos. When such items are incorporated, the sign specifications shall be as follows:
1. Lettering, emblems and logos shall be localized and the area measured in accordance with Section 22.1 E.3.b, and will count toward the total allowed wall sign for the business upon which it is located.
g. Painted Wall Signs - A sign that is not a mural, but which is painted directly on the surface of a structure. These signs count toward the total allowed wall signage for a business.
h. Window Signs - 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 right-of-way. Window signs count toward the total allowed wall signage for a business, and in no case shall cover more than 50% of a structure's ground floor transparency.
22.2 - PROHIBITED SIGNS
l. Sidewalk signs, with the exception of Sandwich Boards as described in 22.3.D.
22.3 - TEMPORARY SIGNS
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 EXEMPT PERMIT SIGNS.
A. Temporary signs shall not be illuminated.
B. Temporary Event Signs are allowed to advertise for a period of 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.
C. New businesses in the City are allowed to advertise with a single sign for a period of (3) three weeks provided that:
1. The sign is non-electric.
2. The sign face must not exceed thirty-two (32) square feet.
3. The sign is located on premises and is not located in the public right-of-way nor pose a traffic hazard (see 22.1.D - Visibility).
D. Sandwich board signs are permitted in all commercially zoned districts for businesses legally operating on the premises where the sign is displayed, provided that:
1. A maximum of one sandwich board sign shall be permitted per business establishment.
2. The maximum sign face area shall not exceed six (6) square feet, with two (2) faces per sign.
3. The maximum sign height shall not exceed four (4) feet.
4. Signs may only be displayed during business operating hours, placed outdoors at the commencement of business, and removed at the close of business each day.
5. The sign shall be situated on the same lot as the business it advertises.
6. To ensure durability, stability, and quality appearance, acceptable construction materials shall include molded plastic, aluminum, or wood.
7. Flashing, moving, illuminated, inflatable, or other similar attention-getting features are strictly prohibited.
8. The sign shall not obstruct pedestrian circulation, accessible routes, building entrances, curb ramps, parking spaces, fire lanes, loading areas, or any other required areas of safe ingress and egress.
9. Placement shall not encroach upon the required sight visibility triangles at intersections, driveways, entrances, or exits. They shall not be located in or overhanging the public right-of-way
10. The sign must be maintained in good condition and shall be removed if damaged, deteriorated, or determined to be unsafe. Non-compliant or unsafe signs are subject to removal at the discretion of the City.
E. Off-premise Temporary Directional Signs are allowed provided that:
1. No more than two (2) temporary directional signs are utilized per event.
2. The signs must be non-electric.
3. Each sign face may not exceed four (4) square feet.
4. They should be placed no more than one (1) day prior to and removed within one (1) day post event.
5. Each sign must have placement permission from the property owner.
6. They shall not be located in or overhanging the public right-of-way nor pose a traffic hazard (see 22.1.D - Visibility).
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
One (1) real estate "For Sale" or "For Rent" sign for commercially zoned properties is allowed for properties with up to 500 linear feet of frontage. An additional sign is allowed for each additional 500 feet of frontage.
a. Must be located entirely within the property.
b. Must not exceed thirty-two (32) square feet of copy area per sign.
c. 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(s) is present.
G. Temporary Yard Signs on Private Property are exempt provided that:
1. 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. 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.
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”) with a maximum size of 4 ft x 6 ft that do not contain copy 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.
22.4 - SPECIAL EVENT SIGNAGE / DISPLAYS
A. Temporary special use or event signs and displays are allowed but only under the following conditions and requirements:
Special event signage and displays require an Exempt Permit (no fee required) found in the City’s online permitting system under Planning & Zoning - Special Event Signs/Displays prior to the erection and placement of any such temporary sign or display.
22.5 - SIGNS REQUIRING A PERMIT
A. RESIDENTIAL SIGNAGE
1. The following Zones are considered “residential” for the purposes of these sign regulations: R-1R, R-1A. R-1B, R-1C, R-1D, R-2, R-3, R-4, GPH-1, TH-1, MH-1, RV Park, and residential areas of a PUD, PDD, or AO
See EXHIBIT A - Allowed Residential Signage
C. COMMERCIAL/INDUSTRIAL SIGNAGE
2. Painted Murals on the sides of buildings are allowed and are not considered to be a sign unless copy or a logo is included. When copy or a logo is included, the sign face area will be measured as described in this ordinance, Section 22.1 E.3.b, and will count toward the total allowed wall sign for the business upon which it is located.
E. OTHER SIGNAGE
See EXHIBIT B - Other Allowed Signage
22.6 - ELECTRONIC SIGN REGULATIONS
Electronic changeable copy (ECC) signs may be permitted as a detached freestanding or attached flat sign as follows:
E. May not display messages that do not pertain to business conducted on the premises on which the sign is located, unless otherwise exempted.
25.5 “FOLEY MEDICAL OVERLAY DISTRICT (FMOD)”
E. Site Plan Requirements.
8. Signage. Limited to ground and wall signs only. Low-profile ground signs shall not exceed six feet in height and 36 square feet per side with a maximum of two sides for single tenant structures, or eight feet in height and 64 square feet per side with a maximum of two sides for multi-tenant structures or when included in a planned development’s master signage plan. When multiple buildings are proposed, a consistent wayfinding system is encouraged.
Section 2: “The terms and provisions of this ordinance are severable. If any part or portion of this ordinance is declared invalid, void, or unconstitutional, that portion shall be deemed severed, and the remaining portions of the ordinance shall remain in full force and effect.”
Section 3: All ordinances or parts of ordinances, in any manner conflicting, herewith are hereby repealed.
Section 4: This ordinance shall become effective upon its publication as required by law.