A.

Off-street automobile parking spaces shall be provided with vehicular access to a street or alley, and shall be equal to at least the minimum requirements for the specific land use as herein provided. Excessive overparking (Great than twenty percent (>20%) of required) should be avoided when possible or justified through appropriate site-use comparisons using the ITE Parking Generation Manual.

B.

The required number of parking spaces for any number of separate uses may be combined in one (1) lot, but the required space assigned to one (1) use may not be assigned to another use at the same time, except that portion of the parking space required for an existing church whose peak attendance will be at night or on Sundays may be assigned to a use which will be closed at night or on Sundays.

C.

These standards shall not apply to B1, Central Business District, where on-street parking is provided with the exception of new churches being constructed which would adhere to the regulations.

D.

Parking Schedule:

Where calculations provide a partial space, the parking count shall be rounded up to the closest whole number.

1.

One, two, and multi-family dwellings; manufactured housing park - two (2) spaces for each dwelling unit.

2.

Hotels, motels, and tourist homes - one and one tenths (1.1) spaces for each guest bedroom.

3.

Churches, auditoriums, stadiums, ball fields, civic centers and similar uses - one (1) parking space for each four (4) seats.

4.

Schools - Elementary or middle school - two and one-half (2.5) spaces per classroom. High school - seven (7) spaces per classroom.

5.

Hospitals, nursing homes, homes for aged and similar uses - one (1) space for each four (4) beds.

6.

Industrial / Manufacturing - one (1) space for each five hundred (500) sq ft of gross floor area (except PID for which parking is specified in section 19.2.D)

7.

Warehouses - one (1) space for each three thousand (3,000) sq. ft. of gross floor area.

8.

Self Storage/Open Storage Facilities - two (2) for office + one (1) space per twenty-five (25) storage cubicles/spaces.

9.

Restaurants - one (1) space for each four (4) seats.

10.

Accessory Dwelling Units - one (1) space for each unit.

11.

Any use not specified by this Ordinance shall require one (1) parking space for each four hundred (400) sq. ft. of gross floor area in the building.

E.

Parking space and aisle size requirements:

1.

Perpendicular spaces - Ten (10) feet wide by twenty (20) feet long.

2.

Herringbone/Angle spaces - Nine (9) feet wide by twenty (20) feet long.

3.

One-way traffic parking lot aisle width - Twenty (20) feet minimum.

4.

Two-way traffic parking lot aisle width - Twenty-five (25) feet minimum.

F.

Legal non-conforming off-street parking facilities may continue until they are expanded by more than five (5) percent of the existing parking capacity at which time the entire parking area must be brought into conformity with all aspects of this Ordinance.

G.

The owner, tenant, agent of either, and any other person in charge of premises shall be jointly and severally responsible for the compliance with the parking sections of the ordinance as well as the maintenance of all landscaping, landscaped areas and incidentals as required by this Ordinance. All trees and other plant material shall be kept in a healthy, living state and grounds shall be kept free of rubbish, refuse, and debris. Grass and shrubbery shall be kept neatly trimmed in accordance with applicable municipal ordinance.

Any use not specified by this Ordinance shall require one (1) parking space for each four hundred (400) square feet of gross floor area in the building.

10.1.1

Use and Maintenance of Parking Lots (Non-Residential).

Off-street parking for non-residential uses:

A.

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

B.

Shall not be used for the parking or storage of automobile trailers, boat trailers, non-motorized recreational vehicles and similar vehicles.

C.

Shall be graded for proper drainage and provided with a surface maintained at all times in such manner as to prevent the release of dust and to be free of dust, trash and debris.

D.

Shall be provided with entrances and exits so located as to minimize traffic congestion.

E.

Shall be lighted in such a manner that they neither unreasonably disturb occupants of adjacent residential properties, nor interfere with traffic yet adequately light the parking area, entrances and exits.

F.

May not have more than one (1) attendant shelter building which shall conform to all setback requirements for structures in the district, and which shelter building shall contain not more than fifty (50) square feet of gross floor area.

G.

May have a sign for identification of the use, provided it complies with the following requirements:

1.

Such sign shall not exceed twenty (20) square feet in area, or five (5) feet in height.

2.

Such sign may be illuminated by a non-oscillating, concealed light source, but illumination by any spotlight or floodlight shall be prohibited.

10.1.2

Residential Lots That May Be Used for Off-Street Parking.

The Board of Adjustment and Appeals may allow property zoned for residential use to be used by an abutting non-residential enterprise for off street parking if the Board determines that the residential property will not be substantially or permanently injured and that the neighboring residential area will not be adversely affected by the use of the residential lot for parking. The owner or occupant of the land on which the non-residential enterprise is conducted must own the residential lot; no fee may be charged for parking on the residential lot; and the residential lot may not be used for off-street loading. The abutting lots may be separated by a street or alley. The Board may require certain conditions and safeguards for the adequate protection of the adjoining property and subject property.

10.1.3

Off-Street Loading.

On the same lot with every structure or use hereafter erected or created, there shall be provided and maintained space for loading and unloading of materials, goods, or things, and for delivery and shipping, so that vehicles for these services may use this space without encroaching on or interfering with the public use of streets and alleys by pedestrians and vehicles.

A.

Where any structure is enlarged, or any use is extended so that the size of the resulting occupancy comes within the scope of this section, the full amount of off-street loading space shall be supplied and maintained for the structure or use in its enlarged or extended size. Where the use of a structure or land or any part thereof is changed to a use requiring off-street loading space the full amount of off-street loading space shall be supplied and maintained to comply with this Ordinance.

B.

For the purpose of this section, an off-street loading space shall be an area of at least twelve (12) feet wide by forty-five (45) feet long with fourteen and one-half (14½) foot vertical clearance. Each off-street loading space shall be accessible from a street or alley, and arranged for convenience and safe ingress and egress by motor truck and/or trailer combination.

C.

Off-street loading facilities supplied to meet the needs of one (1) use shall not be considered as meeting the off-street loading needs of any other use.

D.

No area or facility designated, designed or used to satisfy the off-street parking requirements of this Ordinance shall be used or counted towards the off-street loading requirements of this Ordinance.

E.

Nothing in this section shall prevent one (1) off-street loading zone to be used by more than one (1) business, building, use or entity provided that the off-street loading facility is:

1.

At least equal to the combined size and capacity requirements of all the several businesses, buildings, uses or entities who share the off-street loading facility;

2.

Located on the same lot as all the businesses, buildings, uses and entities; and

3.

Located and arranged so that it is capable of being conveniently used by all the users of the facility.

F.

Plans for buildings or uses requiring off-street loading facilities under the provisions of this article shall clearly indicate the location, dimensions, clearance, and access of all such required off-street loading facilities.

G.

Off-street loading space shall be provided and maintained in accordance with the following schedule:

1.

For each retail store, warehouse, wholesale establishment, industrial plant, factory, freight terminal, market, restaurant, mortuary, laundry, dry cleaning establishment, or similar use which has an aggregate floor area of:

a.

Less than ten thousand (10,000) square feet: zero (0) spaces.

b.

Ten thousand (10,000) square feet or more, but less than twenty-five thousand (25,000) square feet: one (1) space.

c.

Twenty-five thousand (25,000) square feet or more, but less than sixty thousand (60,000) square feet: two (2) spaces.

d.

Sixty thousand (60,000) square feet or more, but less than one hundred twenty thousand (120,000) square feet: three (3) spaces.

e.

One hundred twenty thousand (120,000) square feet or more, but less than two hundred thousand (200,000) square feet: four (4) spaces.

f.

Two hundred thousand (200,000) square feet or more, but less than two hundred ninety thousand (290,000) square feet: five (5) spaces.

g.

Two hundred ninety thousand (290,000) square feet or more: five (5) spaces plus an additional space for each additional ninety thousand (90,000) square feet over two hundred ninety thousand (290,000) or any portion thereof.

2.

For each auditorium, convention hall, exhibition hall, museum, hotel, office building, sports arena, stadium, hospital, or similar use which has an aggregate gross floor area of:

a.

Less than ten thousand (10,000) square feet: zero (0) spaces.

b.

Ten thousand (10,000) square feet or more, but less than forty thousand (40,000) square feet: one (1) space.

c.

Forty thousand (40,000) square feet or more: one (1) space plus an additional space for each sixty thousand (60,000) square feet over forty thousand (40,000) square feet or any portion thereof.

3.

For any use not specifically mentioned in this section, the requirements for off-street loading for a use which is mentioned, and to which the unmentioned use is similar, shall apply, in the determination of the Planning Director.

(Ord. No. 19-2006, 3-4-19; Ord. No. 19-2025, 10-7-19; Ord. No. 20-2012, 6-1-20; Ord. No. 20-2019, 10-5-20; Ord. No. 24-2021, § 1, 7-1-24; Ord. No. 25-2013, 5-5-25; Ord. No. 25-2041, 11-3-25; Ord. No. 25-2042, 12-1-25)

Buffers shall be provided in accordance with the location and size requirements of Table 10.2.1 and Table 10.5.G.9.a and as described in this section. In cases where buffers are required or deemed necessary for the protection and/or separation of uses on abutting lots, the following provisions shall constitute the minimum requirements for each unless otherwise specified by the reviewing authority in individual cases. For the purposes of this section, "fences" and "walls" shall have the same meaning, but shall not include the term "retaining wall".

A.

General Buffer/Screening Requirements.

1.

Buffers are in addition to any required street trees, parking lot landscaping, Greenbelt Zones, and other City requirements.

2.

One hundred (100) percent of the applicable buffer requirements shall be the responsibility of the developing land use, except when the new use is developed abutting an existing more intensive use developed prior to the adoption of these standards and for which no buffer is in place. In this case, the new use shall be responsible for providing a minimum of fifty (50) percent of the required buffer.

3.

Whenever the proposed use abuts an existing use on a property that is designated for another use within the Comprehensive Plan's Place Type Map, the approving authority may modify the required buffer in accordance with the projected use.

4.

Whenever the proposed use abuts an existing use in a district in which such neighboring use is nonconforming, the approving authority may modify the required buffer in accordance with the type(s) of use permitted by the nonconforming use's zoning classification or projected by the Comprehensive Plan's Place Type Map, whichever is less.

5.

Whenever the proposed use abuts a vacant property, the buffer required shall be based on the zoning of the abutting property or the use projected by the Comprehensive Plan's Place Type Map, whichever is less.

6.

If the use relationships between two (2) abutting lots change so that a lesser buffer would be required, the width of the buffer may be reduced accordingly.

7.

Stormwater handling areas; golf courses, playfields, stables, swimming pools, tennis courts and other recreational facilities; parking and other vehicular use areas; buildings, dumpsters, and outdoor storage are prohibited in required buffers.

8.

Where desirable and upon receipt of a written agreement between the affected property owners, a pedestrian access way is encouraged as part of a required buffer, to allow access to and from compatible abutting uses.

9.

Buffer requirements may be more stringent if located adjacent to a wetland or stream bank. Refer to City of Foley Land Development Ordinance for wetland and stream bank buffer requirements.

10.

Screening, and/or landscaping as appropriate, is required to shield the view of equipment from the street.

a.

Rooftop mounted HVAC (or similar) equipment should be placed behind parapet walls or other methods of screening to minimize unsightly rooflines.

b.

Ground equipment (HVAC units, electrical panels, etc) should be shielded from view and placed behind screening, walls, and/or landscaping whenever possible.

c.

Dumpsters. While coordination with the Commercial Sanitation Department is required to assure location provides for accessible pickup, dumpster enclosures should not be planned adjacent to external streets unless there are no other alternatives acceptable to the City. Where no other location is available, landscaping shall be used in conjunction with the enclosure to minimize visibility. Complimentary materials and colors for the enclosure should be utilized to further blend into the site.

B.

Buffer Reductions and Exemptions.

1.

Adjacent to a Park or Greenway. Any required buffer abutting an existing or proposed park or greenway plan location shall be waived in its entirety, if the property owner dedicated that land to be set aside for the required full buffer width to the City for incorporation into the park or greenway. Such land dedication shall be deemed acceptable only upon approval of the Mayor and City Council.

2.

Fences/Walls and Berms. In accordance with the following standards, the width and planting quantities of a required buffer may be reduced by up to fifty (50) percent if a wall together with landscaping is used or up to twenty-five (25) percent if a berm together with landscaping is used:

a.

Any wall shall be constructed in a durable fashion of brick, stone, other masonry materials, wood posts and planks, or metal or other materials specifically designed as fencing materials, or any combination thereof, as may be approved by the reviewing authority. No more than twenty-five (25) percent of the wall surface shall be left open, and the finished side of the wall shall face the abutting property. Chain-link fencing with plastic, metal, or wooden slats or with fabric mesh shall not be permitted.

b.

Walls shall be a minimum of six (6) ft high and shall avoid a stockade appearance. This can be accomplished through any or a combination of the following methods:

•

Adding an evergreen hedge on the finished side of the wall;

•

Using supports of a different material;

•

By undulating the plane of the wall.

c.

Walls over one hundred (100) linear feet shall have no more than fifty (50) percent of their length in a straight line, unless the entire wall is set back five (5) ft or more from the lot line, with evergreen planting provided within such setback.

d.

Berms shall be a minimum of four (4) ft in height with a maximum slope of three to one (3:1). Berms in excess of six (6) ft in height shall have a maximum slope of four to one (4:1) as measured from the exterior lot line. Berms shall be landscaped and stabilized to prevent erosion.

Table 10.2.1 Buffer Type by Developing Use*

* Use Table 10.5.G.9.a for Landscape requirements by buffer type.

(Ord. No. 19-2006, 3-4-19; Ord. No. 25-2042, 12-1-25)

A.

Purpose and Intent: The purpose of this regulation is to minimize light pollution, glare, and light trespass by establishing guidelines for exterior lighting applications. These regulations aim to ensure that outdoor lighting enhances safety and visibility while minimizing adverse impacts on the night sky and neighboring properties.

B.

Application Requirements:

1.

Exterior lighting plans are required for all projects other than single family residential. An exterior lighting plan, including a photometric plan (which covers the parcel which is the site of the building or project in question), appropriate pole, fixture, and lamp cut sheets, and descriptions of lenses and appropriate data tables, shall be submitted for review during the site plan approval process.

2.

All applications for exterior lighting installations must include the following:

a.

Photometric Plans: A detailed photometric plan covering the entire site must be submitted. The plan should demonstrate the distribution of light and ensure compliance with the requirements outlined in this regulation. Photometric plans must be prepared by a licensed professional engineer or lighting designer.

b.

Fixture Specifications: Complete specifications for all lighting fixtures proposed for installation, including cut sheets, must be provided. This should include information on the fixture type, wattage, shielding, and any additional features designed to minimize light pollution, glare, or spill light.

c.

Mounting Heights: Proposed mounting heights for lighting fixtures should be specified, ensuring that fixtures are positioned to minimize upward light and glare.

d.

Control Measures: Applicants must outline any proposed control measures, such as timers, motion sensors, or dimmers, intended to minimize unnecessary or excessive lighting during non-operational hours.

C.

Photometric Performance Requirements:

1.

Light Distribution: Lighting fixtures must be selected and positioned to achieve uniform light distribution across the site, with emphasis on minimizing upward light and spill light onto adjacent properties.

2.

Cutoff Fixtures: All lighting fixtures must be cutoff fixtures, designed to limit upward light emissions and glare.

3.

Spill Light Control: Measures must be implemented to minimize spill light onto adjacent properties. This may include the use of shields, baffles, or other appropriate methods to direct light downward and confine it within the boundaries of the property.

D.

Illumination Levels:

1.

Maximum Intensity: The maximum illumination levels at the property line should not exceed 0.5 footcandles when adjacent to residential properties and 1.0 footcandles when adjacent to other uses. These levels should be maintained throughout the operational hours of the lighting system.

2.

Gradual Dimming: Lighting systems must incorporate gradual dimming controls to reduce illumination levels during non-operational hours, minimizing light pollution and unnecessary energy consumption.

E.

Prohibitions: The installation, retrofitting, or modification of wall pack lighting fixtures, as well as any similar fixtures attached to exterior walls and characterized by outward-facing design and emitting excessive glare and spill light, is strictly prohibited.

F.

Compliance and Enforcement:

1.

Inspections: Compliance with this regulation will be verified through site inspections conducted by authorized personnel.

2.

Penalties: Non-compliance with the requirements of this regulation may result in penalties, including fines and the requirement to modify or remove non-compliant lighting installations.

G.

Exemptions: While the following are exempt from certain provisions of this regulation but must still adhere to the principles of minimizing light pollution, glare, and light trespass to the greatest extent possible.

1.

Emergency lighting necessary for safety and security purposes is exempt from certain provisions of this regulation but must still adhere to the principles of minimizing light pollution, glare, and light trespass to the greatest extent possible.

2.

Exemptions from the provisions of this Ordinance are permitted when federal or state laws, rules, and regulations take precedence over these provisions.

3.

Public schools.

4.

Recreational sporting venues owned by the City.

H.

Applicability: This regulation applies to all new exterior lighting installations and modifications to existing installations within the City.

I.

Definitions:

1.

Photometric Plans: Detailed diagrams illustrating the distribution and intensity of light across a site, typically prepared by a licensed professional engineer or lighting designer. These plans provide critical information for assessing the performance of exterior lighting installations and ensuring compliance with regulatory standards.

2.

Footcandle (f.c.): A unit of illuminance measuring one (1) lumen per square foot.

3.

Control Measures: Strategies and mechanisms implemented to regulate the operation of lighting systems, including timers, motion sensors, dimmers, and other devices intended to minimize unnecessary or excessive lighting during non-operational hours.

4.

Light Distribution: The manner in which light is spread or dispersed across a given area, aiming to achieve uniform illumination while minimizing glare, hot spots, and uneven lighting. Proper light distribution is essential for optimizing visibility and safety in outdoor environments.

5.

Cutoff Fixtures: Outdoor lighting fixtures designed to limit the upward emission of light and control glare by utilizing shielding or other mechanisms to direct light downward. Cutoff fixtures help minimize light pollution and prevent unnecessary illumination of the night sky.

6.

Spill Light Control: Measures implemented to minimize the unintended projection of light beyond the boundaries of a property, reducing light trespass onto adjacent properties and minimizing the adverse effects of glare and excessive illumination.

7.

Maximum Intensity: The maximum allowable level of illumination at the property line, typically expressed in footcandles (fc). Maximum intensity standards help ensure that lighting installations do not produce excessive glare or spill light onto neighboring properties, contributing to a more visually comfortable and environmentally responsible outdoor lighting environment.

8.

Gradual Dimming: A feature of lighting systems that allows for the gradual reduction of illumination levels during non-operational hours. Gradual dimming controls help minimize light pollution, conserve energy, and promote responsible outdoor lighting practices by adjusting lighting levels to match changing environmental conditions and usage patterns.

9.

Emergency Lighting: Lighting systems designed to provide illumination during emergency situations, such as power outages or evacuations, to ensure the safety and security of occupants. While emergency lighting is exempt from certain provisions of exterior lighting regulations, it is still subject to requirements aimed at minimizing light pollution, glare, and light trespass.

10.

Wall pack lighting fixtures are defined as outdoor lighting fixtures designed to be attached directly to exterior walls, characterized by their outward-facing design and tendency to emit excessive glare and spill light.

(Ord. No. 24-2021, § 1, 7-1-24)

A.

Intent: The intent of this section aims to protect the community's health, safety, and welfare by establishing greenbelt zones in specific City areas.

Objectives:

1.

Promote a positive community image:

a.

Encourage quality development.

b.

Enhance property values.

c.

Promote orderly growth and aesthetic quality.

2.

Create a Safe, healthy, and natural environment:

a.

Protect and enhance vegetation for ecological health.

b.

Ensure a sustainable living environment.

c.

Provide safe travel experiences for pedestrians and drivers.

3.

Specific goals:

a.

Protection from Light Pollution: Minimize artificial lighting and glare in residential areas.

b.

Reduction of Noise Pollution: Implement natural and manmade sound barriers to reduce traffic and external noise.

c.

Enhancement of Visual Appeal: Develop diverse landscaping and greenbelts to improve residential areas and streetscapes.

d.

Safe Multi-Modal Travel System: Establish a safe multi-modal travel system on higher volume roads at specific city locations.

B.

Greenbelt Zone Requirements:

Location and Exceptions: Greenbelt zones, comprised of landscaping with trees, shrubs, and ground cover to effectively create a barrier, must be established along the frontage perimeter of proposed residential development sites that abut a collector or arterial roadway, as designated by the City of Foley Transportation Continuity Plan and its amendments (refer to Exhibit E, Functionally Classified Roads map).

In mixed-use developments, downtown areas, planned developments, employment centers, and village centers as provided in the comprehensive plan, greenbelt zones may not be required if the Planning Commission determines that the site plan adequately integrates uses, connectivity and aligns with the intent of this section and goals of the Zoning Ordinance and Comprehensive Plan.

The Planning Commission reserves the right to require greenbelt zones when deemed necessary to protect the health, safety, and welfare of the community.

1.

Minimum Greenbelt Zone Dimensions:

a.

A greenbelt zone of no less than twenty-five (25) feet in width shall be provided and maintained under common area ownership for subdivisions and by owner when controlled by a single entity, beginning at the edge of the right-of-way line on private property. When a masonry wall, fence, or berm is provided, the greenbelt width may be reduced to twenty (20) feet.

b.

This greenbelt zone shall be continuous, with the exception of curb cuts or entrance drives providing ingress and egress, or sidewalks or bike paths providing connectivity to the site.

c.

A vision clearance area must be maintained as provided in Illustrations (a.) and (b.) in Section 22.1.D.

d.

When a conflict occurs with any other regular or ordinance of the City, the more restrictive will prevail.

2.

Greenbelt Specifications:

a.

Minimum required screening shall consist of a natural greenbelt utilizing existing vegetation, a structural planted greenbelt, or a combination thereof, whichever provides an opaque visual screen to a height of six (6) feet, or any combination of existing and replanted vegetation that can reasonably be expected by the Planning Commission to create an opaque visual screen six (6) feet high within two (2) growing seasons. Understory trees may be required between larger canopy trees to create diversity in scale and counteract gaps in density caused by streetlights, utilities, or driveway separation requirements. The minimum number of trees must be maintained.

b.

Sidewalks, paths, lighting, and street furniture may be permitted as required by site conditions.

3.

Fencing, Walls, and Berms:

a.

Fencing or Walls:

i.

Any fence or wall used to satisfy these regulations must be positioned inside the greenbelt zone at the rear of the zone and maintained under common area ownership to ensure a consistent and aesthetic appearance in maintenance, style, materials, and color.

ii.

Walls shall be constructed using durable materials such as brick, stone, masonry, wood posts and planks, metal, or other approved fencing materials, or a combination thereof, as determined by the Planning Commission.

iii.

Chain-link fencing with plastic, metal, or wooden slats, or with fabric mesh is prohibited.

iv.

Walls must be a minimum of five (5) feet high and designed to avoid a repetitive monotonous appearance.

v.

Fences and walls exceeding one hundred (100) linear feet must incorporate at least two (2) of the following techniques to reduce visual monotony:

•

Changes in plane: Include a minimum one-foot depth offset for every fifty (50) feet of wall.

•

Changes in height: Integrate wall inserts, decorative columns, or pilasters every fifty (50) feet to provide architectural relief.

•

Changes in material and texture: Enhance aesthetic appeal by incorporating a mix of materials such as wood, metal, or stone with varied textures, like combining rough stone with smooth metal.

b.

Berms:

1.

Berms used to satisfy these regulations must be at least four (4) feet in height with a maximum slope of three to one (3:1). Berms exceeding six (6) feet in height shall have a maximum slope of four to one (4:1) measured from the exterior lot line. Berms should be landscaped and stabilized to prevent erosion.

2.

Tree Selection and Placement:

a.

Canopy trees: Must be planted at a spacing of thirty (30) feet apart to provide seasonal shading and visual appeal.

b.

Understory trees: Shall be planted in substitution for canopy shade trees where it has been demonstrated that overhead utility lines and fixtures would interfere with the normal maturing of canopy trees.

c.

Evergreen Trees: Should be strategically placed where higher intensity impacts (e.g., terminating streets, high-volume intersections) from noise and glare occur to ensure effective noise reduction. In no case will the required trees be reduced without specific authorization from the Planning Commission.

d.

Arrangement: Trees shall be arranged in staggered, multi-layered rows alternating between canopy, understory, and evergreen trees to form a dense, effective barrier throughout the year.

e.

Canopy trees will not be located within:

i.

Twenty (20) feet of a streetlight.

ii.

Ten (10) feet of all utility mains, services, and appurtenances.

iii.

Ten (10) feet of a fire hydrant, manhole, or sewer inlet.

iv.

Thirty (30) feet of an intersection.

v.

An area blocking the view of traffic signs.

vi.

Ten (10) feet of a driveway.

Note: Distance measurements must be from the trunk of the tree at ground level to the object.

3.

Shrubs and Ground Cover:

a.

There shall be a minimum of one (1) three-gallon shrub for every five (5) feet of frontage area. The shrubs shall be located within the first ten (10) feet of the frontage area in the greenbelt zone.

b.

Greenbelt zones shall be planted with a variety of trees, shrubs, grass, and other ground cover to create an attractive and effective barrier.

4.

Tree Specifications:

a.

Canopy trees shall be at least three (3) inches or greater in caliper and ten (10) feet in height at planting.

b.

Understory trees shall have an initial caliper diameter of at least one (1) inch and measure a minimum of five (5) feet in clear trunk.

c.

Evergreen trees shall be at least three (3) inches in caliper and eight (8) feet in height at planting.

d.

There shall be a minimum of one (1) tree planted for every twenty-five (25) feet or fraction thereof of frontage, fifty (50) percent of which shall be shade trees.

e.

Except under or within twenty-five (25) feet of an overhead power line, small trees or ornamental trees may be approved by the Planning Commission.

C.

Landscape Plan Approval: All proposed greenbelt zones must have a detailed landscape plan approved by the Planning Commission before any development begins. The landscape plan must include the following elements:

1.

Plant Selection and Placement:

a.

A detailed list of plant species, including trees, shrubs, ground covers, and grasses.

b.

A site plan indicating the specific location and spacing of all plantings to ensure effective noise and light greenbelting and aesthetic appeal.

2.

Irrigation System:

a.

Specifications for an efficient irrigation system, including layout, type, and maintenance schedule.

D.

Greenbelt Zone to be shown on Plans and Plats: All greenbelts required by this Zoning Ordinance or provided by a development shall be delineated on site plans, development approval plans, and subdivision plats as greenbelts.

E.

Procedure, Installation, and Maintenance: These regulations ensure the efficient creation of the desired community environment, preventing costs to the developer for tree removal, replacement, or relocation, and preventing costs to the property owner or city for future maintenance or repair of avoidable damages. Greenbelts shall be provided in addition to other planting requirements mandated by other ordinances or regulations.

•

The City will inspect on-site to affirm adherence to the approved landscape plan and must approve any alterations or departures from the originally approved plan.

•

In the event of tree failure, replacement will be required.

Installation:

•

All tree plantings shall be installed in accordance with American Standard for Nursery Stock (ANSI Z60.1) standards.

•

Trees selected for planting must be free from injury, pests, disease, nutritional disorders, or root defects, and must be of good vigor to ensure a reasonable expectation of survivability.

Maintenance:

•

All maintenance of trees must be performed in accordance with the American National Standards Institute (ANSI) A300 Tree Care standards.

F.

Maintenance Responsibility: The responsibility for the maintenance within the common area greenbelt zones lies with the developer, homeowners' association, property owners' association, or any combination of common ownership entities. Regular maintenance must be conducted to ensure the health and effectiveness of the greenbelt zone. All maintenance of trees must be performed in accordance with the American National Standards Institute (ANSI) A300 Tree Care standards.

The City will inspect the locations and species variation on-site to affirm adherence to the approved landscape plan and must approve any alterations or departures from the originally approved plan prior to installation. In the event of tree or planting failure within the greenbelt zone, replacement will be required.

G.

Tree Protection Measures During Construction: In an effort to protect trees during home construction, commercial development, and other land development activities after planting, the following tree protection measures are designed to ensure the health and preservation of trees and to minimize construction impacts on them.

A Tree Protection Zone (TPZ) must be established based on the size of the existing tree at a minimum of two (2) feet per inch of Diameter at Breast Height (DBH). For example, a tree with a 3-inch DBH requires a TPZ with a radius of six (6) feet from the base of the tree.

Tree Protection Measures:

Fencing:

•

TPZ fencing must be installed before construction begins and maintained throughout the construction period. Fencing must be located and placed so as not to harm the root system.

•

Fencing must be highly visible, at least four (4) feet high, and constructed of durable materials.

•

Signage of six (6) square feet shall be placed on the exterior of the fencing indicating the tree protection zone.

•

The fencing should be placed at the edge of the TPZ and maintained throughout the duration of the construction or until a Certificate of Occupancy is issued.

H.

Enforcement: Removal or damage of plantings is considered a violation and may be remedied as provided by law, including but not limited to fines, stop work orders, or additional replanting.

(Ord. No. 24-2035, 11-4-24; Ord. No. 25-2042, 12-1-25)

A.

Purpose. The intent of this section is to establish minimum standards for the provision, installation, and maintenance of landscape plantings, buffers, and tree preservation in order to achieve a healthy, beautiful, and safe community. Green areas create and preserve an ecological balance, control erosion, sedimentation and storm water runoff, provide shade and reduce heat and glare, abate noise pollution, and buffer incompatible land uses. It is critical that a balance be maintained between developed areas and natural/landscaped areas with appropriate existing and/or newly planted trees and other vegetation.

B.

Applicability. The provisions of this article shall be required for all residential projects involving the construction of planned developments (including duplexes, apartments, town homes, condominiums, RV parks, etc.), subdivisions with five (5) or more dwellings or lots less than twenty thousand (20,000) square feet, business, commercial, industrial, and/or institutional structures; and all existing structures which increase the gross floor area by thirty (30) percent or more within the City of Foley limits, unless expressly exempted by law or the list below.

1.

Exemptions. The following are exempt from the landscaping and buffer requirements of this article:

a.

Single family residence;

b.

Accessory dwelling unit on a residential lot;

c.

Public utility construction activities within the public rights-of-way.

C.

General Considerations.

1.

All landscape materials and trees depicted on an approved landscape plan shall be installed prior to the issuance of a certificate of occupancy, or approval of a final site plan or final plat.

2.

Maintenance. The owner, tenant, agent of either, and any other person in charge of premises shall be jointly and severally responsible for the maintenance of all landscape areas which shall be maintained so as to present a healthy, neat and orderly appearance at all times and shall be kept free from refuse and debris. Maintenance shall include the replacement of all dead plant material. Dead plant material shall be replaced within a time appropriate to the growing season of the species in question, not to exceed six (6) months. Grass and shrubbery shall be kept neatly trimmed in accordance with applicable municipal ordinance.

3.

All landscaped areas shall be protected from vehicular encroachments by curbs, wheel stops, or other permanent barriers.

4.

Stormwater management and drainage controls required by the City Engineering Department shall be coordinated with landscaping improvements and integrated into the overall site design.

5.

To protect trees and other plantings during construction, refer to subdivision regulations section 5.8.G as adopted by reference.

D.

Place Type-Specific Considerations.

1.

Downtown node areas as identified by the Comprehensive Plan's Place Types Map could face setback and development standards that render on-site landscaping impractical. In these cases the Planning Commission may approve alternative strategies which include the installation of street trees or landscape features within the City right-of-way (e.g., tree wells or curb extensions), or an alternative program dedicated to planting and maintaining trees and streetscape landscaping within appropriate areas of the Downtown core.

E.

Modifications and Special Design Criteria.

1.

Modifications may be granted to these buffer and landscape requirements where:

a.

Topographical or environmental constraints make full compliance impractical;

b.

An alternative landscaping plan providing equal or better screening and conservancy is proposed;

c.

A rural or conservation-based Place Type justifies reduced planted landscaping and more natural preservation with the sporadic addition of vegetation to achieve appropriate levels of screening.

All requests for exception or modification shall be accompanied by a written justification accompanying the landscape plan which will be subject to staff and/or planning commission review and approval.

2.

More stringent design and landscape standards may be required by the Planning Commission in any district if it is determined the design would be more compatible with the development and/or more beneficial to the aesthetics of the City.

F.

Planting Requirements.

1.

Trees. Refer to the Subdivision Regulations Appendix C for a list of approved native species of Canopy and Understory trees

a.

Tree Planting Criteria.

i.

A minimum of four (4) different approved native species (refer to SubRegs Appendix C for list) shall be planted on each site. Two (2) species shall be overstory/canopy (large) trees and two (2) species shall be understory (medium) trees in order to promote species richness.

ii.

Large (overstory/canopy) trees shall have at least three (3) inches or greater in caliper and ten (10) feet in height at planting.

iii.

Medium (understory) trees shall have at least three (3) inches in caliper and eight (8) feet in height at planting.

iv.

Multi-stemmed understory trees shall be a minimum of ten (10) feet in height and must have at least three (3) stems; each with a minimum caliper of three-forth (¾) inches.

v.

All newly planted trees shall be located in a twelve (12) by six (6) foot area at least seventy-two (72) square feet.

vi.

On-site relocated trees may be credited toward these requirements.

vii.

It is recommended that trees be obtained from a licensed source.

b.

Tree Replacement Provisions. With the exception of Live Oak trees, the developer shall plant two (2) replacement trees for each significant tree (defined as a tree above eight (8) inches in caliper) proposed to be removed. The replacement trees shall be shade or flowering trees and shall be at least two and one-half (2½) inches or greater in caliper and ten (10) feet in height at planting. The quantity of Live Oak trees to be replanted after removal shall be calculated by adding the calipers of all live oaks proposed for removal divided by six (6) (measured in inches).

c.

Credits and Calculation Procedures for Existing Significant Protected Trees. All plans submitted to the Planning Commission shall have an accurate tree survey denoting each tree above eight (8) inches in caliper, its location, elevation and both proper scientific and common name. The landscape plan shall show the placement and species of the number of required new replacement trees. Calculations of trees to be protected and the quantity of credits to be applied shall be provided along with the calculations of trees to be removed and justification of proposed removal.

Measurements (all calculations shall be rounded up for a final count).

i.

Trees which are from one (1) inch to four and one-half (4½) inches in caliper shall be measured six (6) inches above the root zone at the base of the tree.

ii.

Trees which are over four and one-half (4½) inches up to eight (8) inches in caliper shall be measured one (1) foot above the root zone.

iii.

Trees which are greater than eight (8) inches in caliper shall be measured four (4) feet above the root zone.

d.

Tree Credits.

i.

Tree credits may only account for preserved trees which can be integrated into the design and calculations for the overall landscape plan.

ii.

All credited trees shall be at least eight (8) inches in caliper measured as provided above.

iii.

Tree credits shall not apply to trees for frontage areas or parking and impervious materials. These tree credits shall only be applied to those trees which are required for the perimeter tree requirements.

iv.

One (1) tree credit may be applied for every six (6) inches in total caliper of trees. The credit shall be calculated as follows: sum of calipers of preserved trees divided by six (6) (measured in inches).

v.

Existing trees located within a greenbelt area may be credited at a rate of one (1) to one (1).

vi.

In addition to the required tree planting requirements, all trees ten (10) inches in caliper or greater shall be protected if not located within the footprint of the building.

vii.

If a tree ten (10) inches or larger is not protected and is either removed or damaged during construction, then two (2) additional trees will be required to be planted for every six (6) inches in total caliper of the trees to be removed. Said ten (10) inch caliper tree shall be measured four (4) feet above the root zone at the base of the tree. Calculation: Total tree calipers of trees to be removed divided by six (6) (measured in inches).

2.

Shrubs.

a.

Shrubs shall be evergreen and at least thirty (30) inches tall at installation with an average height of five (5) to six (6) ft to be expected as normal growth within four (4) years.

b.

Twenty-five (25) percent of shrubs may vary from this standard. The permitted variations are that such shrubs:

i.

May be deciduous;

ii.

May be two (2) ft tall when planted, provided an average height of three (3) to four (4) ft is expected as normal growth within four (4) years; and

iii.

When planted on a berm, may be of a lesser height, provided that the combined height of the berm and planting is at least six (6) ft after four (4) years.

c.

Shrubs pruned into tree form variations shall not be credited toward tree planting requirements. These include, but are not limited to the following: Ligustrum, Indian Hawthorn, Tree Yaupon and Camellia.

3.

Ground Cover Plantings. Ground Covers are intended to provide a continuous "blanket" covering for an area and as such should be planted in groups and at a spacing no greater than eighteen (18) inches on center. Ground cover planting shall be established with pots sized four (4) inches or greater.

4.

Ornamental Grass. Any of a variety of grasses and other grass-like plants grown in gardens and landscapes for their aesthetic qualities of color, texture, shape, and movement. Clumping or bunching varieties grow in compact tufts that slowly expand in diameter. Ornamental grass plantings shall be established with pots sized one (1) gallon or greater.

5.

Turf Areas. In turf areas, grass shall be composed of solid sod. Seed and mulch shall not be accepted at final inspection.

G.

Site Specific Landscape Planting Requirements.

1.

Off Street Parking Areas of Six (6) or More Spaces. In order to create shade, reduce heat, define circulation, and visually soften large paved areas the following items are required for parking lots within the City. Framing primary drive entrances and site access points with landscaping helps to reinforce gateway visibility, protect pedestrians, and soften turning movements at key entries.

a.

One (1) tree shall be planted for every two thousand (2,000) square feet of the total site's impervious area including parking areas and building areas for all development with the exception of a retail car lot. For a retail car lot development, one (1) tree shall be planted for every seventy five hundred (7,500) square feet of impervious surface area.

b.

At least fifteen (15) percent of the total interior area intended for off-street parking shall be suitably landscaped within the perimeter of the parking area. Such landscaping shall be protected from vehicular encroachment by the use of curbing.

c.

Interior portions of the parking area at intervals of ten (10) parking spaces shall be broken by provision of nine (9) feet by eighteen (18) feet landscaped islands. Such landscape islands shall include the placement of one (1) shade or flowering trees at least three (3) inches or greater in caliper and ten (10) feet in height at planting.

d.

Terminal ends of all parking rows shall include landscaping with one (1) shade tree.

e.

Parking lot perimeters adjacent to public streets should include a five (5) foot perimeter landscape strip with one (1) canopy tree every forty (40) feet and continuous evergreen shrub massing at thirty (30) to thirty-six (36) inches tall to soften the edges.

f.

Cross-visibility at the intersection of any combination of streets, alleys or driveways, landscaping shall be so planted and maintained as to provide unobstructed visibility between the heights of two and one-half (2½) feet and fifteen (15) feet within an area defined by projecting lines parallel to and twenty-five (25) feet from the point of intersection of curb lines projected.

2.

Foundation Plantings. Foundation Plantings are not required in densely urban commercial settings such as the Comprehensive Plan's "Nodes" Place Type, but are intended for larger developments with intensive impervious surfaces such as parking areas.

a.

For buildings over five thousand (5,000) square feet, foundation landscaping should be required along any façade facing a street or primary customer entrance.

b.

At least fifty (50) percent of the façade should include a three-foot-deep planting bed with shrubs and groundcover.

c.

Entrances should be highlighted with planters or ornamental landscaping.

3.

Building Frontage Landscape Requirements. Applicable to both Commercial and Multifamily Residential developments, these frontage based planting areas are in addition to, not a replacement for, perimeter or buffer landscaping. Care should be taken so that landscaping doesn't obstruct building visibility or entrance, but instead enhances pedestrian scale and site legibility.

a.

For every twenty-five (25) linear feet of street- or driveway frontage:

i.

One (1) ornamental or understory tree

ii.

Five (5) shrubs or clumps of ornamental grass

b.

Beds should be at least three (3) feet deep, within ten (10) feet of the building, and not rely on turf for ground coverage.

c.

Areas with active entrances or storefronts could substitute with planters or trellises.

d.

In "Core Neighborhood" or "Village Center" place types, these requirements should be met using tree wells or streetscape-specific planters consistent with existing designs.

4.

Civic Frontage Options. In core or village-scaled areas, there should be a three (3) foot by five (5) foot civic frontage zone adjacent to sidewalks that includes:

a.

Tree wells at regular intervals;

b.

Low seating walls, benches, or integrated public art;

c.

Plantings may also be located within the sidewalk edge or right-of-way (ROW), depending on available width and streetscape conditions, so long as they are coordinated with utilities and visibility requirements.

5.

Sinage Planting Standards. Monument signs, including both residential and commercial entryway/median signs, should be integrated into landscape frontage areas, with the following specific criteria:

a.

No monument signs may be left devoid of landscaping. Specific requirements shall not be mandated due to the many safety considerations regarding signs at intersections. At minimum, groundcover plantings and shrubs should be used in such a way as to enhance the sign placement and visibility.

b.

No monument signs may be placed within required tree strips, trail corridors, or bioswale zones.

c.

Must maintain minimum five (5) feet clearance from tree trunks and three (3) feet from shrubs.

d.

Must not interfere with Vision Clearance Areas as defined within Article XXII - Sign Regulations.

6.

Duplexes. A minimum of ten (10) percent of the total lot must be suitably landscaped in order to incorporate the higher density use into the surrounding neighborhood with the remaining area covered by sod. These requirements are in addition to any other required greenbelt, street tree, or other City regulation requirements. The following items are required as a part of the ten (10) percent landscaped area:

a.

One (1) tree per thirty (30) linear feet, or any portion thereof, of any street side building frontage.

b.

Four (4) shrubs or clumping ornamental grasses shall be provided per required tree.

c.

Landscape beds must be finished with ground cover plantings or mulch at least two (2) inches deep after watering so that no bare ground remains.

7.

Storm Water Detention/Retention Areas. Where water depth and time of detention is sufficient to require safety fencing, such fencing shall be installed on the pond side behind appropriate landscape plantings to screen and soften the area from direct view of adjacent properties and streets.

8.

Screening for Miscellaneous Commercial and Multifamily Residential Uses.

a.

Due to the variety of applications and situations, specific screening/landscaping requirements are not provided in the ordinance, but such covering shall be provided for by the developer in the following situations:

i.

Ground equipment (water/gas/electric meters, A/C or mechanical units);

ii.

Garbage collection, including dumpsters, recycle bins, compactors, or any other refuse handling area;

iii.

Maintenance sheds, equipment, etc. on a mixed use or multifamily site.

b.

Mail kiosk/shelter. Safety is the foremost concern for these areas. While landscaping should be used to soften and enhance the appearance of such structures, it shall in no way impede visibility. Appropriate pedestrian scaled lighting is a vital component to enhance security and usability of these areas. (Subdivision Regulation 5.7 is incorporated by reference)

c.

Screens and any associated landscaping shall not impede or divert the flow of water in any drainage way.

9.

Buffer Areas. Existing natural vegetation, which meets, in whole or in part, buffer planting requirements, may be applied toward the requirements of Table 10.5.G.9.a when properly documented in a tree survey.

Table 10.5.G.9.a Buffer Landscape Planting Requirements by Buffer Type

H.

Landscape Plan Contents. The landscape plan shall include the following information:

1.

A tree survey showing the location, species and size of all on site protected trees and off site protected trees within twenty-five (25) feet of proposed construction and earthwork.

2.

The location by species and size all trees, shrubs and other landscape material to be placed on the site. The existing trees to be removed and retained must be indicated on the landscape plan.

3.

Location of proposed structures, driveways, parking areas, utilities and other improvements to be constructed or installed.

4.

Location and specifications of irrigation system to be provided.

5.

Tree barricade and root pruning plan, containing a tree barricade detail, to prevent damage to existing trees and other vegetation during construction.

6.

All Landscape Plans shall contain a statement of compliance with these regulations from the Engineer of Record.

(Ord. No. 25-2042, 12-1-25)