For the purpose of this Ordinance words used in the present tense include the future and past tense, the singular includes the plural, the plural includes the singular, the male gender includes the female and the female gender includes the male. Words and terms have their common meaning and definition and are further, more specifically defined as follows:

Accessory Dwelling Units (ADU): A second dwelling unit that is either contained within the structure of a single family dwelling unit or in a separate accessory structure on the same lot as the principal residential building for use as a complete, independent living facility with provisions within the accessory dwelling for cooking, eating, sanitation and sleeping. Such a dwelling is an accessory use to the principal residential building and includes accessory apartments, garage apartments and guesthouses. Recreational Vehicles nor Manufactured Homes can be considered as an ADU.

Accessory Structure: A structure that:

A.

Is subordinate to and serves the principal building or principal use;

B.

Is subordinate in area, extent, or purpose to the principal use served;

C.

Contributes to the comfort, convenience, or necessity of occupants of the principal building or principal use served;

D.

Is located on the same zoning lot as the principal building or principal use served, with the single exception of such accessory off-street parking facilities as are permitted to locate elsewhere than on the same zoning lot with the building or use served; and

E.

Shall not include kitchen or sleeping facilities.

Accessory Use: A use customarily incidental and subordinate to the principal use of the building or land on which the accessory use exists. An accessory use must be located on the same lot or in the same building with the principal use of the land or building.

Adjoining Lot: A lot or parcel of land that shares all or part of a common lot line with another lot or parcel.

Agriculture: The science, art, or practice of cultivating the soil, producing crops, and raising livestock and in varying degrees the preparation and marketing of the resulting products. This does not include small gardens for personal use (see Garden).

Alley: A Street or highway intended to provide access to the rear or side of lots or buildings in urban districts and not intended for the purpose of through vehicular traffic.

Alter: Any form of the word "alter", including alteration and altered, shall mean any of the following:

A.

Any addition or change to the height, width, shape or depth of a building or structure;

B.

Any change in the location of any of the exterior walls, roof or floor of a building or structure; or

C.

Any change in the interior accommodations of a building or structure

Amusement: A recreational facility providing family-oriented entertainment which may include the following: rides, games, water slides, wave pools, boats, performing animals, zoos, aviaries, botanical gardens, museums, theme villages, golf courses, miniature golf courses, theaters, mini-railroads and similar uses.

Antennas, Aerials, Telecommunication Tower: Any device or structure used to support or to transmit and/or receive radio, telephone, television or other electromagnetic waves between terrestrially and/or orbital based structures for the purpose of carrying, magnifying or transferring such signals between sending and receiving instruments.

Apartment: A building which is used as a residence for three (3) or more families living in separate dwelling units who have only a possessory right and not an ownership interest in any portion of the building. This does not include buildings or portions of buildings advertised or held out as being available for transients.

Assembly, Places of: Land or buildings arranged for public assembly or for religious purposes such as community centers, churches and synagogues, including related facilities for instruction, meeting, recreation, and other integrally related activities.

Automobile Repair, Major: A place of business engaged in the repair and maintenance of automobiles and light trucks including the sale, installation, and servicing of mechanical equipment and parts including painting, body work, upholstery work, fabrication of parts or rebuilding of engines.

Automobile Repair, Minor: A place of business engaged in the repair and maintenance of automobiles and light trucks including the sale, installation, and servicing of mechanical equipment and parts but not including painting, body work, upholstery work, fabrication of parts, or rebuilding of engines.

Awning: A shelter attached to and hanging from a vertical surface of a building without any other support from the ground.

Block: That portion of land bounded on all sides by the nearest intersecting streets. Alleys may exist within blocks without dividing the land into different blocks.

Boarding House/Bed and Breakfast: A building or structure which is capable of and used for providing lodging or lodging and meals for up to three (3) guest rooms. This use cannot be located within one-thousand (1,000) feet of the same use. The owner of the Bed and Breakfast must reside on site. This is a conditional use and requires a city license to operate.

Borrow Pit: An area from which soil or other unconsolidated materials are removed to be used, with or without further processing, for highway or road construction and maintenance or other similar use.

Building: Any structure which may be entered and utilized by persons for business, public use, lodging or the storage of goods, or for carrying on business therein. Where a single building consists of two (2) or more units separately secured or occupied, each unit shall not be deemed a separate building.

Building Area: That portion of a lot located inside all the required setbacks and within all the other restrictions on which a particular type of structure or building is permitted by this Ordinance. The building area on one (1) lot may differ depending on the type of structure or building is considered (e.g., accessory structures may be allowed in areas a principal structure is not allowed) The building area shall not include areas on which no structure or building can be built or located, such as areas designated or dedicated for stormwater retention/detention, open ditches, wetlands, and other such areas.

Building Line: The line marking the closest point to the street a principal building may be erected pursuant to this Ordinance. For all lots, including corner lots, the building line is on the front yard side of the lot, as determined by this Ordinance.

Child/Adult Care: The provision of care for individuals, who are not related to the primary caregiver. A child care facility which is the family home in which the operator resides and which receives not more than six (6) children, and is licensed as a family day / night care home by DHR. A child care facility which is the family home in which the operator resides and which receives not more than twelve (12) children, and is licensed as a family group day / night care home by DHR. This use cannot be located within one-thousand (1,000) feet of the same use. This is a conditional use and requires licensing from DHR and a city license to operate.

Clubs/Lodges: A club or lodge means an association of persons or a use of property by an association of persons organized for some common purpose(s), including social, fraternal, literary, political, educational, historical, or recreational purposes, but excluding such groups organized primarily to render a service which is customarily carried on as a business, such as a bar or lounge. A Club or Lodge is further defined by the following classifications:

If a certain class of club or lodge is allowed by right in a district, then that class or any lower numbered class is allowed by right in that district (e.g., if a district allows Class 2 club or lounge, then Class 2 or Class 1 clubs or lounges can be located in that district by right).

Co-location: The use of one (1) wireless telecommunications tower by more than one (1) wireless telecommunications provider.

Communal Living Facilities: Communal living facilities are facilities in which three (3) or more unrelated families live in group living arrangements. Communal living facilities include group home/family care home; bed and breakfast; mentally retarded or mentally ill facilities; transitional home.

Conditional Use/Structure: A use or structure that, owing to some special characteristics attendant to its operation or installation, is permitted in a zoning district subject to approval by the Planning Commission. In order to ensure compatibility and mitigate potential negative impacts on the surrounding area, a conditional use may be subject to special requirements different from those usual requirements for the zoning district in which the conditional use may be located.

Condominium: A multi-unit dwelling, group of multi-unit dwellings, townhouse complex, group of townhouse complexes, or any combination thereof; each of whose residents, known as unit owners, enjoys exclusive ownership of his individual apartment or dwelling unit holding fee simple title thereto, while retaining an undivided interest, as a tenant in common, in the common facilities and areas of the building or buildings and grounds which are used by all the residents.

Courtyard: An open space that is surrounded completely or partly by a building or group of buildings. See Plaza.

Density: The number of separate dwelling units per gross residential acre. For new developments and subdivisions, the number of separate dwelling units in the net residential acreage excluding delineated wetlands, lakes, ponds, and storm water detention/retention facilities shall also be provided.

Digital Billboard: A billboard (off-premises sign) with an electronic changeable copy sign face.

Domesticated Animal: Any animal used as a pet that is not a cat or a dog, including, but not limited to, rabbits, squirrels, raccoons, pot-bellied pigs, birds, snakes, or reptiles.

Domesticated Pot-Bellied Pig: a non-livestock breed of swine (commonly of the Vietnamese or Asian pot-bellied pig varieties) that is specifically bred and kept as a household pet.

Domestic Poultry (Hen): Female chickens and ducks raised for their edible eggs. Specifically excluding roosters (male chickens), drakes (male ducks), and all other species of fowl.

Drive-In Restaurant: A restaurant or public eating business so conducted that food, meals, or refreshments are designed to be or are capable of being delivered to the occupants of motor vehicles without requiring the occupants to leave the vehicle.

Driveway: Private road connecting to public road. A private road that enables vehicles to travel from a public road to a building.

Dry Cleaners, Small: Laundry cleaning enterprises using non-flammable, non-explosive type cleaning solvent which occupy not more than one thousand five hundred (1,500) square feet of floor space; which operate not more than two (2) delivery and pickup trucks; and which employ not more than four (4) persons, exclusive of sales clerks and truck drivers.

Dry Cleaners, Large: Laundry cleaning enterprises occupying more than one thousand five hundred (1,500) square feet of floor space and/or employing more than four (4) persons exclusive of sales clerks and truck drivers.

Dumpster Enclosure: Dumpster/trash enclosures are a structure built to provide shelter for a trash dumpster and for recyclable materials.

Duplex: A home with two (2) dwelling units within one (1) structure. See Dwelling - Two family.

Dwelling: A house or other building used primarily as an abode for one (1) or two (2) families; except that the word dwelling shall not include boarding or rooming houses, tents, tourist camps, hotels, recreational vehicles, recreational vehicle parks, or other structures designated or used primarily for transient residents.

Dwelling - Multi-Family: A dwelling used or capable of being used for housing more than two (2) families in separate units or quarters that are totally independent of one another.

Dwelling - One Family: A dwelling used or capable of being used for housing only one (1) family; sometimes referred to herein as a single-family dwelling.

Dwelling - Two Family: A dwelling used or capable of being used for housing two (2) families in separate units or quarters that are totally independent of each other.

Dwelling Unit: A building or a portion thereof used or designed for residential use by only one (1) family at a time for living and sleeping purposes (e.g., a two-family dwelling would have two dwelling units). This does not include rooms or areas that are used or designed to be used for transients.

Family: One (1) or more persons occupying a dwelling unit and living as a single or traditional housekeeping unit who are related by blood, legal adoption, marriage, foster children, plus no more than one (1) additional unrelated person; or, up to a maximum of three (3) unrelated persons living together in a dwelling unit. The maximum occupancy is determined by the Fire Department and a minimum of seventy (70) square feet of bedroom gross floor area per resident. For the purpose of this definition, a bedroom is defined as a room designed or designated for sleeping and not bathrooms, hallways, closets, utility or storage rooms or areas or rooms which primary use is for eating, cooking or general congregating.

Feather Flags: Any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, string, or mounted from any type of pole, designed to move in the wind.

Fence: Any artificial obstruction to free movement from one area of land to another area of land which is fixed in the ground and which is not a sign or building, as those terms are defined herein.

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.

Footcandle: A term used to describe a unit of measure of the density of light that falls on a surface. A footcandle is equal to one (1) lumen per square foot. A footcandle measures the amount of illumination on a surface from a light source.

Garden: A garden is defined as a space where plants or fruits and vegetables are grown for personal use, not for wholesale distribution.

Garden-Patio Home (GPH): A single family dwelling located on its own lot 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.

Gross Acre: A measure of land equal to one (1) acre, including all areas of land regardless of whether or not any structure, building or other improvement is capable or permitted to be built on that area.

Group Home/Family Care Home: Group home means a dwelling unit, operated by an affiliate of a national, regional, state or county organization with a philanthropic mission, shared by four or fewer persons, excluding resident staff, who live together as a single housekeeping unit and in a long term, family-like environment in which staff persons provide care, education and participation in community activities, under a structured and scheduled plan that must be provided to the city, for the residents with the primary goal of enabling the residents to live as independently as possible in order to reach their maximum potential under the direction and guidance of a designated managing caregiver, designated as such by the affiliate organization, who must be a resident of the group home and available by telephone on a 24-hour basis in case of complaints. A copy of the home rules shall be provided to the City. This use cannot be located within one-thousand (1,000) feet of the same use. This is a conditional use and requires a city license to operate.

The term "group home" shall not include a halfway house, a treatment center for alcoholism or drug abuse, a work release facility for convicts or ex-convicts, a home for the detention and/or rehabilitation of juveniles adjudged delinquent or unruly and placed in the custody of the state, or other housing facilities serving as an alternative to incarceration. The term "group home" shall also not allow the use of a dwelling as an apartment or duplex. A group home shall not allow use of the dwelling as a home for individuals on parole, probation, or convicted and released from incarceration, for any crimes including child molestation, aggravated child molestation, or child sexual abuse, as defined in Code of Ala. 1975, §§ 13A-6-60—13A-6-71 or individuals required to register as sex offenders pursuant to Code of Ala. 1975, §§ 15-20A-1—15-20A-48. A group home may include a home for the disabled. As used in this subsection, the term "disabled" shall mean:

1.

Having a physical or mental impairment that substantially limits one or more of such person's major life activities;

2.

Having a record of having such an impairment; or

3.

Being regarded as having such an impairment.

However, "disabled" shall not include persons who currently use illegal controlled substances, persons who have been convicted of the illegal manufacture or distribution of controlled substances, sex offenders, and juvenile offenders or persons with or without disabilities who present a direct threat to the persons or property of others.

Habitable Structure: A structure containing spaces for living, sleeping, eating, cooking, or any combination thereof.

Home-Based Business: The use of a premise principally as a residence but in which one (1) or more people operate a business or commercial enterprise pursuant to the restrictions and provisions contained in this Ordinance.

Home Occupation: The use of a premises principally as a residence but in which the inhabitants thereof operate a business or commercial enterprise pursuant to the restriction and provisions contained in this Ordinance.

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, manufactured home parks, boarding houses, rooming houses or portions thereof where single night accommodations are not advertised or held out to be available.

Illegal Non-Conforming Building/Structure: Any building or structure which was erected, constructed, modified or altered in violation of the provisions of the then-current Zoning Ordinance.

Illegal Non-Conforming Lot: Any lot or parcel of land which, when subdivided or otherwise altered, changed or created, was in violation of the provisions of the then-current Zoning Ordinance.

Illegal Non-Conforming Use: Any use which, when commenced, was in violation of the provisions of the then-current Zoning Ordinance.

Inflatable: Any device used to draw attention to a specific business through the means of continuous forced air flow to include balloons.

Institutional Uses: A use in which people are cared for or live in a supervised environment, having physical limitations because of health or age are harbored for medical treatment or other care or treatment, or in which people are detained for penal or correctional purposes or in which the liberty of the occupants is restricted.

Intersection: All areas of land included within two (2) or more different streets which join each other or come into contact with each other where vehicles traveling upon different streets may come in conflict. The junction of an alley or private driveway with a street shall not constitute an intersection.

Joint Residential and Commercial Use: A joint use is a type of commercial property that includes both commercial and residential space. The residential uses shall be designed so that they are compatible with the commercial uses. Residential and commercial uses shall not occupy the same floor of a building or share the same entrances. Where an existing single story structure is located in a zone that allows Joint Residential and Commercial Use, it may also be used for that purpose providing that it can maintain separate entrances, and achieve full compliance with Building Code separation of use and any applicable fire suppression requirements.

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

Kitchen Facilities: Facilities and equipment associated with the preparation and storage of food and meals, including the cleaning and washing of related items.

Landscaping Material: Living material including, but not limited to, trees, shrubs, vines, lawn grass, ground cover, and landscape water features. Non-living material may be used in such a manner as to present a finished appearance and to complete coverage, and may consist of pine or cypress bark, crushed pecan shell, pine straw, or other decorative mulch.

Legal Non-Conforming Building/Structure: Any building or structure which was lawfully erected, constructed, modified or altered in conformity with all applicable zoning and municipal ordinances, or pursuant to a variance granted by the Board of Adjustment and Appeals, but which does not comply with one (1) or more subsequently enacted or applicable provisions of this Ordinance.

Legal Non-Conforming Lot: Any lot which was lawfully created or subdivided in conformity with all applicable zoning and municipal ordinances, Planning Commission regulations and other laws, or through variance granted by the Board of Adjustment and Appeals, but which does not comply with one (1) or more subsequently enacted or applicable provisions of this Ordinance.

Legal Non-Conforming Use: Any use which was lawfully operated in conformity with all applicable zoning and municipal ordinances, or through variance granted by the Board of Adjustment and Appeals, but which does not comply with one (1) or more subsequently enacted or applicable provisions of this Ordinance.

Livestock: The term "livestock" shall refer to equine or equidae, cows, calves, yearlings, bulls, oxen, sheep, goats, lambs, kids, hogs, shoats, and pigs; excluding "domesticated animals".

Living Quarters: Housing providing facilities for sleeping and bathing.

Lot: A designated parcel, tract, or area of land established by plat, subdivision, or as permitted by law. Two (2) or more adjoining lots in identical ownership may be combined to create one (1) lot for purposes of setbacks, distances and areas within or from lot lines.

Master Signage Plan (MSP): A comprehensive document presented to and approved by the Planning Commission that contains a set of criteria and standards for present and future freestanding signage in common areas of a Planned Development in order to create a cohesive architectural statement. The MSP should identify locations of all expected signage and call out any requested relaxations of the standard sign regulations included in this zoning ordinance. The MSP may be modified as needed during site plan approvals through a Planned Development's progress in phases.

Mentally Retarded or Mentally Ill Living Facilities: The classification of "multi-family" shall not exclude a group home in which ten (10) or less unrelated persons who are mentally retarded or mentally ill may reside, and said home may, in addition thereto, include two (2) additional persons who need not be related by blood or marriage to each other or to any of the mentally retarded or mentally ill persons living in the home. These are allowed in a multi-family zone.

Mining: The process of extracting coal, ore or other minerals from the ground. This term also encompasses surface mining and oil and gas drilling. For purposes of oil and gas drilling, the term shall include the wellhead and any above-ground pipelines or above-ground pipeline appurtenances.

Mobile/Manufactured Dwelling: Any vehicle or similar portable structure, mounted or designed for mounting on wheels, used or intended for use for permanent dwelling purposes including structural additions, except parked and unoccupied camping-type trailers. Any vehicle or structure shall be deemed to be a mobile / manufactured dwelling whether or not the wheels have been removed there from and whether or not resting on temporary or permanent foundations. Manufactured dwelling structures must be approved by the Alabama Manufactured Housing Commission.

Mobile/Manufactured Dwelling Park: A tract of land under unified control which has been developed with all necessary facilities and services in accordance with a development plan meeting all the requirements of the Ordinance, which is intended for the express purpose of providing a satisfying living environment for mobile/manufactured dwelling residents on a long term occupancy basis.

Mobile/Manufactured Dwelling Subdivision: A tract of land with individually owned lots, which has been developed with all necessary facilities and services in accordance with a development plan meeting all the requirements of this Ordinance and Subdivision Regulations of the City of Foley, which is intended for the express purpose of providing a satisfying living environment for mobile/manufactured dwelling residences on a long term occupancy basis.

Mobile Food Vendor: A vehicle-mounted food service establishment designed to be readily moved.

Mobile Vendors: Offering or soliciting for sale, or the attempted or actual sale of, foodstuffs, goods, wares, merchandise, labor or services by any person on foot, from a temporary structure (such as a stall, tent or table), or from a vehicle (such as a motor vehicle, bicycle, scooter, trailer, cart, wagon or other form of conveyance).

Modular Dwelling: A structure or building designed to be used or actually used as a dwelling unit constructed by the assembly of pre-manufactured units, component parts, sections or modules and designed to be placed or actually placed on a permanent foundation. Modular structures must be approved by the Alabama Manufactured Housing Commission.

Monopole: A type of wireless telecommunications tower that has one (1) single, self-supporting metal tube securely anchored to a foundation that does not use guy wires. A monopole may have the antennas mounted on the outside of the structure.

Motel: A type of hotel that has separate outside entrances for each guest room or suite of rooms and having automobile parking spaces provided for each room. Sometimes referred to as a "Motor Court."

Multi-Family: A building which is used as a residence for three (3) or more families living in separate dwelling units.

Non-Conforming Lot: A lot, which does not conform to one (1) or more provisions of this Ordinance or any subsequent amendments thereto, for the district in which it is located. It may be a legal non-conforming lot or an illegal non-conforming lot depending on when it was created in relation to when the offended provision of the Zoning Ordinance was enacted or applicable to it.

Non-Conforming Structure/Building: A building or other structure, which does not conform with one (1) or more provisions of this Ordinance, or any subsequent amendments thereto, for the district in which it is located. It may be a legal non-conforming structure/building or an illegal non-conforming structure/building depending on when it was constructed, erected, altered or modified in relation to when the offended provision of the Zoning Ordinance was enacted or applicable to it.

Non-Conforming Use: A use of any structure or of land which does not conform with one (1) or more provisions of this Ordinance, or any subsequent amendments thereto, for the district in which it is located. It may be a legal non-conforming use or an illegal non-conforming use depending on when it was commenced in relation to when the offended provision of the Zoning Ordinance was enacted or applicable to it.

Offices: A building or area of rooms used for professional, administrative, clerical and similar uses, but not including residential, retail sales, wholesale distribution, or other such uses.

Office/Warehouse: A single building which is used by one (1) owner or one (1) tenant as both an office in one (1) distinct area (which is accessible by the public) and used for the storage of goods and materials for wholesale or retail distribution and sale in another distinct area of the building. It may also function as a distribution center. Storage excludes bulk storage or materials, which are flammable, explosive or hazardous. The office operation may be incidental to the warehouse function attached to it.

Open Space: Any land or area, the preservation of which in its present use would: conserve and enhance natural or scenic resources; protect streams or water supply; promote conservation of soils, wetlands, beaches or tidal marshes; enhance the value to the public of abutting or neighboring parks, forests, wildlife preserves, nature reservations or sanctuaries; and/or enhance recreation opportunities.

Open Space (Residential Development): Land area within a residential development that is in a centralized location held in common ownership for all the residents for recreation, protection of natural land features, amenities or buffers. Open space must be freely accessible to all residents of the development and is protected by the provisions of this Ordinance to ensure that it remains in such uses. Open space does not include land occupied by non-residential buildings (except for shared amenities), common driveways, parking areas, street rights-of-way, required drainage areas or storm water management nor does it include lots for single family or multi-family dwellings. Open space should be left in a natural state or landscaped, except in the case of recreational structures.

Overlay District: A zoning district that encompasses one (1) or more underlying zones and that may vary the requirements, uses and standards of the underlying zone.

Parcel: A contiguous area of land described in a single description by a deed or other instrument or as one (1) of a number of lots on a plat or plan, separately owned and capable of being separately conveyed.

Parking Space: The space necessary to park an automobile along with necessary lanes and maneuvering areas.

Pennants: Any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, string, or mounted from any type of pole usually in a series, designed to move in the wind.

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

Place Types: A framework for classifying locations in the City of Foley according to their form which includes their physical appearance, character, and function. The Place Type Map includes Nodes, Neighborhoods, Corridors, Overlay Districts, and Special Use Districts.

Planned Development District (PDD): A specific zoning district that is subject to this Ordinance and to additional restrictions that may be imposed by the City Council when created.

Planned Developments: A planned development (PD) is a regulatory process which promotes holistic real estate development by segmenting potential development by land use or dwelling types, by clustering uses and strengthening the collaboration required between developers and municipalities. The goal of this type of regulation is to promote unified planning, sound economics and to protect the interests of all community members. The approved layouts can only be modified by the Planning Commission and in certain instances will require City Council approval as well.

Planned Industrial District (PID): A specific zoning district that is subject to this Ordinance and to additional restrictions that may be imposed by the City Council when created. This is designed to be primarily an industrial development.

Planned Unit Development (PUD): A specific zoning district that is subject to this Ordinance and to additional restrictions, which may be imposed by the City Council when created.

Planning Director: Such person or persons designated to be responsible for the administration and enforcement of certain provisions of this Ordinance. The Planning Director Designees may include, but are not limited to, the Planning and Zoning Coordinator, Code Enforcement Officer, and other Planning Department staff. (Formerly known as Community Development Director.)

Plaza: An open area usually located near urban buildings and often featuring walkways, trees and shrubs, places to sit, and businesses. See Courtyard.

Poultry: Domesticated fowl collectively, especially those valued for their meat and eggs, such as chickens, turkeys, ducks, geese, and guinea fowl.

Professional service and office uses: This group of uses includes business and professional offices, medical offices or clinics, financial institutions without drive-up windows, and personal service businesses where the service is performed on an individual-to-individual basis as opposed to services which are performed on objects or personal property. Examples of personal service businesses are barber shops, beauty shops, or photography studios. This group of uses may include a dispatching/communications/office center for the distribution of goods, but specifically excludes the warehousing or actual distribution of goods.

Project Area: Total land area for the purpose of development with site improvements.

Public Building: A building used or designed to be used principally by a municipality, county, state, public corporation, public utility or by the federal government as a courthouse, jail, city hall, auditorium, library, civic center, music hall, art gallery, art center, museum, municipal building, post office, office, warehouse, storage, and other uses deemed necessary by these types of entities.

Public Building, Governmental: A public building used or designed to be used principally by a municipality, county, state, or by the federal government for purposes directly related to the discharge of their governmental powers, such as for courthouses, jails, city hall, post office, office, warehouse, storage, and other uses deemed necessary by these types of entities. A public building, intended primarily for use by a municipality, county, or state, is authorized by law for the execution of the entity's statutorily sanctioned functions and purposes. This authorization is grounded in the power and authority to perform functions essential for activities reasonably necessary to fulfill the city's governmentally authorized functions and activities.

Public Building, Proprietary: A public building or structure with proprietary purposes serves a commercial or business function through its function or structure, designed to generate revenue. It may be available to the public or commercial establishments A building used or designed to be used principally by a municipality, county, state, public corporation, which are not directly related to the discharge of their governmental powers, such as for auditoriums, libraries, civic centers, gymnasiums, music halls, art galleries, art centers, museums, warehouses, storage, and other similar uses.

Public Street: See Street.

Public Uses: Building, structures and uses of land by a unit of government, including but not restricted to government administration, thoroughfares, libraries, parks, playgrounds, recreation centers, fire stations and other similar uses.

Quarrying: The process of removing rock, stone, sand, clay, gravel or other natural mineral resources from the ground for the purpose of acquiring, selling, or using said natural mineral resources.

Recreational Vehicle: For the purposes of this Ordinance, a recreational vehicle shall consist of any of the following as herein defined:

Travel Trailer: A travel trailer is a vehicular portable structure mounted on wheels, of such size or weight as not to require special highway movement permits when drawn by a stock passenger automobile. It is primarily designed and constructed to provide temporary living quarters for recreation, camping, or travel use.

Camping Trailer: A camping trailer is a vehicular portable structure mounted on wheels, constructed with collapsible partial side walls of fabric, plastic, or other pliable material for folding compactly while being drawn by another vehicle. When unfolded at the site or location, it provides temporary living quarters, and its primary design is for recreation, camping, or travel use.

Truck Camper: A truck camper is a portable structure designed to be loaded onto, or affixed to, the bed or chassis of a truck. It is constructed to provide temporary living quarters and is primarily designed for recreation, camping, or travel use.

Motor Home: A motor home is a structure built on and made an integral part of a self-propelled motor vehicle chassis other than a passenger car. Its primary purpose is to provide temporary living quarters for recreation, camping, and travel.

Boat: A boat is any recreational vehicle designed or intended for operation on water. Boats and trailers used to transport them shall be considered recreational vehicles and are subject to the same requirements and restrictions applying to other recreational vehicles.

Utility Trailer: A separate vehicle, not driven or propelled by power, designed to transport vehicles and/or other types of personal property or equipment.

Right-of-Way: See Street.

Road-Side Stand: A structure for display and sale of products, with no space for customers within the structure itself.

Rooming House: Any building or portion thereof which contains not less than three (3) nor more than nine (9) guest rooms, which are designed or intended to be used, let, or hired out for occupancy by individuals for compensation whether paid directly or indirectly.

Self-Storage Warehouse: A structure or groups of structures intended designed or capable of being used as rental storage facilities to individuals, businesses or other entities. Said definition shall also include the term "mini-warehouse".

Semi-Public Buildings: Structures for the use of a group the membership of which is open to the public, such as churches, Y.M.C.A. and Y.W.C.A. facilities, private schools, hospitals and nursing homes, colleges and health clubs, country clubs, tennis clubs, etc.

Sidewalk Vending Unit (Pushcart): A mobile food vendor business in which food that is prepared elsewhere and ready for consumption at the point of sale, is sold from or out of a non-motorized mobile piece of equipment or vehicle that is removed each day from the location where the food is sold.

Sign: See article XXII, section 22.03, definitions.

Site Plan: The plan drawings of a proposed development on a lot or lots which reflects the existing conditions and proposed changes, including drainage, and any other possible environmental impact.

Standard Billboard: A billboard (off-premises sign) that does not have an electronic changeable copy sign face.

Stealth Monopole: A monopole that does not have antennas mounted on the outside, but instead has them inside the monopole structure. These look like flagpoles.

Storage Structures/Open Storage: A structure, groups of structures or open space intended, designed, or capable of being used as rental storage facilities to individuals, businesses or other entities. Said definition shall also include the term "mini-warehouse", "boat", "RV" and other similar storage facilities.

Story: That portion of a building included between the surface of any floor and the surface of the floor next above; or if there be no floor above it, then the space between such floor and the ceiling next above it.

Street: The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.

Street, Private: Street or road not owned or maintained by the City of Foley whether or not it has public access.

Street Vending Unit (Food Truck): A mobile food vendor business in which food that is prepared and made ready for consumption at the point of sale, is sold from or out of a motor vehicle that is removed each day from the location where the food is sold.

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, antennas, but not including telephone poles or overhead wires, fences less than three (3) feet high, retaining walls or terraces. Generators and HVAC units are excluded from this definition.

Structure Height, Maximum: 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.

Telecommunications: The technology which enables information to be exchanged through the transmission of voice, video, or data signals by means of electrical or electromagnetic systems.

Temporary Structure: A structure that is intended to be temporary or is capable of being moved from one (1) location to another whether the structure is located on the premises of a fixed facility or whether the stand is located on a lot used for business purposes. A structure that is not attached to a permanent foundation.

Townhouse: A building or structure, portions of which are designated for separate ownership for residential purposes, not transient use.

Townhouse Complex: A group of more than two (2) townhouses connected by party walls.

Towing Company Storage Yard: Each towing company shall have adequate storage space to provide safe keeping for a minimum of fifteen (15) wrecked, disabled or impounded vehicles. This space shall be enclosed by a six-foot chain link fence or wall with a gate under lock and key.

Traffic Analysis: Refer to adopted City of Foley Ordinances.

Traffic Impact Study: As set forth in City Ordinances.

Transient: A transient is a person who occupies a dwelling unit on a temporary basis and who does not intend to make the dwelling his residence. Transients typically do not stay in one (1) dwelling unit for more than one (1) week.

Transitional Home: A dwelling shared by four (4) or less handicapped individuals who live for a short period while receiving social, psychological or similar therapy or counseling excluding jails, prisons, and other correctional institutions. Which may in addition, also include up to two (2) resident staff who need not be related by blood or marriage to each other or to any of the persons living within, who live together as a single housekeeping unit in which staff persons provide care. This use cannot be located within one-thousand (1,000) feet of the same use. This is a conditional use and requires a city license to operate.

Transportation Continuity (Refer to City of Foley Transportation Continuity Plan):

A.

Freeways and Expressways: Multi-lane controlled access roadways with directional travel lanes and are typically separated by a physical barrier. Access points are, like interstates, limited to on-off ramp locations, although limited access via at-grade intersections is allowed. These roadways, similar to interstates, focus on mobility versus access.

B.

Principal Arterials: Provide major vehicle mobility to major centers of a region. Typically access includes at-grade intersections and limited direct access to property to improve through movement traffic flows. Provide mobility between important centers of activity, along interzonal trips (entering and then leaving an area), and through the area. Principal Arterials have a subcategory of urban and rural.

C.

Minor Arterials: Provide interconnection with and supplements principal arterial. Includes at-grade intersections and direct access to property. Provide mobility between important centers of activity, along interzonal trips (entering and then leaving an area), and through the area. Minor Arterials have a subcategory of urban and rural.

D.

Major and Minor Collectors: Provide balance between land access and traffic flows within residential neighborhood and commercial and industrial areas. Collect traffic from local roadways and funnel to the arterial streets. Includes at-grade intersections and direct access to property.

E.

Local: Account for the largest percentage of all roadways in terms of mileage. Typically provides connectivity at the end of the origin or destination end of the trip.

Travel Trailer Recreational Vehicle Park: A tract of land under unified ownership which has been developed with all necessary facilities and services in accordance with a development plan meeting all the requirements of this Ordinance, and which is intended for the express purpose of providing a satisfactory living environment for travel trailer residents on a temporary basis.

Uses: The purpose for which land, a building, or other structure is designed, arranged, or intended, or for which it is or may be occupied or maintained.

Veterinary Clinic: An establishment operated by a licensed veterinarian under Alabama law that meets or exceeds all mandatory requirements of the Alabama State Board of Veterinary Examiners, and provides examination, diagnostic and health maintenance services for medical and surgical treatment of animals and is equipped to provide indoor housing and nursing care for animals during illness or convalescence.

Waterfront Construction Setback Line: A line running parallel to the shoreline at a specified distance from mean high tide. All principal structures shall be located only landward of this line.

Wholesale: Sale of products primarily to retailers, other merchants, or industrial, institutional, and commercial users mainly for resale or business use.

Wireless telecommunications antenna: The physical device through which electromagnetic, wireless telecommunications signals authorized by the Federal Communications Commission are transmitted or received. Antennas used by amateur radio operators are excluded from this definition.

Wireless telecommunications facility: The equipment and structures located in one (1) location that are involved in receiving telecommunications or radio signals from a mobile radio communications source and transmitting those signals to a central switching computer which connects the mobile unit with the land-based telephone lines. This includes the tower, antennas, equipment shelter, and related equipment, fixtures, and structures.

Wireless telecommunications tower: A structure intended to support equipment used to transmit and/or receive telecommunications signals that exceeds thirty (30) feet in height.

Yard: The open space on a lot not covered by the footprint of any principal structure or building. Yards shall be measured from the wall of the structure to the property line using a straight line, and where a minimum size yard is required, the yard shall be the shortest distance between the structure and the property line.

A.

Front Yard: The yard extending across the entire width of the lot between the main buildings, including covered porches, and the front property line. On corner lots, the narrower or shorter frontage side shall be considered the front regardless of the location of the main entrance of the dwelling. Where both frontages on a corner lot are equal in size, the front yard shall be the side on which the majority of lots front on that block.

B.

Rear Yard: The yard extending across the entire width of the lot between the main buildings, including covered porches, and the rear property line. This is on the opposite side from the front yard.

C.

Side Yard: The yard extending along a side lot line, from the front yard to the rear yard, between the main buildings, including covered porches and carports.

Zoning Administrator: See Planning Director.

(Ord. No. 19-2006, 3-4-19; Ord. No. 19-2017, 8-5-19; Ord. No. 19-2025, 10-7-19; Ord. No. 20-2016, 8-3-20; Ord. No. 20-2023, 12-7-20; Ord. No. 21-2031, 11-1-21; Ord. No. 22-2004, 2-7-22; Ord. No. 22-2018, 5-2-22; Ord. No. 23-2012, 6-19-23; Ord. No. 24-2014, 5-6-24; Ord. No. 24-2021, § 1, 7-1-24; Ord. No. 25-2004, 2-3-25; Ord. No. 25-2013, 5-5-25; Ord. No. 25-2025, 8-4-25; Ord. No. 25-2030, 9-2-25; Ord. No. 25-2040, 11-3-25; Ord. No. 25-2041, 11-3-25; Ord. No. 25-2042, 12-1-25)