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 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 definition).

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, lodging, eating 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.

Bed and Breakfast: The use of a private residential dwelling by the owner as his primary residence and, simultaneously, for the housing of transients in not more than three (3) guest rooms whether or not any meals are available or are provided. A Bed and Breakfast must be run by the owner/occupant of the building.

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: A building or structure which is capable of and used for providing lodging or lodging and meals to more than three (3) persons.

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, and includes any vehicle, railway car, aircraft or watercraft used for the lodging of persons 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.

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.

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

Condominium: Real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. Real estate is not a condominium unless the undivided interests in the common elements are vested in the unit owners.

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.

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.

Dwelling: A building used, or designed to be used, as a residence. A dwelling does not include buildings or portions of buildings that are used or designed to be used for housing transients.

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 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; or the residents of a Group Home/Family Care Home, as defined herein.

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: A dwelling shared by ten (10) or less mentally handicapped persons or used as a shelter for drug addicts, battered women or other similarly-situated persons in need, 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 a long-term, family-like environment in which staff persons provide care.

Habitable Structure: A space in a building for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces and similar areas are not considered habitable spaces.

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, trailer courts, boardinghouses, 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 & 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. Residential and commercial uses shall not share the same entrances. A dwelling unit density of .5 (1/2) dwelling units per 1,000 square feet of the gross floor area devoted to commercial uses may be allowed (structures with less than two thousand (2,000) square feet devoted to commercial uses shall be allowed one dwelling unit). Each 2,000 square feet of commercial must be built first or simultaneously with each family dwelling unit.

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" or "animal" shall refer to equine or equidae, cows, calves, yearlings, bulls, oxen, sheep, goats, lambs, kids, hogs, shoats, and pigs.

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.

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.

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 part, sections or modules and designed to be placed or actually placed on a permanent foundation.

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 herein as a "Motor Court."

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: Land which is landscaped or left in a natural state and is intended for natural or scenic preservation and/or active/ passive recreational uses and their accessory Structures. Where minimum Open Space reservation percentages of a development are required per the Zoning Ordinance, the percentage amount and use restrictions are detailed in the individual zone. The City's Land Development Ordinance also contains "Conservation Area" or "Green Space" requirements that must be met in conjunction with the Zoning Ordinance Open Space requirements.

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 lot or tract of land owned and recorded as the property of the same persons or controlled by a single entity.

Parking Space: The space necessary to park an automobile 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.

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: Planned Developments include R3 Residential Multi-Family, TH-1 Residential Townhouse, PUD Planned Unit Development, POD Planned Development District, MH-1 Mobile/Manufactured Dwelling Parks, RV Recreational Vehicle Parks and PIO Planning Industrial Districts. These zones require a master plan layout prior to zoning/ rezoning. The approved layouts then become the "zoning" for these properties and are considered site plan approval as well unless otherwise noted in the meeting minutes. 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.

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.

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: Any outdoor display of lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, designs, trade names or marks or combination thereof, are arranged, intended, designed, or used as an advertisement, announcement or direction, or to otherwise make known the designation of an individual, firm, association, profession, business, commodity, or product and which may be visible from any public way, regardless of the method of display.

Sign, Banner: Any sign not designed or intended for permanent use made of lightweight fabric or any other similar non-rigid material with no enclosing framework which is mounted to a pole, building, or any other structure at one (1)or more edges. National flags, state or municipal flags, or the official flag of any institution or business shall not be considered banners.

Sign, Beacon: Any light with one (1) or more beams directed into the atmosphere or directed at one (1) or more points not on the same zone lot as the light source; also, any light with one (1) or more beams that rotate or move. An airport, landing pad, lighthouse, water tower, telecommunications tower, or any other beacon required for health and safety purposes and not used for the purpose of calling attention to a business, product, or other commercial activity, is not considered a beacon for purposes of this Ordinance.

Sign, Billboard: An off-premise or off-site sign, other than a locator sign, advertising an establishment, merchandise, product, service, entertainment, etc. which is not sold, provided, manufactured or furnished on the property on which said sign is located.

Sign, Billboard Double Stacked: A single freestanding billboard sign structure that has two (2) sign faces aimed in the same direction of travel where one (1) sign face is positioned above the other sign face. A Billboard Double Stacked Sign may or may not have one (1) or more sign faces aimed in the opposite direction of travel.

Sign, Billboard Merged Stack: A billboard double stacked sign that has been lawfully converted into a single billboard sign face in compliance with all applicable laws and this Zoning Code.

Sign, Canopy: Any sign that is a part of or attached to an awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor service area. A marquee is not a canopy.

Sign, Changeable Copy: A sign upon which the copy may be manually changed, rearranged, or altered or removed without altering the structure of the sign face or support.

Sign, Commercial Message: Any sign wording, logo, or other representation that directly or indirectly, names, advertises, or calls attention to a business, product, service or other commercial activity.

Sign, Construction: Any sign advertising or listing principal contractors, architects, engineers, and/or any establishment involved in the construction being conducted on any construction site.

Sign, Copy: The lettering, parts of letters, words, numerals, figures, phrases, sentences, emblems, devices, designs, trade names, or combinations thereof, either permanent or temporary, that creates the advertisement display on the sign surface or face in either permanent or removable letter form.

Sign, Electronic Changeable Copy: A sign or portion thereof that displays electronic information in which each character, graphic, or symbol is defined by a small number of matrix elements using different combinations of light emitting diodes (LED's), fiber optics, or other illumination devices within the display area. Electronic changeable copy signs include computer programmable, microprocessor controlled electronic displays.

Sign, Face: The surface area of the sign structure where the copy is displayed.

Sign, Face Area: The surface area of any sign structure upon which any copy is displayed, generally but not limited to the entire area contained within the frame or the outside edges of any particular shape, and which is held in place by structural support, or which is mounted to any surface. Only one (1) side of a double-faced sign shall be included in a computation of sign face area.

Sign, Flag: Any fabric, banner, or bunting containing distinctive colors, patterns, or symbols, used as a symbol of a government, political division, or other entity or used as a decorative feature.

Sign, Freestanding: Any sign supported by structures or supports that are placed on, or anchored in, the ground and that are independent from any building or other structure.

Sign, Ground: Any outdoor advertising display sign which is supported by structures or supports in or upon the ground and independent of support from any building.

Sign, Height: The vertical distance from the finished grade at the base of the supporting structure to the top of the sign, or its frame or supporting structure, whichever is higher.

Sign, Illuminated: A sign designed or arranged to reflect light from an artificial source.

A.

Direct Illumination: Light sources, including spotlights and neon tubing, which is attached to the sign face or structure and directed toward the copy area.

B.

Electric Message Center: Light sources arranged in rows, intended and designed to be individually and sequentially lit in such a manner to form letters and/or graphics which may blink on and off, travel, or flash.

C.

Indirect Illumination: Light sources not attached to the sign structure or face area, but which are designed to be directed onto the sign face area.

D.

Internal Illumination: Light sources enclosed in a sign face.

Sign, Incidental: A sign, generally informational, , such as "no parking", "entrance", "exit", "loading only", "drive-through", "menu boards", and other similar directives. No sign with a commercial message legible from a position off the zone lot on which the sign is located shall be considered incidental.

Sign, Integral Roof: Any sign erected or constructed as an integral or essentially integral part of a normal roof structure of any design, such that no part of the sign extends vertically above the highest portion of the roof and such that no part of the sign is separated from the rest of the roof by a space of more than six (6) inches.

Sign, Marquee: A projecting sign which is attached to or hung from a canopy, or a covered structure projecting from or supported by a building, extending beyond the building line.

Sign, Monument: A sign mounted to the ground and designed with a continuous structural element of approximately the same dimension from the ground to the top of the sign.

Sign, Multi-Tenant Locator: A single ground sign which identifies multiple businesses which are all tenants in a single structure, shopping center or complex. A Multi-Tenant Locator Sign must be located on the property that is being leased by the businesses who are displayed on the sign face unless otherwise allowed in this ordinance.

Sign, Mural: A decoration or artwork painted on the exterior wall of a building which may be classified as a sign when it contains lettering, trade emblems or logos. When such items are incorporated, the sign specifications shall be as follows:

A.

Lettering - shall be localized and the area measured to confirm to the size limitations of this Ordinance.

B.

Trade emblems and logos - the entire area of the mural shall be considered to be the sign face area and shall meet the size limitations contained in this Ordinance.

Sign, Name Plate: A name plate not to exceed two (2) square foot in area, to identify the owner or occupant of a dwelling or building.

Sign, Nonconforming: Any sign which does not meet the requirements of the Zoning Ordinance.

Sign, Off Premises: A sign relating to its subject matter which is not located on the site.

Sign, On Premises: A sign relating its subject matter to the site on which it is located.

Sign, Painted Wall: A sign that is not a mural, but which is painted directly on the surface of a structure.

Sign, Plaque: Any sign indicating the name of a building and date and incidental information about its construction.

Sign, Pole: Any sign supported by a pole, or poles, and otherwise separated from the ground by air.

Sign, Portable: A movable sign that is not permanently attached to either the ground or a structure, or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels; signs converted to A- or T- frames; menu and sandwich board signs; handheld signs; caricature signs; balloons and inflatables used as signs; umbrellas used for advertising.

Sign, Portable Billboard: An on-premise portable mobile or LED billboard truck to be permitted on a case by case basis for special events in commercial zones.

Sign, Projecting: Any sign affixed to any building or structure, extending beyond the building wall, structure, or building line by more than twelve (12) inches.

Sign, Public Property/Right-of-Way: Any sign which is suspended, projected, or placed on or above a public right-of-way. Any sign projecting from a building or extending over public property shall maintain a clear height of nine (9) feet above the sidewalk and all such signs shall extend no more than within eighteen (18) inches of the curb line.

Sign, Real Estate: A sign that advertises the sale, lease, rental or development of property.

Sign, Revolving: Any sign erected or constructed to rotate by any electrical, mechanical or natural means.

Sign, Roof: Any sign which is erected, constructed, or maintained above the roof of any building or structure, and gains its principal support from the roof or building facade.

Sign, Shopping Center: See Sign, Multi-Tenant Locator.

Sign Special Events: A sign advertising a planned temporary activity for commercial purposes.

Sign, Suspended: A sign that is suspended from the underside of a horizontal plane surface and is supported by such surface.

Sign, Temporary: Any sign that is used only temporarily and is temporarily mounted to supports

Sign, Temporary Locator: One (1) sign which identifies one (1) or more businesses located within an unfinished shopping center or commercial complex which is shared by the existing businesses in the shopping center or complex and which is located on a part of the shopping center or complex and which is intended to remain only until other users in the shopping center or complex are identified and a permanent Locator Sign can be erected in its place.

Sign, Vehicle: Any sign painted, drawn or affixed to or on a vehicle including an automobile, truck, or trailer.

Sign Wall: A sign entirely affixed directly to the wall of a building or the slope of a mansard-type roof, and/or projecting to a point less than twelve (12) inches beyond the wall surface.

Sign, Window: Any sign, pictures, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale or service, that is placed inside a window or upon the window panes or glass and is visible from the right-of-way.

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.

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.

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 Community Development 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)