A.

Permits Required. Except as otherwise provided in this Ordinance, it shall be unlawful for any person to erect, construct, enlarge, move, alter or convert any sign in the City or cause the same to be done, without first obtaining a Building Permit for each sign from the Building Official.

1.

Application for Permit. The City's online application process shall be followed to request a sign permit. The following information is required to assure compliance with all appropriate laws and regulations of the City:

a.

Name and address of owner of the sign.

b.

Name and address of owner or the person in possession of the premises where the sign is located or to be located.

c.

Clear and legible drawings with description definitely showing the location of the sign which is subject of the permit and all other existing signs for that particular business at that location. Signs located at intersections should also provide required Vision Clearance Areas on the drawing as defined in section 22.1.D below.

d.

Drawings showing the dimensions, construction supports size, electrical wiring, components, illumination method, materials of the sign and method of support.

e.

If the sign is or will be located within the Local Downtown Historic District, a Certificate of Appropriateness (COA) must be received prior to permit application.

2.

Denial of Permit. When a permit is denied by the Community Development Director, notice shall be given to the proper applicant with a written statement of the reason or reasons for the denial. Said statement shall be made as an attachment to the permit application.

3.

Appeal of Permit Denial. If the denial is based on the interpretation or enforcement of the Zoning Ordinance, any aggrieved party may appeal the decision or interpretation of the Community Development Director to the Zoning Board of Adjustment and Appeals.

4.

Uses Permitted and Uses Permitted on Appeal. Signs allowed for Article XIII - District Regulations (Section 13.1.1 "Uses Permitted", and Section 13.1.2 - "Uses Permitted on Appeal") shall meet the requirements of the zoning district in which they are located.

5.

Permit Exceptions. The following activities shall not require a permit from the City of Foley, but the sign shall comply with the other provisions of this ordinance:

a.

Altering the advertising copy or message on an existing approved sign or marquee which is specifically designed for the use of replacement copy.

b.

Painting, cleaning or other normal maintenance and repair of a sign not involving structural changes.

B.

Maintenance/Unsafe Signs. Every sign in the City shall be maintained in good structural condition. The Community Development Director may inspect and shall have the authority to order the painting, repair, alteration or removal of signs which become dilapidated or abandoned or which constitute a physical hazard to public safety. Any repair, painting, alteration, or removal will be at the sign owner's expense.

C.

Location.

1.

All signs shall be on premises and may not extend beyond the property lines of the property on which the sign is located nor interfere with any public right-of-way or public easement, except as permitted specifically within this Ordinance or other City ordinances.

2.

No signs shall be erected in public right-of-way or on public sidewalks, except those necessary for regulatory, statutory or traffic control purposes, or other directional signs placed by the City of Foley, Baldwin County, the State of Alabama, or the United States.

D.

Visibility.

1.

No sign shall be located so as to cause a public hazard, obstruct or impair motorists' vision, diminish safe ingress and egress to any property or impede flow of pedestrian or vehicular circulation in parking areas, sidewalks, or public roads.

2.

Signs may not be located within the vision clearance areas, the triangular shaped areas located at the intersection of any combination of streets, alleys or driveways (as defined below). Nothing may be erected, placed, planted or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection. The sides of the triangle extend from the intersection of the pavement or other vehicle travel areas.

a.

Required Vision Clearance Area distances.

b.

Vision Clearance Areas.

3.

Signs must be located to provide unobstructed visibility and shall not be located between the heights of two and one-half (2½) feet and ten (10) feet from grade within the Vision Clearance Areas. Structures and supports must have a combined total width of 12 inches or less and the combined total depth of 12 inches or less.

a.

Vision Clearance Area

E.

Measurement and Calculation Standards.

1.

Sign Height.

a.

The height of a sign shall be computed as the distance from the base of the sign at normal grade (average grade at the base of the sign) to the top of the highest attached component of the sign.

b.

Normal grade shall be construed to be the newly established grade after construction, exclusive of any filling, berming, mounding, or excavating solely undertaken for the purpose of locating or increasing the height of sign.

2.

Sign Width.

a.

The width of a sign shall be measured across the widest portion of a sign that runs parallel to the ground at the base of the sign.

b.

The sign width shall include all structure elements of a sign (e.g., support posts, sign cabinet, etc.).

3.

Sign Face Area.

a.

For sign copy mounted or painted on a background panel, cabinet, or surface distinctively painted, textured, lighted, or constructed to serve as the background for the sign copy, the sign area shall be computed by means of the smallest square, circle, rectangle, triangle, or combination thereof that the extreme limits of the background panel, cabinet, or surface.

b.

For sign copy where individual letters or elements are mounted or painted on a building facade where there is no background panel, cabinet, or surface distinctively painted, textured, lighted, or constructed to serve as the background for the sign copy, the sign area shall be computed by means of the combination of the smallest square, circle, rectangle, triangle, or combination thereof that encloses all the letters or elements associated with the sign.

c.

The calculation of sign area shall not include any supporting framework, bracing, or decorative fence or wall unless such structural support is determined to constitute an integral part of the sign design by means of text or other commercial message, as determined by the Community Development Director.

F.

Sign types.

1.

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

a.

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

b.

Pole/Pylon Signs. Any sign supported by a pole, or poles, and otherwise separated from the ground by air.

c.

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

d.

Incidental/Directional Signs. A sign, 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 zoned lot on which the sign is located shall be considered incidental.

2.

Attached Signs.

a.

Wall Signs. 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.

b.

Suspended/Hanging Signs. A sign that is suspended from the underside of a horizontal plane surface and is supported by such a surface.

c.

Projecting Signs. Any sign affixed to any building or structure, extending beyond the building wall, structure, or building line by more than twelve (12) inches and no more than eighteen (18) inches. (For Local Downtown Historic District properties, refer to the Design Guidelines.)

d.

Canopy/Awning Signs. 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.

e.

Marquee Signs. 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.

f.

Mural Signs. 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:

1.

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

2.

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.

g.

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

h.

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

3.

Methods of Illumination.

a.

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

b.

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

c.

Internal. Light sources enclosed in a sign face.

d.

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. (See section 22.6 for further details and requirements.)

G.

Non-Conforming Signs.

1.

Signs Eligible To Be Considered "Legal Non-Conforming". Any sign located within the city limits on the date of the adoption of this Ordinance or located in any area annexed to the City hereafter which does not conform to the provisions of this Ordinance, is eligible for characterization as a "Legal Non-Conforming" sign and is permitted, provided it meets the following requirements:

a.

A permit had been issued for the construction of such sign prior to the date of the adoption of this Ordinance, if one was required under any other or prior city ordinance, or if no sign permit was required under any prior applicable City ordinances for the sign in question, the sign must have been in compliance with the prior applicable City ordinances as of the date of the adoption of this Ordinance.

b.

If a sign was in compliance with all applicable regulations and laws prior to being annexed into the City of Foley, but is either prohibited or fails to conform with the Zoning Ordinance after annexation, then such sign may be considered a legal non-conforming sign.

2.

Loss Of Legal Non-Conforming Status. A legal non-conforming sign shall immediately lose its legal non-conforming status upon the occurrence of one or more of the events listed in this Zoning Ordinance, pursuant to state law, or when there is a change in:

a.

The type of use or occupancy type on the property on which the sign is located;

b.

The location, size, height, or type of sign; or

c.

The amount of frontage such that the existing sign would not be permitted by this Ordinance.

d.

A sign, being a structure, is also subject to the provisions of section 6.2.2 of this ordinance in regard to a prohibition of restoration after damage greater than 50% of its current replacement value.

(Ord. No. 24-2021, § 1, 7-1-24)

The following signs are prohibited in the City of Foley, and no permits for the construction of these signs will be issued, and all existing signs of this nature that are now in the corporate limits of the City of Foley or may hereafter come into the corporate limits of the City of Foley will either be classified as legal non-conforming or unlawful.

A.

Billboards, provided, however, the Planning Commission may, as part of its approval of the Master Signage Plan (MSP) for a PUD, POD, or PIO, grant one or more lots in the development the option to locate their ground sign(s) in specifically defined locations in a common area of that same PUD, POD, or PID.

B.

Signs located in public areas or rights-of-way. With the exception of: Signs erected by or on behalf of the governmental entity responsible for maintenance and repair of said right-of-way, including signs posting legal notices, identifying public property, conveying public information, and signs directing or regulating pedestrian or vehicular traffic to businesses or other locations; bus stop signs erected by a public transit company; informational signs of a public utility regarding its poles, lines, pipes, or facilities; and awnings, projecting and suspended signs which conform to the conditions of these regulations.

C.

Vehicle Signs: except those vehicles used in normal day-to-day operations of the business. Vehicles parked for more than three (3) consecutive days are not considered regularly used in the conduct of normal day-to-day business. Vehicle signs used in normal day-to-day business shall be parked to the rear or side of businesses when possible. When rear and side parking is not possible vehicles shall be parked at a minimum of one hundred (100) feet from all highways and expressways. No vehicle signs shall be parked in the City right-of-way, unless the business has no other parking areas on-premises.

D.

Portable Signs: A moveable 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; sign converted to A- or T- frames; menu and sandwich board signs; feather flags; pennants; handheld signs; caricature signs; inflatable's; umbrellas (used for advertising), except those permitted as Special Event Signs in Sec. 22.4 Exempt Permit Signs or those which may be allowed in an applicable Overlay District.

E.

Roof top signs.

F.

Beacons and Revolving signs.

G.

Flashing signs, traveling lights or intensely lighted signs.

(Ord. No. 24-2021, § 1, 7-1-24)

The following temporary signs are allowed with the following conditions, and do not require a permit. This section specifically excludes Special Event Signs/Displays as described in Section 22.4, Exempt Permit Signs.

A.

Temporary signs shall not be illuminated.

B.

Drives or events of a civic, educational or religious nature are allowed to advertise for a period of two (2) weeks provided that:

1.

The sign is non-electric.

2.

The sign face must be less than thirty-two (32) square feet.

3.

They may be located on- and/or off-premises, provided it is not in the public right-of-way nor causing a traffic hazard (see 22.1.D - Visibility).

C.

New businesses in the City are allowed to advertise with a single sign for a period of two (2) weeks provided that:

1.

The sign is non-electric.

2.

The sign face must not exceed thirty-two (32) square feet.

3.

The sign is located on premises and is not located in the public right-of-way nor causing a traffic hazard (see 22.1.D - Visibility).

D.

Real Estate Signs:

1.

Real Estate "For Sale" or Rental Signs (Residential):

a.

Two (2) signs per property advertising the sale or rental are allowed on-premise and two (2) signs are allowed off-premise.

b.

Must not exceed four (4) square feet of copy area per sign.

c.

Such signs shall not be permitted for a period longer than thirty (30) days after closing the sale or rental of the property.

2.

On-Premises Real Estate "For Sale" or "For Rent" Signs (Commercial):

a.

One (1) real estate "For Sale" or "For Rent" sign for commercially zoned properties is allowed for properties with up to five hundred (500) linear feet of frontage. An additional sign is allowed for each additional five hundred (500) feet of frontage.

b.

Must be located entirely within the property.

c.

Must not exceed thirty-two (32) square feet of copy area per sign.

d.

Such sign(s) shall be removed within thirty (30) days of closing the sale or rental of the property.

3.

Off-Premises Real Estate "For Sale" or "For Rent Signs (Commercial):

a.

One (1) sign advertising the selling or rental of such property is permitted

b.

Must not exceed four (4) square feet of copy area.

c.

Such sign shall be removed within thirty (30) days of closing the sale or rental of the property.

4.

Construction Signs:

a.

Must not exceed thirty-two (32) square feet of sign face.

b.

May be placed no sooner than actual demolition or construction activities begin and may continue until the permanent sign is erected or the certificate of occupancy is issued, whichever comes sooner.

c.

Such sign shall not be located in the public right-of-way nor cause a traffic hazard (see 22.1.D - Visibility).

5.

Model Homes:

a.

Temporary A-frame signs shall be allowed in residential zones only to be located on the lot of the model home during the business hours in which an agent(s) is present.

E.

Campaign or Election Signs are exempt provided that:

1.

Signs advocating or opposing a public office or a position on an issue to be determined at an election shall not exceed twelve (12) square feet in residential districts. In all other zoned districts, signs shall not exceed thirty-two (32) square feet.

2.

Signs advocating or opposing a public office or position on an issue to be determined at an election shall be removed within ten (10) days after the election for which they were erected. In the event of a runoff election, signs may be displayed until the runoff election and then shall be removed within ten (10) days of the runoff election.

3.

Property owners shall be held responsible for violations of campaign and election signs.

4.

No signs shall be allowed in the public right-of-way, project into or overhang any right-of-way or be attached to any utility pole within the right-of-way.

F.

Decorative Displays.

1.

Single balloons under twenty-four (24) inches in circumference that do not contain copy are considered decorative.

2.

Flags that display seasonal, holiday, governmental and political displays are considered decorative.

(Ord. No. 24-2021, § 1, 7-1-24)

Temporary special use or event signs and displays are allowed but only under the following conditions and requirements:

A.

Special event signage and displays require an Exempt Permit (no fee required) found in the City's online permitting system under Planning & Zoning - Special Event Signs/Displays prior to the erection and placement of any such temporary sign or display. Such signs and displays shall be specifically described in writing as to their type and reason for special event.

a.

Signs shall not exceed five (5) feet in height except for portable billboards.

b.

Such signs shall not be illuminated.

c.

For all lots containing multiple businesses, the property owner shall be responsible for all signage placed on the property, regardless of who erects the sign.

d.

All such signs shall not be placed within ten (10) feet of the street right-of-way or in any other way as to obstruct the view of motorists or pedestrians.

e.

An individual business shall be allowed a maximum of six (6) special event sign permits per calendar year, each of which shall be valid for four (4) consecutive days starting from the date of registration issuance or as noted on the registration.

B.

The following types of signs/displays which attract attention to a particular business may be registered as special event signs/displays:

(Ord. No. 24-2021, § 1, 7-1-24)

A.

Planned District Signage. A Master Signage Plan (MSP) is designed to benefit the community in administering its sign regulations within a planned development and is required for the following zoning designations: Planned Unit Development (PUD), Planned Development District (PDD), and Planned Industrial District (PIO). The Planning Commission will review the location, size, and other information to approve ground signs in common areas advertising specific businesses within a development. The Planning Commission may also review and approve any unique requests for other signage in these zones. The required information includes:

1.

An accurate plot plan of the Development at a legible scale;

2.

Location of signage for common areas, buildings, parking lots, driveways, amenities, landscaped areas and others;

3.

An accurate indication of the proposed location of each present and future sign.

4.

Size of the total Sign Face Area, the area of each individual sign, the height of the signs, an outline of the Sign Structure, and any electronic signage being requested.

5.

A detailed description of any relaxation or exception that is being requested from the sizes shown in the following charts.

6.

Documentation of who will be responsible for the maintenance and upkeep of the ground signs.

B.

Residential Signage.

1.

The following Zones are considered "residential" for the purposes of these sign regulations: R-1R, R-1A, R-18, R-1C, R-10, R-2, R-3, R-4, GPH-1, TH-1, MH-1, RV Park, and residential areas of a PUD, POD, or AO

C.

Commercial/Industrial Signage.

1.

The following Zones are considered "commercial/industrial use" for the purposes of these sign regulations: B-1, B-1A, B-2, B-3, M-1, Commercial & Industrial areas of a PUD or PDD.

2.

Painted Murals on the sides of buildings are allowed and are not considered to be a sign unless copy is included which advertises a business or service. If copy is included, this is a sign and must comply with this ordinance.

3.

If a business does not have a ground sign, the wall sign may be increased by the square footage of the allowed ground sign.

4.

Signs for free standing single tenant retail establishments in excess of 100,001 sf may increase by 10% for each additional 100,000 sf.

5.

Based on street frontage, the total sign face area (wall & ground) as determined by following Commercial charts below may be increased as follows:

6.

The square footage of structures listed in the Purpose column of the chart below refers to the footprint of the ground foundation.

D.

Office Signage.

1.

The following areas are considered "office use" for the purposes of these sign regulations: Office areas of a PUD or PDD.

E.

Other Signage.

(Ord. No. 24-2021, § 1, 7-1-24; Ord. No. 25-2004, 2-3-25)

Electronic changeable copy (ECC) signs may be permitted as a detached freestanding or attached flat sign as follows:

A.

Not allowed in the City of Foley Historic Overlay District, regardless of zone.

B.

Allowed in zones: B1A, Extended Business District; B2, Neighborhood Business District; B3, Local Business District; M1, Light Industrial District; and Open Space/Preservation District.

C.

Allowed in the commercial or industrial portions of a Planned Zone (PIO, Planned Industrial District; PUD, Planned Unit Development; or POD, Planned Development District), when specifically included as a part of a Master Signage Plan (see section 22.5.D.l).

D.

The signs must meet all size and Vision Clearance Area requirements for the zoning and/or overlay district in which they are located.

E.

May not display messages that do not pertain to business conducted on the premises on which the sign is located, unless otherwise exempted or a public service announcement.

F.

Display of any message must be static. There shall be no effects of movement, flashing, scintillation, or similar effects in the individual images.

G.

Detached Freestanding Electronic Sign Requirements.

a.

The ECC sign must be located on the site of the use identified or advertised by the sign.

b.

No more than one (1) ECC sign with a maximum of two (2) parallel sides is permitted per lot of record.

c.

Lots with multiple businesses shall be allowed one (1) detached freestanding ECC sign to service all businesses located on that lot.

d.

ECC signs may not display colors, words, or images that interfere with or mimic a traffic control signal or device. (i.e. - "STOP", "GO", "DANGER", etc.).

e.

Sign display technology shall be programmed so that the message or image on the sign changes Electronic changeable copy signs shall change no more than one (1) time per ten (10) seconds.

f.

Changes of image shall be substantially instantaneous as seen by the human eye and shall not use fading, rolling, window shading, flashing, spinning, rotating, dissolving, or similar effects as part of the change.

g.

Detached electronic changeable copy ECC signs must form an integrated portion of an on-premises detached sign. The electronic changeable copy portion of the detached sign may be separated from the remainder of the sign. If the electronic message center portion of the sign is being utilized after sunset, the existing static portion of the sign must be functioning, illuminated, and readable.

h.

The area of the electronic changeable copy ECC sign may comprise no more than fifty percent (50%) of the surface area of the allowable detached sign of which it is a part. Neither shall any portion of the electronic changeable copy ECC sign project above the height of the permanent detached signage. Electronic changeable copy signs ECC message centers are secondary to the permanent non-changeable portions of the sign and should be designated designed in this regard.

i.

An electronic changeable copy ECC sign shall be included in the calculation of the total permitted sign area of the detached sign of which it is a part.

j.

The sign must have a light sensing/dimming device to control the maximum light intensity. The sign should be dimmed down 90% to a minimum 10% brightness at night. Electronic changeable copy signs must have an automatic dimmer control to produce a distinct illumination change from a higher illumination level to a lower level (10% of max brightness) for the time period between one-half hour before sunset and one-half hour after sunrise. In addition, it must also be able to respond to lighting level changes occurring due to atmospheric conditions.

k.

Electronic changeable copy signs located within any residential district are allowed only for neighborhood identification signs and bed and breakfasts, as permitted by special exception. The leading edge of an electronic changeable copy ECC sign located in any district must be a minimum distance of one hundred (100) feet from an abutting occupied single-family residential district boundary. An electronic changeable copy ECC sign may not face an abutting residential district.

l.

Electronic changeable copy ECC signs must be separated from other electronic changeable copy ECC signs by at least fifty (50) feet.

m.

All electronic changeable copy ECC signs will be maintained in proper working order.

i.

If at any time the programming or technology that controls the brightness, time/date on message, or any other required visual display characteristic fails or malfunctions and is determined to be a hazard to the safety of the traveling public, the sign shall be immediately turned off, disconnected or disabled.

ii.

Any dead zones or non-illuminated portions of the signs shall be replaced or repaired within fourteen (14) working days, or as soon as possible conditions allowing, or the use of the sign shall be discontinued.

n.

If at any time subsequent to the adoption of this Section of the Zoning Ordinance any portion of these regulations is deemed to be a safety hazard by the City of Foley, the City reserves the right to modify said regulations and all existing signs shall be modified to conform to the safety-related modifications.

H.

Attached flat electronic sign requirements.

a.

A maximum of one (1) single sided attached ECC wall sign is permitted for a site that does not contain any other electronic changeable copy ECC sign, detached or wall mounted.

b.

Such signs may not exceed thirty-two (32) square feet in area and will be counted toward the calculation for maximum signage for the building and must comply with all other applicable provisions of this ordinance.

c.

Wall mounted signs shall not be oriented toward adjacent residential uses.

(Ord. No. 24-2021, § 1, 7-1-24)

If a property is located within an overlay district, that Overlay District's specific signage rules and relaxations will override the rules stated within Article XXII in the event of a conflict.

(Ord. No. 24-2021, § 1, 7-1-24)