Signs are an important visual communication tool that benefits our community and its citizens. The City has determined that signs may be unduly distracting to motorists and pedestrians, and thereby create a traffic hazard and reduce the effectiveness of signs needed to direct the public and therefore regulations are necessary. This sign ordinance is adopted under the zoning authority of the City in furtherance of the more general purposes set forth in the Zoning Ordinance. In the interest of furthering the purpose of this Zoning Ordinance, these sign regulations are herein established to provide for the use, location, and size of signs in a manner that ensures that signs are in harmony with the character of the associated use and surrounding area. More specifically, the purposes of these regulations are to:

•

To encourage the effective use of signs as a means of communication;

•

To maintain and enhance the aesthetic environment and the City's ability to attract sources of economic development and growth;

•

To minimize the possible adverse effect of signs on nearby public and private property and maintain attractive, high value residential, commercial and industrial areas;

•

Control the size, location, and general design so that signs will be aesthetically harmonious and in context with the area in which they are located;

•

Eliminate any conflict that would be hazardous between signs and traffic control signs and traffic control devices; Ensure that signs are located and designed to maintain a safe and orderly pedestrian and vehicular environment; and

•

To enable the fair and consistent enforcement of these sign restrictions.

(Ord. No. 25-2030, 9-2-25)

The objectives of this article are to create a set of guidelines that will result in signs that are an asset to the aesthetic appeal of the community, that are restrained in character, are no larger than necessary for adequate identification and advertising, and are of such design as is consistent with the high graphic standards.

(Ord. No. 25-2030, 9-2-25)

Except as specifically defined therein, each word used in this article has its customary dictionary definition. For the purpose of this article, certain words or terms used are herein defined as follows:

Abandoned: A permitted sign which was erected on property in conjunction with a particular use, which use has been discontinued for a period of thirty (30) days or more, or a permitted, temporary sign for which the permit has expired. Suggested rephrasing - A permitted sign erected in conjunction with a use that has been discontinued for thirty (30) days or more, or a permitted temporary sign with an expired permit.

Administrator: The person designated to administer and enforce the provisions of this article.

Area: The square foot area enclosed by the perimeter of the sign face but shall not include any supporting structure or backing.

Back to Back: A sign constructed on a single set of supports with messages visible on any side, provided that double message boards are physically contiguous.

Banners, Pennants, Balloons: 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 or more edges. National flags, state or municipal flags, or the official flag of any institution or business shall not be considered banners.

Beacon: Any light with one or more beams directed into the atmosphere or directed at one or more points not on the same zone lot as the light source; also, any light with one 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.

Board of Adjustment and Appeals: The duly appointed Board authorized by the appropriate authority to hear and act upon any appeal of a decision of the Administrator or any request for a variance from any provision of this article.

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.

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

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

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.

Campaign: A temporary sign announcing or supporting political candidates or issues in connection with any national, state or local election.

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.

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.

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.

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

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.

Dilapidated: Any sign which is structurally unsound, has defective parts or is in need of painting or maintenance.

Directional: A sign permanently erected or permitted in the public right-of-way or on private property by a governmental agency to provide information to the public.

Directory Sign: A sign listing only the names, use and/or location of more than one (1) business, activity or professional office conducted within a building, group of buildings or commercial center.

Double Faced: A sign with two (2) display areas against each other or where the interior angle formed by the display area is sixty (60) degrees or less, where one (1) face is designed to be viewed from one (1) direction and the other side from another direction.

Electrical: A sign or sign structure in which electric wiring, connections and/or fixtures are used as part of the 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.

Existing: Any sign that was erected, mounted or displayed prior to the adoption of this article.

Façade: The entire building wall, including main street wall face and parapet, fascia, windows, doors, canopy and roof on any complete elevation.

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

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 side of a double-faced sign shall be included in a computation of sign face area.

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.

Flashing: Any lighted or electrical sign which emits light in sudden transitory bursts.

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.

Frontage: The length of the property line of any one (1) premises parcel serving as a public right-of-way line.

Frontage Wall Face: The building façade, excluding parapet, fascia, soffit, mansard and roof, which faces a frontage on the premises.

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.

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.

Identification: A sign indicating the nature, logo, trademark or other identification symbol, address, or any combination of the name, symbols and address of the building, business, development or establishment on the premises where it is located.

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.

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.

Inflatable: A sign that is either expanded to its full dimensions or supported by gasses contained within the sign, or sign parts, at a pressure greater than atmospheric pressure.

Ingress / Egress: A sign which designates only the direction of ingress or egress of a parking area or driveway, such as In, Out, One Way, Do Not Enter or No Exit.

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.

Moving Message Board: Any electrical sign having a continuous message flow across its face by italicization of lights or other electrical impulses forming various words or designs, such as time and temperature.

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.

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.

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.

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 conform 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.

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

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

Occupancy: Any use or activity upon the premises.

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

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

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

Panel: The primary surface of a sign upon which the message of the sign is carried.

Parapet: A vertical false front or wall extension above the roof line.

Pennant: See Banners, Pennants and Balloons

Permitted: A sign for which a valid permit has been issued.

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

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

Political: A sign erected by a political candidate, group or agent thereof, for the purpose of advertising a candidate or stating a position regarding an issue upon which the voters of the City may vote.

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.

Premises: The plat of record which is affected either directly or indirectly by the contents of this article.

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

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.

Real Estate: A temporary sign that advertises the sale, lease, rental or development of property upon which the sign is located.

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

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.

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.

Seasonal / Holiday: A sign used for emphasizing the celebration of an historic American holiday which is erected for a limited period of time.

Shopping Center: See Sign, Multi-Tenant Locator.

Sidewalk / Sandwich: A movable sign not secured or attached to the ground or any building or structure.

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.

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

Structure: A supporting structure erected, used or intended for the purpose of identification or attracting attention, with or without a sign thereon, situated upon or attached to the premises upon which any sign may be fastened, affixed, displayed or applied, provided however this definition shall not include a building, fence, wall, gate or earthen berm.

Snipe: A sign which is tacked, nailed, posted, pasted, glued or otherwise attached to trees, poles, stakes or fences, or to other objects and the advertising matter appearing thereon is not applicable to the present use of the premises upon which such sign is located.

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

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

Time / Temperature: An electrical sign utilizing lights going on and off periodically to display the current time and temperature to the community.

Vehicle: Any permanent or temporary sign painted, drawn or affixed to or on a vehicle including an automobile, truck, or trailer which is displayed to public view which circumstances indicate that the primary purpose of said display is to attract the attention of the public rather than to serve the business.

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.

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.

Window Temporary: A window sign of a temporary nature used to direct attention to the sale of merchandise, or a change in the status of the business, including but not limited to, signs for sales, specials, going out of business and grand openings.

(Ord. No. 25-2030, 9-2-25)

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 Planning Department.

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 Planning 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 Planning Director to the Zoning Board of Adjustment and Appeals.

4.

Uses Permitted and Conditional Uses. Signs allowed for Article XIII - District Regulations (Section 13.1.1 "Uses Permitted", and Section 13.1.2 - "Conditional Uses") 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 Planning 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, except as permitted specifically within this Ordinance or other City ordinances.

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 Planning Director.

F.

Sign types.

1.

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

a.

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

b.

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

c.

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

d.

Incidental/Directional Signs. A sign, 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.

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; Ord. No. 25-2030, 9-2-25; Ord. No. 25-2041, 11-3-25; Ord. No. 25-2042, 12-1-25)

Except as may be hereinafter specifically permitted, 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, PDD, or PID, grant one (1) 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, PDD, or PID.

B.

Signs located in public areas or right-of-ways. 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 premise.

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; handheld signs; caricature signs; inflatable's; umbrellas (used for advertising), except those permitted as Special Event Signs in 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.

H.

Snipe signs.

I.

Sidewalk / Sandwich signs.

J.

Banners, pennants, balloons, flags, portable signs and inflatable signs. See temporary signs and Special Event signs for exceptions.

K.

Off-Premise signs.

L.

Any sign that emits any sound, odor or smoke.

M.

Any sign which obstructs free ingress or egress to a required door, window, fire escape or other required exit way.

N.

Any sign or sign structure which obstructs the view of, may be confused with or purports to be a governmental or traffic direction / safety sign.

O.

Signs painted on or attached to trees, fence posts, pavement, rocks or other natural features, telephone or utility poles.

P.

Abandoned or dilapidated signs.

(Ord. No. 24-2021, § 1, 7-1-24; Ord. No. 25-2030, 9-2-25)

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 not for profit, civic, educational or religious nature are allowed to advertise for a period of two (2) weeks immediately preceding an event provided that:

1.

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

2.

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

C.

New businesses in the City are allowed to advertise with a single sign for a period of three (3) 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.

G.

Alterations/Maintenance. A permit is not required prior to engaging in sign alternations if such alterations involve only:

1.

The changing copy on a permitted changeable copy sign.

2.

The painting or refinishing of the surface of a sign face or sign structure of a permitted sign so as to keep the appearance of such sign as it existed on the date such sign received a permit.

3.

Changes of copy by an owner necessary to correctly identify the business, i.e. phone number, etc. as long as the quality and graphics of the original permitted sign remain the same.

(Ord. No. 24-2021, § 1, 7-1-24; Ord. No. 25-2030, 9-2-25)

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.

1.

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

2.

Such signs shall not be illuminated.

3.

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.

4.

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.

5.

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 seven (7) 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; Ord. No. 25-2030, 9-2-25)

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; Ord. No. 25-2013, 5-5-25)

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 Downtown 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.

1.

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

2.

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

3.

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

4.

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.).

5.

Sign display technology shall be programmed so that the message or image on the sign changes no more than one (1) time per fifteen (15) seconds.

6.

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.

7.

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.

8.

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.

9.

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.

10.

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.

11.

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.

12.

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

13.

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.

14.

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.

1.

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.

2.

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.

3.

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

4.

A digital fuel price sign located on a fuel canopy or the front wall of a building that is only used for the display of current fuel pricing is exempt from being counted in 22.6.H.1, however is still subject to 22.6.H.2 and 3.

(Ord. No. 24-2021, § 1, 7-1-24; Ord. No. 25-2030, 9-2-25)

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)