25.1.1

Definitions.

A.

Historic District shall mean the Foley Downtown Area Historic District.

B.

Historic District Overlay shall mean the site development regulations and criteria applicable within the Historic District Overlay Boundaries.

C.

Historic District Overlay Boundaries shall mean all property located within the Foley Downtown Area Historic District.

25.1.2

Purpose.

The purpose of the Historic District Overlay is to establish flexible land development requirements that preserve and maintain the existing character of historically significant areas by formulating site development regulations and criteria that allow compatible or similar development within the Foley Downtown Area Historic District.

25.1.3

Applicability.

The regulations and criteria of the Historic District Overlay are applicable to the geographic area within the Historic District Overlay Boundaries. The underlying zoning standards regulating the use of land within the Historic District Overlay Boundaries remain applicable. Properties within the Historic District Overlay Boundaries shall comply with the Historic District Overlay in addition to the existing regulations of the underlying zoning classification(s).

25.1.4

Regulations and Criteria.

The Historic District Overlay shall be subject to the following regulations and criteria:

A.

Shall be determined by the underlying zoning classification(s).

B.

All new construction and all alterations and demolition to existing structures and buildings and any material changes in the exterior appearance of a property, building, structure, site, object or work of art within the Historic District Overlay Boundaries, in addition to compliance with the above district requirements (as set forth in the underlying zoning district), and other adopted ordinances.

A layer defining the Historic Overlay District boundary will be provided in the online Foley Zoning Map.

(Ord. No. 24-2021, § 1, 7-1-24)

All ordinances and laws of the City of Foley, Alabama, or parts thereof, which are in conflict with the provisions of this ordinance, are hereby repealed.

In the event any section, subsection, sentence, clause or phrase of this Ordinance shall be declared or held invalid or unconstitutional by any court of competent jurisdiction, such holding shall in no manner affect the other sections, subsections, sentences, clauses or phrases of this Ordinance, which shall remain in full force and effect, as if the section, subsection, sentence, clause or phrase so declared or held invalid or unconstitutional were not originally a part thereof.

This ordinance shall become effective immediately upon its adoption and publication.

The FDOD focuses on the preservation and rehabilitation of historic buildings and/or new structures and their elements. The goal for alterations to non-contributing buildings and new construction in the FDOD is to ensure compatibility with existing and new development. The intent is to foster a strong viable downtown as a walkable commercial, civic, residential and cultural art center with its own unique identity.

The FDOD is established to serve as an overlay to the established base zoning district. Base districts within the FDOD include B1 (Central Business District) and B1A (Extended Business District). Except as modified by the FDOD, the provisions of the base district shall apply to all development within the boundary. In the event the regulations conflict, the applicable FDOD regulations shall apply.

A map of the FDOD overlay boundary is included in the Zoning Ordinance (see Appendix Exhibit A), and a layer containing the FDOD boundary will be provided in the online Foley Zoning Map.

(Ord. No. 24-2021, § 1, 7-1-24)

A.

Uses/Structures Permitted: Stores selling food; restaurants; general merchandise such as apparel, furniture, housewares and household wares, drugs and sundries, jewelry, gift items, flowers, sporting goods, and similar types; small dry cleaning and laundry pick-up stations; barber and beauty shops; shoe repair shops; offices; banks; post offices and similar services; any retail business not specifically restricted herein; hotels/motels; joint residential and commercial use.

B.

Uses/Structures Permitted on Appeal: Manufacturing incidental to a retail business where articles are sold at retail on the premises; and pet stores.

C.

Uses/Structures Prohibited: Any use or structure not specifically permitted or permitted on appeal in this Section or in Section 13.1.1 or 13.1.2 of Article XIII including kennels; pawn shops; tattoo and body art shops; towing company storage yards; industrial uses not specifically permitted herein; mobile/manufactured dwellings; RV's; and wholesale business.

Sandwich-type board signs are allowed on the sidewalk/right-of-way but shall not be an impediment to pedestrian traffic or block required ingress/egress paths of existing businesses. The signs are only allowed during the hours the business is open to the public and must be placed in front of the store front. The signs cannot exceed six (6) square feet.

Merchandise may be allowed on the sidewalk/right-of-way but shall not be an impediment to pedestrian traffic or block required ingress/egress paths of existing businesses. Only merchandise permitted to be sold on the premises may be displayed outdoors. Merchandise is only allowed during the hours the business is open to the public and must be placed directly at the store front.

Sidewalk dining areas, extending from existing restaurants, on the public right-of-way must be approved by City staff. If City staff has any concerns with the request, it may be forwarded to City Council for a decision. The areas cannot be an impediment to pedestrian traffic or block required ingress/egress paths of existing businesses. The number of allowable outdoor seats shall be no greater than thirty (30%) percent of the total permitted occupancy inside the restaurant. This use may require temporary buffers for the safety of the diners.

Temporary approval may be granted on the sidewalk/right-of-way but must be approved by City Council. The vendors cannot be an impediment to pedestrian traffic or block required ingress/egress paths of existing businesses. Vendors must have proper licenses to operate including, but not limited to, a City of Foley business license.

Temporary approval may be granted on the sidewalk/right-of-way but must be approved by City Council. The vendors cannot be an impediment to pedestrian traffic or block required ingress/egress paths of existing businesses. Vendors must have proper licenses to operate including, but not limited to, a City of Foley business license.

The FBEOD focuses on providing good traffic flow by incorporating limited access along the roadway and easy ingress/egress to developments. The FBEOD establishes a defined corridor for appropriate consideration of annexation, zoning, and overall consistency of architectural and streetscape elements. The Future Land Use map recommends the following land uses: Mixed Use: Commercial/Residential; Retail Commercial Nodes at Major Intersections; Greenspace/Greenway as Civic or Public Benefit; and Industrial Parks. The intent is to foster an atmosphere of creative development allowing the Foley Beach Express to become a destination for living, recreation and working.

The FBEOD is established to serve as an overlay to the established base zoning district. Except as modified by the FBEOD, the provisions of the base district shall apply to all development within the boundary. In the event the regulations conflict, the applicable FBEOD regulations shall apply.

A map of the FBEOD overlay boundary is included in the Zoning Ordinance.

A.

Uses/Structures Permitted: Stores selling food; restaurants; general merchandise such as apparel, furniture, housewares and household wares, drugs and sundries, jewelry, gift items, flowers, sporting goods, and similar types; small dry cleaning and laundry pick-up stations; barber and beauty shops; shoe repair shops; pet grooming; offices; banks; post offices and similar services; any retail business not specifically restricted herein; hotels/motels; joint residential and commercial use.

B.

Uses/Structures Permitted on Appeal: Manufacturing incidental to a retail business where articles are sold at retail on the premises.

C.

Uses/Structures Prohibited: Any use or structure not specifically permitted or permitted on appeal in this Section or in Section 13.1.1 or 13.1.2 of Article XIII including kennels; pawn shops; tattoo and body art shops; towing company storage yards; automobile repair, major; industrial uses not specifically permitted herein; and mobile/manufactured dwellings.

(Ord. No. 19-2025, 10-7-19)

Proposed development must submit to the Planning Commission for approval a detailed site layout plan or master plan. Each development should have an individualized layout and street grid pattern supporting internal traffic circulation with limited access to the Foley Beach Express and alternative access to feeder roads and adjacent residential areas.

Site Plan Contents:

A.

Most recent survey showing all property boundaries and easements.

B.

All bordering streets, avenues, roadways, or other public ways.

C.

Parking lots, ingress and egress, proposed and existing landscaping.

D.

Placement and dimensions of proposed and existing structures.

E.

Proposed colors and facades of structures.

F.

Locations and types of signage.

G.

Use/Occupancy type of the property and structures.

H.

Tax parcel number of lot or lots proposed for use.

I.

The site plan shall be of a scale not to be greater than one (1) inch equals twenty (20) feet nor less than one (1) inch equals one hundred (100) feet and of such accuracy that can readily interpret the site plan, and shall include more than one (1) drawing where required for clarity.

Building heights including parapets and other architectural embellishments should be varied reflecting the individualized character of retail architecture. All street level units should serve a retail or commercial purpose; upper stores may serve additional retail, commercial, professional office space or residential uses.

No matter which way a structure faces, buildings adjacent to the Foley Beach Express should present an architectural façade, or use landscaping areas, on the Foley Beach Express side of the structure for aesthetic appeal. In some developments it may be appropriate to incorporate service alleys for facilitating development of multiple-sided street frontages. However, other parts of a development may benefit from holding street activity to one (1) side, while the back side may incorporate a parking deck or other parking facilities as well as service accommodations.

While primary entry points would relate to major intersections along the Foley Beach Express, site development patterns should facilitate internal traffic circulation and incorporate multiple options for gaining access to and from the development. This reduces the need for local traffic on the Foley Beach Express by ensuring connection to the surrounding neighborhoods. Entry points should address the Foley Beach Express with Gateways. Entry streets should contain building facades oriented in a manner to provide interest to the Foley Beach Express travelers.

All exterior finishes should reflect local or regional design, consistent within the development. As with building heights, materials, size and placement of windows and doors, awnings, overhangs and paint selections should be varied throughout the development. The plan would discourage the City from approval of architectural specifications which contain repetitive features often referred to as "cookie cutter" design schemes.

Traditional street front parking should be incorporated for purposes of convenience and in keeping with the typical and desirable look of an active, populated, and vibrant town center. Additional parking should be buffered with landscape and vegetated material in accordance with City landscape standards.

The City encourages sidewalks, bicycle accommodations and other methods of alternative transportation. Sidewalks should be of comfortable width (in no case less than five (5') feet) and may have varied surfaces ranging from concrete to brick and stone. Sidewalks and bike lanes should connect throughout any development and adjacent neighborhoods. Attractive bicycle racks should be incorporated throughout the development. The adopted Bicycle and Pedestrian Plan should be used as a guideline.

If applicable, each site review should include connection to the proposed greenway system adopted as part of the City of Foley Comprehensive Plan.

Sandwich-type board signs are allowed on the sidewalk/right-of-way but shall not be an impediment to pedestrian traffic or block required ingress/egress paths of existing businesses. The signs are only allowed during the hours the business is open to the public and must be placed in front of the store front. The signs cannot exceed six (6) square feet.

Merchandise may be allowed on the sidewalk/right-of-way but shall not be an impediment to pedestrian traffic or block required ingress/egress paths of existing businesses. Only merchandise permitted to be sold on the premises may be displayed outdoors. Merchandise is only allowed during the hours the business is open to the public and must be placed directly at the store front.

Sidewalk dining areas, extending from existing restaurants, on the public right-of-way must be approved by City staff. If City staff has any concerns with the request, it may be forwarded to City Council for a decision. The areas cannot be an impediment to pedestrian traffic or block required ingress/egress paths of existing businesses. The number of allowable outdoor seats shall be no greater than thirty (30) percent of the total permitted occupancy inside the restaurant. This use may require temporary buffers for the safety of the diners.

Temporary approval may be granted on the sidewalk/right-of-way but must be approved by City Council. The vendors cannot be an impediment to pedestrian traffic or block required ingress/egress paths of existing businesses. Vendors must have proper licenses to operate including, but not limited to, a City of Foley business license.

Temporary approval may be granted on the sidewalk/right-of-way but must be approved by City Council. The vendors cannot be an impediment to pedestrian traffic or block required ingress/egress paths of existing businesses. Vendors must have proper licenses to operate including, but not limited to, a City of Foley business license.

The purpose of the Alabama Coastal Connection Scenic Byway is "to identify, preserve, protect and enhance scenic, historic, natural, recreational, cultural and archaeological resources; enhance recreation; and, promote economic development through tourism and education in the history, culture and natural beauty of the City of Foley and coastal Alabama." A map of the Byway can be found at www.alabamacoastalconnection.com.

A.

Purpose. The purpose of the Foley Medical District Overlay District is to allow areas for the concentration of medical facilities and related uses in a campus like setting to enable the provision of a wide range of medical services to enhance the public's health, safety and general welfare and allow for the continuation and flexible expansion of the hospital, medical clinics and associated uses in a planned and coordinated manner so existing and future uses can respond and adapt to changes in technology, the medical profession, and society as a whole.

The primary uses in the Medical District Overlay District are hospitals, medical clinics, pharmaceutical businesses, medical technology research and related uses. Related uses may be located within the hospital or clinic buildings or as independent uses within the overlay district area. The overlay zone is intended to enhance the underlying zones.

B.

Applicability. Provisions of the FMOD apply to all properties within the boundaries of the FMOD as shown on the boundary map, Figure 25. Where there is a conflict between the provisions of the FMOD and those of other portions of the zoning ordinance, the provisions of this overlay district shall control.

C.

Permitted Uses. Irrespective of the current zoning of properties within the Medical Overlay District following uses shall be permitted by right subject to applicable standards and processes:

1.

Medical and health care uses including hospitals, outpatient clinics, continuing/long term care services, hospice services, laboratories, medical research facilities, medical educational facilities, urgent or emergency medical services, offices of doctors, physical therapists, dentists and other health care providers (both public and private).

2.

Medical staff facilities and similar uses, including, but not limited to, administrative offices, educational and meeting facilities and staff sleeping quarters;

3.

Childcare and adult care services, including respite care;

4.

Short-term residential uses dependent upon or directly related to medical care, including convalescent care facilities, skilled nursing facilities, group homes for the disabled and overnight accommodations;

5.

Health care related retail (i.e. pharmacy, medical supplies and equipment, medical cannabis dispensaries);

6.

Social service providers including counseling centers and alcohol and drug treatment facilities;

7.

Accessory parking;

8.

Utilities and public facilities;

9.

Retail Stores with the following stipulations:

a.

Must be ancillary or common to areas around medical facilities. Examples include, but are not limited to: coffee shops, pharmacies, book stores, florists, medical supply stores, and retail banking.

b.

All retail facilities shall have a maximum square footage of ten thousand (10,000) square feet.

D.

Conditional Uses. The following uses require an additional conditional use permit for approval:

1.

Medical helicopter landing pad on the following conditions:

a.

The landing pad meets the Alabama Department of Transportation and Federal Aviation Administration requirements and conditions.

2.

Facilities for the treatment and/or temporary storage of biomedical, radioactive and hazardous waste generated within the overlay district; provided however that no materials may be transported to the site from other facilities for storage or treatment purposes.

E.

Site Plan Requirements. All development within the Medical Overlay District shall be governed by a site plan, constituted as a binding site plan and shall be reviewed and approved by the Planning Commission. In addition to other applicable sections of the Zoning Ordinance, the site plan shall include the following:

1.

Architectural elevations of proposed structures. There should be continuity of character and building materials throughout the development and with adjacent development in the Medical Overlay to enhance a campus setting. Building(s) design must provide focal points highlighting the primary entrance(s), and architectural articulation and embellishments to avoid long blank walls and a scale appropriate to the setting. Building heights including parapets and other architectural embellishments should be varied reflecting the individualized character of medical and office architecture. Any part of a building, visible from a public right-of-way must present an architectural façade, or use landscaping areas, to present an aesthetically appealing appearance.

2.

Open active space plan. When two (2) or more buildings are proposed for a site, a plaza or courtyard should be incorporated into the site design with the intent to create a useful courtyard or plaza settings for users of the facilities. A site plan indication the location, type and extent must be provided. These areas should be designed with pavers or other acceptable hardscape and landscaped areas in order to provide a place for the public to sit and enjoy the outdoors.

3.

Landscape plan. Minimum landscaping shall be as required in Section 10.2.3; provided however, that additional landscaping may be required by the by the Planning Commission at the time of site plan approval to achieve the following effects:

a.

Effective screening of off-street parking areas and eliminating monotony of parking areas;

b.

Effective buffering of adjacent residential uses;

c.

Enhance the building architecture and on-site landscaping;

d.

Streetscape plantings are required as part of the site plan; including street trees.

e.

Additional landscaping within setback areas to mitigate adverse noise, light, glare, and aesthetic impacts to adjacent residential properties from new development may be required.

4.

Lighting plan. A Lighting plan shall be provided indicating type and height of lighting throughout the site and along all pedestrian paths and building entrances. Lighting spillover offsite is discouraged. Lighting wall packs and similar lightning techniques and methods are prohibited.

5.

Vehicular and pedestrian circulation plan. The development should have accessible pedestrian connections beyond standard sidewalks along the street and between buildings. Special attention should be paid to crosswalks, connections between parking lots serving adjacent uses and interior walkway connections. Connectivity should be carefully planned to prevent pedestrian-vehicle conflicts in vehicular ways and parking spaces.

6.

Rooftop Equipment. All rooftop equipment must be organized. proportioned, detailed and screened with parapet walls that are colored or finished with materials that make them an integral element of a building.,

7.

Fencing/Walls. The use of fencing shall ensure that nonresidential properties are integrated into a campus style of development yet still provide an appropriate barrier or separation from adjacent residential properties.

8.

Signage. Limited to ground and wall signs only. Low-profile signs shall not exceed six (6) feet in height and thirty-six (36) square feet per side with a maximum of two (2) sides. When multiple buildings are proposed, a consistent wayfinding system is encouraged.

Figure 25

(Ord. No. 23-2017, 8-7-23)