The fundamental purpose of this Ordinance is to promote the public health, safety, morals and general welfare of the people, the community and the area. This Ordinance is also designed to provide for the orderly development and growth of Foley; to avoid congestion of the public roads and streets; to conserve life, property, natural resources, and public funds; to allow for and encourage the most advantageous uses of land, resources and properties for the general good and benefit to the people of Foley, Alabama.

For the purpose hereinafter stated, the City of Foley is divided into districts of such number, shape and area, and of such community of purpose, adaptability or use, which are deemed most suitable to serve the stated purposes of this Ordinance; to provide for the best general civic use, to protect and preserve the common rights and interests within each district and the general rights, and interests of all; by regulating, limiting, and restricting the location, use, size, type and occupancy of buildings, structures, signs and land.

In order to classify, regulate, and restrict the location of buildings designed for specific uses, to regulate and limit the height, location, type, size and bulk of buildings hereinafter erected or structurally altered, to regulate and limit the intensity of the use of the land area, and to regulate and determine the areas of open spaces within and surrounding such buildings, the City of Foley, Alabama is hereby divided into the following districts.

(Ord. No. 24-2021, § 1, 7-1-2024)

The boundaries of the districts are shown on the map which shall be known as the "Zoning Map". Unless otherwise shown on said Zoning Map, the boundaries of districts are lot lines, the center lines of streets or alleys or such other historical or recognized lines, or the corporate limit lines as they existed at various times. The Zoning Map may be amended from time to time.

The Community Development Director or his/her designee shall make an interpretation of the Zoning Map or this Ordinance upon request of any person. Where uncertainty exists as to the boundaries of any district shown on the Zoning Map the following rules shall apply:

A.

Where boundaries are indicated as following or as approximately following streets, alleys, rights-of-way, section lines, lot lines, or any other natural or artificial line capable of being located on the ground by a surveyor, such lines shall be the boundaries.

B.

In un-subdivided property or tracts where a district boundary divides a lot, the location of such boundaries, unless same is indicated by dimensions, shall be determined by the use of the scale appearing on such maps.

C.

Where boundaries are so indicated that they are approximately parallel to the center lines or street lines of streets or to the center lines or alley lines of alleys or to the center lines or right-of-way lines of highways, such boundaries shall be construed as being parallel thereto and at such distance as given, such dimensions shall be determined by the use of the scale shown on said maps.

D.

In case any further uncertainty exists, the Community Development Director shall have the discretion to determine and interpret the Zoning Map. The Community Development Director shall have the discretion to determine and interpret the provisions, scope, purpose and intent of this Zoning Ordinance and to make decisions based on their interpretation of the same.

No street, park, or other public place, open space, or public building or structure, public utilities (publicly or privately owned) within the jurisdiction of the City of Foley, as specified herein, shall be authorized or constructed without compliance with the provisions of this regulation.

3.6.1.

Zoning Ordinance Applicability.

1.

Public Building, Governmental: While it is encouraged to adhere to specific zoning regulations for Public Building, Governmental in nature, such as parks, public places, open spaces, or public buildings, it is not required. The approval criteria remain in accordance with the requirements outlined in the Code of Alabama, Section 11-52-11. The Planning Commission's review focusing on location, character, and extent, in conjunction with the Comprehensive Plan (master plan).

2.

Public Building, Proprietary: Compliance with the zoning ordinance is mandatory for buildings and uses defined as Public Building, Proprietary. Additionally, the Code of Alabama, Section 11-52-11 review by the Planning Commission is mandatory.

3.

Change in Use or Conditions: When changes occur affecting the status of public buildings, structures and uses, the following provisions apply:

a.

If a public building and/or property ceases to be used for general government purposes, the property shall immediately become subject to the zoning ordinance and other relevant municipal ordinances as applicable.

b.

Upon the sale of public property or a change of use for property used for general government purposes, the buyer or public entity must initiate a rezoning request within sixty (60) days. Failure to initiate this request within the specified timeframe will result in the property being ineligible for subdivision, site plan approval, or a building permit until it has been properly zoned in accordance with this section.

c.

At the discretion of the Planning Commission, a zoning amendment may be initiated through Article V, section 5.3.

3.6.2

Zoning Map Adjustment for Governmental Public Structures and/or Uses: Any public building, use, or structure of a general governmental nature, or the parcel it occupies, currently contains a "zoning" designation, shall have its "zoning" designation removed. The subject parcels should bear an appropriate descriptive title, accompanied by "public use," for example, "Max Griffin Park - Public Use." The review and approval of projects within this category will be exclusively through the Planning Commission pursuant COA, 11-52-11, for location, character and extent.

(Ord. No. 24-2014, 5-6-24)