The following general regulations pertain to the administration, enforcement, and compliance with this Ordinance.

6.1.1

Application of This Ordinance.

No structure shall be constructed, erected, placed, maintained or permitted to exist, and no land, structure, dwelling or building shall be used within the corporate limits of the City of Foley, as they may now or hereafter exist, except as specifically authorized by this Ordinance.

6.1.2

Prohibitions.

Except as otherwise expressly provided in this ordinance;

A.

No land may be used except for a purpose permitted in the district in which it is located;

B.

No building or structure shall be used except for a use permitted in the district in which the structure or building is located;

C.

No building or structure shall be erected, enlarged, reconstructed, moved, or altered; to include change in use; except in conformity with the regulations, prohibitions and limitations on buildings and structures for the district in which the building or structure is located;

D.

The minimum building line, parking spaces, open spaces, including lot area per family, required by this Ordinance for each and every building existing at the time of the passage of this Ordinance or for any building hereafter erected, shall not be encroached upon or considered as building or open space for any other building, nor shall any lot area be reduced below the requirements of this Ordinance;

E.

Every building hereafter erected or altered shall be located on a lot as herein defined. Only one (1) principal building and its customary accessory building may be erected on any lot in any R-1R, R-1A, R-1B, R-1C, R-1D, R-2, R3, R4, GPH-1, TH and MH-1. Accessory Dwelling Units must meet zoning, building, fire and other regulations & obtain all required permits.

F.

Lots shall meet the minimum lot size requirements specified herein for their zoning district except that where public utilities are not available. Baldwin County Health Department Regulations shall apply in these instances.

6.1.3

Joint Occupancy.

No building, structure or dwelling unit shall be erected, structurally altered for, or used as a family dwelling simultaneously with any non-residential use, except as specifically allowed or in home-based businesses and home occupations.

6.1.4

Public Utilities.

Utility structures including, but not limited to, poles, wires, cross arms, transformers attached to poles, guy wires, insulators, conduits and other facilities necessary for the transmission or distribution of electric power or to provide telephone service or cable television, and pipe lines, vents, valves, hydrants, regulators, meters and other facilities necessary for the transmission or distribution of gas, oil, water or other utilities may be constructed, erected, repaired, maintained or replaced within any district within the City. This is not to be construed to include the erection or construction of buildings. Electric substations are conditional uses in all zoning districts of the City.

(Ord. No. 22-2004, 2-7-22)

Within the districts established by this Ordinance or amendments that may be later adopted, there exist lots, structures, uses of land and structures, and characteristics of use which were lawful before the Ordinance was passed or amended, but which would be prohibited, regulated or restricted under the terms of this Ordinance or future amendment. These lots, uses and structures are to be considered "Legal Non-Conforming". It is the intent of this Ordinance to permit these legal non-conforming uses, lots and structures to continue, subject to this Ordinance, but not to encourage their survival. It is further the intent of this Ordinance that legal non-conforming uses, lots and structures shall not be enlarged, altered, amended, changed or expanded in any way other than to bring them into compliance with this Ordinance. Uses, lots and structures which do not conform to this Ordinance and which do not fall within the definition of "Legal Non-Conforming" are in violation of this Ordinance and are subject to the penalties and enforcement provided for in this Ordinance and under state and local law.

6.2.1

Restoration to Safe Condition.

Except as provided in Sections 6.2.3, 22.6, and any other provision of this Ordinance limiting the repair or replacement of legal non-conforming structures when damaged, this Ordinance shall not prevent the restoration of any building or structure to a safe or sanitary condition when required by the proper authorities.

6.2.2

Restoration After Damage.

No legal non-conforming building or structure which has been damaged by fire, wind, water or any other natural or artificial cause, except for the criminal acts of third parties, to the extent of more than fifty percent (50%) of its current replacement value at the time of such damage, as determined by the Building Official, shall be rebuilt or restored except in conformity with the provisions of this Ordinance. If a legal non-conforming building or structure is damaged by less than fifty percent (50%) of its current replacement value, such damaged portion may be rebuilt or restored to its original non-conforming size, shape or type or in a manner that results in the same or less non-conformity, provided that such rebuilding or restoration is completed within twelve (12) months of the date of such damage. No legal non-conforming building or structure shall be rebuilt or restored in such a manner as to increase or heighten the quantity or type of its non-conformity. Nothing contained herein shall permit or allow a legal non-conforming structure to be renovated or preserved so as to increase the number of years the building or structure will exist.

6.2.3

Abandonment.

A legal non-conforming use which has been abandoned shall not be reestablished, and any future use shall be in conformity with the provisions of this Ordinance. Whether a use has been abandoned will be determined by the Community Development Director. Abandonment will be found when there is an actual discontinuance of a use coupled with an apparent intent to discontinue a use. Any discontinuance of a use for a continuous period of one (1) year or longer shall be presumed to be abandoned. A legal non-conforming use shall not be changed to another non-conforming use. A legal non-conforming use which is changed or abandoned shall not be permitted to be reestablished.

Notwithstanding any other provision of this Ordinance, a structure or building conforming to the use regulations of a district, but not conforming to other provisions of this Ordinance, may be enlarged or altered provided that such enlargement or alteration conforms to the other provisions of this Ordinance. No structure or building which fails to conform to the current Zoning Ordinance's regulations regarding setbacks, size, shape, height, type or location may be expanded or altered except to bring the structure or building into full compliance with this Ordinance.

Any building or structure which is to be moved to any location within the city limits of Foley, shall be considered for the purpose of this Ordinance to be a new building under construction, and as such shall conform to the applicable provisions of this Ordinance.

No lot shall be reduced in area or altered in shape so that the lot itself, the existing yards, or any aspect of the lot or the existing or proposed structures would violate this Ordinance unless and until the Board of Adjustment and Appeals first grants a variance from the offended provisions of this Ordinance.

At the inception of any efforts to annex property into the corporate limits of the City of Foley, notice of such annexation should be communicated to the Community Development Director. The Community Development Director should take such steps as he/she deems necessary or prudent to recommend to the Planning Commission an initial zoning classification for the area which may be annexed. The Planning Commission's consideration and public hearings on the initial zoning classification may run concurrently with the annexation procedure so that the Planning Commission's zoning recommendation can be made to the City Council as timely as possible. No property may be subdivided by the Planning Commission until it has been zoned.

Whenever any street, alley or other public way is vacated or abandoned by official action of the City of Foley, the zoning district adjoining each side of such street, alley or public way shall be automatically extended to the center of same and all area included therein shall then be subject to all appropriate regulations of the extended district.