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Foley City Zoning Code

ARTICLE VIII

RESIDENTIAL—MISCELLANEOUS

Sec. 8.1 - Accessory Structures.

All accessory structures, including accessory dwelling units (ADU), shall conform to the following regulations:

A.

Providing the size, location, and setback requirements listed in sections 8.1.1 and 8.1.2 can be met in full, any primary residence may have a maximum of two (2) accessory structures, one (1) of which may be an accessory dwelling unit (ADU).

B.

The total ground coverage of the accessory structures may not exceed forty (40) percent of the yards in which they are located.

C.

No accessory structure may be built prior to the primary residence, except as noted in 8.1.G.a.

D.

No accessory structure shall be erected in any front yard or any street-side yard on a corner lot.

E.

Accessory structures shall not exceed the overall height of the primary structure and in no case shall exceed two (2) stories;

F.

An ADU shall not cover more than thirty (30) percent of the yard in which it is located;

G.

Exceptions for AO - Agriculture Open Space zoned properties:

a.

Accessory structures may be built prior to the primary residence and are limited to two (2) stories. When built first, they should be planned for a location within the future primary residence's rear yard.

b.

A single accessory dwelling unit may be built and is limited to sixty (60) percent of planned primary residence size.

c.

The total number of accessory structures allowed is not limited in quantity, but must not exceed forty (40) percent of total rear and side yards in which they are located.

8.1.1

Accessory Dwelling Units (ADU).

A second dwelling unit that is either contained within the structure of a single family dwelling unit or in a separate accessory structure on the same lot as the principal residential building for use as a complete, independent living facility with provisions within the accessory dwelling for cooking, eating, sanitation and sleeping. Such a dwelling is an accessory use to the principal residential building and includes accessory apartments, garage apartments and guesthouses.

Accessory Dwelling Units shall also conform to the following regulations:

A.

Only one ADU is allowed per primary residence.

B.

Neither Recreational Vehicles nor Manufactured Homes may be used as an ADU.

C.

The ADU ground floor square footage shall not exceed sixty (60) percent of the size in square feet of the ground floor of the principal residence. Neither may the total square footage of the ADU exceed sixty (60) percent of the principal residence total square footage.

D.

An ADU shall be at least ten (10) feet from all lot lines and ten (10) feet from any other structure on the same lot.

8.1.2

Residential Accessory Structures.

A.

Single story accessory structures shall be at least five (5) feet from all lot lines and ten (10) feet from any other structure on the same lot, excluding fences. Two story accessory structures shall be at least ten (10) feet from all lot lines

B.

Plant nurseries, greenhouses, and hoop structures are allowed accessory structures provided that:

a.

No sales are made from the premises;

b.

All accessory structures and material storage facilities larger than three hundred (300) square feet in total area shall be located not less than twenty (20) feet from all property lines, and no closer than ten (10) feet to any other structure.

C.

Neither residential swimming pools nor fences/walls shall be counted toward the limit of two accessory structures per residential lot, but they must still be appropriately permitted and meet the following requirements:

a.

For pools, water's edge must be at least ten (10) feet from property lines and ten (10) feet from any other structure on the lot, with the exception of its own pump system or any fence/wall used solely to secure the pool area. Check with the Building Department for additional permitting requirements from the Building Code.

b.

See section 8.2 and Exhibit D for guidance on fence/wall heights, locations, and allowed styles.

D.

Horizontal only structures, such as concrete or paver sidewalks and patios, do not count as accessory structures or require a permit as long as there is no associated vertical component such as a pergola or permanently attached cover of any kind.

8.1.3

Residential Antennas.

Antennas and aerials for radios, televisions, weather monitoring, and similar pieces of equipment are permitted in addition to other accessory structures provided the unit, dish, rod, or other component of the structure does not exceed fourteen (14) feet in height, ten (10) feet in diameter, and shall meet all setback requirements as set forth in this section of the Ordinance. Roof mounted antennas shall not exceed ten (10) feet in diameter, and shall not extend over fifteen (15) feet above the height limits established for the district in which it is located; and no such antennas shall be used for any type commercial use or advertising purposes. All other antennas in residential districts shall be conditionally permitted by the Planning Commission.

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

Sec. 8.2 - Fences and Walls.

Fences and walls may be erected, placed and maintained, along lot lines as long as they do not exceed six (6) feet in height in all residential zoning districts, except for R1R, Restricted Residential Single Family and GPH1, Garden Patio Home where an eight (8) foot fence may be permitted. No fence or wall located in a required front yard shall exceed a height of three (3) feet with the exception of a chain link fence up to four (4) feet.

Wood, vinyl, decorative metal or chain link fences are permitted in all residential zones. Stock type fencing (hog wire, chicken wire, goat wire, livestock & similar), tin/metal panels and razor wire are prohibited in all residential zones except for AO—Agricultural Open Space. See Exhibit C for Examples.

Subdivision privacy wood/vinyl fences built by developers must be finished side facing external right-of-ways or a shadow box design. Chain link fences with fabric mesh or plastic, metal, or wooden slats shall not be permitted.

Privacy wood/vinyl fences built by individual homeowners on single family lots must be built finished side out or shadow box under the following conditions:

• Facing a public right-of-way

(Ord. No. 19-2006, 3-4-19; Ord. No. 19-2025, 10-7-19; Ord. No. 22-2004, 2-7-22; Ord. No. 22-2018, 5-2-22; Ord. No. 25-2041, 11-3-25)

Sec. 8.3 - Miscellaneous Provisions in Residential Zones.

Recreational Vehicles, Utility Trailers, and Equipment Parked, Stored, or Kept on a Lot or Parcel.

A.

The owner of the recreational vehicle shall be the owner or lessee of the principal structure of the lot or parcel on which it is located.

B.

All recreational vehicles parked, stored, or kept on a lot or parcel zoned residential shall be fully operable, readily movable, kept in good repair, and display the current license plate and/or registration as may be appropriate under state law for the particular type of vehicle.

C.

A recreational vehicle may not be permanently attached to utility connections, except as may periodically be required to maintain the equipment and its appliances, if any. Boats and similar recreational vehicles must be on functional operational trailers and stored without the benefit of cradles or other stationary supports.

D.

A recreational vehicle may be temporarily parked in a front yard for the limited purposes of loading, unloading, and/or cleaning before or after a trip, not to exceed seven (7) days.

E.

Parking is permitted in the rear or side yard provided it is not closer than five (5) feet to any parcel line, lot line, and does not block operable windows or doors of a room of a house used for human habitation through the maintenance of a three (3) foot clearance from the side of the house.

F.

The maximum number of recreational vehicles permitted to be parked, stored, or kept on the lot or parcel shall be calculated per Table 8.3.F.1 depending on the zoning of the lot or parcel. Property owners will be responsible for confirming that RV parking/storage is not otherwise disallowed by restrictive covenants:

Table 8.3.F.1

Residential Zoning District Maximum number of Recreational Vehicles
R-1R 3
R-1A 2
R-1B 2
R-1C 2
R-1D 1
R-2 1
R-4 1
GPH-1 1
MH-1 1
AO 4
Residential Single Family lots within a Planned Dev 1
Legal Non-Conforming Single Family Residence located in a higher density or commercial zone 1

 

G.

Multiple recreational vehicles may be on a parcel subject to Table 1 and the following:

(1)

One RV may be parked, stored, or kept on a parcel without any screening.

(2)

Up to three (3) RVs may be stored on a parcel when screened from view in such a manner that the RVs are not visible from public roadways.

H.

Recreational vehicles may only be parked, stored, or kept in a location behind the front façade line of the principal buildings or behind the portion of the front building line farthest from the front lot line if the front of the building is not a continuous straight line (This is not the same as the front yard building set back line).

I.

When located in the exterior side yard of a corner lot, screening of the visible side of the recreational vehicle shall be required. Aesthetically sensitive screening shall be provided, which may include evergreen trees and bushes or a combination of fencing and vegetative screening.

J.

Recreational vehicles parked, stored, or kept inside any fully enclosed legally permitted accessory structure, carport, or garage shall not be counted against the maximum number of recreational vehicles permitted on a lot or parcel.

K.

A recreational vehicle may not be used or occupied for living, sleeping, or housekeeping purposes in residential districts, except as provided herein: Guests may occupy a recreational vehicle for up to fourteen (14) days in a calendar year.

L.

It shall be unlawful for any person, whether owner or operator, to leave any recreational vehicle, mobile home, motor home, boat, trailer, utility trailer, or equipment on any public street.

(Ord. No. 24-2014, 5-6-24; Ord. No. 25-2013, 5-5-25)

Sec. 8.3.1 - Utility Trailers and Equipment.

A.

It shall be unlawful for any person or entity to park, store, or keep utility trailers and equipment used in the operation of a business on any lot or parcel zoned for residential use except as follows: One (1) single-axle utility trailer may be stored in a residential area when screened from public view.

B.

Commercial construction equipment, whether on or off a trailer, such as bobcats, dozers, and similar equipment typically used in construction, shall not be stored in residential areas.

C.

Notwithstanding the prohibitions in subsections 8.4(A) and (B), temporary parking of utility trailers and equipment used to provide services to residential properties shall be permitted.

(1)

Temporary parking for service provision shall be limited to the duration of the service being provided and shall not exceed forty-eight (48) hours, unless otherwise authorized by the municipal authorities.

(2)

Any utility trailers and equipment parked temporarily for service provision must not impede traffic flow, pedestrian access, or otherwise create a nuisance to the surrounding residential properties.

(Ord. No. 24-2014, 5-6-24; Ord. No. 25-2013, 5-5-25)

Sec. 8.4 - Animals and poultry in residential zones.

Domesticated animals (as defined in section 2.1) are permitted in residential zones R-1R, R-1A, R-1B, R-1C, R-1D, R-2, and R-4 in accordance with the minimum acreage requirements found in Table 8.4.1. When different animals are combined the required acreage shall be the sum of the minimum acreages required for each animal. Property owners will be responsible for confirming that the keeping of non-traditional domesticated animals as pets is not otherwise disallowed by restrictive covenants.

Table 8.4.1

Animal Minimum Acreage Maximum Number Permitted
Domestic Pot Belly Pig 0.5 2 total
Domestic Poultry <0.5 acres 4 total
Domestic Poultry >0.5 acres 8 hens per 0.5 acres

 

Additionally, the following restrictions will apply:

A.

Owners or persons-in-charge of domesticated animals and domestic poultry hens shall not knowingly, voluntarily, or willfully permit them to roam freely within the city.

B.

Enclosures may only be located in a rear yard and must meet accessory structure setbacks.

C.

Enclosures shall be maintained and kept clean in order to prevent excessive odor and pest or rodent infestation causing a nuisance to neighbors.

D.

The selling of eggs, fertilizer, or breeding of hens is prohibited.

E.

The slaughter of domestic poultry for sale in residential zones is prohibited.

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

Sec. 8.5 - Duplex form based code.

A.

The purpose of a form based code is to consider:

1.

Neighborhood context. The design should be consistent with, compliment or improve upon the design character of the immediate neighborhood.

2.

Variety of design. The duplex should incorporate design elements which help break up the mass of the building and provide visual interest.

B.

These guidelines are intended to protect viable and stable neighborhoods in keeping with their established character and use. They are applicable to duplexes allowed in any Residential or Planned zone.

C.

Definitions applicable to this section.

1.

Architectural details. Include but are not limited to: porch railings; columns (size, taper, base, molding); dormer windows; bay windows; balconies; shutters; and similar.

2.

Building Facade Recesses. Porches or patios.

3.

Landscaping. Sod alone does not constitute landscaping for the purpose of this section. See 10.5.G.7 Site Specific Landscaping Requirements to effectively incorporate the duplex into the surrounding neighborhood.

4.

Pedestrian or vehicular courtyard. A break in the primary facade facing the street that: recess no more than fifty (50) percent of the width of the facade; recess a minimum of eight (8) feet in depth; and, shall be enclosed on three (3) sides by the building facade.

5.

Transparency. All building facades along public frontages shall have a minimum of twenty (20) percent transparency with glass; all glass facing a public frontage must be clear, non-reflective and not painted or tinted (transparent, low-emissivity glass is permitted); glass cannot be made opaque by window treatments (except for operable sunscreen devices inside the structure within the climate controlled space); and, security bars on windows or doors shall not be visible from the street.

D.

Requirements.

1.

The primary facade facing the street shall include the following:

i.

Landscaping;

ii.

Transparency;

iii.

The primary facade facing the street shall also include at least one (1) of the following:

Architectural Details;

Building Facade Recess;

Pedestrian or Vehicular Courtyard.

(Ord. No. 25-2013, 5-5-25; Ord. No. 25-2042, 12-1-25)