No accessory structure shall be erected in any front yard or any street-side yard on a corner lot. Accessory structures: shall not exceed two (2) stories in height; shall not cover more than thirty (30) percent of the required yard in which it is located; and shall be at least five (5) feet from all lot lines and ten (10) feet from any other habitable structure on the same lot. Temporary accessory structures may be permitted on a short-term basis.

9.1.1

Temporary/Mobile Structures Used for Business.

A.

Vendors may operate on private property with written permission from the property owners. The parcel must be zoned for non-residential uses or may be placed on public property within approved areas. Any public property use must be approved by Mayor and Council prior to any permits being issued. These temporary/mobile structures may be allowed for a period not to exceed a total of three (3) months during a single calendar year.

B.

Mobile food vending units shall be located at least ten (10) feet away from the nearest building unless otherwise approved by the City of Foley Fire Department. Vendors shall serve only walk-up customers, not customers in a motor vehicle; shall not broadcast loud music or advertisements; no signage is allowed except signage affixed to the mobile vending unit identifying the vendor and menu/price information; and, vendors must provide for adequate waste collection from their customers. Vendors must operate in a safe and sanitary manner approved by the Alabama Health Department.

(Ord. No. 19-2006, 3-4-19)

All metal buildings constructed along major arterial, minor arterial and collector streets (as defined in Resolution No. 3213-07 and amendments) are required to have a façade which may be composed of stucco, brick, scored concrete, split-face concrete block, wood or a combination of these materials. This does not include architectural panels that are part of a business brand or part of an overall architectural design. This standard applies to:

A.

City zoning districts including B1, B1A, B2, B3, PO and commercial/industrial portions of PUD, PDD and PID.

B.

No more than twenty-five (25%) percent of any façade shall be composed of metal siding.

C.

The requirement is for any portion of the structure that faces a public right-of-way.

D.

The façades shall extend for a minimum of ten (10) feet along building elevations not adjacent to a thoroughfare.

E.

This requirement is not applicable to non-habitable accessory structures and structures located more than two hundred (200) feet from the nearest street as defined above.

(Ord. No. 19-2006, 3-4-19)

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 commercial zoning districts. No fence or wall located in a required front yard shall exceed a height of three (3) feet.

Privacy wood/vinyl fences must be built finished side out, facing public right-of-ways or parking areas. Decorative metal and chain link fences are also allowed in commercial areas, but fabric mesh, plastic, metal, or wooden slats shall not be permitted. Stock type fencing (hog wire, chicken wire, goat wire, livestock & similar), tin / metal panels and razor wire are prohibited in all commercial zones. See Exhibit D for examples. Barbed wire, razor wire, or stock type fencing may be allowed in M-1 Industrial Zoning when approved by Special Exception from the Board of Adjustment and Appeals, or in a PID if included in the Master Plan approved by Planning Commission.

(Ord. No. 19-2025, 10-7-19; Ord. No. 25-2013, 5-5-25; Ord. No. 25-2041, 11-3-25)

Joint commercial/residential use is intended to encourage mixed use development on commercially zoned properties. The residential uses shall be designed in such a way that they are compatible with the commercial uses and shall not share the same entrances. Residential and commercial uses shall not occupy the same floor of a building, except as described in section 2.1 definitions.

A dwelling unit density of 0.5 (½) dwelling units per one thousand (1,000) square feet of the gross floor area devoted to commercial uses may be allowed (structures with less than two thousand (2,000) square feet devoted to commercial uses shall be allowed one dwelling unit). Each two thousand (2,000) square feet of required commercial must be built first or simultaneously with each dwelling unit. In no instance shall the total residential square footage exceed the total commercial square footage.

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