A.

Off-street automobile parking spaces shall be provided with vehicular access to a street or alley, and shall be equal to at least the minimum requirements for the specific land use as herein provided.

B.

The required number of parking spaces for any number of separate uses may be combined in one (1) lot, but the required space assigned to one (1) use may not be assigned to another use at the same time, except that portion of the parking space required for an existing church whose peak attendance will be at night or on Sundays may be assigned to a use which will be closed at night or on Sundays.

C.

These standards shall not apply to B1, Central Business District, where on-street parking is provided with the exception of new churches being constructed which would adhere to the regulations.

D.

Parking Schedule:

1.

One, two, and multi-family dwellings; manufactured housing park: Two (2) spaces for each dwelling unit.

2.

Hotels, motels, and tourist homes: One and one-tenth (1.1) spaces for each guest bedroom.

3.

Churches, auditoriums, stadiums, ball fields, civic centers and similar uses: One (1) parking space for each four (4) seats.

4.

Schools - Elementary or middle school - Two and one-half (2.5) spaces per classroom. High school - Seven (7) spaces per classroom.

5.

Hospitals, nursing homes, homes for aged and similar uses - One (1) space for each four (4) beds.

6.

Industrial/manufacturing - One (1) space for each five hundred (500) square feet of gross floor area.

7.

Warehouses; Storage Structures/Open Storage - One (1) space for each 3,000 square feet of gross floor area.

8.

Restaurants - One (1) space for each four (4) seats.

9.

Accessory Dwelling Units - One (1) space for each unit.

E.

Parking space and aisle size requirements:

1.

Perpendicular spaces - Ten (10) feet wide by twenty (20) feet long.

2.

Herringbone/Angle spaces - Nine (9) feet wide by twenty (20) feet long.

3.

One-way traffic parking lot aisle width - Twenty (20) feet minimum.

4.

Two-way traffic parking lot aisle width - Twenty-five (25) feet minimum.

Any use not specified by this ordinance shall require one (1) parking space for each four hundred (400) square feet of gross floor area in the building.

10.1.1

Use and Maintenance of Parking Lots (Non-Residential).

Off-street parking for non-residential uses:

A.

Required parking must be designated by pavement, gravel, cross-ties or some similar method.

B.

Shall not be used for the parking or storage of automobile trailers, boat trailers, non-motorized recreational vehicles and similar vehicles.

C.

Shall be graded for proper drainage and provided with a surface maintained at all times in such manner as to prevent the release of dust and to be free of dust, trash and debris.

D.

Shall be provided with entrances and exits so located as to minimize traffic congestion.

E.

Shall be lighted in such a manner that they neither unreasonably disturb occupants of adjacent residential properties, nor interfere with traffic yet adequately light the parking area, entrances and exits.

F.

May not have more than one (1) attendant shelter building which shall conform to all setback requirements for structures in the district, and which shelter building shall contain not more than fifty (50) square feet of gross floor area.

G.

May have a sign for identification of the use, provided it complies with the following requirements:

1.

Such sign shall not exceed twenty (20) square feet in area, or five (5) feet in height.

2.

Such sign may be illuminated by a non-oscillating, concealed light source, but illumination by any spotlight or floodlight shall be prohibited.

10.1.2

Design and [Landscaping] of Off-Street Parking Lots Consisting of Ten (10) or More Parking Spaces.

The design and appearance of parking areas is intended to enhance and be compatible with the character of the community while making the area more visually appealing. Toward this objective, the following standards shall be observed in the construction of off-street parking area construction accommodating ten (10) or more parking spaces as otherwise defined herein:

A.

A minimum of ten percent (10%) of the total interior area intended for off-street parking shall be suitably landscaped. Such landscaping to include the placement of a shade tree at intervals approximately fifty (50) linear feet with a minimum of five (5) shrubs per shade tree.

B.

Interior portions of the parking area shall be broken by provision of landscaped islands.

C.

A maximum of twelve (12) parking spaces in a row will be permitted without an island.

D.

Each landscaped area must be a minimum of sixteen (16) square feet if it is to be counted toward the minimum landscaped area requirement.

E.

Landscaped areas shall be protected from vehicular encroachment by the use of curbing.

F.

Legal non-conforming off-street parking facilities may continue until they are expanded by more than five percent (5%) of its existing parking capacity at which time the entire parking area must be brought into conformity with this Ordinance.

G.

Cross-visibility at the intersection of any combination of streets, alleys or driveways, landscaping shall be so planted and maintained as to provide unobstructed visibility between the heights of two and one-half (2½) feet and fifteen (15) feet within an area defined by projecting lines parallel to and twenty-five (25) feet from the point of intersection of curb lines projected.

H.

The owner, tenant, agent of either and other person in charge of premises shall be jointly and severally responsible for the compliance with this section of the ordinance as well as the maintenance of all landscaping, landscaped areas and incidentals as required by this ordinance. All trees and other plant material shall be kept in a healthy, living state and grounds shall be kept free of rubbish, refuse, and debris. Grass and shrubbery shall be kept neatly trimmed in accordance with applicable municipal ordinance.

10.1.3

Off-Street Loading.

On the same lot with every structure or use hereafter erected or created, there shall be provided and maintained space for loading and unloading of materials, goods, or things, and for delivery and shipping, so that vehicles for these services may use this space without encroaching on or interfering with the public use of streets and alleys by pedestrians and vehicles.

Where any structure is enlarged, or any use is extended so that the size of the resulting occupancy comes within the scope of this Section, the full amount of off-street loading space shall be supplied and maintained for the structure or use in its enlarged or extended size. Where the use of a structure or land or any part thereof is changed to a use requiring off-street loading space the full amount of off-street loading space shall be supplied and maintained to comply with this ordinance.

For the purpose of this section, an off-street loading space shall be an area of at least twelve (12) feet wide by forty-five (45) feet long with fourteen and one-half (14½) feet vertical clearance. Each off-street loading space shall be accessible from a street or alley, and arranged for convenience and safe ingress and egress by motor truck and/or trailer combination.

Off-street loading facilities supplied to meet the needs of one (1) use shall not be considered as meeting the off-street loading needs of any other use.

No area or facility designated, designed or used to satisfy the off-street parking requirements of this Ordinance shall be used or counted towards the off-street loading requirements of this Ordinance.

Nothing in this section shall prevent one (1) off-street loading zone to be used by more than one (1) business, building, use or entity provided that the off-street loading facility is: (1) at least equal to the combined size and capacity requirements of all the several businesses, buildings, uses or entities who share the off-street loading facility; (2) located on the same lot as all the businesses, buildings, uses and entities; and (3) located and arranged so that it is capable of being conveniently used by all the users of the facility.

Plans for buildings or uses requiring off-street loading facilities under the provisions of this article shall clearly indicate the location, dimensions, clearance, and access of all such required off-street loading facilities.

10.1.4

Off-Street Loading Space.

Off-street loading space shall be provided and maintained in accordance with the following schedule:

A.

For each retail store, warehouse, wholesale establishment, industrial plant, factory, freight terminal, market, restaurant, mortuary, laundry, dry cleaning establishment, or similar use which has an aggregate floor area of:

1.

Less than ten thousand (10,000) square feet: Zero (0) spaces.

2.

Ten thousand (10,000) square feet or more, but less than twenty-five thousand (25,000) square feet: One (1) space.

3.

Twenty-five thousand (25,000) square feet or more, but less than sixty thousand (60,000) square feet: Two (2) spaces.

4.

Sixty thousand (60,000) square feet or more, but less than one hundred twenty thousand (120,000) square feet: Three (3) spaces.

5.

One hundred twenty thousand (120,000) square feet or more, but less than two hundred thousand (200,000) square feet: Four (4) spaces.

6.

Two hundred thousand (200,000) square feet or more, but less than two hundred ninety thousand (290,000) square feet: Five (5) spaces.

7.

Two hundred ninety thousand (290,000) square feet or more: Five (5) spaces plus an additional space for each additional ninety thousand (90,000) square feet over two hundred ninety thousand (290,000) or any portion thereof.

B.

For each auditorium, convention hall, exhibition hall, museum, hotel, office building, sports arena, stadium, hospital, or similar use which has an aggregate gross floor area of:

1.

Less than ten thousand (10,000) square feet: Zero (0) spaces.

2.

Ten thousand (10,000) square feet or more, but less than forty thousand (40,000) square feet: One (1) space.

3.

Forty thousand (40,000) square feet or more: One (1) space plus an additional space for each sixty thousand (60,000) square feet over forty thousand (40,000) square feet or any portion thereof

C.

For any use not specifically mentioned in this Section, the requirements for off-street loading for a use which is mentioned, and to which the unmentioned use is similar, shall apply, in the determination of the Community Development Director.

10.1.5

Residential Lots That May Be Used for Off-Street Parking.

The Board of Adjustment and Appeals may allow property zoned for residential use to be used by an abutting non-residential enterprise for off street parking if the Board determines that the residential property will not be substantially or permanently injured and that the neighboring residential area will not be adversely affected by the use of the residential lot for parking. The owner or occupant of the land on which the non-residential enterprise is conducted must own the residential lot; no fee may be charged for parking on the residential lot; and the residential lot may not be used for off-street loading. The abutting lots may be separated by a street or alley. The Board may require certain conditions and safeguards for the adequate protection of the adjoining property and subject property.

(Ord. No. 19-2006, 3-4-19; Ord. No. 19-2025, 10-7-19; Ord. No. 20-2012, 6-1-20; Ord. No. 20-2019, 10-5-20; Ord. No. 24-2021, § 1, 7-1-24)

Buffers shall be provided in accordance with the requirements of Tables 10.2.4 and 10.2.5 and as described in this section. In cases where buffers are required or deemed necessary for the protection and/or separation of uses on abutting lots, the following provisions shall constitute the minimum requirements for each unless otherwise specified by the reviewing authority in individual cases. For the purposes of this section, "fences" and "walls" shall have the same meaning, but shall not include the term "retaining wall".

10.2.1

General Requirements.

A.

One hundred (100) percent of the applicable buffer requirements shall be the responsibility of the developing land use, except when the new use is developed abutting an existing more intensive use developed prior to the adoption of these standards and for which no buffer is in place. In this case, the new use shall be responsible for providing a minimum of fifty (50) percent of the required buffer.

B.

Whenever the proposed use abuts an existing use on a property that is designated for another use within the Comprehensive Master Plan, the approving authority may modify the required buffer in accordance with the projected use.

C.

Whenever the proposed use abuts an existing use in a district in which such neighboring use is nonconforming, the approving authority may modify the required buffer in accordance the type(s) of use permitted by the nonconforming use's zoning classification or projected by the Comprehensive Master Plan, whichever is less.

D.

Whenever the proposed use abuts a vacant property, the buffer required shall be based on the zoning of the abutting property or the use projected by the Comprehensive Master Plan, whichever is less.

E.

If the use relationships between two (2) abutting lots changes so that a lesser buffer would be required, the width of the buffer may be reduced accordingly.

F.

If the required buffer abuts a public right-of-way, up to one-half (½) of the right-of-way width may be counted toward the buffer width requirement.

G.

Golf courses, playfields, stables, swimming pools, tennis courts and other recreational facilities; parking and other vehicular use areas; buildings, dumpsters, and outdoor storage are prohibited in required buffers.

H.

Where desirable and upon receipt of a written agreement between the affected property owners, the Commission may permit a pedestrian access way along a wall provided as part of a required buffer, to allow access to and from an abutting residential use.

I.

Buffer requirements may be more stringent if located adjacent to a wetland or stream bank. Refer to City of Foley Ordinances for wetland and stream bank buffer requirements.

10.2.2

Design Requirements.

A.

Any required buffer abutting a park or greenway shall be waived in its entirety, if the property owner dedicated that land to be set aside for the required full buffer width to the City for incorporation into the park or greenway, such land dedication shall be deemed acceptable only upon approval of the Mayor and City Council.

B.

In accordance with the following standards, the width of a required buffer may be reduced by up to fifty (50) percent if a wall together with landscaping (including trees) is used and up to twenty-five (25) percent if a berm together with landscaping is used:

1.

Any wall shall be constructed in a durable fashion of brick, stone, other masonry materials, wood posts and planks, or metal or other materials specifically designed as fencing materials, or any combination thereof, as may be approved by the reviewing authority. No more than twenty-five (25) percent of the wall surface shall be left open, and the finished side of the wall shall face the abutting property. Chain-link fencing with plastic, metal, or wooden slats shall not be permitted.

2.

Walls shall be a minimum of six (6) feet high and shall avoid a stockade appearance. This can be accomplished through any or a combination of the following methods: adding an evergreen hedge on the finished side of the wall, using supports of a different material or by undulating the plan of the wall. Walls over one hundred (100) linear feet shall have no more than fifty (50) percent of their length in a straight line, unless the entire wall is set back five (5) feet or more from the lot line, with evergreen planting provided within such setback.

3.

Berms shall be a minimum of four (4) feet in height with a maximum slope of three to one (3:1). Berms in excess of six (6) feet in height shall have a maximum slope of four to one (4:1) as measured from the exterior lot line. Berms shall be landscaped and stabilized to prevent erosion.

C.

Refer to the City Ordinances for recommended tree plantings and planting requirements. Native vegetation is highly recommended for buffer plantings.

10.2.3

Landscaping Requirements.

A.

Existing natural vegetation, which meets, in whole or in part, buffer planting requirements, may be applied toward the requirements of this Section. All plants shall be suitable for local planting conditions and the intended landscaping purposes. All exposed beds shall be maintained with mulch and shall be a minimum of two (2) inches deep at installation.

B.

Shrubs shall be evergreen and at least thirty (30) inches tall at installation with an average height of five (5) to six (6) ft to be expected as normal growth within four (4) years. However, twenty-five (25) percent of the shrubs may vary from this standard. The permitted variations are that such shrubs:

1.

May be deciduous;

2.

May be two (2) feet tall when planted, provided an average height of three (3) to four (4) feet is expected as normal growth within four (4) years; and

3.

When planted on a berm, may be of a lesser height, provided that the combined height of the berm and planting is at least six (6) feet after four (4) years.

C.

Deciduous trees shall have a minimum of two-and-one-half (2½) inch caliper and be a minimum of ten (10) ft in height at installation. At installation, evergreen trees shall be a minimum of six (6) feet in height and multi-stemmed trees shall be eight (8) ft in height.

D.

All landscaped areas shall be protected from vehicular encroachments by curbs, wheel stops, or other permanent barriers.

E.

Stormwater management and drainage controls required by the City Engineering Department shall be coordinated with landscaping improvements and integrated into the overall site design.

Table 10.24 Minimum Buffer Requirements

Table 10.2.5 Requirements by Type of Buffer and Site Acreage

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

A.

Purpose and Intent: The purpose of this regulation is to minimize light pollution, glare, and light trespass by establishing guidelines for exterior lighting applications. These regulations aim to ensure that outdoor lighting enhances safety and visibility while minimizing adverse impacts on the night sky and neighboring properties.

B.

Application Requirements:

1.

Exterior lighting plans are required for all projects other than single family residential. An exterior lighting plan, including a photometric plan (which covers the parcel which is the site of the building or project in question), appropriate pole, fixture, and lamp cut sheets, and descriptions of lenses and appropriate data tables, shall be submitted for review during the site plan approval process.

2.

All applications for exterior lighting installations must include the following:

a.

Photometric Plans: A detailed photometric plan covering the entire site must be submitted. The plan should demonstrate the distribution of light and ensure compliance with the requirements outlined in this regulation. Photometric plans must be prepared by a licensed professional engineer or lighting designer.

b.

Fixture Specifications: Complete specifications for all lighting fixtures proposed for installation, including cut sheets, must be provided. This should include information on the fixture type, wattage, shielding, and any additional features designed to minimize light pollution, glare, or spill light.

c.

Mounting Heights: Proposed mounting heights for lighting fixtures should be specified, ensuring that fixtures are positioned to minimize upward light and glare.

d.

Control Measures: Applicants must outline any proposed control measures, such as timers, motion sensors, or dimmers, intended to minimize unnecessary or excessive lighting during non-operational hours.

C.

Photometric Performance Requirements:

1.

Light Distribution: Lighting fixtures must be selected and positioned to achieve uniform light distribution across the site, with emphasis on minimizing upward light and spill light onto adjacent properties.

2.

Cutoff Fixtures: All lighting fixtures must be cutoff fixtures, designed to limit upward light emissions and glare.

3.

Spill Light Control: Measures must be implemented to minimize spill light onto adjacent properties. This may include the use of shields, baffles, or other appropriate methods to direct light downward and confine it within the boundaries of the property.

D.

Illumination Levels:

1.

Maximum Intensity: The maximum illumination levels at the property line should not exceed 0.5 footcandles when adjacent to residential properties and 1.0 footcandles when adjacent to other uses. These levels should be maintained throughout the operational hours of the lighting system.

2.

Gradual Dimming: Lighting systems must incorporate gradual dimming controls to reduce illumination levels during non-operational hours, minimizing light pollution and unnecessary energy consumption.

E.

Prohibitions: The installation, retrofitting, or modification of wall pack lighting fixtures, as well as any similar fixtures attached to exterior walls and characterized by outward-facing design and emitting excessive glare and spill light, is strictly prohibited.

F.

Compliance and Enforcement:

1.

Inspections: Compliance with this regulation will be verified through site inspections conducted by authorized personnel.

2.

Penalties: Non-compliance with the requirements of this regulation may result in penalties, including fines and the requirement to modify or remove non-compliant lighting installations.

G.

Exemptions: While the following are exempt from certain provisions of this regulation but must still adhere to the principles of minimizing light pollution, glare, and light trespass to the greatest extent possible.

1.

Emergency lighting necessary for safety and security purposes is exempt from certain provisions of this regulation but must still adhere to the principles of minimizing light pollution, glare, and light trespass to the greatest extent possible.

2.

Exemptions from the provisions of this ordinance are permitted when federal or state laws, rules, and regulations take precedence over these provisions.

3.

Public schools.

4.

Recreational sporting venues owned by the City.

H.

Applicability: This regulation applies to all new exterior lighting installations and modifications to existing installations within the City.

I.

Definitions:

1.

Photometric Plans: Detailed diagrams illustrating the distribution and intensity of light across a site, typically prepared by a licensed professional engineer or lighting designer. These plans provide critical information for assessing the performance of exterior lighting installations and ensuring compliance with regulatory standards.

2.

Footcandle (f.c.): A unit of illuminance measuring one (1) lumen per square foot.

3.

Control Measures: Strategies and mechanisms implemented to regulate the operation of lighting systems, including timers, motion sensors, dimmers, and other devices intended to minimize unnecessary or excessive lighting during non-operational hours.

4.

Light Distribution: The manner in which light is spread or dispersed across a given area, aiming to achieve uniform illumination while minimizing glare, hot spots, and uneven lighting. Proper light distribution is essential for optimizing visibility and safety in outdoor environments.

5.

Cutoff Fixtures: Outdoor lighting fixtures designed to limit the upward emission of light and control glare by utilizing shielding or other mechanisms to direct light downward. Cutoff fixtures help minimize light pollution and prevent unnecessary illumination of the night sky.

6.

Spill Light Control: Measures implemented to minimize the unintended projection of light beyond the boundaries of a property, reducing light trespass onto adjacent properties and minimizing the adverse effects of glare and excessive illumination.

7.

Maximum Intensity: The maximum allowable level of illumination at the property line, typically expressed in footcandles (fc). Maximum intensity standards help ensure that lighting installations do not produce excessive glare or spill light onto neighboring properties, contributing to a more visually comfortable and environmentally responsible outdoor lighting environment.

8.

Gradual Dimming: A feature of lighting systems that allows for the gradual reduction of illumination levels during non-operational hours. Gradual dimming controls help minimize light pollution, conserve energy, and promote responsible outdoor lighting practices by adjusting lighting levels to match changing environmental conditions and usage patterns.

9.

Emergency Lighting: Lighting systems designed to provide illumination during emergency situations, such as power outages or evacuations, to ensure the safety and security of occupants. While emergency lighting is exempt from certain provisions of exterior lighting regulations, it is still subject to requirements aimed at minimizing light pollution, glare, and light trespass.

10.

Wall pack lighting fixtures are defined as outdoor lighting fixtures designed to be attached directly to exterior walls, characterized by their outward-facing design and tendency to emit excessive glare and spill light.

(Ord. No. 24-2021, § 1, 7-1-24)