Home occupations shall be incidental to the residential use of the dwelling and shall not change the essential residential character of the dwelling or adversely affect the uses permitted in the district of which the home occupation is to occur. No home occupation shall be permitted which might interfere with the general welfare of the surrounding residential area due to potential noise, increased pedestrian and vehicular traffic, or any other condition which would constitute an objectionable use of residentially zoned property. Limitations on the type of home occupations are as follows:

(a)

Area used shall not exceed twenty (20) percent of the gross floor area in the principal building.

(b)

It shall be confined entirely to the principal building, accessory building, or outside storage building for which twenty (20) percent of gross floor area would apply.

(c)

Employment shall be limited to members of the family residing in the dwelling. There shall be no employment of employees other than members of the resident family. In no case shall more than two (2) persons be engaged in the home occupation.

(d)

No internal or external addition, alteration, or remodeling of the dwelling is permitted in connection with the home occupation.

(e)

Chemical, mechanical, or electrical equipment that creates odors, light, glare, noises, or interference in radio or television reception detectable outside of the dwelling shall be prohibited.

(f)

No display of products shall be visible from the street and only articles made on the premises may be sold; except non-durable articles, consumable products, which are incidental to a service or which service shall be the principal use in the home occupation may be sold on the premises.

(g)

Instruction in music, dancing, and similar subjects shall be limited to two (2) students at a time.

(h)

The activity carried on as a home occupation shall be limited to the hours between 7:00 a.m. and 10:00 p.m.

(i)

One (1) professional or announcement sign may be used to identify the customary home occupation. Such sign shall not exceed one and one-half (1½) square feet in area exposed to view and must be mounted flat to the main wall of the principal building. No such sign shall be directly illuminated.

(j)

The nature of some uses tends to increase beyond the limits permitted for a home occupation and could impair the use and value of a residentially zoned area; therefore, the following shall not be permitted as a customary home occupation:

(1)

Uses which do not meet the provision listed above.

(2)

Automobile body and/or fender repairing.

(3)

Barber shops and beauty parlors.

(4)

Food handling on a large-scale basis, processing, or packing.

(5)

Repair, manufacturing and processing uses; however, this shall not exclude the home occupation of a dressmaker where goods are not manufactured for stock, sale, or distribution.

(6)

Restaurants.

(7)

Uses which entail the harboring, training, raising or treatment of dogs, cats, birds, or other animals.

(8)

Ammunition sales.

(9)

Acupuncture office and/or practice.

(10)

Dental offices and/or practice.

(11)

Gun sales.

(12)

Medical offices and/or practices.

(13)

Painting of vehicles.

(14)

Private schools with organized classes.

(15)

Small engine repairs.

(16)

Welding shop.

(17)

Contractors, provided no commercial trucks which exceed the criteria listed herein, materials or construction equipment are kept on premises. Commercial trailers shall not exceed sixteen (16) feet. Commercial trucks/vehicles shall have no more than six wheels.

(18)

Outdoor display or storage of materials, goods, supplies, or equipment used in the operation of the business shall not be permitted outside the dwelling.

(19)

Automobile/truck/boat/vehicle related business shall not be permitted as a home occupation. Vehicle related businesses include but are not limited to: vehicle maintenance, repair, renovation, restoration and/or sales, gas or diesel mechanic shops.

(20)

Flammable, caustic or noxious material not commonly found in the home may not be stored or kept on the premises.

(k)

Customary home occupations may be subject to annual inspection by the code enforcement officer and/or revenue officer. The following is a list of permissible home occupations which may be allowed, provided such use meets the criteria and limitations in section 31-1(a) through (i):

(1)

Carpentry, wood working.

(2)

Child daycare/family daycare in a residential dwelling for no more than six (6) children and meet the state requirements.

(3)

Cleaning services, maid services.

(4)

Dance /music instruction, tutoring.

(5)

Dressmaking, tailoring, sewing.

(6)

Free-lance photography or art studio.

(7)

Handyman services.

(8)

Insurance salesman.

(9)

Landscaping services.

(10)

Making custom home furnishings.

(11)

Massage therapist.

(12)

Mental health specialist, psychoanalysis practice, psychiatry office.

(13)

Office of religious or church leader.

(14)

Professional offices: attorney, architect, planner, engineer, accountant, consulting, accounting, book keeping, architect, designer.

(15)

Screen writer, authors, composers.

(16)

Speech pathologist.

(17)

Television repair, computer repair.

(18)

Therapist.

(19)

Upholstering.

(20)

Website designer.

(l)

All commercial vehicles associated with a home occupation shall be parked on private property, outside of the city right-of-way.

(Ord. No. 2016-46, § I, 8-1-16)

Within the districts permitting automobile service stations, the following requirements shall apply:

(a)

Location: The property on which an automobile service station is located shall not be within one hundred (100) feet of any residential district or any property containing a school, public playground, church, hospital, public library, or an institution for children, elderly, or dependents.

(b)

Site requirements: An automobile service station shall have a minimum frontage on the primary street of one hundred twenty (120) feet and a minimum lot area of twelve thousand (12,000) square feet. All buildings shall be set back forty (40) feet from all street right-of-way lines, fifty (50) feet for U.S. Highway 98, and all canopies shall be set back fifteen (15) feet from all street right-of-way lines.

(c)

Access to site: Vehicular entrances or exits at an automobile service station:

(1)

Shall not be provided with more than two (2) curb cuts for the first one hundred twenty (120) feet of street frontage or a fraction hereof.

(2)

Shall contain an access width along the curb line of the street of not more than forty (40) feet as measured parallel to the street at its narrowest point and shall not be located closer than ten (10) feet to the adjoining property.

(3)

Shall not have any two (2) driveways, or curb cuts, any closer than twenty (20) feet at both the right-of-way line and the curb or edge of the pavement along a single street.

(d)

Gasoline pump islands: All gasoline pump islands shall be set back at least fifteen (15) feet from the right-of-way line, or where a future widening line has been established, the setback line shall be measured from such line, and where pump islands are constructed perpendicular to the right-of-way line, they shall also be at least fifteen (15) feet from the right-of-way, however, the pumps shall be at least sixty (60) feet from the center line of an arterial street, fifty-five (55) feet from the center line of a collector street and forty-five (45) feet from the center line of other streets.

(e)

Off-street parking: A minimum of two (2) off-street parking spaces are required with an additional off-street parking space for each lubrication or wash bay.

(f)

Other site improvements: In addition to the above referenced requirements, the following site improvements shall be adhered to:

(1)

A raised curb of at least six (6) inches in height shall be erected along the street property lines, except for driveway openings.

(2)

A wall or fence of a solid appearance shall be at least six (6) feet in height and of a construction and design approved by the planning commission and/or a staggered double row of Evergreen plantings at least ten (10) feet in width which shall grow to at least ten (10) feet in height at planting and spaced in a manner which after three (3) years will provide an impervious visual barrier. Said protection buffer shall be maintained by the owner of the property in order to conceal such areas or facilities from a residential district adjoining, facing, across a street, in the rear, or on the side of the principal building or use.

(3)

Outdoor lighting of all types shall be directed so as to reflect away from all residential dwellings and shall be so situated as not to reflect directly onto a public right-of-way.

(4)

Signs, whether permanent or temporary, shall not be placed within the public right-of-way and shall be arranged so they do not obstruct visibility for drivers or pedestrians.

(5)

All driving, parking, storage, and service areas shall be paved and curbed and a good stand of grass shall be maintained on the remainder of the lot.

Within districts permitting cemeteries, the following requirements shall apply:

(a)

The site proposed for a cemetery shall not interfere with the development of a system of collector or larger streets in the vicinity of such site. In addition, such site shall have direct access to a thoroughfare.

(b)

Any new cemetery shall not be located on a site containing less than twenty (20) acres.

(c)

All structures shall be set back no less than twenty-five (25) feet from any property line or minor street right-of-way.

(d)

All graves or burial lots shall be set back not less than twenty-five (25) feet from any property line or minor street right-of-way line and not less than fifty (50) feet from any collector or arterial street.

(e)

The entire cemetery property shall be landscaped and maintained.

(f)

An application must be made to the board of zoning adjustment for any extension of an existing cemetery.

(a)

General: A bed and breakfast establishment may be permitted in R-1, R-2 or R-3 Single-family zoning designations, subject to the approval of the board of zoning adjustment. All bed and breakfast establishment operators shall abide by the patron registration requirements as set forth in City Ordinance 2008-67 as amended, an ordinance to require hotel registration and retention of registration records. Bed and breakfasts shall only be permitted in single-family detached dwellings, shall only be operated by the owner and resident of the dwelling, and shall comply with the following provisions:

(b)

Definition:

Bed and breakfast: The renting of rooms in a private residence for brief periods of time together with the provision of breakfast for the guests by the home owner in an establishment having one to five guest rooms which are subordinate and incidental to the main, owner occupied, single-family residential use. All service is to be provided by the home owner.

(c)

Performance standards: Approval of a bed and breakfast establishment may be permitted only upon determination that the application and evidence presented clearly indicate that all of the following standards will be met:

(1)

There shall be at least five hundred (500) square feet of interior floor area within the bed and breakfast for each guest room it houses. All guest rooms shall be located within the principal structure.

(2)

No more than five (5) guest rooms shall be included in any one establishment.

(3)

No more than two (2) persons shall be allowed to occupy any one (1) guest room at any time, except in the case where a child less than five (5) years of age occupies the same room. In no case shall any bed and breakfast be allowed to exceed its total occupancy limit as established by the city at the time of approval of the use.

(4)

Except for serving meals to overnight guests, the establishment shall not engage in the restaurant business. Guest rooms shall not contain cooking facilitates.

(5)

Guest stays shall be limited to four (4) weeks.

(6)

At least one (1) off-street parking space shall be provided for each guest room, plus two (2) for the owner.

(7)

All requirements, standards, and conditions contained herein shall be met.

(d)

Bed and breakfast general operating regulations and requirements:

(1)

Length of stay: In order to ensure that bed and breakfast establishments operate as transient accommodations, rather than as rooming houses, the maximum length of stay shall be limited to thirty (30) consecutive days and guests shall be prohibited from staying at the same bed and breakfast establishment for more than sixty (60) days within any one-year period.

(2)

Limitation on total number of guests per room/establishment: No more than two (2) persons shall be allowed to occupy any one (1) guest room at any time, except in the case where a child occupies the same room. In no case shall any bed and breakfast be allowed to exceed its total occupancy limit as established by the City of Daphne at the time of planning commission approval.

(3)

Parking requirements: For each and every guest room as approved by the City of Daphne, there shall be provided one (1) parking space which is in addition to all other required parking spaces. Such additional required parking spaces shall be properly situated on site, shall be properly screened from adjacent properties, and shall be arranged so that each space has direct access to a driveway. Parking areas shall be designed and arranged on the site so as to not detract from the character of the neighborhood. Such parking areas should not detract from the residential character of the neighborhood. Recreational vehicle parking shall be prohibited.

(4)

Signs: Signs should identify the establishment, not advertise it. Therefore, only one (1) non-illuminated wall sign, attached to the front wall of the establishment, shall be allowed. Such signs shall not exceed two (2) square feet in size. The maximum allowable square footage established in each zoning designation and/or overlay district shall apply as provided in each district. Said allowable area shall not be exceeded. In the event that channel letters, as defined in Article VIII, Definitions, are proposed, then the maximum allowable square footage shall be calculated at a rate of eighty (80) percent in lieu of the standard rate of one hundred (100) percent.

(5)

Food preparation: The only meal provided to guests shall be breakfast, and it shall be served only to guests lodging in the facility. Additionally, individual guest rooms shall contain no cooking facilities, and no food preparation or cooking shall be allowed.

(6)

Building design standards:

(a)

Interior: Only minimal interior modifications shall be allowed whenever it is necessary to meet building code or health department requirements, and rooms shall not have been specifically constructed or remodeled for rental purposes.

(b)

Exterior: Aside from any alterations necessary to ensure the safety of the structure, no exterior modifications shall be allowed (other than provision of a separate entrance) unless approved by the planning commission as a part of the initial approval process. Approved exterior modifications should not detract from the residential character of the structure or the neighborhood.

An extended stay hotel facility may be permitted in a B-2, General Business, zoning district in accordance with Article XXXV, Table of Permitted Uses. All extended stay hotel facility operators shall abide by the patron registration requirements as set forth in City Ordinance 2008-67 as amended, an ordinance to require hotel registration and retention of registration records.

(a)

Definition:

Extended stay hotel facility. A building or structure under a single management that provides no fewer than five (5) rental room or suite units intended primarily as short term lodging accommodations for public rental on a daily, weekly, or other short term basis for registered guests.

(b)

Performance standards: An extended stay hotel facility may be permitted by the planning commission in accordance with site plan review procedures provided in Article XV, Procedures for Site Plan Approval. All extended stay hotel facilities shall provide for and meet the following criteria:

(1)

Maintain a central, internal lobby, and provide daily room cleaning and linen changes for its guests.

(2)

May include supportive areas such as meeting rooms, incidental retail sales and commercial services, central kitchen facility, dining rooms, restaurants, lounges, office areas, swimming amenities, etc., intended principally as services for registered guests.

(3)

Individual room or suite units shall be furnished and may include mini-refrigerators, bars, bar sinks, and microwave ovens, but shall not include more than two (2) bathrooms or more than two (2) bedrooms.

(4)

The determination of the number of bedrooms contained in a room or suite unit shall be made based on the suitability of a room or articulated room space, including, without limitation, alcoves and lofts, for use as a defined sleeping area distinct from associated internal living space. The characterization of a room or articulated room space as a bedroom shall be determined objectively on the basis of its physical suitability for use as a distinct defined sleeping area, not on the basis of the manner in which such room or space is denominated.

(5)

A building or structure owned under a condominium form of ownership that satisfies this definition of extended stay hotel facility shall be subject to all area and dimensional requirements and limitations applicable to hotels and motels.

(6)

No more than six (6) persons per room.

Warehouse and storage facilities include mini-type or do-it-yourself storage facilities. Said facility shall not be used for habitation or operation of commercial enterprise within any stall, cubicle, or locker.

(a)

Warehouse and storage facilities may be located in a C/I, Commercial Industrial district by right.

(b)

Warehouse and storage facilities may be located in a B-2, General Business district if certain conditions have been met. Said conditions are as follows:

(1)

Shall be the subordinate land use where the building and associated parking shall comprise no more than forty-nine (49) percent of the total land area of the proposed tract, parcel, lot or of the aggregate area of multiple tracts, parcels, or lots;

(2)

The primary land use and associated parking shall comprise no less than fifty-one (51) percent of the total land area. On-site parking for each separate land use may be shared; however, as a means of effectively calculating the percentage of land uses, parking shall be calculated separately;

(3)

Shall be placed behind the primary commercial land use;

(4)

Shall meet all applicable standards and setbacks of the underlying zoning classification; and

(5)

On any lot, parcel, tract, or aggregate thereof, with multiple road frontages (i.e., corner lot or double frontage lot(s)), ingress and egress for the warehouse and storage facility shall be from the same access as the primary land use. Where such configuration is not practicable, the minimum frontage landscape requirements provided in Article 19 shall be increased to provide an impervious visual buffer along the right-of-way.

(Ord. No. 2023-11, § 1(B), 2-20-23)