The intent of this article is to provide for the creation of the district in order to establish minimum standards and provisions for residential, business, or commercial development in the areas outlined the map provided herein and to achieve a healthy, beautiful, and safe community by the following means:

• Aesthetics: Improve the appearance of all areas through the incorporation of innovative landscaping and open space into development in ways that harmonize and enhance the natural beauty of the environment.

• Land values: Maintain and increase the value of land by incorporating innovative designs and criteria into development, thus becoming itself a valuable capital asset.

• Human values: Provide direct and important physical and psychological benefits to human beings through the use of landscaping and tree preservation as a buffer zone between residential and business development to reduce noise and glare, and to break up the monotony and soften the harsher aspects of urban development.

• Improved design: Promote innovative and cost conscious approach to the design and construction of the district.

• Improved administration and enforcement: Establish procedures and standards for the administration and enforcement of this article.

(a)

General. The following zoning districts provided herein established and most specifically defined in Article 12, Establishment of Districts: B-1, Local Business, B-2, General Business, B-3, Professional Business, R-4, Single Family and Multi-Family Residential, and MU, Mixed Use. Article 35, the Table of Permitted Uses and Conditions, outlines the restrictions for each district, except with regard to mixed-uses as provided in the following subsections.

The term R-4 shall be synonymous with the newly adopted zoning designations as provided in Article 12, Establishment of Districts. The planning commission shall no longer consider zoning or rezoning amendments for an R-4 zoning district. All existing R-4, High Density Single and Multi-Family Residential Districts shall be developed in accordance with the standards provided herein; however, R-6(G), R-6(D), R-7(A), R-7(M) and R-7(T) shall be respectively considered for all garden/patio homes, duplexes, apartments and townhouses, and mid-rise condominiums requests.

(b)

Mixed-Use Developments in the Village Overlay District. It is the intent of the City to encourage mixed-use developments in the Village Overlay District. Zoning districts that will allow mixed-use developments by right include MU, Mixed Use; B-1, Local Business; B-2, General Business; and B-3, Professional Business. The residential density of any mixed use development shall not exceed fourteen (14) units per acre and shall require a minimum of one and one-half (1.5) parking spaces per residential unit.

Said mixed-use development may have a vertical configuration, meaning the primary business is located on the ground floor and the secondary use is located on an upper floor, or may otherwise meet the provisions of an accessory dwelling unit as provided in section (c) below.

(c)

Accessory Dwelling Units (ADU) in the Village Overlay District shall adhere to the following provisions.

(1)

Detached accessory dwelling is defined as a dwelling unit separate from the principal structure. The dwelling shall be clearly subordinate in size, height, and purpose to the principal structure, it shall be located on the same lot as the principal structure, but may be served by separate utility meter(s), and is detached from the principal structure if approved by the building official. A detached accessory dwelling may be an independent structure, a dwelling unit above a garage, or attached to a workshop or other accessory structure on the same lot as the principal structure.

(2)

It is the intent of this ordinance to allow, where deemed appropriate by the planning commission, accessory dwelling units that maintain an appropriate proportional relationship to the adjacent principal structure(s) on the same site.

(3)

The accessory dwelling unit may function as purely residential use or as a mixed use building that allows separate commercial and residential usage.

(4)

While these provisions apply to detached accessory dwelling units, the provisions do not supersede or override applicable life safety standards found in the applicable codes adopted by the city.

(5)

When deemed appropriate by the planning commission, in business and commercial districts located in the Village Overlay District, a detached accessory dwelling may be considered where such detached accessory dwelling complies with the following requirements:

(a)

A recreational vehicle (RV) shall not be considered as an ADU.

(b)

Shall not exceed sixty (60) percent of the size (measured in square feet) of the principal building.

(c)

Shall not be located on a lot by itself, nor be located in or extend into the front yard.

(d)

Shall not be constructed to exceed more than two (2) stories.

(e)

Shall not be constructed to exceed thirty (30) feet mean roof height; however, the accessory dwelling unit shall not exceed the height of the primary business or commercial building.

(f)

Shall not encroach into any easement.

(g)

Shall maintain a side yard setback and rear yard setback of not less than six (6) feet where abutting property zoned for business or commercial use.

(h)

Where the adjacent property is zoned for residential use, the side yard and rear yard setback shall be no less than the standard zoning district setback requirement.

(i)

Requests for variances to the provisions of this section shall be submitted to the board of zoning adjustment.

(j)

There shall be one (1) power meter to service both the primary business and the accessory structure, unless a second power meter is approved by the building official. The decision of the building official may be appealed to the board of zoning adjustment in accordance with provisions established herein.

(k)

Prefabricated accessory structures (such as utility sheds, conex storage boxes and the like) shall not be utilized for the purpose of habitation.

(l)

No more than one (1) detached accessory dwelling shall be permitted on a single lot in conjunction with the principal structure.

(m)

The detached accessory dwelling may not be divided from the property ownership of the principal dwelling.

(n)

The detached accessory dwelling shall be of similar style, design and material color as used for the principal structure and shall use similar architectural characteristics, including roof form and pitch, to the existing principal structure.

(Ord. No. 2020-02, § I, 1-6-20; Ord. No. 2022-58, § 8(A), 9-6-22)

The following shall apply:

(a)

The provisions of this article shall be required for all residential projects involving the construction of two (2) or more dwelling units including apartments, town homes, condominiums, planned unit developments, subdivisions, business, commercial, industrial, and/or institutional structures; all existing structures which increase the gross floor area by thirty (30) percent or more, except a single-family residence; construction of a park, public way, open space, public building or structure; construction of a public utility whether publicly or privately owned; and other uses as required by the planning commission. A golf course which was in existence prior to the enactment of this Ordinance is hereby exempt from the provisions of this article.

(b)

Size of properties reserved or laid out for business, or commercial purposes shall be adequate to provide for the off-street service and parking facilities required by the type of use and development contemplated.

(c)

A site plan review shall be accomplished by the recommendation of the director of community development and approval of the planning commission to assure compliance with the provisions of Land Use and Development Ordinance in conformity with its purpose as stated in Article I, as well as, applicable Building and Fire Codes, latest edition.

(d)

Said approval shall be authorization to begin work, subject to the issuance of a site disturbance permit. Such approval shall become void upon one (1) year from the date of approval if no such permit has been acquired and/or if no such building or construction activity has occurred.

(e)

When all required improvements are installed, the developer/owner shall call for a final inspection. The director of community development or his/her duly authorized representative shall inspect the site to determine if the required improvements are satisfactorily installed according to the plans and specifications.

(f)

Applicant shall be responsible for posting a sign providing public notice of site plan review. Failure to post said sign fifteen (15) calendar days prior to planning commission review, shall cause the application to be withdrawn from the meeting agenda. Said sign shall not be an advertisement sign for the proposed project, but an advertisement of the planning commission meeting dates and times in accordance with the standards established for such provided in the supplemental information.

The plan shall contain all information shown on the current departmental check list for a site plan which may be modified at the discretion of the director of community development when applicable.

The director of community development may waive certain requirements contained in this article if, in his/her opinion, the requirements are not essential to a proper decision on the project; or, he/she may supplement the list with other requirements deemed necessary to clarify the nature of the proposed development.

An application for site plan review shall be accompanied by the appropriate fee as more specifically enumerated in Article XXXIV, Schedule of Fees.

(a)

Site disturbance permit. Each person, firm, corporation, utility, entity or agent thereof engaged in any site preparation and/or construction activities shall acquire a site disturbance permit from the department of community development prior to commencement of such activities as established pursuant to the provisions of this article and no such activity shall commence prior to the approval of the site plan by the planning commission. Fees for said permit shall be as more specifically enumerated in Article XXXIV, Schedule of Fees.

(b)

Building permit. Upon approval of the site plan, either as submitted or with changes and/or special conditions required by the planning commission, the building official may issue a building permit for a portion or all of the proposed development provided that the application is in compliance with all applicable city, county, state and federal requirements.

(Ord. No. 2023-26, § 2(A), 7-17-23)

The city intends to encourage safe, useable outdoor areas in the Village Overlay District that provides for seating, decorative features, landscaping, and pedestrian accessibility. Multi-story buildings that include balconies, canopies, and other similar projections are highly encouraged. The following provisions shall apply to proposed balconies, canopies, and other similar projections:

(a)

A balcony, canopy, and/or similar overhang may encroach into the front building setback and corner side setback, except at that the corner of Main Street and Bay Front Drive, where no encroachment shall be allowed into corner side setback. For setback details, see Table 36-16, Setbacks.

(b)

Subject to the provisions of the right-of-way ordinance as provided in Ordinance 2020-22 as may be amended from time to time, a balcony, canopy, and/or similar overhang may project over the right-of-way or other public property.

(1)

Balconies or canopies that project into the right-of-way shall have a drainage system that prevents water from draining directly onto the right-of-way. All drainage designs shall be approved by the city engineer.

(c)

Balconies must comply with the following:

(1)

Nothing shall be placed on, over or beyond the railing or wall of the balcony or other similar projection.

(2)

At all times at least five (5) feet of the sidewalk area shall remain clear and free of impediments and objects. Placement of supportive columns shall be given consideration of structural and architectural integrity, vehicular and pedestrian safety and ADA compliance.

(3)

The minimum finished floor elevation of any balcony shall be twelve (12) feet above grade or as otherwise determined appropriate by the city engineer.

(4)

The distance between the back of the curb and the furthest point of said projection shall be at least ten (10) feet or as otherwise determined appropriate by the city engineer.

(d)

Balconies, canopies, and other similar projections shall comply with the provisions provided in the Table of Permissible Projections.

(Ord. No. 2023-26, § 2(B), 7-17-23)

Editor's note— Ord. No. 2023-26, § 2(B), adopted July 17, 2023, repealed § 36-8, and enacted a new § 36-8 as set out herein. The former § 36-8 pertained to issuance of building permit and derived from the prior Code. The user's attention is directed to § 36-7 for similar provisions.

Any mixed-use development in the Village Overlay District shall provide a minimum of one and one-half (1.5) parking space per residential unit. Any other business development located within the Village Overlay District with a lot frontage of fifty (50) feet shall require a minimum of four (4) parking spaces, with a lot frontage of twenty-five (25) feet shall require a minimum of two (2) parking spaces, and shall also comply with the minimum design and improvements standards as otherwise outlined in this Ordinance and ADA requirements.

Off-street parking for multi-use or mixed use developments shall be located in the rear of the building(s) adjacent to the street unless an alternate location is approved by the planning commission.

For any use for which the above referenced parking requirement cannot be met due to the unique conditions of a particular parcel of property, off-street parking spaces of the public type may be considered toward the requirements necessary to comply with the article upon determination of the director of community development and approval of the planning commission.

(Ord. No. 2022-58, § 8(B), 9-6-22)

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.

(a)

Nonconformance: Any sign in existence on the date of the adoption of this Ordinance that is not in conformance shall be considered a nonconforming sign and shall be permitted to continue to exist subject to the conditions and prohibitions set forth in the provisions of Article XXXIII, Sign Provisions.

(b)

Single-use building (A commercial building with one (1) tenant): Signs indicating the name of a business or retail use permitted in this district with a single-use building shall have one (1) sign not to exceed fifteen (15) square feet in area per face, five (5) feet in height, of the ground sign or pylon type, and have two (2) faces.

Each establishment of a business or retail use permitted in this district with a single-use building may acquire an additional permit for a wall-mounted sign of a size not to exceed ten (10) percent of the surface frontal area of its building or portion of the building. Signs mounted on mansards, marquees, windows, and awnings are deemed to be wall signs.

(c)

Multi-use building (A commercial building which houses more than one (1) commercial tenant): Signs indicating the name of a business or retail use permitted in this district with a multi-use building shall have one (1) sign not to exceed thirty-two (32) square feet in area per face, ten (10) feet in height, of the ground sign or pylon type, and have two (2) faces.

Each establishment of a business or retail use permitted in this district with a multi-use building may acquire an additional permit for a wall-mounted sign of a size not to exceed ten (10) percent of the surface frontal area of its building or portion of building. Signs mounted on mansards, marquees, windows, and awnings are deemed to be wall signs.

(d)

Fees: Signs permitted under this article shall require a permit as more specifically enumerated in Article XXXIII, Sign Provisions. Fees for each permitted sign shall be as more specifically enumerated in Article XXXIV, Schedule of Fees.

A sidewalk of a minimum six (6) feet in width shall be required to be located adjacent to the front property line and in the interior of multi-use developments.

(a)

General requirements: Any use in this district shall suitably landscape at least five (5) percent of the subject property and also comply with the requirements of Article XIX, Landscape and Tree Protection.

Innovative landscape designs to include planters and/or hanging plants, as well as, a "natural cluster of trees" may be approved; if recommended by the director of community development and given approval by the planning commission; if it is determined the landscape design is compatible with the character of the district.

More stringent design and landscape standards may be required if it is determined that the design would be more compatible with the development and more beneficial to the aesthetics of the city.

(b)

Off-street parking landscape requirements: The design and appearance of parking areas are intended to be compatible with the character of the community. Toward this objective, the following landscaping standards shall be observed in the construction of off-street parking areas:

(1)

Landscaped areas and perimeter areas shall be so graded as to receive a reasonable portion of the rainfall from the surrounding pavement. Protective curbing around landscaped areas will leave openings for the flow of water onto unpaved areas.

(2)

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

(3)

The owner, tenant and/or agent, if any, shall be jointly and severally responsible for watering and maintaining all landscaping in a healthy, neat and orderly condition, replacing it when necessary, and keeping it free of refuse and debris.

(4)

Adjacent residential property owners may jointly agree on the establishment of a common landscaped or fenced area between their properties which meet the requirements of this article.

(c)

Buffer zone requirements: Where a business district abuts any part of a residential district, a buffer zone ten (10) feet in width shall be required. The buffer shall run the entire length of the abutting lot line(s). Under no circumstances shall this buffer impair vehicular flow and shall be part of the yard requirements. Said protection buffer shall be maintained in such a manner to accomplish its purpose continuously.

This district shall comply with the following minimum standards and said buffer zone shall be constructed of at least one (1) of the following three (3) designs or a combination thereof as determined by the director of community development and approved by the planning commission:

(1)

Wall or fence: If a wall or fence of solid appearance is provided as a protection buffer, it shall be at least six (6) feet in height and of a construction and a design approved by the planning commission.

(2)

Screen planting strip: A staggered double row of Evergreen plantings at least ten (10) feet in width which will grow to at least ten (10) feet in height and spaced in a manner in which after three (3) years it will provide an impervious visual barrier.

(3)

Natural forest: A natural, undisturbed forest which provides a nearly impervious visual barrier due to the dense nature of the plants and/or trees. If this option is chosen, the width of the buffer zone shall be ten (10) feet in width and shall be included on the landscape plan.

The director of community development shall determine whether the barrier is satisfactory via site inspection prior to approval.

The landscape architect shall be responsible for the supervision of all plantings. After completion, the landscape architect shall certify in writing to the City of Daphne that the submitted, approved landscape plan has been implemented and complies with the requirements of this article.

A certificate of occupancy shall not be issued until the submitted, approved landscape plan has been implemented or a bond has been posted. Said bond shall be in an amount equal to one hundred and fifty (150) percent of the actual landscape cost which shall be certified by a professional landscape architect.

The Code Enforcement Officer of the City of Daphne shall serve the owner of said property, each person, firm or corporation engaged in the activities regulated hereunder in which the activities are being conducted in violation of any provision of this article with a summons and complaint citation. The person(s) shall be fined upon conviction, not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00) and costs of the court for each offense.

(a)

When dwelling unit faces the side yard, the dwelling unit shall not be less than twenty-five (25) feet from the side lot line.

(b)

None. If there is a rear alley, the setback shall be twenty-five (25) feet. When abutting a residential district, it shall be not less than ten (10) feet. (See Buffer requirements, section 36-12).

(c)

None, except when abutting Main Street, the corner yard setback shall be not less than twenty-five (25) feet.

(Ord. No. 2016-39, § I(I), 7-5-16; Ord. No. 2023-26, § 2(C), 7-17-23)

Except as otherwise provided herein, no structure shall exceed thirty-five (35) feet in height in any R-4, Single-Family and Multi-Family Residential, district or more than fifty (50) feet in height in any Business or Mixed use District. Structures of more than fifty (50) feet may be permitted subject to the approval of the city council (See definition of height, Building, in Article VIII, Definition of Terms).

Any use in this district shall comply with Article XVIII, Drainage and Stormwater Management.

Any use in this district shall comply with Article XVII, Procedures for Subdivision Review where applicable.

The Village Overlay District Map, Exhibit C, is hereby adopted and as a part of this Ordinance. (See Appendix).