Where uncertainty exists with respect to the boundaries of any of the districts as shown on the official zoning district map, the following rules shall apply:

(a)

Unless otherwise indicated, the zoning district boundary lines shall be construed to follow property lines, land lot lines, center lines of streets, highways, alleys, shorelines of streams, reservoirs, other bodies of water, or civil boundaries.

(b)

Where zoning district boundaries are approximately parallel to the center lines of streets, highways, railroads, streams, reservoirs, bodies of water, or lines extended such zoning district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the official zoning district map. If no distance is given, such dimensions shall be determined by the use of the scale shown on the official zoning district map.

(c)

Where zoning district boundary lines appear on the official zoning district map and it divides a lot which is in single ownership at the time of this enactment of this Ordinance, the use classification of the larger(est) portion may be extended to the remainder by the planning commission without recourse to amendment procedure.

(d)

Where a public road, right-of-way, street, or alley is officially vacated or abandoned, the regulations applicable to the property to which it is reverted shall apply to such vacated or abandoned public road, right-of-way, street, or alley.

(e)

In case the exact location of a zoning district boundary line cannot be determined by the foregoing methods, the board of zoning adjustment shall upon application determine the location of the line.

It is the intent of this section to recognize the elimination of existing buildings and structures or uses that are not in conformance with the provisions of this Ordinance in as much as it is a subject of health, safety, and general welfare and for the prevention of the establishment of new uses which would violate said provisions. It is also the intent of this Ordinance to administer the elimination of nonconforming uses, buildings, and structures so as to avoid any unreasonable invasion of established private property rights.

Any structure or use of land existing at the time of the enactment of this Ordinance and amendments thereto and not in conformance with its use regulations and provisions may be continued subject to the following provisions:

(a)

Unsafe structures: Any structure or portion thereof declared unsafe by any authority may be restored to a safe condition provided the restoration is in compliance with requirements of this section.

(b)

Alterations: Any change in a nonconforming building site or yard area is subject to the following:

(1)

No nonconforming building can be structurally altered, except for repairs or the installation of plumbing fixtures required by law; the changing or interior partitions; interior remodeling, cannot be substantially added to moved or extended in anyway unless the addition meets the provisions of this Ordinance.

(2)

Should a nonconforming building be moved, all nonconforming yard areas shall be eliminated.

(3)

A nonconforming use of land shall be restricted to the lot occupied by such use as of the effective date of this Ordinance. A nonconforming use of a building or buildings shall not be extended to include either additional buildings or land subsequent to the enactment of this Ordinance.

(4)

A nonconforming building, structure, or improvement which is hereafter damaged or destroyed to an extent exceeding fifty (50) percent of the reasonable estimated replacement cost of the structure, building or improvement may not be reconstructed or restored to the same nonconforming use, except upon the approval of the board of zoning adjustment. Such damaged or destroyed structures that are no longer in use shall be removed and the site cleared at the owner's expense.

(c)

Change in use: A nonconforming use which is changed to a conforming use shall not be permitted to revert to the original or a less restrictive use.

(d)

Discontinuance: A nonconforming use which became such upon the adoption of this Ordinance and which has been discontinued for a continuous period of one (1) year shall not be reestablished and any future use shall be in conformity with the provisions of this Ordinance.

(e)

Adjacent land: The presence of a nonconforming use in a zoning district shall not be legal grounds for the granting of variances for other surrounding properties by the board of zoning adjustment.

Blocks shall be arranged to assure maximum use of the topographic features of the land and shall not be less than four hundred (400) feet nor more than twelve hundred (1,200) feet in length, except as the planning commission considers necessary to secure efficient use of land or desired features of a street pattern. In blocks more than eight hundred (800) feet in length, the planning commission may require one (1) or more public crosswalks of not less than ten (10) feet in width to extend entirely across the block at locations deemed necessary.

Blocks shall be wide enough to allow two (2) tiers of lots of minimum depth, except where fronting on major streets, limited access highways, railroads, or where prevented by topographical conditions or size of the property, in which case the planning commission will approve a single tier of lots of minimum depth.

The size, shape, and orientation of lots shall be such as the planning commission deems appropriate for the type of development, use contemplated, and shall be properly related to the topography of the land and character of the surrounding development. Insofar as practical, side lot lines shall be at a right angle to straight street lines or radial to curved street lines.

Residential lots served by central water and sewerage systems shall not be less than fifty (50) feet wide at the building setback line nor less than five thousand (5,000) square feet in area, provided they comply with the requirements of the zoning district in which the development is to occur.

Residential lots with central water supply, but not served by a central sewerage system shall not be less than ninety (90) feet wide at the building setback line nor less than fifteen thousand (15,000) square feet in area; provided, however, greater area may be required by the planning commission if it is indicated by data from percolation tests or determined by the Baldwin County Health Department.

Residential lots served by an individual source of water supply and an individual sewage disposal system shall be not less than one hundred (100) feet wide at the building setback line nor less than twenty thousand (20,000) square feet in area as required by the Baldwin County Health Department after investigation of soil conditions, proposed sewerage system, and depth of ground water.

A flag lot is a lot with two (2) distinct parts: 1. the flag, which is the only building site; and is located behind another lot; and 2. the staff, which connects the flag to the street; provides the only street frontage for the lot; and at any point is less than the minimum lot width for the zone.

These regulations allow for the creation of flag lots in limited circumstances. The limitations are intended to minimize the negative impacts of flag lots and additional driveways on an area while allowing land to be divided when other options are not achievable.

A residential subdivision shall not consist of more than two (2) flag lots and shall comply with the following criteria:

(a)

Shall have access to a public street or right-of-way by means of an ingress/egress easement thirty (30) feet in width. The staff must be part of the flag lot, connect to a street and be under the same ownership as the flag portion of the lot. Access easements to allow for use of the staff by another lot may be required. The "staff" shall be an all weather driving surface with adequate drainage and properly maintained. "All weather surface" means asphalt, concrete, gravel, or road base. Shared access for up to two (2) lots may be allowed with a recorded easement for all property owners. The staff portion of the flag lot shall not be longer than two hundred fifty (250) feet. Any exemption to these provisions may be granted by the planning commission upon request.

(b)

The minimum lot area shall be compatible with the minimum square footage as required by the zoning district in which the development is to occur. The staff shall not be a part of the required lot or parcel area and shall provide frontage on a public street or right-of-way.

(c)

The setbacks shall be compatible with the minimum setback requirements of the zoning district in which the development is to occur.

(d)

The front setback shall be measured from the projected lot line of the principle lot parallel to the thirty-foot ingress/egress easement.

(e)

The rear and side setbacks shall be measured from the property line.

(f)

Said subdivision shall include up to four (4) lots. Any further subdivision of the property shall require the thirty-foot ingress/egress easements to become a dedicated right-of-way for the purpose of the developer, subdivider, or owner to construct a street in accordance with the specifications and requirements provided herein and to provide all minimum improvements for a subdivision.

(g)

Any subdivision with more than four (4) residential or commercial lots shall be subject to Article XVII, Subdivision Regulations.

(h)

The record plat of any flag lot subdivision shall show that the staff, i.e., access from the dedicated public street to the property, is a dedicated ingress/egress easement; is not a city street; and will not be maintained by City of Daphne.

Where the owner of a lot of record or his successor to the title thereto does not own sufficient land to enable him to conform to the dimensional requirements of this Ordinance, the following exceptions may be allowed:

(a)

Where a lot, tract, or parcel of land has an area or width which does not conform to the requirements of the district in which it is located, said lot may be used for a single-family dwelling in any residential district, provided the lot to be used has a minimum area of four thousand (4,000) square feet and a minimum lot width at the building line of forty (40) feet and is connected to public sewer. In commercial/industrial districts, uses compatible with the district may be allowed by the planning commission.

(b)

When two (2) or more adjoining lots with a continuous frontage are in a single ownership at the time of the application, and such lots have a frontage or lot area less than is required by the zoning district in which they are located, such lots shall be platted or reparcelled to create one (1) or more lots which conform to the minimum frontage and area requirements of the zoning district.

No lot or parcel, even though it may consist of one (1) or more adjacent lots of record, shall be reduced in size so the lot width, depth, front, side, rear yard, inner or outer courts, or lot area or other requirements of this Ordinance are not maintained. This section shall not apply when a portion of a lot is acquired for public use.

(c)

Buildings or structures located on substandard lots of record may be improved only when the addition of adequate plumbing is required by the laws and ordinances of the City of Daphne.

Yard requirements shall be modified subject to the following conditions:

(a)

On double frontage lots, the required front yard shall be provided on each public street or right-of-way.

(b)

An unroofed porch shall not project into a required front yard for a distance exceeding five (5) feet.

(c)

The side yard requirements for substandard lots of record may be reduced for each side yard at the rate of one (1) foot for each four (4) feet by which the lot width lacks fifty (50) feet, provided in no event shall such side yard be reduced to less than five (5) feet on each side.

(d)

The setback requirements for side yards and/or front yards on corner lots or lots of record where setbacks have not been established shall not apply to any lot where the average setback on residentially developed lots located, wholly, or in part two hundred (200) feet on each side of the such lot and within the same block, zoning district, and fronting on the same streets if such lot is less than the minimum required setback. In such cases, the setback on such lot may be less than the required setback, but not less than the average of the setbacks of the existing developed lots.

Other provisions of this Ordinance notwithstanding, any tracts of farm land under cultivation, pasture land, or timberland presently being used for such purposes, consisting of at five (5) acres or more in size, may continue to be used for such purposes regardless of the zoning district in which it lies.

No part of a yard or other open space required for any building for the purpose of complying with the provisions of this Ordinance shall be included as part of a yard or open space similarly required for another building. Every part of a required yard or court shall be open from its lowest point to the sky unobstructed, except for the ordinary projection of sills, cornices, buttresses, ornamental features, chimneys, flues, and eaves, provided such projections shall not extend more than two (2) feet beyond the yard area requirements.

(a)

Every residential building, hotel, motel, condominium single family and multi-family dwelling, and duplex hereafter erected or moved shall be located on a lot.

(b)

The following zoning districts shall allow one (1) principal residential building per lot:

i.

R-1, Low Density Single Family Residential;

ii.

R-2, Medium Density Single Family Residential;

iii.

R-3, High Density Single Family Residential;

iv.

R-4, High Density Single Family Residential; and

v.

R-6(G), Garden/Patio Home.

(c)

In any district where multi-family structures, motels, hotels, or two (2) or more residential structures may be permitted on a lot, no building shall be located closer to another building on the same lot than a distance equal to half the sum of the heights of both buildings.

(d)

In Flood Hazard areas identified on the National Flood Insurance Rate Maps, the height of a building shall be measured from the floor level of the first habitable story for purposes of this section. In addition, the front or rear of any building may be no closer to the front or rear of any other building than forty (40) feet. The side of any building shall be no closer to the side, front, or rear of any other building than thirty (30) feet.

(e)

R-4 (High Density Single and High Density Multi-Family Residential District) shall allow one (1) principal residential dwelling on a lot unless the property is to be developed as a Fixed Dwelling Development.

(Ord. No. 2022-58, § 1, 9-6-22)

(a)

General: Any use may be established as an accessory use to any permitted principal use in any district provided:

(1)

Is customarily incidental to and is maintained and operated as a part of the principal use.

(2)

Is not hazardous to and does not impair the use or enjoyment of nearby property in a greater degree than the principal use with which it is associated.

(3)

Does not create levels of noise, odors, vibration and lighting, or degrees of traffic congestion, dust or pollutants, in a greater amount than customarily created by principal use.

(b)

Satellite receiving dishes: Satellite receiving dishes are permitted accessory uses in any district, provided they comply with the setback, height, and other standards provided herein. In any district, the dish shall be located to the rear of the front building line and must be set back ten (10) feet from any interior or rear lot line.

Special setbacks indicated herein apply on corner lots. The dish together with the principal and accessory building may not exceed the maximum lot coverage permitted in the district in which it is located. In residential districts where the antenna is detached from the main building, its maximum height may not exceed fifteen (15) feet. When roof mounted, it must conform to the zoning district's height requirements and its installation must be checked for safety by the building official. Installation and construction must also comply with the building code. No form of advertising or identification is allowed on the dish or framework other than manufacturers' small identification plates.

(c)

Radio and TV antennas: Private radio and TV antennas for individual homes or for amateur uses are permitted as accessory structures in any district and may be placed on roofs or in rear or side yards so they do not occupy more than fifty (50) percent of said yard, nor come closer than five (5) feet to any right-of-way or property line. Antennas in excess of the normal height limitations for the zoning district in which they are located are subject to approval and permitting by the building official.

Said permit shall include a clause which shall indemnify, hold harmless, and protect the City of Daphne against any and all liabilities which may result from the erection and use of such radio and TV antennas.

Antennas must be properly constructed in compliance with the requirements of the Federal Communications Commission (FCC), the American Radio Relay League, Inc. (ARRL), or equivalent standards and good engineering practices as determined by the building official.

(c)

Fall-out shelters: Fall-out shelters are permissible as principal or accessory structures in any zoning district, subject to the following conditions:

(1)

If any portion of the structure extends above the ground, the portion above the ground must comply with the yard and lot coverage requirements of the zoning district in which it is located. The plot plan for such shelter shall be approved by the building official.

(2)

If the structure is completely underground, it need not comply with yard requirements or percentage of lot coverage requirements.

(3)

A fall-out shelter, underground or above ground, shall be confined to a side or rear yard and shall not be located in the front yard between the main building and the street on which it fronts.

(4)

Fall-out shelters may contain or be contained in other structures or may be constructed separately.

Where an accessory structure is attached to the main building, a substantial part of one (1) wall of the accessory structure shall be an integral part of the main building or such accessory structure shall be attached to the main building in a substantial manner by a roof, and therefore, such requirements applicable to the main building shall apply. The lot shall be large enough to accommodate the principal building and the accessory building or building(s) and meet the yard and other district requirements as otherwise provided herein. The principal building and accessory structure must comply with the requirements applicable to the maximum building coverage specified in this Ordinance.

In residential districts, a detached accessory structure shall conform to the following requirements:

(a)

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

(b)

Shall not be constructed to exceed more than one (1) story or fifteen (15) feet mean roof height unless such building sits within the primary residence building setback lines, and shall not exceed more than thirty (30) percent of the rear yard.

(c)

Shall not be closer than five (5) feet to the main building.

(d)

Shall maintain a side yard setback of not less than five (5) feet.

(e)

Shall maintain a rear yard setback of not less than five (5) feet.

(f)

There shall be one (1) power meter to service both the primary residence and the accessory structure. A second power meter may be allowed with the approval of the building official in conditions of extreme hardship due to distance or access. The decision of the building official may be appealed to the board of zoning adjustment in accordance with provisions established herein.

(g)

Prefabricated accessory structures are intended for storage. Any and all prefabricated accessory structures shall conform to the following requirements:

(1)

Shall be no more than eighteen (18) feet in length;

(2)

Shall not be used as a habitable unit;

(3)

Shall not be served by heat or sanitary plumbing;

(4)

Does not need to be placed on a permanent foundation; and

(5)

Shall be no more than two hundred twenty (220) square feet in area.

(Ord. No. 2013-03, § I, 1-22-13)

Access to public streets shall be maintained in accordance with the following requirements:

(a)

Each principal use shall be placed on a lot or parcel which provides frontage on a public street having a right-of-way of not less than fifty (50) feet, except where existing public right-of-way is less than fifty (50) feet.

Single-family—A detached building designed for and occupied by one (1) family as a home, with cooking and housekeeping facilities which meets or exceeds the following standards:

(a)

The home has a length not to exceed four (4) times its width, with the length measured along the longest axis and the width measured at the narrowest part of the other axis with the minimum width of not less than twenty (20) feet.

(b)

The roof shall have a minimum 3:12 (three to twelve) roof pitch and shall have a surface of wood shakes, asphalt composition, wood shingles, concrete, fiberglass or metal tiles, slate, or built up gravel materials. All roof structures shall provide an eave projection of not less than six (6) inches.

(c)

The exterior siding materials shall consist of wood, masonry, concrete, stucco, masonite, metal, brick, or vinyl lap or other materials of like appearance.

(d)

The electric meter must be attached to the structure.

(e)

Taxed as real property.