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Dothan City Zoning Code

ARTICLE I.

IN GENERAL

Sec. 114-1.- Short title; zoning map.

This chapter shall be known as the "Zoning Regulations of Dothan, Alabama" and the map herein referred to, identified by the title "Zoning Map of Dothan," as amended from time-to-time, shall be further identified by the signature of the mayor and attested by the city clerk. The zoning map and all explanatory matter thereof are adopted and made a part of this chapter. Such map shall be maintained by the planning and development department with a copy filed in the office of the city clerk and shall show thereon the date of adoption of this chapter.

(a)

Changes in district boundaries. If, in accordance with the provisions of this chapter, changes are made in district boundaries or other matter portrayed on the official zoning map, such changes shall be entered onto the digital files comprising the official zoning map. Changes shall be made promptly after the amendment has been approved by the city commission and advertised as required by law. No amendment to this chapter which involves information portrayed on the official zoning map shall become effective until after such change and entry has been made on said map.

(b)

Unauthorized changes prohibited. No changes of any nature shall be made in the official zoning map, or matter thereon, except in conformity with the procedures set forth in this chapter. Any unauthorized change of whatever kind by any person or persons, shall be considered a violation of this chapter and punishable as provided by City Code.

(c)

Final authority to zoning. Regardless of the existence of purported copies of the official zoning map, which may from time to time be made, published or printed, the official zoning map, which shall be located in the office of the administrative official, shall be the final authority as to the current zoning status of land, buildings, and other structures in the city.

(d)

Replacement of official zoning map. From time to time and in the event the official zoning map becomes damaged, destroyed, lost, or difficult to interpret because of the nature or number of changes and additions, the city commission may, by resolution, adopt a new official zoning map. The new official zoning map will reflect changes in boundaries since last adopted, correct drafting, or other errors or omissions, but no such correction shall have the effect of amending the original official zoning map or any subsequent amendment thereof. The new official zoning map shall be identified by the signature of the mayor and attested by the city clerk, under the following words: "This is to certify that this official zoning map supersedes and replaces the official zoning map adopted (date of adoption of map being replaced) as part of the Zoning Ordinance of the City of Dothan, Alabama."

(Ord. No. 2015-336, § 1, 12-1-15)

Sec. 114-2. - Purpose.

The fundamental purpose of this chapter is to promote the public health, safety and general welfare; to encourage the use of lands and natural resources in the City of Dothan in accordance with their character and adaptability; to limit the improper use of land; to provide for orderly development and growth; to reduce hazards to life and property; to establish the location and size of and the specific uses for which dwellings, buildings and/or structures may hereafter be erected or altered, the minimum open space required, sanitary, safety and protective measures that shall be required for such dwellings, buildings, and buildings and/or structures; to avoid congestion on the public roads and streets; to provide safety in traffic and vehicular parking; to facilitate the development of an adequate system of transportation, education, recreation, sewage disposal, safe and sufficient water supply and other public requirements; to conserve life, property and natural resources and the expenditure of funds for public improvements and services to conform with the most advantageous uses of land, resources and properties, for the general good and benefit to the people of the City of Dothan.

(Ord. No. 2015-336, § 1, 12-1-15)

Sec. 114-3. - Interpretation.

In the interpretation and application, the provisions of this chapter shall be considered minimum requirements. Where other chapters or regulations which may be adopted impose greater restrictions than those specified in this chapter, compliance with such other chapters or regulations are mandatory. The administrative official shall make all interpretations of these regulations necessary to administer those regulations. Purposes and intent statements (where applicable) shall guide the interpretation of these standards, and direct the application of any flexibility specifically permitted under the regulations.

Unless the context clearly indicates to the contrary, conjunctions shall be interpreted as follows:

(1)

"And" indicates that all connected items, conditions, provisions or events shall apply.

(2)

"Or" indicates that one or more of the connected items, conditions, provisions or events shall apply.

(3)

"Either or" indicates that the connected items, conditions, provisions or events shall apply singularly but not in combination.

Except as defined by this chapter, words, terms and phrases used in this chapter, shall be construed according to the common and approved usage of the language, but technical words and phrases and such others that have acquired a peculiar and appropriate meaning in law, shall be construed and understood according to such meaning except where the context clearly indicates a different meaning.

(Ord. No. 2015-336, § 1, 12-1-15)

Sec. 114-4. - Authority.

(a)

Planning commission. Unless specified otherwise in the Code of Alabama 1975, § 11-52-14, the duties, powers, responsibilities and procedures of the planning commission shall be as provided for in Title 11, Chapter 52, Code of Alabama 1975, § 11-82-1 et seq. These provisions, as amended, shall apply to all changes and amendments.

(b)

Board of zoning adjustment. Unless specified otherwise in the Code of Alabama 1975, § 11-52-80, the duties, powers, responsibilities and procedures of the board of zoning adjustment shall be provided for in Title 11, Chapter 52, Code of Alabama 1975, § 11-52-80, and Alabama Act Number 97-673. These provisions, as amended, shall apply to all changes and amendments.

(Ord. No. 2015-336, § 1, 12-1-15)

Sec. 114-5. - Delegation of authority.

The administrative officer may authorize subordinates to perform the required acts or duties of these zoning regulations unless the terms of the provision or section specify otherwise. Subordinates delegated to perform required acts or duties of this chapter shall have the authorities assigned to the administrative officer.

(Ord. No. 2015-336, § 1, 12-1-15)

Sec. 114-6. - Computation of time.

The time within which an act is to be done shall be computed by excluding the first and including the last day; if the last day is a Saturday, Sunday or legal holiday, that day shall be excluded. In the computation of time for public hearing notice, both the first day (day of the advertisement) and the last day (day of the hearing) shall be excluded. The following time-related words shall have the meanings ascribed below.

(1)

Day means one calendar day unless working day is specified.

(2)

Week means seven calendar days.

(3)

Month means one calendar month.

(4)

Year means one calendar year, unless otherwise indicated.

(Ord. No. 2015-336, § 1, 12-1-15)

Sec. 114-7. - Jurisdiction.

The provisions of this chapter shall apply within the corporate limits of the City of Dothan, Alabama. Said provisions shall be applicable to the corporate limits, which exist at the time of adoption of this chapter, as well as to any future revisions to the corporate limits.

(Ord. No. 2015-336, § 1, 12-1-15)

Sec. 114-8. - Number.

A word indicating the singular number may be extended and applied to include the plural. The use of the plural number shall be deemed to include the singular unless the context clearly indicates the contrary.

(Ord. No. 2015-336, § 1, 12-1-15)

Sec. 114-9. - Fractions.

When any requirement of these regulations results in a fraction of a dwelling unit or other measurement, that fraction will be disregarded and the fraction if less than 0.5 shall be rounded down the nearest whole number, and if equal to or greater than 0.5 shall be rounded up to the nearest whole number.

(Ord. No. 2015-336, § 1, 12-1-15)

Sec. 114-10. - Shall and may.

The word "shall" is always mandatory and not discretionary. The word "may" is permissive.

(Ord. No. 2015-336, § 1, 12-1-15)

Sec. 114-11. - Tense.

Words used in the past or present tense include the future as well as the past or present, unless the context clearly indicates the contrary.

(Ord. No. 2015-336, § 1, 12-1-15)

Sec. 114-12. - Text.

In case of any difference of meaning or implication between the text of this zoning code and any figure, the text shall control.

(Ord. No. 2015-336, § 1, 12-1-15)

Sec. 114-13. - Building and/or structure.

The words building and/or structure are sometimes used interchangeably.

(Ord. No. 2015-336, § 1, 12-1-15)