The regulations contained in this article supplement or modify the district regulations appearing elsewhere in this chapter.

(Ord. No. 2015-336, § 1, 12-1-15)

Any land use existing at the time of enactment of the ordinance, from which this chapter is derived or of subsequent amendment to, but not in conformity with its provisions, may be continued in perpetuity unless:

(1)

The use or structure is discontinued for a continuous period exceeding six months or for an aggregate of 18 months during any 36-month period after which it may not be re-established without rezoning approval. Discontinuance of use shall be evidenced by disconnection of utilities or forfeiture of a business license.

(2)

The use is extended, expanded or altered except in conformity to this chapter.

(3)

Legal nonconforming uses may be changed to another nonconforming use of a similar classification and character provided no alterations to the site or structure are required. Whenever a nonconforming use has been changed to a lesser nonconforming use or to a conforming use, such use shall not thereafter be changed to a less conforming use or nonconforming use, respectively.

(Ord. No. 2015-336, § 1, 12-1-15)

(a)

Generally. Any building and/or structure existing at the time of enactment of the ordinance from which this chapter is derived or of subsequent amendment to this chapter, but not in conformity with its provisions, will be considered a nonconforming building and/or structure. The use of a nonconforming building and/or structure may continue in perpetuity subject to the provisions of section 114-171.

(b)

Additions or alterations. Additions or alterations to any nonconforming building and/or structure, whether residential or non-residential, must be made in conformity to this chapter.

(c)

Residential buildings and/or structures. Nonconforming residential buildings and/or structures may be rebuilt after fire or damage in residential districts within the limits of the existing foundation, provided the yard space and other requirements conform as closely as possible, in the opinion of the building official, to the requirements of the district in which it is located. No building need be set back more than the average of the setbacks of the existing buildings within 100 feet of each side thereof. Neither side yard shall be reduced to less than five feet in width.

(d)

Non-residential buildings and/or structures. Nonconforming non-residential buildings and/or structures shall not be rebuilt after fire or other damage if said damage exceeds the full value above the foundation for tax purposes except in conformity to this chapter.

(Ord. No. 2015-336, § 1, 12-1-15)

Any lot existing at the time of enactment of this chapter, September 1, 1966, but not in conformity with its provisions, will be considered a nonconforming lot of record. Where the owner of a lot of record does not own sufficient adjacent land to enable construction of a building and/or structure which conforms to the dimensional regulations of this chapter, one primary building and/or accessory buildings and/or structures may be built. The owner is required to meet said dimensional regulations unless a variance, as outlined in article VI, is granted by the board of zoning adjustment.

(Ord. No. 2015-336, § 1, 12-1-15)

(a)

In each zoning district, each building and/or structure erected extended or altered shall comply with the dimensional regulations set forth in this chapter.

(b)

Open spaces that are required in conjunction with any city approval shall be kept as such in perpetuity. Furthermore, these areas shall not be counted as required open space for any other building and/or structure.

(Ord. No. 2015-336, § 1, 12-1-15)

No lot area shall be reduced in area so that yards and other spaces total less than the minimum area required under this chapter.

(Ord. No. 2015-336, § 1, 12-1-15)

(a)

Fences, walls, shrubbery, signs, marquees, or other obstruction to vision shall comply with the sight distance standards referenced in City Code chapter 98, section 10.

(b)

Accessory structures on a corner lot shall be set back the minimum front yard depth required on each street.

(Ord. No. 2015-336, § 1, 12-1-15)

Swimming pools or wading pools not located within a permanently and completely walled structure shall be constructed so that the water line is no closer than ten feet of any property line and shall be completely enclosed by a fence in accordance with the adopted swimming pool code, and gates shall be locked at all times when the pool is not in use. Fences and gates shall be so constructed and of such materials so as to prevent the entry of children and usual household pets into the pool area.

(Ord. No. 2015-336, § 1, 12-1-15)

Storm shelters are permitted as principal or accessory uses and structures in any district, subject to the yard and lot coverage regulations of the district. Such shelters may contain or be contained in other structures or may be constructed separately and in addition to shelter use may be used for any principal or accessory use permitted in the district, subject to the district regulations on such use, but shall not be used for principal or accessory uses prohibited expressly or by implication in the district.

(Ord. No. 2015-336, § 1, 12-1-15)

At the time of adoption of the ordinance from which this chapter is derived or at the time this chapter is changed by amendment, on any lot which may be reduced in area by widening a public street to a future street line as indicated on the duly adopted major street plan, as amended, the minimum required yards, the minimum required lot area, the minimum required lot width and the maximum building area shall be measured by considering the future street right-of-way lines as the lot line of such lot. Along streets where the future street right-of-way line has been widened as indicated on the duly adopted major street plan, as amended, all buildings or structures to be constructed shall be set back to the future right-of-way line as indicated on the major street plan. In districts where no setback from the street right-of-way line is required, the existing street right-of-way line may be considered the building line, except where the major street plan provides for a wider future street right-of-way.

(Ord. No. 2015-336, § 1, 12-1-15)

(a)

In each zoning district, each structure erected or altered shall not exceed the heights specified in the district requirements in article VIII of this chapter, except upon approval of the board of zoning adjustment.

(b)

Height limitations shall not apply to church steeples, hospitals, sanitariums, barns, silos, farm structures, chimneys, flagpoles, public utility poles, radio and television towers and aerials, cooling towers, water tanks, and industrial structures when required by the manufacturing process utilized, but not to exceed 25 percent of the area of the lot.

(Ord. No. 2015-336, § 1, 12-1-15)

Where a lot of record at the time of the effective date of this chapter had less area or less width than herein required for the district in which it is located, said lot may nonetheless be used as a building site provided the yard space and other requirements conform as closely as possible in the opinion of the planning commission to the requirements for the district in which it is located.

(Ord. No. 2015-336, § 1, 12-1-15)

(a)

Purposes. The requirements of this section are intended to provide off-street parking, queuing and loading facilities in proportion to the need created by each land use in a functionally and aesthetically satisfactory manner that minimizes external effects on adjacent land uses. In each zoning district, each structure erected or altered after the effective date of the ordinance from which this section is derived or any amendment thereof shall be provided with off-street automobile parking as outlined in this section. No off-street automobile parking space required for a building or structure shall, during its life, be occupied or counted as off-street automobile space for another building or structure or used for any purpose other than for automobile parking. The purposes for the regulation of off-street parking and loading are as follows.

(1)

Ensure that each development accommodates the safe and convenient movement of vehicles, bicycles, pedestrians, and transit throughout the proposed development to and from surrounding areas;

(2)

Create a healthful built environment in which individuals have opportunities to incorporate physical activity, such as walking, into their daily routine;

(3)

Create a safe, attractive, pedestrian-friendly environment where the risk of pedestrian injuries or fatalities is minimized through the application of appropriate development standards; where residents have increased opportunities to interact with neighbors; and where the elderly have safe convenient pedestrian routes;

(4)

Create a circulation system that contributes to the attractiveness of the development and the community as a whole;

(5)

Establish standards for the review of development plans; and

(6)

These requirements shall in no way negate the requirements set forth in the downtown overlay district, section 114-157.

(b)

Applicability. The requirements of this section shall apply to all parking and loading areas in all districts. No certificate of occupancy shall be provided unless and until the appropriate motor vehicle parking and loading facilities are provided.

(c)

Responsibility for provision of facilities. The provision for and maintenance of off-street parking and loading facilities herein required shall be the joint responsibility of the operator and owner of the land, building, structure or use on which is located the use for which off-street parking facilities are required.

(d)

Size, location and design.

(1)

Each off-street parking space shall be not less than nine feet by 18 feet, exclusive of access or maneuvering area, ramps and other appurtenances.

(2)

With the exception of vehicles loading and unloading, being used for temporary work that has been contracted by a resident, or are "on-call" pick-up trucks or vans, commercial vehicles exceeding 6,000 pounds shall not be parked or stored in any residentially zoned area.

(3)

Parking lot design shall follow approved engineering standards promulgated by the Institute of Traffic Engineers (ITE) or a similar professional organization.

(e)

Construction and maintenance.

(1)

Off-street parking facilities shall be constructed, maintained and operated in accordance with the following specifications:

a.

All commercial parking areas, vehicle maneuvering areas and driveways shall be paved with concrete, asphaltic concrete, asphalt, brick or interlocking paving blocks, or other durable and all-weather material acceptable to the planning commission.

b.

Boundary or perimeter areas shall be provided with wheel guards or bumper guards, so located that no part of a parked vehicle will extend beyond the property line of the parking area.

c.

Lighting facilities shall be arranged so that they do not unreasonably disturb occupants of the site or of adjacent residential properties or interfere with traffic.

d.

Parking areas shall be provided with entrances and exits so located as to minimize traffic congestion.

e.

Required parking spaces shall not be used for any business involving the sale, repair, dismantling or servicing of any vehicles, or the sale of any equipment, materials, or supplies.

f.

To the maximum extent feasible, site plans for proposed developments shall separate movement of pedestrians from movement of vehicles and bicycles, and protect bicyclists from conflicts with vehicles.

g.

Driveway and parking areas for a single family dwelling may be paved with asphalt, concrete, or another durable and all-weather material acceptable to the administrative official.

h.

Parking lots shall be kept in good repair and periodically resurfaced, seal coated and/or striped.

(f)

Calculating parking requirements/allowances. The minimum number of parking spaces required is based on the type of use. To determine the minimum number of parking spaces required, locate the applicable standard based on the uses in table 1 below.

(1)

Unless a specific use is listed, the required number of parking spaces shall be the sum of the combination of uses on the lot.

(2)

If the calculation of required spaces results in a fraction of a parking space, the number shall be rounded up to the nearest whole number.

(3)

Handicapped parking shall be provided in accordance with standards set forth in the Americans with Disabilities Act and shall be counted as part of the total.

(4)

Floor area shall equal the gross floor area (GFA) including outdoor dining areas less all area used for kitchen, hot/cold storage, office space and other non-customer areas.

GFA - Gross Floor Area

(g)

Shared parking. In meeting the requirements of this section, adjacent land uses, lots, or sites may share parking under the following conditions and standards:

(1)

With an approved shared parking agreement and/or development plan approval, required parking may be reduced 15 percent from the cumulative amount of the uses sharing the parking on that lot.

(2)

For either a major or minor development plan, any developer desiring to provide shared parking shall request approval to do so from the administrative official prior to submitting for development plan approval.

(3)

If individual landowners agree to share parking, a written agreement between the various property owners providing for cross-access easements and stipulating that only those buildings, structures or units shown on the development plan may share parking.

(4)

In the case of a single owner, an overall shared parking plan for the properties or development sites may be submitted with the application for development plan approval. Only those buildings, structures or units shown on the development plan may participate in the shared parking arrangement. The location of the balance of required spaces shall be noted on the development plan.

(5)

Should there be a change in the number of structures or units within any individual structure or location which is bound by a shared parking agreement or plan, the shared parking agreement shall be subject to the review and approval of the planning director, or at his/her discretion, the review and approval of the planning commission.

(6)

The agreement shall be executed and recorded in the appropriate county recording office and be binding on subsequent purchasers, inheritors or assigns and a copy provided to the planning and development department.

(7)

All shared parking spaces shall be within 660 feet of the main entrance of any building sharing the parking. Pedestrian access to the entrance(s), either by way of pedestrian alleys, passages or public sidewalks in the streetscape shall be provided.

(h)

Administrative reductions. The administrative official is hereby authorized to consider a reduction of up to 50 percent to the requirements of section 114-182(f) when evidence is presented that warrants such reduction. In making a finding for any reduction in parking requirements, the following factors shall be considered, but not limited to: geographic location; residential density; employment density; land use mix; availability of or proximity to shared parking; demographics; building design/usage; impact on adjacent uses; walkability of the area; and/or submitted parking impact studies. An applicant shall also provide at least three examples of similarly situated uses. It shall be the sole responsibility of the applicant to present any such evidence to the administrative official for consideration. In no case shall the provisions of this section be further varied and appeals of any determination by the administrative official shall be heard by the planning commission.

(Ord. No. 2015-336, § 1, 12-1-15; Ord. No. 2023-271, § 1, 9-5-23)

(a)

Principal buildings and/or structures. It is the intent of this section that there shall be but one main building and/or structure plus any permitted accessory buildings and/or structures on any lot used for single-family residential purposes. Upon development plan approval, lots in other zoning districts may contain more than one main building and/or structure.

(b)

Residential accessory buildings and/or structures. It is the intent of this section that accessory buildings and/or structures may be permitted on any lot used or zoned for residential purposes. The following standards apply to residential accessory buildings and/or structures:

(1)

Accessory buildings.

a.

Are permitted in rear yards; no accessory building and/or structure shall be permitted in a regulatory front or side yard.

b.

Shall be located a minimum of ten feet from any building and/or structure and a minimum of five feet from any property line.

c.

Shall be permitted only in compliance with standards for distance between buildings, and setbacks, if any, from property lines.

d.

Shall not be used for storage of hazardous, incendiary or noxious materials and shall not be located nearer than 100 feet from any property line.

e.

Shall be included in calculations for impervious surface, lot coverage, floor area ratio, or any other site design requirements applying to the principal use of the lot.

f.

Vehicles, including recreational vehicles, and travel trailers, shall not be used as temporary or permanent living quarters, storage buildings, utility buildings, or other such uses.

g.

Mobile storage units are limited to 60 days on site front, back or side. After 60 days, the unit must be positioned as required for accessory buildings.

(2)

Swimming pools, wading pools, hot tubs, and similar buildings and/or structures.

a.

Swimming pools or wading pools shall be constructed no closer than ten feet from the waterline to any property line and shall be completely enclosed by a fence or wall at least four feet in height and maintained in accordance with any adopted swimming pool code. All gates shall be locked at all times when the pool is not in use. Fences and gates shall be so constructed and of such materials so as to prevent the entry of children and usual household pets into the pool area.

b.

Enclosures for pools shall not be considered a part of the principal building and/or structure unless roofed with any material other than transparent screening and shall not be enclosed on any side other than where it is attached to the principal structure. Pool enclosures shall not be located closer than five feet to any property line.

(3)

Fences.

a.

All fences require a permit and shall comply with the building code.

b.

Fences may be located along all front, side and rear yards and may be constructed on any common property line. Unless otherwise approved per subsection j. below, no fence or hedge located in a required front yard shall exceed four feet in height unless it meets the minimum required front yard setback for the zoning district in which it is located. On corner lots where the street side yard abuts the front yard of another lot, the fence shall not exceed a height of four feet. Otherwise, fence height shall comply with the provisions of subsection d. below.

c.

In areas where the property faces two roadways or is located in any other area construed to be a corner lot, no opaque fence or hedge exceeding two feet in height shall be located in the line of sight.

d.

No fence shall generally exceed six feet in height; however, fences may be approved by the building official of a maximum of eight feet in height if designed to withstand the current wind-load.

e.

No fence shall be constructed or installed in such a manner as to interfere with drainage on the site.

f.

Any fence located adjacent to a public right-of-way or private road shall be placed with the finished side facing that right-of-way or private road.

g.

A fence required for safety and protection of hazards by another public agency may not be subject to the height limitations above. Approval to exceed maximum height standards may be given by the administrative official upon receipt of satisfactory evidence of the need to exceed height standards.

h.

Fences must be constructed of a permanent weatherproof material such as wood, vinyl or masonry. Fabric, plastic sheeting or metal attached to a fence constructed of approved materials (unless specially designed and created as a fence) is not permitted.

i.

Fences in residential, office or commercial districts may not contain barbed wire or a similar product unless otherwise approved by the board of zoning adjustment.

j.

Exceptions to the front yard height limitations of section 114-183(b)(3)b. may be allowed for properties located in L-I, H-I or AC Districts with Special Exception approval by the Board of Zoning Adjustment.

(4)

Awning, carport or porch. An unattached awning, carport or porch, open on three or more sides, may be constructed or erected on the side of or behind any principal building and/or structure in any district, provided that:

a.

No such awning, carport or porch shall be constructed closer than five feet to any property line.

b.

Any such awning, carport or porch located on a corner lot shall be set back at least the minimum front yard setback for the district in which it is located.

c.

Attached carports constructed of fire resistant materials may be approved within five feet of the property line following notification to adjacent property owners. Any written objections filed within five business days shall cause the application to be forwarded to the board of zoning adjustment for review and determination according to the procedures in section 114-98. In no case shall the carport be located closer than five feet to the property line nor shall any variance be granted. Stormwater runoff collected by gutters and downspouts shall not be directed onto adjacent property.

(5)

Accessory dwelling units in single-family residential districts.

a.

Standards. Accessory apartments may be allowed in single-family residential areas provided that all of the following requirements shall be met:

1.

Any accessory apartment must be located on the same lot, tract and/or development parcel as the primary residential building and must be clearly subordinate and incidental to the primary building and/or land use. The lot tract or parcel must contain at least 12,000 square feet.

2.

No more than one accessory apartment shall be permitted on any residential lot.

3.

An accessory apartment shall not exceed 800 square feet.

4.

The accessory apartment shall be located and designed not to interfere with the appearance of the principal building as a single-family dwelling unit.

5.

Any one story accessory apartment shall be set back a minimum of ten feet from any property line and ten feet from any existing buildings. Any two story accessory apartment shall be required to meet the minimum setbacks of the district in which it is located.

6.

One (1) parking space shall be provided for the accessory apartment, and must be located on the same lot on which the accessory apartment is located.

7.

A manufactured home may not be used as an accessory apartment.

8.

Recreational vehicles and travel trailers shall not be used as accessory apartments. However, they may be used for temporary living quarters in times of danger or emergency.

9.

No existing building and/or structure may be converted to an accessory apartment unless it complies with all other minimum district dimensional regulations and the building code.

10.

No variations, adjustments, or waivers to the requirements of this code shall be allowed in order to accommodate an accessory apartment.

(c)

Nonresidential accessory buildings and/or structures. Accessory structures not initially identified on the development plan may be approved by the administrative official regardless of development size in accordance with section 114-183(b)(1).

(1)

Canopy. Any canopy must be set back a minimum of 15 feet from any property line.

(2)

Accessory apartments.

a.

Purpose. The purpose of this section is to provide for housing units to allow for an owner, operator or manager to reside on the premises of non-residential developments, apartment complexes and/or manufactured home parks.

b.

Standards. Accessory apartments may be allowed provided that all of the following requirements shall be met:

1.

Any accessory apartment must be located on the same lot, tract and/or development parcel as the primary building or contained wholly within the primary building and must be clearly subordinate, incidental and in connection with the primary building and/or land use.

2.

No more than one accessory apartment shall be permitted on any lot.

3.

An accessory apartment shall not exceed 800 square feet.

4.

The accessory apartment shall be located and designed not to interfere with the appearance of the principal building.

5.

The accessory apartment shall not be available for commercial short-term or long-term rental to any person who is not employed by the owner and/or lessee of the property.

6.

Any one story accessory apartment shall be set back a minimum of ten feet from any property line and ten feet from any existing building.

7.

One parking space shall be provided for the accessory apartment.

8.

A manufactured home may not be used as an accessory apartment.

9.

Recreational vehicles and travel trailers shall not be used as accessory apartments. However, they may be used for temporary living quarters in times of danger or emergency.

10.

Storage and other buildings regulated by this section shall be included in calculations for impervious surface, lot coverage, floor area ratio, or any other site design requirements applying to the principal use of the lot.

11.

No existing building and/or structure may be converted to an accessory apartment unless it complies with all other minimum district dimensional regulations and the building code.

12.

No variations, adjustments, or waivers to the requirements of this code shall be allowed in order to accommodate an accessory apartment.

(Ord. No. 2015-336, § 1, 12-1-15; Ord. No. 2020-1, §§ 1, 2, 1-7-20; Ord. No. 2022-266, § 2, 9-6-22)

(a)

Condominium buildings. Any unit in any zoning district may be converted into a condominium in accordance with condominium laws as established by the State of Alabama. This allowance does not preclude the district dimensional regulations as set forth by this chapter.

(b)

Dimensional regulations. Refer to the standards established in this chapter (district dimensional regulations). However, no building need be set back more than the average of the setbacks of the existing buildings within 100 feet each side thereof, but in no case shall it be less than 15 feet for residential lots.

(c)

Improvements in flood hazard areas. No permit shall be approved or issued for any construction or development, unless the proposed construction or development complies with City of Dothan Code of Ordinances, chapter 42, floods.

(d)

Driveways on public right-of-way of major thoroughfares. Except for single-family residential developments, no driveway shall be constructed on the right-of-way of any major thoroughfare, except under the condition that access to such driveway is made available to other properties and developments. The planning commission shall not approve any development plans with a driveway on a public right-of-way unless the property owner and the developer provide written assurance that access to the driveway will be made available to other properties and developments. This shall apply only to that portion of a driveway located on the public right-of-way.

(e)

Landscaping. Developments in all districts shall comply with the landscaping requirements as established in article XIII.

(f)

Recreational vehicles, travel trailers, boats, utility trailers (open or closed), etc. Recreational vehicles and travel trailers shall not be used as residential dwellings or as accessory apartments unless located in an approved RV park or campground. Such vehicles shall not be parked in the street, located forward of the principal structure or in the street side yard unless being prepared for relocation or transit. However, they may be used as temporary living quarters in times of danger or declared emergency.

(g)

Governmental/public/utility uses. Governmental/public/utility uses are permitted in all zoning districts subject to development plan review.

(Ord. No. 2015-336, § 1, 12-1-15)

E-911 addressing standards and guidelines promulgated by the board as may be amended or modified from time to time, upon approval of the board of commissioners, is adopted by reference in this section as if fully set forth.

(a)

Exceptions. This division section shall not apply to official traffic control devices erected by the state, the county or the city.

(b)

Display of numerals or characters.

(1)

All buildings, residences, mobile homes or other fixed structures, within the corporate limits and the city police jurisdiction, shall have address numerals/characters permanently and visibly displayed in accordance with the adopted City of Dothan E-911 Addressing Standards and Guidelines.

(2)

For the purposes of this division section, an address for display is defined as the numerals and a character assigned, in compliance with this section, to a specific location but does not contain the street or road name.

(3)

The actual complete address consists of the following: street number, pre-directional, primary street name, suffix and secondary number, if any, as defined by the United States Postal Addressing Conventions DM940-89-03.

(4)

All numerals shall be Arabic numerals.

(c)

Coordination of assignment of addresses.

(1)

The public works department, engineering services division, shall coordinate the assignment of addresses with the Dothan-Houston County Communications District, and both entities shall keep the addresses assigned on file. The engineering services division shall assign addresses within the city.

(2)

All city-maintained data must reflect the addresses and addressing criteria assigned within this section or the E-911 Addressing Standards and Guidelines.

(3)

City of Dothan Public Works Department, Dothan-Houston County Communications District E-911 Board, and city postmaster shall have the authority to promulgate additional rules and regulations regarding addressing within the city consistent with the United States Postal Addressing Conventions DM-940-89-03.

(4)

Violation of any promulgated rule shall be considered to be a violation of this section.

(d)

New structures.

(1)

As soon as initial construction of a new structure has begun, a clearly visible freestanding sign, as specified in the E-911 Addressing Standards and Guidelines, is required until the permanent address numerals/characters are attached or otherwise displayed when the structure is completed or occupied.

(2)

Business structures must have addresses properly displayed before occupancy and use.

(3)

Single-family residential structures must have addresses properly displayed within 30 days of occupancy.

(e)

Existing structures. The resident or current occupant of any dwelling, the manager or occupier of any business structure or the owner of any structure that is not occupied is responsible for compliance with this section.

(f)

Violations.

(1)

It shall be a violation of this section to display any address in any manner other than that prescribed in this section or to display any address not officially assigned, as specified in this section.

(2)

It shall be a violation of this section to publish, broadcast, disseminate or utilize any address, within the city and its police jurisdiction, not in compliance with this section, or to utilize in any manner any address not officially approved or officially issued, as specified in this section.

(3)

Failure to comply with this section or any portion of this section shall constitute a misdemeanor. The police department may cause to be issued an arrest warrant or summons to appear before the municipal court to answer such alleged violation. A summons to appear may be served upon an alleged violator either in person or by first class mail.

(4)

The minimum fine for violation of this section shall be $25.00, plus court costs. The maximum sentence for violation of this section shall be six months in the city jail or a maximum fine of $500.00 or both.

(g)

Confidentiality of emergency data.

(1)

Under this section, all data collected by any agency related to the enhanced E-911 system shall be confidential and not released to any member of the public or any government agency, except to facilitate an emergency response.

(2)

This information may be used in the creation and maintenance of maps, the E-911 database, and for confirmation of public records during the normal course of operations of the United States Post Office, the engineering services division, the city police department, and the Dothan-Houston County Communications District.

(3)

Nothing in this section shall prevent or hinder the operations of the city, any city department or the Dothan-Houston County Communications District, nor shall this prevent the release of this information, when any part of such information is contained in other sources that are a public record.

(Ord. No. 2015-336, § 1, 12-1-15)

(a)

Unity of title declaration. Wherever it is necessary that two or more lots or portions thereof be added or joined, in whole or in part, to meet minimum lot or parcel area or dimensional requirements of this chapter, or when a structure is proposed for erection across a lot line, the application for building permit shall be accompanied by evidence of recording a unity of title declaration as herein described, in the public records of Houston, Dale or Henry Counties in Alabama. The filing of a copy of the recorded unity of title declaration is a prerequisite to final approval of the application and the issuance of a building permit. Land joined pursuant to the provisions of this section shall be known as a "zone lot" which shall remain indivisible except as otherwise provided in this section.

(b)

Zone lot to be indivisible. On a form provided by the administrative official, a unity of title declaration shall state unequivocally that the entire property created by a combination of recorded lots or portions thereof shall be regarded as unified under one title as an indivisible building site; that the said property shall be henceforth considered as one lot and that no portion thereof shall be sold, assigned, transferred, conveyed or devised separately except in its entirety as one lot or parcel of land. The sale, assignment, transfer, conveyance or devise of a condominium parcel created by a recorded declaration of condominium subjecting the same property to the condominium form of ownership shall not be deemed a breach of the unity of title declaration; however, the entire property shall continue to be regarded as unified and as a single building site for all applicable code purposes. The parties to the declaration shall agree that the unity of title declaration shall constitute a covenant to run with the land, as provided by law, and shall be binding upon the parties thereto, their successors and assigns, and all parties claiming under them until such time as the declaration may be released, in writing, by the administrative official. The administrative official is authorized to release a unity of title declaration when such declaration is no longer necessary due to the discontinuance or abandonment of the proposed construction giving rise to its issuance, and may approve changes or amendments to a unity of title declaration when necessary to correct errors, mistakes or changes in circumstances.

(Ord. No. 2015-336, § 1, 12-1-15)

The purpose of this section is to address unique conditions and circumstances that are present within certain traditional neighborhoods of the city. Specifically, the focus of this section is to provide a mechanism promoting the redevelopment and reuse of buildings that cannot meet current zoning requirements and to prevent further neighborhood deterioration and blight.

Unless otherwise provided, special principal uses are required to comply with all use standards of this section, in addition to all other regulations of this Code. Establishments selling or serving alcoholic beverages must be licensed and operating in compliance with the laws governing the sale and consumption of alcoholic beverages as established by Chapter 6 of this Code, as well as all other applicable ordinances, statutes, rules and regulations of the city and State of Alabama.

(a)

Applicability. The following uses and standards of this section shall be applicable within the following areas of the city regardless of the underlying zoning.

North Park Avenue from Montgomery Highway south to West Main Street; then continue south on South Park Avenue to Fortner Street; then east on Fortner Street to South Oates Street; then south on South Oates Street to East Selma Street; then east on East Selma Street to Sixth Avenue; then north on Sixth Avenue to Plant Street; then continue north on Plant Street to East Burdeshaw Street; then east on East Burdeshaw Street to Ross Clark Circle; then north on Ross Clark Circle to Webb Road; then west on Webb Road to East Stough Street; then continue west on West Stough Street to Montgomery Highway; then north on Montgomery Highway to North Park Avenue.

(b)

Neighborhood commercial establishment.

(1)

Neighborhood commercial establishments are only allowed within existing structures that are nonresidential in their construction and/or use as of the effective date of this Code.

(2)

The following nonresidential uses are permitted within a neighborhood commercial establishment:

a.

Art gallery, studio.

b.

Office.

c.

Personal services establishment such as dry cleaning, hair salons, etc.

d.

Restaurant.

e.

Retail goods establishment. As a condition of approval, retail sales of alcohol may or may not be allowed.

(3)

No off-street parking is required. However, any off-street parking currently provided must be maintained.

(4)

Drive-through facilities are prohibited.

(5)

Outside storage or display is prohibited. All business, servicing, processing, and storage uses must be located within the structure.

(6)

Freestanding signs are prohibited. All other signage shall comply with the provisions of the B-1 zoning district regulations for signage and commercial design guidelines if the property is located within a locally designated historic district.

(Ord. No. 2020-192, § 1, 7-21-20)

The intent of this section is to regulate short-term residential rental (STRR) where an owner-occupied home may let a portion of their home or a short-term commercial rental (STCR) where a non-owner-occupied home is let to an individual or individuals desiring to occupy the entire home for the purpose of short-term habitation through a web-based service. A business license is required for every address approved for short-term rental prior to advertising, booking, or renting property. A business license is required whether the listing is a full or part-time listing.

(a)

Applicability for STRR. The operation of a short-term residential rental (STRR) shall meet the following use characteristics:

(1)

A business license is required to operate each STRR. Only owner(s) of said property may file an application to obtain a business license and shall comply with all applicable City of Dothan Municipal Code requirements before a license is issued.

(2)

The property must be recorded as a homestead with the county in which the property is located, and only the person(s) shown on the property records may apply for a business license.

(3)

The STRR dwelling unit shall remain as a household living unit with housekeeping facilities in common.

(4)

The STRR must be accessory and secondary to the use of a dwelling unit for residential household living purposes.

(5)

The utilities shall be in the name of owner(s) of said property. There shall be no transferring of utilities to non-owners or to an LLC form of ownership.

(6)

An STRR shall not adversely affect the residential character of the neighborhood. Short-term rental shall not, for example, generate noise, vibration, glare, odors, create parking or maneuvering issues or other effects that unreasonably interfere with any person's quiet enjoyment of his or her residence.

(7)

One additional vehicle shall be allowed at the residence. Hosts shall collect information on the make, model and year of the guest vehicles and disclose that information on demand to city representatives.

(8)

Signs for lodging are prohibited on the short-term rental home. Marketing and advertising for short-term rentals shall be displayed only on electronic network sites.

(9)

Quiet time shall begin at 8:00 p.m. and shall continue until 7:00 a.m. It shall be unlawful for persons occupying a STRR to make, create or maintain any unreasonable, loud, disturbing, or unnecessary noise of such character, intensity, or duration as to be detrimental to life, health, comfort, or repose of any individual.

(10)

Only two guests per bedroom, not including children under 12, may occupy the licensed premise.

(11)

Tents or accessory structures are prohibited and cannot be used for short-term rentals.

(12)

Approved accessory dwelling units may be used by the STRR host in lieu of letting a portion of the main home.

(13)

The STRR dwelling unit shall meet all applicable City of Dothan Municipal Code requirements with no outstanding code violations before a business license is issued.

(14)

Any other restriction as may be considered appropriate by the administrative official for an STRR.

(15)

A host or contact person shall be made available in case of emergency in the owner's absence. Said contact shall be available 24/7 and respond within one hour. Guests must be given their contact information at the time of check-in.

(16)

Hosts failing to follow these rules will be issued a notice of violation. More than two NOVs annually to any host may be received before a license is subject to revocation. The notice shall specify the violation, the correction needed and a time frame for compliance. Hosts failing to correct the violation shall be subject to license revocation by the city commission.

(17)

Violation of any of these conditions may result in criminal prosecution as provided for in section 1-4 of the City of Dothan Code of Ordinances and could result in revocation of the approval and associated business license in accordance with chapter 18, business licenses, of the City of Dothan Code of Ordinances.

(b)

Applicability for STCR. The operation of a short-term commercial rental (STCR) shall comply with the following use characteristics:

(1)

A business license is required to operate each STCR and shall comply with all applicable City of Dothan Municipal Code requirements before a license is issued.

(2)

There are no outstanding violation notices of any kind associated with the property for which the application is made.

(3)

Only owner(s) of said property may file an application to obtain a business license.

(4)

Tents, recreational vehicles, accessory structures, boats, or travel trailers shall not be used for short-term commercial rentals.

(5)

An STCR within a single-family zoning district shall not be located on a parcel or lot that is within 250 feet of a parcel or lot on which another STCR is located.

(6)

A host or contact person shall be made available in case of emergency in the owner's absence. Said contact shall be available 24/7 and respond within one hour. The guest must be given their contact information at the time of check-in.

(7)

Hosts shall collect information on the make, model and year of the guest vehicles and disclose that information on demand to city representatives.

(8)

Applications for an STCR located within a single-family zoned district shall require a special exception approval by the board of zoning adjustment as outlined in this chapter.

(9)

The restrictions listed below shall be conditions of approval and shall not be varied. However, the board of zoning adjustment may add additional conditions of approval should conditions warrant.

a.

The special exception is valid only for the applicant, the short-term rental, and this location.

b.

The special exception is void if a privilege license, issued by the City of Dothan, is not obtained within 90 days of approval and subsequently if the license is allowed to lapse.

c.

The applicant shall obtain a five-pound ABC type fire extinguisher, type 2A10BC per National Fire Protection Association (NFPA) 10. Interconnected smoke alarms shall be located in the bedrooms and hallways adjacent to the bedrooms.

d.

Quiet time shall begin at 8:00 p.m. and shall continue until 7:00 a.m. It shall be unlawful for persons occupying a STCR to make, create or maintain any unreasonable, loud, disturbing, or unnecessary noise of such character, intensity, or duration as to be detrimental to life, health, comfort, or repose of any individual.

e.

Proof of coverage under a homeowner's property insurance policy.

f.

Off-street parking shall be provided.

g.

Only two guests per bedroom, not including children under 12, may occupy the licensed premise.

h.

In addition to the house occupants, the maximum number of people allowed to gather on the premises shall not exceed one and one-half times the maximum number of permitted occupants.

i.

There shall be no signs or advertisements at the home, including on the mailbox.

j.

Applicant is responsible for observing any private covenants which may impact the proposed short-term rental.

k.

The STCR shall have no more adverse effect on the health, safety or comfort of persons living in the area and will be no more injurious, economically, or otherwise, to property or improvements in the surrounding area than would any use generally permitted in the district.

l.

Any other restriction as may be considered appropriate by the board of zoning adjustment for an STCR. However, the board shall not deny a special exception without documentation that the applicant has violated any ordinance of the municipality or any criminal law of the municipality or the State of Alabama or has acted deceptively and in bad faith.

(10)

Hosts failing to follow these rules will be issued a notice of violation. Any host receiving more than two NOVs annually will be subject to license revocation. The notice shall specify the violation, the correction needed and a time frame for compliance. Hosts failing to correct the violation as notified shall be subject to license revocation by the city commission.

(11)

Violation of any of these conditions may result in criminal prosecution as provided for in section 1-4 of the City of Dothan Code of Ordinances and could result in revocation of the approval and associated business license in accordance with chapter 18, business licenses, of the City of Dothan Code of Ordinances.

(c)

[License renewal.] To renew a license, the owner shall provide:

(1)

Proof of current property insurance, which may include declarations, information or summary pages from the policy that show the amount of the insurance policy and the coverages.

(2)

Proof of payment of City of Dothan lodging taxes for the preceding year. If not tax paid, a copy of your zero reports filed.

(3)

Payment of business license tax.

(d)

Advertisement. Host's advertisement of the STCR shall reflect the occupancy restrictions outlined in section 114-188(a)(10) and (b)(9)h. above.

(Ord. No. 2022-267, § 1, 10-4-22)