NOTE: THIS IS A COMPILATION OF THE OFFICIAL CITY OF DOTHAN

ZONING ORDINANCE WITH ALL AMENDMENTS TO DATE. IT IS

FORMATTED BY PLANNING DEPARTMENT STAFF AND MADE
AVAILABLE TO THE PUBLIC FOR YOUR CONVENIENCE. IT IS
HOWEVER, A COMPILATION. THE READER IS ADVISED TO VIEW THE
ACTUAL ORDINANCE TEXT REFERENCED ON THE FRONT PAGE
(SEARCHABLE THROUGH CITY CLERKS WEB PAGE, ORD. 2015-336)
OR VISIT MUNICODE AT
http://library.municode.com/index.aspx?clientId=10658
(CHAPTER 114) FOR THE CODIFIED VERSION OF THE DOCUMENT.
 Zoning Ordinance
(Chapter 114)

Ordinance 2010-258
Adopted September 21, 2010
Effective Date November 1, 2010
Revised February 15, 2011, Ord. 2011-29 (SFR in RA District)
Revised October 4, 2011, Ord. 2011-286 (6 Month Review)
Revised January 3, 2012, Ord. 2012-8 (Parking)
Revised May 15, 2012, Ord. 2012-119 (Landscaping and Buffers)
Revised September 3, 2013, Ord. 2013-263 (Signs)
Revised December 1, 2015, Ord. 2015-336 (General Revision)
Amended September 6, 2016, Ord. 2016-246 (Table Adjustments)
Amended January 3, 2017, Ord. 2017-1 deleting Article XIV, Telecommunications Facilities
 Table of Contents

Article I. In General

Sec. 114-1. Short Title; Zoning Map 1

Sec. 114-2. Purpose 2
Sec. 114-3. Interpretation 2
Sec. 114-4. Authority 3
Sec. 114-5. Delegation of Authority 3
Sec. 114-6. Computation of Time 3
Sec. 114-7. Jurisdiction 3
Sec. 114-8. Number 4
Sec. 114-9. Fractions 4
Sec. 114-10. Shall and May 4
Sec. 114-11. Tense 4
Sec. 114-12. Text 4
Sec. 114-13. Building and/or Structure 4
Secs. 114-14 to 114-24. Reserved 4

Article II. Definitions

Sec. 114-25. Purpose 5

Sec. 114-26. Definitions 5
Sec. 114-27 to 114-37. Reserved 43

Article III. Administration and Enforcement

Sec. 114-38. Purpose 44

Sec. 114-39. Enforcing Officer 44
Sec. 114-40. Building Permit Required 44
Sec. 114-41. Appeals 46
Sec. 114-42. Remedies 46
Sec. 114-43. Penalties 46
Secs. 114-44 to 114-53. Reserved 47

Article IV. Amendment and Rezoning Procedure

Sec. 114-54. Purpose 48

Sec. 114-55. Amendment Procedure 48
Sec. 114-56. Petition 48
Sec. 114-57. Fee Required 49
Sec. 114-58. Public Hearings Required 49
Sec. 114-59. Notice Required 49
Sec. 114-60. Action on Petition 50
Sec. 114-61. Development Plans or Subdivision Plats 50

CITY OF DOTHAN ZONING ORDINANCE | Pagei

 Sec. 114-62. Zoning of Annexed Land 51
Sec. 114-63. Appeal from the Action of the Planning Commission 51
Secs. 114-64 to 114-72. Reserved 51

Article V. Development Plans

Sec. 114-73. Purpose 52

Sec. 114-74. Pre-application 52
Sec. 114-75. Approval Required 52
Sec. 114-76. Review Process 52
Sec. 114-77. Consistency 58
Sec. 114-78. Integration of other Review Procedures 58
Sec. 114-79. Noncompliance 59
Sec. 114-80. Appeal 59
Sec. 114-81. Records 59
Sec. 114-82. Stacking Uses 59
Sec. 114-83 to 114-92. Reserved 59

Article VI. Board of Zoning Adjustment

Sec. 114-93. Purpose 60

Sec. 114-94. Created; Appointment; Duties and Responsibilities 60
Sec. 114-95. Proceedings per State Code of AL 61
Sec. 114-96. Powers and Duties of the Board 61
Sec. 114-97. Additional Powers 62
Sec. 114-98. Special Exception and/or Variance 62
Sec. 114-99. Variances; Additional Requirements 63
Sec. 114-100. Appeals of Administrative Official’s Decision 65
Sec. 114-101. Home Occupations; Specific Requirements 66
Sec. 114-102. Letter of De Minimis 69
Sec. 114-103. Appeal from Board of Zoning Adjustment Determination 69
Secs. 114-104 to 114-114. Reserved 69

Article VII. Classification and Establishment of Uses

Sec. 114-115. Purpose 70

Sec. 114-116. Establishment of Zoning Districts 70
Sec. 114-117. Statement of Purpose and Intent of Zoning Districts 71
Sec. 114-118. District Boundaries 80
Secs. 114-119 to 114-129. Reserved 81

Article VIII. District Regulations

Sec. 114-130. Land Uses 82

Sec. 114-131. Tables of Permitted Uses 82

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 Sec. 114-132. District Dimensional Regulations 90
Secs. 114-133 to 114-139. Reserved 91

Article IX. Townhouse Regulations

Sec. 114-140. Purpose 92

Sec. 114-141. General Requirements 92
Sec. 114-142. Approval of Development Plans Required 93
Sec. 114-143. Townhouse Subdivision and Condominiums 93
Secs. 114-144 to 114-154. Reserved 93

Article X. Special Districts

Sec. 114-155. Purpose 94

Sec. 114-156. Planned Unit Developments (PUD) 94
Sec. 114-157. Downtown Overlay District (DOD) 100
Sec. 114-158. Manufactured Home Communities 113
Sec. 114-159. Individual Manufactured Homes on Private Lots 118
Secs. 114-160 to 114-169. Reserved 119

Article XI. Supplemental Regulations

Sec. 114-170. Purpose 120

Sec. 114-171. Nonconforming Uses 120
Sec. 114-172. Nonconforming Buildings and/or Structure 120
Sec. 114-173. Nonconforming Lots of Records 121
Sec. 114-174. Building Lots; Yards and Open Spaces 121
Sec. 114-175. Reduction in Lot Area Prohibited 121
Sec. 114-176. Corner Visibility in Residential and Local Business Districts 121
Sec. 114-177. Swimming or Wading Pools 121
Sec. 114-178. Storm Shelters 122
Sec. 114-179. Future Street Lines 122
Sec. 114-180. Height 122
Sec. 114-181. Area Modifications for Lots of Records 122
Sec. 114-182. Off-Street Automobile Parking and Loading Requirements 123
Sec. 114-183. Conforming Buildings and/or Structures 129
Sec. 114-184. Regulations Applying to all Districts 134
Sec. 114-185. Street Address Standards 135
Sec. 114-186. Joinder of Lots 137
Secs. 114-187 to 114-206. Reserved 138

Article XII. Signs and Billboards

Sec. 114-207. Purpose 139

Sec. 114-208. Severability Clause 139

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 Sec. 114-209. Administration and Enforcement 139
Sec. 114-210. Definitions 139
Sec. 114-211. Signs Not Needing a Permit 139
Sec. 114-212. Prohibited Signs 141
Sec. 114-213. Permit Required 142
Sec. 114-214. General Provision for Permanent On-Premise Signs 144
Sec. 114-215. General Provision for Permanent Off-Premise Signs 145
Sec. 114-216. Measurement Standards 147
Sec. 114-217. Sign Standards in Residential Districts 149
Sec. 114-218. Sign Standards for Office and Institutional Districts 150
Sec. 114-219. Sign Standards for Commercial or Industrial Districts 152
Sec. 114-220. Temporary Signs 155
Sec. 114-221. Signs Standards for Electronic Message Centers (EMC’s) 157
Sec. 114-222. Illumination Standards 158
Sec. 114-223. Nonconforming Signs 159
Sec. 114-224. Variances 160
Secs. 114-225 to 114-235. Reserved 160

Article XIII. Landscaping and Buffers

Sec. 114-236. Tree Protection and Landscaping 161

Sec. 114-237. Tree Preservation and Removal 162
Sec. 114-238. Landscaping 164
Sec. 114-239. Plant List 168
Sec. 114-240. Maintenance and Bonding 170
Sec. 114-241. Buffers/Buffer-yards 171
Sec. 114-242. Buffer Types 172
Secs. 114-243 to 253. Reserved 178

Page 2 | CITY OF DOTHAN ZONING ORDINANCE

 CHAPTER 114. ZONING

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

Ordinance, 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 Ordinance 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 Ordinance. Any unauthorized change of whatever kind by any
person or persons, shall be considered a violation of this Ordinance 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".

CITY OF DOTHAN ZONING ORDINANCE | Page 1

Sec. 114-2. Purpose.

The fundamental purpose of this ordinance 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.

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:

A) "And" indicates that all connected items, conditions, provisions or events shall
apply.
B) "Or" indicates that one or more of the connected items, conditions, provisions or
events shall apply.
C) "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.

Page 2 | CITY OF DOTHAN ZONING ORDINANCE

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.

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.

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.

A) "Day" means one (1) calendar day unless working day is specified.
B) "Week" means seven (7) calendar days.
C) "Month" means one (1) calendar month.
D) "Year" means one (1) calendar year, unless otherwise indicated.

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.

CITY OF DOTHAN ZONING ORDINANCE | Page 3

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.

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.

Sec. 114-10. Shall and may.

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

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.

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.

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

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

Secs. 114-14 to 114-24. Reserved.

Page 4 | CITY OF DOTHAN ZONING ORDINANCE

 Article II. Definitions.

Sec.114-25. Purpose.

The purpose of this article is to define words, terms and phrases used in this chapter.
Words, terms and phrases not defined in this article 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.

Sec. 114-26. Definitions. The following words, terms and phrases, when used in this
section, shall have the meanings ascribed to them in this section, except where the
context clearly indicates a different meaning. If a word, term or phrase is not listed or
not defined elsewhere in this section, the conventional meaning of the word, term or
phrase shall apply. The administrative official is authorized to make a final determination
of the meaning of any word, term or phrase used in this section and, in case of any dispute,
an appeal of the administrative official’s determination may be filed with the planning
commission.

Abandoned sign - Any sign or sign structure that no longer identifies a current business,
product, service, use or activity being conducted on the premises on which the sign is
located or that has not occupied the site for a period longer than sixty (60) days and
which does not maintain a current business license.

Accessory dwelling unit (ADU) - A secondary residential dwelling that is intended to be

used in conjunction with single-family dwellings and/or uses.

Accessory dwelling unit for owner/operator - A residential dwelling that is intended to be

used in conjunction with another use, other than single-family residential uses.

Accessory use - A use customarily incidental and subordinate to the principal use and
located on the same lot with such principal use.

Accessory building - Any detached minor building in the area of the main building
consisting of masonry or frame walls and roof, one or two stories in height, necessary as
an adjunct to the use or occupancy of a principal or main building and/or structure, except
open buildings and/or structures such as pergolas, arbors, and other garden houses of
similar character. An accessory building is one which:

A) Is not used as a residential dwelling,

B) Is subordinate to and serves the principal building and/or principal use,
C) Is subordinate in area, extent or purpose to the principal building and/or principal
use served,

CITY OF DOTHAN ZONING ORDINANCE | Page 5

D) Contributes to the comfort, convenience or necessity of occupants of the principal
building and/or principal use served, and
E) Is located on the same zoning lot as the principal building and/or principal use
served, with the single exception of such accessory off-street parking facilities as
are permitted to be located elsewhere than on the same zoning lot with the building
and/or use served.

Administrative Official - The Director of The City of Dothan Planning and Development
Department or his/her designee. The administrative official may appoint a
representative as appropriate.

Adult bookstore - An establishment having a majority of its stock in trade books,

magazines, or other periodicals, or other goods or items which are distinguished or
characterized by their emphasis on matter depicting, describing or relating to "specified
sexual activities" or "specified anatomical areas," as defined below for observation by
patrons therein.

Adult day care - The provision of care for adult persons, who are not related to the
primary caregiver, for less than twenty-four (24) hours per day.

Adult entertainment - Any "adult bookstore," "adult video store," "adult theater," "adult
nightclub," or any commercial establishment which for a fee is charged for presentation
of material or exhibitions distinguished or characterized by an emphasis on matter
depicting, describing or relating to "specified sexual activities" or "specified anatomical
areas," as defined below for observation by patrons therein.

Adult nightclub - A theater, concert hall, auditorium, nightclub, bar, restaurant or similar
commercial establishment which regularly features live performances that are
characterized by the exposure of "specified sexual activities" or by "specified anatomical
areas," as defined below.

Adult video - A video, CD, laser disk, or similar medium with a cover available that depicts
"specified sexual activities" or "specified anatomical areas."

Adult video store - A commercial establishment having a majority of its stock or a majority
of its floor space dedicated to "adult videos," as defined herein, which are rented or sold
or presented for a fee or incidentally to another service which are distinguished or
characterized by an emphasis on matter depicting, describing, or relating to "specified
sexual activities" or "specified anatomical areas" as defined below for observation by
patrons therein.

A) Specified anatomical areas -

(1) Less than completely and opaquely covered:

Page 6 | CITY OF DOTHAN ZONING ORDINANCE

 a. Human genitals; pubic region,
b. Buttock, and
c. Female breast below a point immediately above the top of the areola;

(2) Human male genitals in a discernibly turgid state, even if completely and
opaquely covered.

B) Specified sexual activities -

(1) Human genitals in a state of sexual stimulation or arousal;

(2) Acts of human masturbation, sexual intercourse or sodomy;
(3) Fondling or other erotic touching of human genitals, pubic region, buttock
or female breast.

Agricultural activity - The raising of animal, fowl, fish and agricultural or horticultural
crops, including but not limited to soybeans, tobacco, timber, orchard fruits, vegetables,
flowers and/or ornamental plants for commercial purposes.

Aircraft landing field – A private loading and unloading facility for aircraft and helicopters.
Included are runways, hangers, refueling and repair facilities, parking and all other
facilities needed to operate aircraft. This use is not intended to be open to the public.

Airport/heliport – A passenger and freight loading and unloading facility for aircraft and
helicopters. Included are runways, hangers, refueling and repair facilities, parking and all
other facilities needed to operate aircraft. Ticket purchasing, restaurants and retail stores
are permitted as accessory uses.

Alcoholic beverage establishment - a commercial establishment located in the city

which allows for the sale of alcoholic beverages (liquor, beer or wine) to be
consumed by patrons on the premises until the legally required closing time as
prescribed by law and entrance is age restricted. Food service may be provided
but is incidental to the consumption of alcoholic beverages. This term includes,
but is not limited to lounges, bars, taverns, pubs, bottle clubs, etc.

Alley - A narrow public or private way less in size than a street, designed for the special
accommodation of the property it reaches, and not intended for general travel.

Alteration; altered. The term "alteration" includes any of the following:

A) Any addition to the height or depth of a building and/or structure.

B) Any change in the location of any exterior walls of a building and/or structure.
C) Any increases in the interior accommodations of a building and/or structure.

CITY OF DOTHAN ZONING ORDINANCE | Page 7

In addition to such, a building and/or structure shall be classified as "altered" when it is
repaired, renovated, remodeled or rebuilt at a cost in excess of fifty (50) percent of its
tax value prior to the commencement of such repairs, renovation, remodeling or
rebuilding.

Animal – Refer to the City of Dothan Code of Ordinances, Chapter 10, Animals.

Animal hospital - An enterprise for the care and treatment of the diseases and injuries of
animals, and where animals may be boarded during their treatment and convalescence.
(Also see definition of veterinarian.)

Antenna support structure - any building or other structure other than a tower which
complies with the maximum height allowed in the district in which it is located and which
can be used for location of telecommunications facilities.

Animated Sign - A sign employing actual motion, the illusion of motion, or light and/or
color changes achieved through mechanical, electrical or electronic means. Animated
signs, which are differentiated from changeable signs as defined and regulated by this
Code, include the following types:

A) Mechanically Activated: Animated signs characterized by repetitive motion

and/or rotation activated by a mechanical system powered by electric motors or
other mechanically induced means.

B) Electrically Activated: Animated signs producing the illusion of movement by

means of electronic, electrical, or electromechanical input and/or illumination
capable of simulating movement through employment of the characteristics of
one or both of the classifications noted below:

(1) Flashing: Animated signs or animated portions of signs whose illumination is

characterized by a repetitive cycle in which the period of illumination is either
the same as or less than the period of non-illumination. For the purposes of
this ordinance, flashing will not be defined as occurring if the cyclical period
between on-off phases of illumination exceeds four (4) seconds.

(2) Patterned Illusionary Movement: Animated signs or animated portions of signs

whose illumination is characterized by simulated movement through alternate
or sequential activation of various illuminated elements for the purpose of
producing repetitive light patterns designed to appear in some form of
constant motion.

Applicant - any person who applies for development permit, rezoning request, variance
request, special exception, etc.

Application - the process by which an owner submits a request to develop, construct,

build, modify or erect a tower. Application includes all written documentation, verbal

Page 8 | CITY OF DOTHAN ZONING ORDINANCE

statements and representations, in whatever form or forum, made by the applicant to the
city concerning such a request.

Architectural Projection - Any projection from a building that is decorative and/or

functional and not intended for occupancy, and that extends beyond the face of an
exterior wall of a building but that does not include signs as defined herein, See also:
Awning, Back-lit Awning and Canopy, Attached and Freestanding.

Assisted living facility - A licensed "assisted-care living facility" that provides domiciliary
care, room, board and nonmedical living assistance service to primarily aged, ambulatory
persons who live in a rooming unit. Where there is a common kitchen and communal area
for all residents within the facility, three (3) rooming units in the facility shall be counted
as one (1) dwelling unit for determining the facility's density.

Auction – The sale of items to the highest bidder.

Audio/video tape transfer - The production of multiple copies of audio or visual tapes
from master copies.

Automated teller machine (ATM) - A facility to provide banking and other electronic
services that are operated by the customer.

Automobile parking - The use of property for the commercial parking or storage of
operable automobiles on a temporary basis. Such parking shall be for the use of licensed
vehicles only and is not intended to include merchandise or vehicles for sale.

Automobile repair - Any building and/or structure, improvements, or land used for the
general repair, adjusting, overhauling, removing, replacing, rebuilding, or reconditioning
of automobiles and engines, including but not limited to body, frame or fender
straightening or repair, welding, painting, or upholstery work, collision repair, vehicle
steam cleaning, but excluding the assembly, disassembly, dismantling or salvage of
automobiles, in whole or in part. Abandoned vehicles shall not be stored on the premises
and must be removed in accordance with City Code of Ordinances, Section 98-161.

Automotive rental/leasing - The rental or leasing of automobiles, motorcycles,

recreational vehicles, boats, recreational equipment, and light trucks and vans, including
incidental parking and servicing of vehicles for rent or lease (e.g. rental car agencies and
taxi-cab dispatch areas). No "automobile repair" or "scrap operation" activities may occur
on-site and no abandoned vehicles shall be stored on the premises.

Automobile sales, new - A franchised retail automobile dealership that is primarily housed
in a building and/or structure and characterized by a mixture of secondary supporting
uses; however, the principal use of the site shall be the marketing and display of new
automobiles, whether by sale, rental, lease or other commercial or financial means.
Secondary supporting uses may include an inventory of vehicles for sale or lease either

CITY OF DOTHAN ZONING ORDINANCE | Page 9

on-site or at a nearby location of new or used automobiles in operating condition, and
on-site facilities for the repair and service of automobiles previously sold, rented, or
leased by the dealership as defined under "automobile repair" and “automobile service".
No abandoned vehicles shall be stored on the premises.

Automobile sales, used - A retail business which sells operable, used automobiles that
pass state vehicle inspection requirements upon display in the open for sale or trade.
Secondary supporting uses may include the service of automobiles previously sold or
traded as defined under "automobile service". No "automobile repair" or "scrap operation"
activities may occur on-site and no abandoned vehicles shall be stored on the premises.

Automobile service - Any building and/or structure, improvements, or land used for the
replacement of any part, or repair of any part, to an automobile that does not require
removal of the engine head or pan, engine transmission or differential, including, but not
limited to oil change and lubrication, cooling, electrical, fuel and exhaust systems, wheel
alignment and balancing, brake adjustment, relining and repairs, mufflers, batteries, new
tire services and sales, shock absorbers, installation of stereo equipment, car alarms or
cellular phones, but excludes dismantling, rebuilding, reconditioning, or salvage of
automobiles, in whole or in part. No abandoned vehicles shall be stored on the premises.
No vehicle to be serviced shall remain on the premises more than forty-five (45) days.

Automobile wash - A building or portion thereof containing facilities for washing more
than two automobiles, using production-line methods with a chain conveyor, blower,
steam cleaning device or other mechanical devices within an enclosed building and/or
structure or a self-service facility with one or more wash bay(s) that is free or coin-
operated. Car wash also includes operations that are done by hand such as auto detailing.

Awning - An architectural projection that

provides weather protection, identity or
decoration and is wholly supported by the
building to which it is attached. An awning is
comprised of a lightweight, rigid skeleton building
and/or structure over which a covering is
attached.

Awning Sign - A sign displayed on or attached

flat against the surface or surfaces of an awning. See also: Wall Sign. Signs on
awnings shall be included in the applicable sign area requirements for wall signs [see
Section 114-219 (C), Table 4]. Only the sign area displayed on an awning shall be used
to determine the permitted sign area- the entire awning shall not be included in a Sign
Area calculation.

Balcony - A platform enclosed by a railing or parapet projecting from the wall of a building
for the private use of tenants or for exterior access to the above-grade living units. When
a balcony is roofed and enclosed, it is considered part of the room it serves.

Page 10 | CITY OF DOTHAN ZONING ORDINANCE

Bank or financial institution - Any building, room, space or portion thereof where an
establishment provides a variety of financial services, including generally, banks, credit
unions, and mortgage companies.

Banner - Any sign made of cloth, canvas, plastic, sheeting or any other flexible
material, which is not rigidly and permanently attached to a building or the ground by a
permanent support structure.

Bar (tavern or lounge) - A commercial enterprise whose primary activity is the sale of
alcoholic beverages to be consumed on the premises. Bars include taverns, night clubs,
private clubs, bottle (BYOB) clubs, and similar facilities serving alcoholic beverages.

Beacon - Any light with one or more beams directed into the atmosphere or directed at
one or more points not on the same lot or parcel as the light source.

Bed and breakfast (B&B) - A transient lodging establishment either converted from a
single-family dwelling or specifically constructed for the purpose of providing overnight
or otherwise temporary lodging for the general public and may provide meals for
compensation.

Berm - A manmade raised bank of earth, a minimum of four (4) feet above grade, used
to provide privacy, separation of uses, and/or barriers to visual pollution.

Billboard - For the purposes of this chapter, a billboard shall be defined as any sign,
structure or device which advertises or contains information unrelated to a business,
profession, or activity conducted, or to a commodity or service sold or offered upon the
premises where the sign is located (see off-premise sign).

Block - A unit of land bounded by streets or by a combination of streets and public land,
railroad rights-of-way, waterways, or any other barrier to the continuity of development.

Boardinghouse - A building other than a hotel, cafe or restaurant where, for

compensation, meals are provided for three or more persons.

Buffers - The use of landscaping, retained native vegetation or landscaping along with
berms, walls or decorative fences that has eighty percent (80%) opacity within five (5)
years so as to partially or completely screen from the street or an abutting property
vehicular use areas, parking lots, parked cars, detention ponds and conflicting activity
areas another in order to mitigate the impacts of noise, light, or other nuisance.

Building - A building and/or structure attached or placed on the ground, enclosed by

exterior walls, built, erected and framed of a combination of materials, having a roof for
the shelter of persons, animals, or property.

CITY OF DOTHAN ZONING ORDINANCE | Page 11

Building area –Includes, but is not limited to, a portion of the lot occupied by the main
building, including porches, carports, accessory buildings and other roofed buildings
and/or structures.

Building contractors supply - The construction and incidental storage activities performed
by construction contractors on zoned lots other than construction sites, as well as the
retail or wholesale sale of materials used by the construction trades.

Building line - A line showing the nearest distance to the property line where it is
permissible to build or place a dwelling or building.

Build-to line - An alignment establishing a certain distance from the property line to a
line along which the building shall be built. Front porches and handicap ramps shall be
exempt from build-to line requirements but must occur behind the property line.

Building envelope - The area formed by the front, side, and rear building setback lines of
a lot within which the principal buildings must be located.

Building height – See definition of height of building and/or structure.

Business school - An enterprise offering instruction and training, including four-year

degrees and/or postgraduate degrees, in a service or the arts such as secretarial,
cosmetology, commercial artist, computer software, legal, and similar training, provided
that such enterprise does not offer student housing or athletic facilities at the site.

Butcher - A retail store supplying meat and poultry products where meat processing is
limited to making cuts of meat from preprocessed carcasses.

Caliper - Diameter of tree trunk measured at six (6) inches above grade.

Camp - A place where children, youth and/or adults gather together for spiritual,
recreational, or educational purposes in an organized and supervised manner, and where
overnight lodging (e.g. tents, cabins), food, counseling, religious, and outdoor recreational
activities may be provided.

Camouflaged tower - means a self-supporting communications tower concealed to

resemble an object that blends with its surroundings, such as a communications tower
concealed to resemble a tree within a wooded setting, a street lamp, a lookout tower, a
clock tower or a light post on an athletic field.

Candela – The basic unit of measurement of light in SI (metric) units.

Candela per square meter (cd/m²) – The SI (metric) unit used to describe the luminance
of a light source or of an illuminated surface that reflects light. Also referred to as Nits.

Page 12 | CITY OF DOTHAN ZONING ORDINANCE

Candle or Candlepower – Synonymous with Candela, but in English, not SI (metric),
terms.

Canopy - An attached or unattached multi-sided overhead structure or architectural

projection supported by attachment to a building on one or more sides and either
cantilevered from the building or supported by columns but not enclosed by walls. The
surface and/or soffit may be illuminated by either an external or internal light source.

Canopy (shade) tree - Any tree that is normally more than forty (40) feet in height at
maturity that provides shade from its foliage mass; also individual or tree groups forming
an overhead cover. Examples of recommended canopy (shade) trees are included in
Section 114-239 (A) of Article XIII. Canopy (shade) trees should be located so as to
minimize potential interference with utilities and avoid sight and height obstructions.

Cash advance - Any building, room, space or portion thereof where unsecured, short-
term cash advances are provided, including those made against future pay checks.

Cemetery/mausoleum - Land used or dedicated to the burial of the dead, including

crematoriums, mausoleums, necessary sales, and maintenance facilities. Mortuaries shall
be included when operated within the boundary of such cemetery.

Check cashing - Any building, room, space or portion thereof where checks are cashed
in exchange for a fee.

Church - A building wherein persons regularly assemble at a specific time for religious
worship following a recognized creed and which is maintained and controlled by a
religious body organized and recognized by the IRS as a tax exempt religious institution
together with all accessory buildings and uses customarily associated with such primary
purpose. The definition includes synagogue, temple, mosque, or other such place for
worship and religious activities.

City horticulturist - A city employee who is an expert in the science of cultivating plants
and is in charge of all plantings within the city limits. If the position of horticulturist is
vacant, the city manager may appoint an acting horticulturist.

City services - services to the public at large, including emergency services, fire
prevention and protection, law enforcement, traffic control, water, sewer, electricity and
other services provided by the city in the city.

Civic building - Any building and/or structure designed and constructed for community
use or benefit by governmental, cultural, educational, public welfare, religious or
transportation organizations.

Clear cutting. The removal of all vegetation upon a tract of land at one time.

CITY OF DOTHAN ZONING ORDINANCE | Page 13

Clinic, outpatient – See definition of outpatient clinic.

Club (fraternal) - A facility which offers social, educational, cultural or other similar
activities that are only available to members and their guests.

Collection center - A facility which is staffed and fenced that has waste receptacles on
site that are open to the public, when an attendant is present, to receive household waste,
municipal solid waste and recyclable material.

College or university - An institution of higher education offering undergraduate or

graduate degrees.

Commercial amusement, inside - The provision of entertainment or games of skill to the

general public for a fee and that is wholly enclosed in a building, including but not limited
to a bowling alley or billiard parlor. This use does not include an arena.

Commercial amusement, outside - The provision of entertainment or games of skill to the

general public for a fee where any portion of the activity takes place outside of a building,
including but not limited to a golf driving range, archery range or miniature golf course.
This use does not include a stadium.

Commercial message - Any sign wording, logo, or other representation that, directly or
indirectly, names, advertises, or calls attention to a business, product, service, or other
commercial activity.

Community education (K-12) - Public or private instruction on an elementary, middle and

high school level, approved under the regulations of the State of Alabama.

Condominium - A form of property ownership in which each owner holds title to his/her
individual unit, plus a fractional interest in the common areas of the multi-unit project.
Each owner pays taxes on his/her property, and is free to sell or lease it.

Conservation easement -A nonpossessory interest in real property imposing limitations

or affirmative obligations, the purposes of which include retaining or protecting natural,
scenic, or open space values of real property; assuring its availability for agricultural,
forest, recreational, or open space use; protecting natural resources; or maintaining air
or water quality.

Consignment sale - A sale of personal property by someone who is acting as an agent of

another.

Construction/demolition landfill – See definition of landfill, construction/demolition.

Convenience Store - A facility where flammable and combustible liquids, such as gasoline
and other motor fuels, are stored and subsequently dispensed, by use of fixed approved

Page 14 | CITY OF DOTHAN ZONING ORDINANCE

dispensing equipment by customers of the facility on a self-service basis and/or by
employees on a full-service basis and which may include an automatic car wash for
washing one automobile at a time, within an enclosed building; in addition, a facility which
also provides sandwiches, snacks, staple groceries and other similar retail products or
services, which are not recognized or defined by the zoning code as separate uses or as
necessary components of separate uses, for sale on premises for consumption off
premises by the customer.

Core area. The portion of a lot or parcel of property that is not located within the Tree
Protection Area or the Residential Buffer.

Corner lot – See definition of lot, corner.

Correctional facility - A facility for the housing and care of persons legally confined for
violations of law.

Crematory – A facility which reduces the deceased to ashes by burning.

Cultural center - Services to the public, such as, but not limited to museums, art galleries
and libraries by a public or private, non-profit facility.

Custom assembly - The on-site production of goods by hand manufacturing that generally
involves only the use of hand tools. Incidental direct sale to consumers of the goods
produced on-site is permitted.

Curb market - A business dealing in buying or selling fruit, produce or any grocery item,
whether permanent or temporary, seasonal or year-round, of which the building must be
permanent and comply with the building code. (e.g. a store selling food.)

Daycare - The provision of care for persons (preschool age, disabled or the elderly), who
are not related to the primary caregiver, for less than twenty-four (24) hours per day
including:

A) Daycare center: A facility that provides daycare for more than six (6) persons;
B) Daycare home: Accessory to a single-family dwelling for up to six (6) persons;
C) School daycare: Daycare centers of unlimited size for before, during and after
school programs.

Developments, major. Non-residential development containing more than fifteen-

thousand (15,000) square feet of gross floor area and/or has a common boundary with a
residentially zoned and/or used parcel.

Developments, minor. Non-residential development containing less than fifteen-thousand

(15,000) square feet of gross floor area and that does not have a common boundary with

CITY OF DOTHAN ZONING ORDINANCE | Page 15

a residentially zoned and/or used parcel. Common boundary shall include roadways not
considered to be a major thoroughfare (see definition).

Development plan - A dimensional presentation of a proposed development of a specified

parcel (or parcels) of land that illustrates the location of buildings, easements, parking
arrangements, public access, street pattern, and other similar features.

Development review committee (DRC) - A committee consisting of the administrative

official, public works director or their designee, building official, fire marshal, utilities
director or their designees and traffic engineer or their designee having the responsibility
and authority to review and approve certain development plans as provided for in Article
V of this chapter.

Diameter at breast height (DBH) - Diameter of a tree measured at four and one-half feet
(54 inches) above the ground.

Detention area - A pond, pool or basin used for the temporary storage of stormwater
runoff.

Directional sign - Signs that are designed and erected solely for the purpose of traffic
or pedestrian direction and placed on the property which the public is directed.

Directory sign - Signs that are designed and erected to direct traffic or pedestrian
direction and placed on the property which the public is directed. These signs
generally provide a map of the entire complex to which the sign relates.

Display area - The area of a sign or advertising device that can be enclosed or
measured by the smallest square, circle, rectangle, triangle, or geometric figure that
will encompass the extreme limits of the writing, representation, emblem, or other
display, together with any material or color forming an integral part of the background
of the display, or used to differentiate the sign from the backdrop or structure against
which it is placed, also including any supporting framework, bracing, or decorative
fence or wall.

Distributive business/wholesale - The sale or distribution of goods from the premises that
may consist of the flexible use of the floor area for warehouse, assembly, showroom and
office space within tenant areas, with the showroom and office area not exceeding fifty
percent (50%) of the total floor area permitted on the parcel.

Donation center, drop-off - Any lot, building and/or structure or premises used solely for
the collection of clothing, furniture, housewares, small electrical appliances, household
textiles, toys, and other small household items. The center shall not pay for materials
collected or sell any collected materials on the premises. Collected materials shall be
stored in an enclosed location on-site until picked up and taken to a central sorting and
distribution center. Types of drop-off donation centers range from storefront centers,
which may include a drive-thru facility, to other enclosed facilities.

Page 16 | CITY OF DOTHAN ZONING ORDINANCE

Dripline. A collective name for all vertical lines from the earth to the outermost tips of
the crown of a tree. These lines will completely encircle the tree and thereby define its
outermost reaches.

Dripline area. The total area underneath a tree that would encompass all driplines.

Drive-in restaurant - A restaurant or public eating business so conducted that food, meals
or refreshments are brought to the motor vehicles for consumption by the consumer or
patron. Seating may be provided.

Drive-in theater - A theater so arranged and conducted that the customer or patron may
view the performance while being seated in a motor vehicle.

Driving range - An establishment containing an area equipped with distance markers,

clubs, balls, and tees for practicing golf drives and putting, and which may include a
snack-bar and pro-shop, but excludes miniature golf courses or "putt-putt" courses.

Dry cleaners - This term is meant to include the following:

A) Small dry cleaners - Cleaning plants using nonflammable, non-explosive type

cleaning solvent, occupying not more than one thousand five-hundred (1,500)
square feet of floor space, operating not more than two delivery and pickup trucks
and employing not more than four persons, exclusive of sales clerks and truck
drivers.

B) Large dry cleaners - Cleaning plants occupying more than one thousand five-
hundred (1,500) square feet of floor space, and employing more than four persons,
exclusive of sales clerks and truck drivers.

Dwelling unit – A building providing complete, independent living facilities for one or more
persons including permanent provisions for living, sleeping, eating, cooking and sanitation
to include:

A) One-family (single-family) - A building containing one (1) detached dwelling unit.

B) Two-family (duplex) - A building containing two (2) attached dwelling units.

C) Multi-family - A building containing at least three (3) attached dwelling units.

Election Sign (political sign) – A sign erected for the purpose of expressing support for
or opposition to a candidate or stating a position regarding an issue to be decided by
vote.

CITY OF DOTHAN ZONING ORDINANCE | Page 17

Emergency situation - A sudden unexpected occurrence, either the result of human or
natural forces, necessitating immediate action to prevent or mitigate significant loss or
damage to life, health, property, essential public services, or the environment.

Electronic message center sign (EMC) - An electrically activated changeable sign whose
variable message and/or graphic display capability can be electronically programmed by
computer from a remote location. EMC’s typically use light emitting diodes (LED) as a
lighting source.

Engineer - any professional engineer licensed by the state.

Extended hours – hours of operation (of a business) that are extended beyond 10 PM
Monday through Thursday and 12 AM Midnight for the purpose of selling alcoholic
beverages.

FAA - the Federal Aviation Administration.

Façade - The entire area of a building facing or side extending from the roof or parapet
to the ground and from one corner of the building to another but does not include any
structural or nonstructural elements which extend beyond the roof of a building.

Family – A single person, or a group of two (2) or more persons related by blood, marriage
or adoption, which may be together with no more than three (3) additional persons not
related by blood, marriage or adoption; or any number of persons not related by blood,
marriage or adoption, living together as a single household. However, the number of
unrelated persons shall not exceed the number of bedrooms in the dwelling.

FCC - the Federal Communications Commission.

Financial institution or bank - Any building, room, space or portion thereof where an
establishment provides a variety of financial services, including generally, banks, credit
unions, and mortgage companies.

Flashing sign - Signs whose illumination is characterized by a repetitive cycle in which

the period of illumination is either the same as or less than the period of non-
illumination. For the purposes of the ordinance, flashing will not be defined as
occurring if the cyclical period between on-off phases of illumination exceeds eight (8)
seconds.

Flood - A temporary rise in the level of rivers, streams, lakes and drainage ways which
results in inundation of areas not ordinarily covered by water.

Flood hazard area - Any area shown on the flood insurance rate maps as being located
within the boundaries of flooding under regulatory flood conditions (100-year frequency
flood).

Page 18 | CITY OF DOTHAN ZONING ORDINANCE

Flood insurance rate maps - The officially adopted city maps designating the elevation
and boundaries of flooding under regulatory flood conditions. Such maps to be maintained
by the public works director and based on information prepared by the U.S. Army Corps
of Engineers, the Federal Insurance Administration or other reputable reports accepted
by the public works director based on competent engineering studies prepared by a
professional engineer currently registered in the State of Alabama.

Foot Candle – An English unit of measurement of the amount of light falling upon a
surface (illuminance). One foot candle is equal to one lumen per square foot and is
measured with an illuminance meter.

Freestanding sign - Any sign supported by structures or supports that are placed on or
anchored in the ground and that are independent from any building or other structure.
The posts or other supporting structures shall be considered part of the sign, except
that they shall not be included in computing the sign display area. Illustrations of
typical freestanding signs follow.

Fraternity/sorority house – A facility which serves as living quarters for private social
organizations, serving students of colleges or universities.

Fruit stand – See definition of produce and fruit stand.

Funeral home - An establishment with facilities for the preparation of the dead for burial
or cremation, for the viewing of the body, and for funerals.

Garage (Yard) sale sign – A temporary sign pertaining to the sale of personal property at
or upon any residentially zoned lot or parcel.

Governmental/Public Use - A building or structure owned, operated, and/or occupied by

governmental agency for the purpose of providing a governmental service to the public.

Grand opening sign – A temporary on-premise sign announcing the opening of a new
business.

Group home – A facility which serves as a home for persons with disabilities as defined
by the Fair Housing Act of 1988 and may include up to two (2) additional persons acting

CITY OF DOTHAN ZONING ORDINANCE | Page 19

as house-parents or guardians who need not be related to each other or to any of the
persons residing in the home.

Greenway - A linear park, alternative transportation route, or open space conservation

area that provides passive recreational opportunities, pedestrian and/or bicycle paths,
and/or the conservation of open spaces or natural areas.

Gross Vehicle Mass (GVM) - The accepted safe, maximum allowable total mass of a fully
loaded motor vehicle. It consists of the tare mass (mass of the vehicle itself with all
operating fluids) plus the payload.

Ground cover. Natural plant material such as vines, shrubs, or grasses that would not
normally attain a height of more than two feet.

Halfway house – A facility, which is licensed by the State of Alabama, for housing persons
on release from more restrictive custodial confinement or initially placed in lieu of such
more restrictive custodial confinement, wherein supervision, rehabilitation, and
counseling are provided to mainstream residents back into society, enabling them to live
independently.

Hazardous operation - A use that may present serious hazards to human life and health
such as, but not limited to arsenals, atomic reactors, explosives and fireworks
manufacture.

Heavy equipment sales and service - The retail or wholesale sale or rental of heavy
motorized vehicles or equipment, along with incidental service or maintenance such as,
but not limited to construction equipment rental yards, tractor-trailers, semi-trailers,
boats, buses, recreational vehicles, farm equipment and moving trailer rental. (See
"automobile sales, new", "automobile sales, used".)

Heavy manufacturing – See definition of manufacturing, heavy.

Height of building and/or structure - The vertical distance from the average level of the
highest and lowest point of that portion of a lot covered by the building to the top-most
point of the roof.

Heliport – See definition of airport/heliport.

High Bulk Retail – A business use where the display of merchandise requires large areas
such as furniture

Home occupation, qualifying – A business use of residential property that is clearly

secondary, and incidental and does not include characteristics that might, in the opinion
of the administrative official, affect the residential character of the neighborhood (e.g.
home office for work conducted at other locations).

Page 20 | CITY OF DOTHAN ZONING ORDINANCE

Home occupation, non-qualifying means – A business use of residential property that is
clearly secondary, and incidental and includes characteristics that might, in the opinion
of the administrative official, generate or involve external impacts including storage of
equipment, trailers or vehicles used in the business. (e.g. lawn care business with a home
office but with outside equipment storage).

Home improvement sales – A facility for the retail sale of a diverse range of hardware
and related materials generally used in the maintenance, repair or construction of
buildings and/or structures, including lawn and garden supplies.

Homeless shelter - A facility providing temporary housing to indigent, needy, homeless,

or transient persons and which may also provide ancillary services such as counseling,
vocational training, etc.

Homeowners association - An incorporated, nonprofit organization operating under

recorded land agreements through which:

A) Each lot owner and homeowner in a planned or other described land area is
automatically a member;

B) Each lot is automatically subject to a charge for a proportionate share of the

expenses for the organization's activities, such as maintaining a common property.

Hospital – A public or private institution where medical or surgical care is provided for
the sick or injured on an out-patient or long-term basis.

Hotel - A building or portion thereof which contains at least ten (10) guestrooms intended
for occupancy by persons for compensation, whether paid directly or indirectly.

Household - A family living together in a single dwelling unit with common access to, and
common use of, all living and eating areas and all areas and facilities for the preparation
and storage of food within the dwelling unit. (Refer to definition of family.)

Illegal nonconforming building and/or structure - A building and/or structure which was
erected or altered outside the provisions of a prior zoning ordinance.

Illegal nonconforming use - Any use which, on the effective date of the ordinance from
which this chapter is derived, was operating outside the provisions of a prior zoning
ordinance, such as a dine and dance establishment operating in a residential zone in
defiance of zoning restrictions.

Illuminance – The amount of light falling upon a real or imaginary surface, commonly
called “light level” or “illumination”. Measured in foot candles (lumens/square foot) in the
English system and lux (lumens/square meter) in the SI (metric) system.

CITY OF DOTHAN ZONING ORDINANCE | Page 21

Indoor assembly - A place where people gather for a specific purpose for a designated
period of time.

Interior Landscape Island - An island in the parking area with one-hundred-fifty (150)
square feet of minimum area containing a minimum of one (1) tree eight (8) feet in height
with a one-point-two-five (1.25) inch caliper measured at six (6) inches above grade
after planting, four (4) shrubs and ground cover or other approved material not to exceed
three (3) feet in height.

International Code Council (ICC) - A membership driven association that develops building
codes and standards used to construct residential and commercial buildings and provides
minimum safeguards for people at home, at school and in the workplace. The I-Codes are
a complete set of comprehensive, coordinated building, life safety and fire prevention
codes.

Junkyard or salvage yard - A lot or parcel of land on which is kept, stored, bought or sold
articles commonly known as junk, including scrap paper, scrap metal and used automobile
bodies and parts, appliances, etc.

Kennel or stable - Any lot, building and/or structure or premises used for the boarding,
breeding, training, and/or raising of domestic animal/wildlife (excluding livestock),
whether by owners of such animals or by persons providing facilities and care, whether
or not for compensation, but shall not apply to the keeping of animals in a municipal animal
pound, pet store, a bona fide laboratory for scientific or experimental purposes (e.g.
dental, veterinary, pharmaceutical or biological) or in a veterinary establishment for the
purpose of observation and/or recovery necessary to veterinary treatment.

Kitchen facilities - A portion of a building used for the preparation of meals, and for the
purpose of this chapter shall include a sink or similar fixture for washing dishes.

Landfill, construction/demolition - A facility for the disposal of non-biodegradable waste,

resulting from road building, construction, remodeling, repair or demolition of buildings
and/or structures.

Landfill, sanitary – A facility for the burial of nonhazardous and non-medical farm,
residential, institutional, commercial or industrial waste according to the provisions of
subtitle “D” of the Resource Recovery and Conservation Act.

Landscaping - Any additions to the natural features of a plot of ground to restore

construction disturbance and to make it more attractive, as by adding lawns, trees, and
shrubs to the natural environment.

Landscaping plan - A plan containing the information required in Section 114-238 (B) of
this Chapter.

Page 22 | CITY OF DOTHAN ZONING ORDINANCE

Legal nonconforming building and/or structure (grandfathered building and/or structure) -
A building and/or structure which was lawfully erected or altered in conformity with all
applicable municipal ordinances or through variances granted by the board of zoning
adjustment, but which the building and/or structure does not comply with all the provisions
this chapter establishes for buildings and/or structures in the district in which the
buildings and/or structure is located.

Legal nonconforming use (grandfathered use) - A land use which, on the effective date of
the ordinance from which this chapter is derived, was lawfully operated in accordance
with the provisions of any prior zoning ordinance or through a variance granted by the
board of zoning adjustment, but which use is not a permitted use as established by this
chapter in the district in which the use is located.

Line of site - A visual path emanating from an average eye level adjudged to be three and
one-half (3 ½) feet above ground level.

Liquor sales - The retail sale of alcoholic spirituous beverages to patrons or customers,
in sealed packages, and not for consumption on the premises.

Listed Sign - A sign manufactured and labels in accordance with specifications

promulgated by a recognized testing laboratory designed to assure compliance with
American National Standards (ANSI) and/or the National Electric Code (NEC).

Livestock – Refer to the City Code of Ordinances, Chapter 10 Animals.

Living space - The floor space in a dwelling to be calculated on the basis of total habitable
room area.

Living quarters - Housing providing facilities for sleeping and bathing.

Live work – A building or space within a building that is used jointly for commercial and
residential purposes where the residential use of the space is secondary or accessory to
the primary use as a place of work.

Light manufacturing – See definition of manufacturing, light.

Lounge – See definition of bar, tavern or lounge.

Lot - A piece, parcel or plot of land occupied or intended to be occupied by one main
building, accessory building, uses customarily incidental to such main buildings and such
open spaces as are provided in this chapter or as intended to be used with such piece,
parcel or plot of land. Two or more lots of record may be combined to create one zone
lot provided a “Unity of Title Declaration” is submitted and recorded (see Sec. 114-187).)

CITY OF DOTHAN ZONING ORDINANCE | Page 23

Lot, corner – A lot situated at the intersection of two or more streets. On corner lots, the
narrower side shall be considered the front, regardless of the location of the main
entrance of the dwelling. Where both frontages of the lot are equal, the front yard shall
be considered the side on which the majority of the lots front the block.

Lot, double-frontage - A lot having frontage on two nonintersecting streets, as

distinguished from a corner lot.

Lot width - The horizontal distance between side lot lines measured along a line that is
parallel to the front lot line.

Lot of Record - A lot which is part of a subdivision, the plat of which has been recorded
in the office of the Judge of Probate of Houston, Dale or Henry Counties, or any parcel
of land, whether or not part of a subdivision, that has been officially recorded by a deed
in the office of the Judge of Probate, provided such lot was of a size which met the
minimum dimensions for lots in the district in which it was located at the time of recording
or was recorded prior to the effective date of zoning in the area where the lot is located
and met the requirements of the subdivision regulations in effect at the time of the
recording.

Lot, Zone - Two or more Lots of Record combined into one unified building site. Such
land area may be designated as a Zone Lot only by the owner or owners thereof through
the filing of a Unity of Title Declaration (see Sec. 114-187).

Luminance – The light that is emitted by or reflected from a surface. Measured in units
of luminous intensity (candelas) per unit area (square meters in SI measurement units or
square feet in English measurement units.) Expressed in SI units as cd/m², and in
English units as foot lamberts. Sometimes also expressed as “nits”, a colloquial
reference to SI units and measured with a luminance meter.

Lux – The SI (metric) unit for illuminance. One lux equals 0.093 foot candles.

Maintenance – The act of replacing, repairing, or repainting a portion of a structure.

Major thoroughfares (arterials) – Refer to the definition of major arterial in the City of
Dothan Code of Ordinances, Chapter 90, Subdivision Regulations. Major
thoroughfares/arterials shall include the following: Ross Clark Circle, U.S. Highway 231,
U.S. Highway 431, U.S. Highway 84, Westgate Parkway, Honeysuckle Road between U.S.
Highway 84 and Alabama Highway 52, Park Avenue, Denton Road north of U.S. Highway
231, Alabama Highway 52, Alabama Highway 53, Fortner Street east of Honeysuckle
Road, Alabama Highway 605, Headland Avenue from Reeves Street northward to the city
limits, Hodgesville Road from U.S. 231 to Saunders Road, Saunders Road between
Hodgesville Road and U.S. Highway 231, Napier Field Road, Flynn Road, Flowers Chapel
Road or as hereafter designated by the board of commissioners.

Page 24 | CITY OF DOTHAN ZONING ORDINANCE

Manufactured (mobile) home - A structure designed in one or more sections on a
permanent chassis without independent motive power to be used as a dwelling with or
without a permanent foundation, connected to public utilities incorporating plumbing,
heating and air-conditioning and electrical systems and displaying a current HUD
certification sticker.

Manufactured home lot/site - a parcel of land designed for the exclusive use of the
occupants of a single manufactured home.

Manufactured home park/community - Any site, lot, field or tract of land privately or
publicly owned or operated upon which two (2) or more manufactured homes used for
living quarters.

Manufactured home park/community street- A hard surfaced street which affords principal
access to manufactured home lots/sites or auxiliary buildings from any adjacent public
street.

Manufactured home stand – That part of an individual lot/site which has been reserved or
designed specifically for the placement and support of one (1) manufactured home unit.

Manufactured home skirting – a durable material designed and installed to enclose the
space from the bottom of the manufactured home to the surface of the manufactured home
stand.

Manufacturing, heavy - The manufacture or compounding process of raw materials. These

activities or processes would necessitate the storage of large volumes of potentially
flammable, toxic or explosive materials needed for the manufacturing process. These
activities may involve outdoor operations as part of their manufacturing process. Typical
heavy manufacturing uses include but are not limited to: concrete batch plants; concrete,
tile, or brick manufacturing; automobile, truck, and tire assembly; ammonia or chlorine
manufacturing; metal casting or foundries; gas manufacturing; grain milling or processing;
metal or metal ore production, refining, smelting, or alloying; petroleum or petroleum
product refining; boat, pool and spa manufacturing; slaughtering of animals; glass
manufacturing; paper manufacturing; and wood or lumber processing.

Manufacturing, light - The manufacture, predominately from previously prepared

materials, of finished products or parts, including processing, fabrication, assembly,
treatment and packaging of such products, and incidental storage, sales and distribution
of such products, but excluding basic industrial processing and custom manufacturing.
Typical light manufacturing uses include but are not limited to: electronic goods, food and
bakery products, non-alcoholic beverages, paper imprinting, household appliances,
leather products, jewelry, food and bakery products, and clothing apparel.

Mausoleum – See definition of cemetery/mausoleum/crematory.

CITY OF DOTHAN ZONING ORDINANCE | Page 25

Medical or scientific lab - A facility for research, testing or investigation of a medical or
scientific nature, but not for the production of a product.

Microbrewery - The production of beer, regardless of the percentage of alcohol by

volume (ABV), in quantities not to exceed five-thousand (5,000) barrels per month, with
a barrel containing thirty-one (31) U.S. liquid gallons.

Mineral extraction - The extraction of metallic and nonmetallic minerals or materials,

including rock crushing, screening and the accessory storage of explosives.

Minor plan amendment - Alterations to existing developments which do not increase

either the building area or the square footage of existing building(s) by more than fifty
percent (50%) and which, in the judgment of the administrative official, will not
significantly affect neighboring property or public services and facilities, including but
not limited to water, sanitary sewer, transportation and storm drainage systems.

Minor modification (PUD’s only) - Any change which does not alter the scope or intent of
the PUD or adversely affect adjacent areas or increase financial or maintenance
responsibility to the city.

Mobile storage unit - The purchase, lease, or rental of any storage unit or container that
is either set on the ground or on wheels, and which is typically used for, but is not limited
to the storage of equipment, excess inventory, layaway items, back-to-school
merchandise, seasonal merchandise, records or clearance sale items. A mobile storage
unit excludes semi-trailers, and/or containers belonging to a railroad or barge operation
located in a railroad yard, on a railroad track, and on or near a navigable river.

Mobile vendor - A person who peddles, vends, sells, displays, or offers for sale goods,
wares or merchandise at a temporary location and/or on a temporary or occasional basis.
Notwithstanding the foregoing, vendors selling only food and/or beverages, vendors
selling living plants and agricultural products, and street vendors shall not be considered
"mobile vendors".

Mobile vending - Any equipment, apparatus, trailer, vehicle, cart, or other conveyance,
other than a vending machine, located outdoors, from which a vendor displays, sells,
offers for sale, gives away, or offers to give away anything of value including any food,
beverage, goods, wares, merchandise, or services.

Modular home - A dwelling unit constructed or assembled on-site in accordance with the
applicable building code and composed of components substantially assembled in a
manufacturing plant and transported to the building site for final assembly on a permanent
foundation.

Page 26 | CITY OF DOTHAN ZONING ORDINANCE

Monument Sign. A freestanding sign that is detached from a building and having a support
structure that is a solid-appearing base constructed of a permanent material, such as
concrete block or brick.

Motel - A building or group of buildings containing one or more guestrooms having

separated outside entrances for each such room or suite of rooms and for each of which
rooms or suite of room’s an automobile parking space is provided.

Motor freight - Facilities engaged in the shipment of goods from shippers to receivers
for a charge including the services of other transportation establishments to effectuate
delivery.

Multi-copy - Services for instant reproduction of documents by the photocopy process

for individual patrons.

Multi-faced signs - Any sign that uses more than one (1) side to relay a message,
statement, or expression.

Multi-family - Three (3) or more dwelling units within a single (1) building.

Multimedia productions - A facility for the staging and recording of video or audio
productions such as, but not limited to music commercials, programs and motion pictures.

Natural vegetation - A generally undisturbed, maintenance-free, self-perpetuating

stand of vegetation comprised of indigenous shrubs, flowers, wild grasses, and trees.

Net residential acreage - Land used or proposed to be used for the placement of dwelling
units and their accessory uses, private open spaces, parking areas, etc. This does not
include streets or public recreation or open spaces.

Nits – The unit of measurement for luminance which is the total amount of light emitted
from a sign divided by the surface are of the sign (candelas per square meter cd/m2).

Non-commercial message - A message that carries no statement or expression related

to the commercial interests of the sign owner, lessee, author or other persons
responsible for the sign message.

Nonconforming sign - Any sign that is allowed by this ordinance yet does not conform
to the requirements of the ordinance.

Nonconforming use - A land use of any building and/or structure and/or land which, though
originally lawful, does not conform to this chapter or any subsequent amendments thereto
for the district in which it is located.

CITY OF DOTHAN ZONING ORDINANCE | Page 27

Nonconformity - A condition that occurs when, on the effective date of adoption of this
code or a previous ordinance or on the effective date of an ordinance text amendment or
rezoning, an existing lot, building and/or structure, sign, development, or use of an
existing lot or building and/or structure does not conform to one or more of the
regulations currently applicable to the district in which the lot, building and/or structure,
sign, development, or use is located.

Non-protected trees - Any pine tree less than eighteen (18) inches DBH and any non-
pine species less than twelve (12) inches DBH, plus any other species of trees that the
city horticulturist may certify to the planning commission in writing as not being suitable
for preservation. A list of such non-protected species shall be maintained by the planning
and development department.

Nonresidential drug treatment facility - A facility characterized by the dispensing of

substitute narcotics for the treatment of drug addictions with little or no professional
counseling on an outpatient basis.

Nursing home - A State of Alabama licensed facility providing full-time convalescent or

chronic care to persons who, by reason of advanced age, chronic illness or infirmity are
unable to care for themselves and require skilled nursing and related medical services.

Off-premise sign (Off-site sign) - Any sign containing a message unrelated to a

business, profession, or activity conducted, or to a commodity or service sold or
offered, upon the premises where the sign is located.

Office, general – A building providing space for executive, management, administrative or

professional services, but not involving medical services.

On-premise sign - Any sign containing a message related to a business, profession, or

activity conducted, or to a commodity or service sold or offered, upon the premises
where the sign is located.

Outpatient clinic - A facility for examining and treating patients with medical problems on
an outpatient basis, including ambulatory care or similar medical services that generally
require a stay of less than twenty-four (24) hours.

Open space - An area open to the sky which may be on the same lot with a building. The
area may include, along with natural environmental features, swimming pools, tennis
courts or any other recreational facilities. Streets, buildings and/or structures for
habitation and the like shall not be included.

Open space, permanent, useable – These terms are meant to include public open spaces,
not occupied by buildings, and may consist of pedestrian walkways, play areas,
landscaped areas, sports areas, ponds and any other areas suitable for the common

Page 28 | CITY OF DOTHAN ZONING ORDINANCE

enjoyment of the residents of the project. Privately owned lots or privately occupied
space shall not be considered as permanent useable open space.

Owner - any person with fee title or with written permission from a person with fee title,
to any plot of land within the city who desires to develop, construct, build, operate, modify
or erect a structure upon such land.

Ownership – This term is meant to include the following:

A) A person, partnership or corporation.

B) An association of property owners legally bound to one another.

C) The homeowners association of a condominium project, established under laws of

the State of Alabama.

Park - Any facility that is open to the public for recreational uses, including, but not
limited to, hiking, swimming, boating, camping; predominately kept in a natural state; or
the property of the local, state or federal government, or any department or agency
thereof, specifically designated as a park, natural area or recreation area.

Parking space - The space necessary to park an automobile. Not less than an area nine
(9) feet wide and eighteen (18) feet long shall be provided for each parking space, and
all parking spaces required shall be provided with necessary lanes and maneuvering
areas. Handicapped parking spaces shall have dimensions in accordance with the
Americans with Disabilities Act requirements and/or the International Building Code as
adopted.

Pawnshop - Any building, room, space or portion thereof where a pawnbroker regularly
conducts business.

Perimeter landscaping - The use of landscaping along the outer limits of the development
area excluding access points.

Person - Any individual, including any trustee, receiver, assignee, or personal

representative thereof.

Personal care services - Services such as fitness centers, spas, tanning salons, nail
salons, beauty and barber care, and dry cleaning and laundry services not to include a
laundry plant.

Personal instruction - Services for training individuals or groups in the arts, personal
defense, crafts or other subjects of a similar nature.

CITY OF DOTHAN ZONING ORDINANCE | Page 29

Photometric plan - Illustration depicting the anticipated light levels generated by all
exterior lights across the site and fifty (50) feet beyond the property lines.

Planned unit development (PUD) - A development that:

A) Is land under unified control, planned and developed as a whole in a single

development operation or approved programmed series of development operations
for dwelling units and related uses and facilities;
B) Includes principal and accessory uses and buildings substantially related to the
character of the development itself and the surrounding area of which it is a part;
and
C) Is developed according to comprehensive and detailed plans which include streets,
utilities, building sites and the like.

Pool house – An exterior building designed and used as an accessory to an outdoor

swimming pool and not for human habitation.

Portable sign - Any sign not permanently attached to the ground or other permanent
structure, or a sign designed to be transported, including, but not limited to, signs
designed to be transported by means of wheels; signs converted to A-frames or T-
frames; menu or sandwich board signs; balloons or other inflatable devices used as
signs; umbrellas used for advertising; and signs attached to or painted on vehicles
parked and visible from public right-of-way, unless such vehicle is used in the normal
day-to-day operations of the business.

Portable storage building - A building and/or structure that is designed to be transported

from place-to-place solely for the purpose of storing inanimate objects, does not have a
door or other entranceway into a dwelling unit and that does not have water fixtures
within its confines, the use of which is limited solely to storage of objects.

Power/gas substation - A facility that regulates electric current or natural gas pressure
for distribution to individual neighborhoods.

Printing and publishing - The production and distribution of books, magazines,

newspapers and other printed matter, including retail photocopying and blueprinting
services, as well as record pressing and publishing, engraving and photoengraving.

Produce and fruit stand - A building and/or structure constructed for the display and sale
of fresh produce only. It is not intended to be a market where unpackaged, prepackaged
or home-prepared foods are offered for sale, or where foods which require refrigeration
for health safety are offered for sale.

Prohibited sign - Any sign that is not allowed as of the effective date of this ordinance.

Page 30 | CITY OF DOTHAN ZONING ORDINANCE

Projecting Sign – A sign other than a wall sign
that is attached to or projects more than eighteen
(18) inches from a building face or wall of a
structure whose primary purpose is other than
the support of a sign.

Protected tree - Any pine tree eighteen (18) inches

or greater DBH and any non-pine species twelve
(12) inches or greater DBH except for those
classes or species of trees included in the list of
non-protected trees.

Public land use - Any land use operated by or through a unit or level of government,
either through lease or ownership, such as municipal administration and operation, county
buildings and activities, state highway offices and similar land uses, and federal uses such
as post offices, bureau of public roads and internal revenue offices, military installations,
etc.

Public utilities - any essential services to the public at large, including water, sewer,
telephone (except wireless), electricity, natural gas and other services regulated by the
Alabama Public Service Commission as a public utility, but excluding cable TV, radio,
television and any public utility operation of a wireless communications facility for a
profit.

Putrescible waste - Material which is capable of undergoing the process of decomposition

resulting in the formation of malodorous byproducts.

Radio/television/satellite tower – A building and/or structure for transmitting and receiving

radio, television, satellite and other broadcast signals, including radar surveillance and
including accessory buildings.

Reader board - Permanent sign containing messages in the form of removable letters or
changeable copy. A reader board may be a wall sign or part of a freestanding sign.

Real estate sign – An on-premise sign that is used to identify property for sale (refer to
Section 114-211(P) for applicable standards).

Recommended tree - Any tree listed in Section 114-239 (A) of this chapter or any tree
determined by the city horticulturist. A landscape architect licensed by the State of
Alabama or a landscape designer licensed by the State of Alabama may recommend
other trees for consideration to the city horticulturist that are suited to the soils and
climate of Dothan, Alabama.

Recreation facility (indoor) – A commercial or public recreational land use conducted

entirely within a building, including but not limited to arcade, arena, athletic and health

CITY OF DOTHAN ZONING ORDINANCE | Page 31

clubs, auditorium, bowling alley, community center, conference center, exhibit hall,
gymnasium, library, movie theater, museum, performance theater, pool or billiard hall,
skating rink, swimming pool, tennis court, etc.

Recreation (public) – Publicly owned or operated recreation facilities.

Recreational vehicle (RV), camping-type - A vehicular portable building designed as a

temporary dwelling unit for travel, recreation and vacation uses, which is identified on
the unit by the manufacturer as a "camper," "travel trailer," or "motor home," is not more
than eight (8) feet in body width and does not exceed forty (40) feet in length.

Recycling collection center - A drop-off facility for the temporary assemblage of small
recyclable consumer items such as food and beverage containers, fabrics and paper.

Recycling facility - A facility, other than a facility open to the public, to receive household
waste and recyclable material, where any method, technique, or process is utilized to
separate, process, modify, convert, treat or otherwise prepare non-putrescible waste so
that component materials or substances may be used or reused or sold to third parties
for such purposes. The use or reuse of solid waste may not be used in a manner that
would constitute solid waste disposal.

Regulatory flood - A one-hundred (100) year frequency flood as delineated on the flood
hazard maps which has a probability of occurring once every one-hundred (100) years
or having a one percent (1%) chance of occurring each year.

Rehabilitation facility – A facility offering treatment for addictive, mental or physical

disabilities on either a twenty-four (24) hour a day or outpatient basis.

Religious institution - Any building and/or structure or site used primarily for religious
practices.

Research service – A facility offering basic or applied research, or experimental study,

testing or analysis in the natural sciences, including any educational uses associated with
and accessory to such research.

Residential - Any land area used and/or zoned for housing activities with personal use or
enjoyment without the intent of realizing a profit or recovering costs through the sale of
goods or services.

Restaurant, fast-food - Any building, room, space, or portion thereof where food is sold
for consumption on-site or off-site within a short period of time, orders are made at
either a drive-through or walk-up window or counter, payment for food is made prior to
consumption, and the packaging of food is done in disposable containers.

Page 32 | CITY OF DOTHAN ZONING ORDINANCE

Restaurant, full-service - Any building, room, space or portion thereof where food is sold
for consumption on-site, customers are provided an individual menu, a restaurant
employee serves the customers at the same table or counter at which items are
consumed, where seating turns over at a rate of thirty (30) minutes or more and whose
gross sales of food constitute the principal activity of the business. Alcoholic beverages
may or may not be offered for sale to accompany the meal.

Retail - The sale of goods and/or services at retail. For purposes of calculating required
parking, retail includes "retail, general" and "retail, convenience" and "retail, shopping
center.”

Retail, general - An establishment providing general retail sales, services or rental from
the premises, of goods and/or services not specifically classified in another commercial
activity type. Exterior displays and sales are allowed.

Retail, indoor sales only - An establishment providing general retail sales, services or
rental from the premises, of goods and/or services not specifically classified in another
commercial activity type. No exterior displays and/or sales shall be permitted.

Retail, shopping center - A single building containing two (2) or more different individual
stores engaged in general retail sales.

Retention area - A pond, pool or basin used for the permanent storage of stormwater
runoff.

Roadside stand - A building and/or structure for display and sale of farm products raised
on the premises with no space for customers within the building and/or structure itself.

Roof line - the fascia, soffits, bargeboards and cladding that forms the frontage
immediately below the roof and the eaves of most homes. These are traditionally
made from wood, but can also be made of plastics, such as polyvinyl chloride.

Roof peak - the highest point of a roof.

Roof Sign – A sign mounted on the main roof of a building or on the uppermost edge of a
parapet wall of a building and which is wholly or partially supported by such building.
Signs mounted on mansard facades, pent eaves and architectural projections such as
canopies or marquees shall not be considered a roof sign.

CITY OF DOTHAN ZONING ORDINANCE | Page 33

Page 34 | CITY OF DOTHAN ZONING ORDINANCE
Rooming house - Any building or portion thereof which contains not less than three (3)
or more than nine (9) guestrooms which are designed or intended to be used, let or hired
out for occupancy by persons for compensation, whether paid directly or indirectly.

School - Refer to the following definitions in this article:

A) Business school,
B) Daycare,
C) Community education (Grades K-12),
D) College or university, and
E) Vocational school.

Searchlights - Any light with one or more beams directed into the atmosphere or directed
at one or more points not on the same lot or parcel as the light source.

Scrap operation - The storage, processing and/or sale from the premises of used or waste
material, including automotive dismantlers and recyclers, where a person, firm,
association, corporation, or trust resident or nonresident, is engaged in the business
and/or providing facilities for the purpose of recovering parts from automobiles and
trucks, which have been wrecked or otherwise rendered inoperable as transportation
vehicles with the parts recovered being for resale and further reduces used automobiles
and trucks to a condition capable of salvage for their metal scrap content by scrap
processors.

Seasonal use – See definition of temporary/seasonal use.

Self-service laundry - A building and/or structure containing washing machines and

usually drying machines, which are coin-operated by the customer. It may or may not
have an attendant.

Self-service storage - An establishment that leases or rents storage units for the purpose
of storing personal property.

Semipublic land uses – A philanthropic and charitable land uses including Y.M.C.A.'s,
Y.W.C.A.'s, Salvation Army, orphanages, private welfare organizations, Red Cross, and
other general charitable institutions.

CITY OF DOTHAN ZONING ORDINANCE | Page 35

Shelter, storm - A building and/or structure intended to provide protection to human life
during periods of danger from nuclear fallout, air raids, storms or other emergencies.

Shrub - A woody plant or bush of relatively low height (two (2) to six (6) feet)
distinguished from a tree by having several stems rather than a single trunk.

Sign - Any writing, pictorial representation, number, illustration, or other device which is
supported by or contained within a structure specifically designed to announce direct
attention to, identify, advertise or otherwise make anything known. Excluded are
governmental signs erected for public safety; signs located completely within an enclosed
building; and flag emblems or insignia of a nation, political unit, school or religious group.
The term sign shall not be deemed to include incidental architectural embellishments.

Sign area - The area of a sign or advertising device that can be enclosed or measured
by the smallest square, circle, rectangle, triangle, or geometric figure that will
encompass the extreme limits of the writing, representation, emblem, or other display,
together with any material or color forming an integral part of the background of the
display, or used to differentiate the sign from the backdrop or structure against which it
is placed, also including any supporting framework, bracing, or decorative fence or wall.
The entire face of a projecting or detached sign, excluding those posts, uprights, braces
or other structural members that support it, containing no message(s) and having a
horizontal dimension of less than 24 inches.

Sight triangle - A triangular shaped portion of land established at street/drive aisle

intersections in which nothing is erected, placed, planted or allowed to grow in such a
manner as to limit or obstruct the sight distance of motorists entering or leaving the
intersection. Standards for sight triangles can be found in Section 98-10 of the City of
Dothan Code of Ordinances.

Slaughterhouse - A place where animals are slaughtered and prepared for distribution to
butcher shops or retail sales establishments such as grocery stores. A slaughterhouse is
designed to accommodate the confinement and slaughtering of live animals and may
include packing, treating, storage, or sale of the product on the premises.

Sorority house – See definition of fraternity/sorority house.

Special exception - A special exception is a land use that would generally not be
considered as an appropriate land use in a particular zoning district as a use permitted
by-right, but could be considered appropriate with certain controls and/or restrictions
which promote the public health, safety, welfare, order, comfort, convenience,
appearance, prosperity, or general welfare. Special exceptions require approval by the
board of zoning adjustment as outlined in this chapter in Article VI, Board of Zoning
Adjustment. Uses that qualify for special exception consideration are outlined in the table
of permitted uses in Article VIII, District Regulations.

Page 36 | CITY OF DOTHAN ZONING ORDINANCE

Stable – See definition of kennel or stable.

Story - That portion of a building included between the surface of any floor and the
surface of the floor next above it or, if there is no floor above it, the space between such
floor and the ceiling next above it.

Street - Any public or private way set aside for common travel. Refer to the City of
Dothan Code of Ordinances, Chapter 90, Subdivision Regulations for street classifications,
definitions and requirements.

Street frontage - The length of the property line of the lot, lots, parcel or tract of land
abutting a public street, road or highway.

Structure - Anything constructed or erected which requires location on the ground or

attached to something having a location on the ground, including among other things signs,
billboards, fences and walls, but not including telephone poles, overhead wires, wire
fences and other fences less than three feet high, retaining walls or terraces (See
definition of building).

Street Vendor - Any person engaging temporarily in the retail sale of goods, wares, or
merchandise within the city, including any person who for the purpose of conducting such
business from a cart or motor vehicle of any kind.

Tank farm - An open air facility containing aboveground large containers for the bulk
storage of material in liquid, powder or pellet form.

Tavern – See definition of bar (tavern or lounge).

Taxidermy - The art of preparing, stuffing, and mounting the skins of animals.

Telecommunications facilities - any cables, wires, lines, wave guides, antennas and any
other equipment or facilities associated with the transmission or reception of
communication which a person seeks to locate or has installed upon or near a tower or
antenna support structure. The term "telecommunications facilities" shall not include:

A) Any satellite earth station antennas two meters or less in diameter and located in any
area zoned to generally permit commercial or industrial uses.
B) Amateur radio service antennas (HAMS).
C) Direct broadcast satellite (DBS) antennas one meter or less in diameter.
D) Antennas which are one meter or less in diameter designed to receive video
programming services via multichannel, multipoint distribution (wireless cable)
providers (MMDS).
E) Antennas which receive signals from television broadcast stations (TVBS) provided
such antennas do not exceed twenty-five (25) feet above the established height of
the zoning district.

CITY OF DOTHAN ZONING ORDINANCE | Page 37

F) Accessory facilities used exclusively for dispatch communications by public
emergency agencies or government agencies.
G) Accessory facilities used exclusively for dispatch communication by government
agencies.
H) Facilities, such as Supervisory Control and Data Acquisition (SCADA) or Distribution
Automation (DA) facilities, exclusively used by public utilities and by the city for
monitoring and controlling the operation of public utility systems and city services,
where accessory to a permitted public utility installation or a permitted city
installation, provided such facilities do not exceed twenty (20) feet in height above a
structure or building when mounted thereto or one-hundred (100) feet in height when
ground-mounted.

Temporary festival - The provision of rides, games, food, amusements, and/or activities,
open to the public. The use shall have duration of no more than fourteen (14) days in one
(1) month.

Temporary/seasonal use – A use established for a fixed period of time, with the intent to
discontinue such use upon the expiration of such time that does not involve the
construction or alteration of any permanent building and/or structure.

Temporary sign – A sign displaying information for a use or event for a limited period of
time.

Time and/or temperature sign - Any sign that displays current time and/or temperature
for the location in which the sign is placed.

Tower - a self-supporting lattice, guyed or monopole structure constructed from grade

which supports telecommunications facilities.

A) Guyed tower means a communications tower anchored with guy wires.

B) Lattice tower means a self-supporting communications tower with three or more sides
of open-framed supports.
C) Monopole tower means a cylindrical self-supporting communications tower
constructed as a single spire.

Townhouse - An attached dwelling unit having a separate ground floor entrance and
separate private yard space, with common sidewalls on one (1) or both sides of the
dwelling unit.

Townhouse complex - A group of townhouse buildings each containing not less than two
(2) or more than (7) seven attached townhouse units as regulated by Article IX,
Townhouse Regulations.

Page 38 | CITY OF DOTHAN ZONING ORDINANCE

Townhouse building – A single building within a townhouse complex containing as many
as seven (7) individual residential units sharing at least one common wall as regulated by
Article IX, Townhouse Regulations.

Townhouse unit – A single living space located within a townhouse building sharing at
least one common wall as regulated by Article IX, Townhouse Regulations.

Tree - A woody plant with one main, erect trunk with a diameter of at least three (3)
inches at breast height at maturity with a distinct and elevated crown.

Tree protection area - The portion of a lot or parcel located in a required setback or
yard.

Tree removal - The removal of a tree by any act that causes it to die including, cutting,
pruning, root damage or other damage resulting from construction, grading, paving, or
other activities.

Tree removal plan - A plan conforming to Section 114-237 (C) of this article.

Under Canopy/Awning Sign - A sign attached to the underside of a canopy or awning.

Understory tree - Any tree that is normally less than twenty-five (25) feet in height at
maturity, but that still provides shade and a degree of protection to the earth and
vegetation beneath it. Examples of recommended understory trees are included in
Section 114-239 (A) of this article. Understory trees shall not be pruned or trimmed to
restrict their growth unless such pruning or trimming is necessary to prevent
interference with utilities or sight obstructions.

University – See definition of college or university.

Use - The purpose for which land or a building and/or structure is designed, arranged or
intended or for which it is or may be occupied or maintained.

Utility companies - Any person, governmental body, organization, or entity of any type,
and their agents, representatives, and employees, supplying electricity, natural gas,
water, communications, or similar or associated services.

Utility equipment - Poles, towers, supports, wires, conductors, conduits, guys, stubs,
cross arms, braces, transformers, insulators, cut-outs, switches, communication circuits,
used or useful in supplying electricity, natural gas, water, communication or similar or
associated services.

Variance - A relaxation of the terms of this chapter where such variance will not be
contrary to the public interest and where such variance is due to conditions peculiar to
the property and not the result of the actions of the applicant.

CITY OF DOTHAN ZONING ORDINANCE | Page 39

Vehicular rental/leasing - An establishment that offers the rental or leasing of
automobiles, motorcycles, recreational vehicles, boats, recreational equipment, and light
trucks and vans, including incidental parking and servicing of vehicles for rent or lease
(e.g. rental car agencies and taxi-cab dispatch areas). No "automobile repair" or "scrap
operation" activities may occur on-site and no abandoned vehicles shall be stored on the
premises.

Vehicular sales and service, limited or limited vehicular sales and service – An
establishment that offers the retail or wholesale sale of motorcycles, trucks and vans,
recreational vehicles, boats, or similar motorized recreational equipment, along with
incidental service or maintenance such as, but not limited to boat dealers, motorcycle
dealers, and recreational vehicle dealers. No "automobile repair" or "scrap operation"
activities may occur on-site and no abandoned vehicles shall be stored on the premises.

Veterinarian - An enterprise for the outpatient care and treatment of the diseases and
injuries of animals. Boarding of animals is not permitted at a veterinarian. (Also see
definition of animal hospital.)

Vocational school – A facility

offering regularly scheduled
instruction in technical,
commercial or trade skills.

Wall or Fascia Sign – A sign that

is affixed in any manner to an
exterior wall of a building or
structure and that projects no
further than eighteen (18) inches
from the surface of the building or structure wall. Also includes signs painted on the
wall or affixed to architectural projection that extends from a building provided the copy
area of such signs remain parallel to the face of the building façade or to the face of the
architectural projection to which it is affixed.

Warehouse - A facility used primarily for the bulk storage of goods and materials either
for a private entity or the general public.

Wholesale – See definition for distributive business/wholesale.

Wind sign - Any sign, pennant, ribbon, spinner, streamer, flag, feather, captive balloon,
or other objects or materials fastened in such a manner as to move upon being
subjected to pressure by wind and/or acting to draw attention to a business, product,
service or activity whether it contains a message or not.

Page 40 | CITY OF DOTHAN ZONING ORDINANCE

Window - Any single window pane, or a series of adjacent window panes separated by a
mullion(s) of 12 inches or less. Adjacent window panes set at different angles shall
constitute separate windows regardless of the width of their mullion separation.

Window Sign - A picture, symbol, or combination thereof designed to communicate

information about a business, commodity, event, sale, or service that is placed inside or
upon a window and is visible from the exterior of the window. Sunscreen applications
to windows are not signs provided opacity is less than fifty percent (50%).

Wrecker service – An establishment for the removal of a motor vehicle by towing,

carrying, hauling or pushing from public or private property when such vehicle is
inoperable or has been ordered to be impounded to a public or private impound lot. This
shall not include an "automobile service" use that has a tow truck and service vehicles
on-site.

Yard - The open space

on the lot between the lot
lines or street right-of-
way and the building
envelope for the main
building, left open,
unoccupied and
unobstructed by
buildings and/or
structures from the
ground to the sky, except
as otherwise provided in
this chapter. Yards shall
be measured from the
wall of the building
and/or structure to the
property line. The
maximum allowable roof
overhang within the yard
setbacks shall be thirty
(30) inches. If a roof
overhang exceeds thirty
(30) inches, the appropriate yard setback shall be measured from the property line to the
facing of the overhang less the allowed thirty (30) inches of overhang. See figures below

CITY OF DOTHAN ZONING ORDINANCE | Page 41

for illustrations of one (1) house with a thirty (30) inch overhang and another house with
a greater than thirty (30) inch overhang.

Yard, front – An open space extending across the entire width of the lot between the
main buildings, including covered porches, and the front lot line, or if an official future
street right-of-way line has been established, between the main building including
covered porches and
the right-of-way line.
On corner lots, the
narrower side shall be
considered the
regardless of the
location of the main
entrance of the
dwelling. Where both
frontages of the lot
are equal, the front
yard shall be
considered the side
on which the majority
of the lots front the
block. No storm
shelter, even though it
does not exceed thirty
(30) inches in height,
shall be permitted in
any front yard.

Yard, rear – An open

space extending
across the width of the
lot behind the main
building to the
property line,
excluding accessory
buildings and/or
structures.

Yard, side – An open

space extending along
the side lot line, front yard to the rear yard, between the main building, excluding
accessory buildings and/or structures and such lot line.

Page 42 | CITY OF DOTHAN ZONING ORDINANCE

Yard, street-side – A street side yard is an open space extending along the side lot line,
front yard to the rear yard, between the main building and the street. This definition only
applies to corner lots.

Yard, required - A yard is an open space, the depth of which is specified in the "District
Dimensional Regulations" pertaining to the district in which such yard is required to be
provided (See Article VIII, Section 114-132). The actual front, rear or side yard may
exceed the required yard but may not be less than the required yard unless a variance is
approved by the board of zoning adjustment.

Sec. 114-27 to 114-37. Reserved.

(The remainder of this page has been left blank intentionally.)

CITY OF DOTHAN ZONING ORDINANCE | Page 43

Page 44 | CITY OF DOTHAN ZONING ORDINANCE
 Article III. Administration and Enforcement.

Sec. 114-38. Purpose.

The purpose of this article is to specify the process to administer and enforce the City of
Dothan’s Zoning Regulations and identify remedies when enforcement action becomes
necessary. This article is also intended to link requirements of this chapter to an
applicant’s responsibility for obtaining required building permits. Regulations in this
article are not intended to modify regulations established in the City of Dothan Code of
Ordinances, Chapter 14, Buildings and Building Regulations, or any other regulations
established in this chapter.

Sec. 114-39. Enforcing officer.

Regulations in this chapter shall be administered and enforced by the administrative

official. Upon good cause and upon presentation of proper credentials, the administrative
official or his authorized agent may enter at any reasonable time any building, structure,
or premises for the purpose of determining whether this Ordinance is being violated.
When a violation of this Ordinance is found, the administrative official is authorized and
directed to institute any appropriate action to prevent or terminate such violation
including without limitation, direct abatement, citation, or civil action to enjoin the
violation.

Sec. 114-40. Permit required.

It shall be unlawful to commence the excavation for or the construction of any building
and/or structure, including accessory buildings and/or structures, or to store building
materials and/or erect temporary field offices and/or to commence the moving, alteration
and/or repair (except necessary repairs not affecting the external or party walls,
chimneys, stairways or heights of buildings) of any building and/or structure, including
accessory buildings and/or structures, until the administrative official has authorized the
release of a building permit for such work.

A) Application required. Application for a building permit shall be made to the building
official on forms provided for that purpose. Application forms shall include a
statement, to be signed by the applicant or the applicant’s agent, stating that the
plans, specifications and intended use of such building and/or structure in all
respects conform to this chapter.

B) Plans required. It shall be unlawful for the administrative official to approve any
plans or authorize release of a building permit for any excavation or construction
until he has inspected such plans in detail and found them in conformity with this
chapter. Therefore, the administrative official shall require that every application
for a building permit for the excavation, construction, use of land, moving or
alteration thereof be accompanied by a plan or plat drawn to scale and showing

CITY OF DOTHAN ZONING ORDINANCE | Page 45

 the following in sufficient detail to enable the administrative official to ascertain
whether the proposed excavation, construction, use of land, moving or alteration
is in conformance with this chapter:

(1) The actual shape, proportion and dimensions of the lot to be built upon.

(2) The shape, size and location of all buildings and/or structures to be erected,
altered or moved and of any buildings or other buildings and/or structures
already on the lot.

(3) The existing and intended use of all such buildings or other buildings and/or
structures.

(4) Information such as the location of property lines and location(s) of existing
buildings on adjoining lots may be essential for determining conformance
with this chapter. Other information may be requested by the administrative
official.

C) Review and determination. The administrative official shall review the permit
application. After concluding that zoning regulations have been satisfied, the
administrative official shall notify the building official that the plans are in
compliance with this chapter, and hereby authorize the release of the respective
permit. If zoning regulations have not been satisfied, the administrative official
shall state in writing, on the application, the cause of any disapproval. Issuance of
a building permit shall, in no case, be construed as waiving any provision of this
chapter.

D) Fee required. Application filing fees may be required. Fees associated with
rezoning regulations, when required, are outlined in Article IV, Amendment and
Rezoning Procedure, and shall be required at the time of application submission.
Fees associated with building permits are outlined in the City of Dothan Code of
Ordinances, Chapter 14, Buildings and Building Regulations, and shall be paid in
accordance with policies established by the department.

E) Final inspection. Prior to the occupancy or use of any land, building and/or
structure or part thereof, a final inspection shall be required. The purpose of the
final inspection is to ensure that any land or building and/or structure or part
thereof is found to be in conformity with this chapter. It shall be the duty of the
owner or agent to contact the administrative official to schedule a final inspection.

F) Certificate of occupancy. The building official shall issue the certificate of

occupancy after the project passes the final inspection. The issuance of the
certificate of occupancy shall occur no later than the end of the next business day
following the final inspection.

Page 46 | CITY OF DOTHAN ZONING ORDINANCE

G) Temporary certificate of occupancy. A temporary certificate of occupancy may be
issued by the building official after consultation with the administrative official for
a period not to exceed sixty (60) days.

Sec. 114-41. Appeals.

Appeals to the administration and enforcement of this chapter shall be permitted as

follows:

A) Zoning. Appeals pertaining to the regulations of this chapter and/or decisions,

determinations or interpretations of the administrative official shall be handled by
the board of zoning adjustment in accordance with Article VI of this chapter.

B) Building code. Appeals pertaining to building code regulations or enforcements

shall be handled in accordance with the City of Dothan Code of Ordinances, Chapter
14, Buildings and Building Regulations.

Sec. 114-42. Remedies.

The administrative official shall have the power to seek redress in municipal court and
may secure injunctions and abatement orders to further ensure compliance with this
chapter. If any building and/or structure is erected, constructed, reconstructed, altered,
repaired, converted or maintained or if any building and/or structure or land is used in
violation of this chapter, the administrative official or any other appropriate authority or
any adjacent or neighboring property owner who would be especially damaged by such
violation, in addition to other remedies, may institute injunction, mandamus or other
appropriate action or proceeding to prevent such unlawful erection, construction,
reconstruction, alteration, repair, conversion, maintenance or use to correct or abate such
violation or to prevent occupancy of such building and/or structure or land.

Sec. 114-43. Penalties.

Wherever in this Code or in any of the city ordinances any act is prohibited or is made
or declared to be unlawful or an offense or misdemeanor or whenever in such Code or
ordinance the doing of any act is required or the failure to do any act is declared to be
unlawful and no specific penalty is provided, the violation of any such provision of this
Code or any such ordinance shall be punished by a fine of not less than $1.00 nor more
than $500.00 or by imprisonment in the jail or at hard labor for a period of not
exceeding six months or by both such fine and imprisonment, at the discretion of the
judge trying the case. Each day any violation of this Code or any such city ordinance
shall continue shall constitute a separate offense.

A) Responsibility. Persons charged with such violation(s) may include:

CITY OF DOTHAN ZONING ORDINANCE | Page 47

 (1) The owner, agent, lessee, tenant, contractor, or any other person using the
land, Building or Premises where such violation has been committed or shall
exist.

(2) Any person who knowingly commits, takes part or assists in such violation.

(3) Any person who maintains any land, Building or Premises in which such
violation shall exist.

B) Written Notice. Prior to any criminal prosecution, the administrative official shall
give a written notice or citation to the person, firm, corporation, or organization
violating any provision of this Ordinance stating the rule or regulation being violated
and notifying the said person, firm, corporation, or organization to cease and desist
such violation immediately. Otherwise, such person, firm, corporation, or
organization will be prosecuted as provided herein.

Secs. 114-44 to 114-53. Reserved.

(The remainder of this page has been left blank intentionally.)

Page 48 | CITY OF DOTHAN ZONING ORDINANCE

 Article IV. Amendment and Rezoning Procedure.

Sec. 114-54. Purpose.

The purpose of this article is to identify and clarify the processes associated with making
application for amendments to this chapter, including changes to the official zoning map.

Sec. 114-55. Amendment procedure.

Following submission and review by the planning commission, the regulations and the
number, area and boundaries of districts established by Article VII, Classification and
Establishment of Uses, may be amended, supplemented, changed, modified or repealed
by the board of commissioners. No amendment shall become effective unless it is first
submitted to the planning commission for its recommendation following a public hearing.

Sec. 114-56. Petition.

Any person desiring to petition for rezoning under the authority of this article must
present such petition to the secretary of the planning commission in writing by the second
Friday of the month preceding the desired hearing date month. The petition will be
submitted according to planning commission procedure as follows:

A) Application required. An application shall be submitted to the planning and

development department on a form provided by the department. The application
shall be signed by the property owner or accompanied by an affidavit that the
applicant is authorized to act on the owner’s behalf.

B) Entire parcel. Rezoning requests shall be submitted for entire parcel only.
Requests to split zone a parcel will not be accepted.

C) Map required. The application shall be accompanied by the following:

(1) Paper copies. Eight (8) copies of a map drawn by a surveyor licensed in the
State of Alabama of the property proposed to be rezoned, to a scale suitable
to fit on a 24-inch by 36-inch (24” X 36”) sheet. The map shall show
distances, bearings, legal description, all surrounding zoning, property as is
and state the proposed rezoning is from ________ district to ________ district.
(2) Digital copy. A digital copy of any maps submitted for review, in .PDF or
.JPG format.
(3) Vicinity map. A map identifying the exact location of the property to be
rezoned, illustrating a one-half (½) mile radius from the site, drawn on the
rezoning map or submitted as an attachment.

D) Legal description required. The application shall be accompanied by the following:

CITY OF DOTHAN ZONING ORDINANCE | Page 49

 (1) Paper copies. A written legal description of the property to be rezoned
written on paper copies of proposed rezoning maps or submitted on a
separate sheet and labeled as an attachment to the maps. For metes &
bounds parcels, a recorded legal description or if located in a recorded
subdivision, the lot number and block may be used.
(2) Digital copy. A legal description of the property to be rezoned, submitted
in electronic media in .doc format.

Sec. 114-57. Fee required.

To offset the costs to review and process the request, the application will be accompanied
by cash or check, payable to the City of Dothan, in the amount of $100.00 plus $10.00 per
acre, not to exceed $250.00. Application fees shall not be refunded except upon the
recommendation of the administrative official and approval by the city manager.
Payment of the fee set out in this section and the cost for publication of the notice shall
not be required of employees or agents of the city submitting proposed amendments in
the course of their official duties. The application fee does not include the cost of public
notice by the board of commissioners.

Sec. 114-58. Public hearings required.

A) Planning Commission. The planning commission shall hold a public hearing, notice
of which shall be given, for the consideration of any proposed amendment to this
chapter or the zoning map and report its recommendation to the board of
commissioners.
B) City Commission. The city commission may hold a public hearing, notice of which
shall be given, for the consideration of any proposed amendment to this chapter
or the zoning map.

Sec. 114-59. Notice required.

A) Publication of legal notice. Rezoning petitions require publication in the local

newspaper prior to public hearings by the planning commission and the board of
commissioners.

(1) Planning commission. The administrative official shall cause the preparation
of required notice for public hearings by the planning commission and
submit the required notice to a newspaper of general circulation for
publication. Required notice shall be accomplished by publishing the
meeting agenda. Unless otherwise provided, costs of said notice are
included in the initial application fee.

(2) City commission. Should the planning commission recommend the rezoning
to the city commission, notice of the proposed rezoning shall be published
as required by law. Required notice shall include a written legal description

Page 50 | CITY OF DOTHAN ZONING ORDINANCE

 and map of the property to be rezoned. The applicant will be notified of the
cost of publication as determined by the newspaper to the office of
department of planning and development. Cost of publication is not included
in the initial application fee. Further processing shall be withheld until the
cost of publication is paid. Upon passage by the city commission, the
approved ordinance will be advertised one additional instance. The cost of
advertising will be the responsibility of the applicant as determined by the
city clerk's office.

B) Posting notice. A public notice sign must be erected and maintained at the
applicant's expense not less than fourteen (14) calendar days prior to the date of
the public hearing. The public notice sign must be placed on all street frontages
for proper notification of adjacent property owners. The applicant will be
responsible for making sure the sign is erected and conforms to specifications
established by the planning commission. Tabled applications shall be required to
post notice before being heard by the planning commission.

C) Written notice. Written notice to adjacent property owners is required. The

applicant shall provide the names and addresses of adjacent property owners on
all sides and across any street according to the official tax records of the
appropriate county in which the proposal is located. The city shall send notice of
the proposed rezoning to adjacent property owners via first-class mail. The cost
of said written notice shall be included in the initial application fee. Tabled
applications shall be required to pay for additional written notice before being
heard by the planning commission.

Sec. 114-60. Action on petition.

Failure of the petitioner to remit full payment for the cost of publication as outlined is
Sec. 114-59(A)(2) within ninety (90) days of the Planning Commission public hearing
shall constitute consent to withdraw the petition from further consideration. Applications
for rezoning on the same parcel of property shall not be submitted for consideration
within six (6) months of original petition without first securing unanimous approval of
the planning commission.

Sec. 114-61. Development plans or subdivision plats.

The submission of development plans and/or subdivision plats shall not be required as a
condition precedent to amending this chapter. However, in order to induce an approval
recommendation for a rezoning request from the planning commission, an applicant may
link the approval to a specific development plan. Should the applicant not submit an
application for development plan approval within 6 months of the planning commission
approval, the zoning shall automatically revert to the previous designation.

CITY OF DOTHAN ZONING ORDINANCE | Page 51

Sec. 114-62. Zoning of annexed land.

Where land now lying in unincorporated county is annexed into the corporate limits of the
City of Dothan, these parcels shall be automatically zoned A-C and subject to all zoning
regulations therein unless rezoned as part of the annexation process. Regardless, the
property must be formally rezoned prior to issuance of any building permits.

Sec. 114-63. Appeal from the action of the planning commission.

A) Pursuant to Ala. Code 1975, 11-52-14, actions of the planning commission may
be appealed to the city commission. Appeals must be submitted within fifteen (15)
days of the hearing.
B) A petitioner shall submit to the Planning Department:
a. A signed narrative and any other material that states and supports the
rationale for the appeal.
b. A list of the names and addresses of adjacent property owners.
c. All advertising and legal notice costs associated with the appeal shall be
responsibility of the petitioner and payable to the City of Dothan.

Secs. 114-64 to 114-72. Reserved.

(The remainder of this page has been left blank intentionally.)

Page 52 | CITY OF DOTHAN ZONING ORDINANCE

 Article V. Development Plans.

Sec. 114-73. Purpose.

It is the purpose of this article to encourage a high standard of land development through
careful review of proposed development projects as well as to provide full consideration
of the potential impacts of proposed development projects on surrounding uses and
land. It is the purpose of the development plan review process to provide a mechanism
to ensure that the individual components of the development process are integrated to
ensure a project meets not only the minimum regulatory requirements but also addresses
the design guidelines described later in this article.

Sec. 114-74. Pre-application.

Pre-application meetings are encouraged and may be held between the developer or their
representative(s) and city staff. The purpose of the meeting is to give staff a clear
understanding of what is being proposed and to determine if any conditions exist which
need to be resolved before the application can be accepted.

Sec. 114-75. Approval required.

Development plan approval is required prior to the issuance of any building permit for all
land uses subject to these regulations where any of the following exists:

A) A parcel of land proposed for a non-residential use.

B) A parcel of land proposed for multi-family apartment dwellings.
C) A parcel of land proposed for a manufactured home community.
D) A parcel of land containing a non-residential use, multi-family apartment dwellings
or building or a manufactured home community that is proposed to be expanded.
E) A parcel of land, which is to be developed utilizing a planned unit development
(PUD) district zoning classification.
F) A parcel of land located in the downtown overlay district (DOD).
G) A parcel of land containing an existing use being converted to a more intense use.
H) A parcel of land where, due to the unique characteristics of the land, surrounding
use(s), proposed use or other features of the development, the administrative
official determines it to be in the interest of the public health, safety or welfare
that such project be subject to the development plan review process.

Sec. 114-76. Review process.

Developments subject to development plan review shall be subject to the following

requirements:

CITY OF DOTHAN ZONING ORDINANCE | Page 53

A) Submission requirements. No request for development plan approval shall be
considered complete until all of the following has been submitted to the
administrative official:

(1) Application form. The application shall be submitted to the department on

a form provided by the department. The application shall be signed by the
property owner or accompanied by an affidavit stating that the applicant is
authorized to act on the owner’s behalf. Applications requiring planning
commission approval shall be submitted by the first business day of the
month preceding the desired hearing date.

(2) Map required. Each application shall be accompanied by the following:

a. Paper copies. Eight (8) copies of a development plan drawn by a

design professional such as an engineer, surveyor, or architect
licensed in the State of Alabama of the property proposed to be
developed. Preliminary drawings may be submitted by non-
professional designers for planning commission consideration.
However, construction plans submitted for permitting by an architect
or non-professional designer containing civil engineering design
shall be stamped by a registered civil engineer. Development plan
sheets shall be at a minimum scale of one inch equals fifty feet
(1”=50’), suitable to fit on a twenty-four inch by thirty-six inch (24”
X 36”) sheet. When more than one sheet is required, an index sheet
of the same size shall be included showing the entire parcel with
individual sheet numbers referenced thereon. The following
information is required on or in an acceptable form so as to
accompany the development plan:

1. Development plan (project) name.

2. North arrow, scale and date prepared.
3. Legal description (metes and bounds).
4. Location map (vicinity map) showing one-half (½) mile radius
from the site.
5. Zoning district of subject property, which is the subject of the
development plan and adjacent properties.
6. Identification of watercourses, floodplains, potential wetlands,
tree masses including protected trees as defined by Section
114- 237, Tree protection and landscaping.
7. Gross and net site area expressed in square feet and acres (if
larger than one (1).
8. Number of dwelling units proposed, if any.
9. Floor area devoted to each category of use.
10. Delineation in mapped form and computation of the area of the
site devoted to building coverage and other impervious

Page 54 | CITY OF DOTHAN ZONING ORDINANCE

 surfaces expressed in square feet and as a percentage of the
overall site.
11. Number of parking spaces required and proposed (stated in
relationship to the applicable formula).
12. Location of proposed driveways, parking areas, median
crossings and curb cuts for the site being developed on
property immediately adjacent and within two-hundred (200)
feet of the right-of-way or as otherwise determined by the
traffic engineer.
13. Ingress, egress and site circulation including location of
proposed connection to existing access roads and/or adjacent
parking lots as determined by the Traffic Engineer. The
Traffic Engineer, in his professional judgment, may require a
traffic impact study in accordance with Chapter 98, Article IX,
City of Dothan Code of Ordinances.
14. Location of proposed public and private easements for
utilities, ingress, egress and drainage within and adjacent to
the site.
15. The location, size and height of all existing and proposed
buildings on the site.
16. Locations of all refuse collection facilities, including screening
and access.
17. Provisions for proposed on-site storm water drainage and
detention related to the proposed development.
18. Existing and proposed utilities, including size and location of
all water lines, sewer lines, storm drain lines, gas mains, fire
hydrants, manholes, lift stations and other utility
appurtenances.
19. Existing two (2) foot contours or key spot elevations on the
site, and such off-site elevations as may be specifically
required and not otherwise available which may affect the
drainage of or stormwater retention/detention necessary for
the site.
20. The proposed general use and development of internal
spaces, including any recreation or open space areas, plazas
and major landscape areas, etc.
21. A note indicating the party responsible for maintenance of all
common elements and open space.
22. The location of all proposed earth or water retaining walls,
earth berms, and public and private sidewalks.
23. Phase lines, if development is to be constructed in phases.
24. Dimensions of lot lines, streets, drives, building lines, building
setbacks, building height, etc.
25. Landscape, buffer and tree removal plan that complies with
Article XIII, Landscaping and Buffers.

CITY OF DOTHAN ZONING ORDINANCE | Page 55

 26. The provision of a photometric plan submitted prior to release
of building permit indicating the luminance of all proposed
exterior lighting extending fifty (50) feet beyond the property
boundary when the project is adjacent to residentially zoned
or used property.
27. Typical building elevations with a description of proposed
materials to be used.

b. Digital copy. A digital copy of all paper maps, formatted as either

.PDF or .JPG.

B) Design guidelines for development plan review. It is the purpose of these design
guidelines to aid the design of a development plan and supplement the standard
requirements found in the zoning ordinance. This information is offered as help to
the designer to tailor the land planning process to the unique features of each
site. The following items should be given careful consideration in the preparation
of development plans required under this article.

(1) Plan and regulation requirements. Development plans shall be consistent

and in conformity with all applicable rules and regulations of the city and
the state, including but not limited to; city zoning and subdivision
regulations, ordinances, resolutions, policies and administrative directives
and applicable provisions of the laws for the State of Alabama. The city
long range development plan and its constituent elements should be
consulted for guidance on specific development policies.
(2) Environment and open space requirements. Development plans should
recognize significant existing environmental, historical, cultural and open
space features of the site and property immediately adjacent. City staff will
look at: topography, including elevation, slopes and impact on potential cut
and fill areas; the physical characteristics of “blue line” surface water
features as shown on USGS maps; vegetated areas on the site, including
stands of protected trees as defined by Article XIII, Landscaping and
Buffers. It is the objective of this guideline to assure that the project will
not significantly degrade the existing environmental features of the site in
a manner that is unnecessary to allow for the reasonable use of the
property.
(3) Traffic and parking requirements. Development plans should be designed to
provide for adequate traffic flow and control of traffic onto public
streets. Coordinate with public transportation modes where
applicable. Internal circulation patterns should enhance site
accessibility. Service access should be compatible with the adjacent public
street system and traffic management policies. Pedestrian and bicycle
facilities should be designed to maximize user safety. It is the objective of
this guideline to ensure adequate provision for vehicular and pedestrian
movement and safety within the site.

Page 56 | CITY OF DOTHAN ZONING ORDINANCE

 (4) Drainage and utilities requirements. Development plans should be designed
to provide for all necessary utility connection including, water supply,
sewage disposal, refuse collection and storm water detention. It is the
objective of this guideline to assure that adequate service capacity is
available and that utility and drainage systems are appropriately designed
for the proposed development site in relationship to the larger systems
entering and leaving the site.
(5) Neighborhood compatibility requirements. Development plans should be
designed to assure that the overall function of the proposed project is
compatible and harmonious with other properties in the immediate
area. Designers should pay particular attention to adjacent land uses,
building location, height and dimension, relationship of parking areas to the
building, pedestrian facilities, hours of operation, noise levels (outdoor
speakers, dumpster service, etc.), outdoor lighting, impact on views, buffer
treatment and integration of open space. It is the objective of this guideline
to encourage design treatments that reflect consideration of and between
adjoining developments and preclude any significant adverse impacts. It is
not the purpose of this provision to preclude development based upon
normal change or inconvenience which might ordinarily be expected to
result from the land development process.

C) Review and determination.

(1) Upon determination by the administrative official that an application

complies with all applicable submission requirements, he shall transmit a
copy of the proposal to the development review committee (DRC).
(2) Committee members shall review the development plan with specific regard
to the design guidelines contained in this article and make findings with
respect to the satisfactory application of the design guidelines, both
individually and in combination, to the subject plan.
(3) All development plans shall be reviewed by the DRC. The DRC shall review
to determine if development plans are in conformance with all applicable
regulations, standards and guidelines. Following review, a comprehensive
list of non-conforming items shall be compiled and transmitted to the
applicant. The applicant is responsible for resolving the items contained in
the list that results from DRC review; revised plans shall be submitted in
the same manner as the original submission.
(4) Minor developments. Any proposed development containing less than
fifteen-thousand (15,000) square feet gross floor area and is located on
property that does not have a common boundary with a residentially zoned
or used parcel, shall be considered a minor development. Common boundary
shall include a roadway not exceeding more than two (2) lanes. Plans for
minor developments that meet the requirements of this chapter, and for
which all comments have been resolved may be approved by the DRC

CITY OF DOTHAN ZONING ORDINANCE | Page 57

 without public hearing. Any submission may be referred to the planning
commission for public hearing.
(5) Major developments. Any non-residential development containing fifteen
thousand (15,000) square feet or more gross floor area and/or located on
property that has a common boundary, including across a roadway greater
than two (2) lanes with a residentially zoned or used parcel, shall be
considered major development. After the DRC review of the plans and
determines that all applicable requirements have been met, the plans shall
be presented to the planning commission for consideration at a public
hearing.
(6) The committee may, for the purpose of allowing the applicant an opportunity
to address unresolved issues, continue consideration of the development
plan. Under no circumstance shall any development plan be approved which
is inconsistent with any term contained in these regulations unless a
variance has been authorized in accordance with the provisions contained
in Article VI of this chapter.
(7) Following DRC or planning commission approval, the development plan shall
be stamped “approved”. Two (2) copies of the approved plan shall be
returned to the applicant, one of which shall be submitted with the building
permit package. No application for a building permit shall be accepted
without an approved development plan which comports to the DRC or
planning commission approval.

D) Fee required. A filing fee of $100.00 plus $10.00 per acre, not to exceed $250.00,
is required for development plan review and shall be paid at the time of the
application. This fee shall be nonrefundable, irrespective of the final disposition
of the application.

E) Notice required.

(1) Publication of legal notice. All major development plans require publication
of a legal notice. The administrative official shall cause the preparation of
the notice for submission to a newspaper of general circulation for
publication. Payment of the fee set out in Section 114-76(D) includes the
cost of publication but shall not be required of employees or agents of the
city submitting proposed plans in the course of their official duties.
(2) Posting notice. Public notice signs are required for properties that are the
subject of major development plan review by the planning commission.
Such posting shall be accomplished by the applicant as directed by the
Administrative Official. Tabled applications for major development plan
approval shall be required to post notice before being heard by the planning
commission.
(3) Written notice. Written notice to adjacent property owners is required for
all developments plans (minor or major). The applicant shall provide the
names and addresses of adjacent property owners on all sides and across

Page 58 | CITY OF DOTHAN ZONING ORDINANCE

 any street according to the official tax records of the appropriate County in
which the proposal is located. The city shall send notice of the proposed
development project to adjacent property owners via first-class mail. The
cost of said written notice shall be included in the initial application fee.
Tabled applications for major development plan approval shall be required
to pay for additional direct notice before being heard by the planning
commission.

F) Certification of plan. A development plan approved or approved conditionally by

the planning commission or DRC shall be the certified development plan. All
certified development plans are valid for one (1) year but may be extended with
planning commission approval.

G) Building permit. The applicant shall be responsible for obtaining a building permit
within one (1) year from the date of approval of a certified plan.

H) Amendment of a certified plan. The administrative official shall determine

whether a proposed plan amendment is a major or minor amendment (see definition
of minor plan amendment). The administrative official, at hisr discretion, may
forward any application for development plan amendment to the planning
commission, development review committee or to one or more individual
departments for review.

I) Accessory structures. Accessory structures not initially identified on the

development plan may be approved by the administrative official regardless of
development size.

Sec. 114-77. Consistency.

All building and construction permits issued for any project requiring development plan
review shall be consistent with the certified development plan. The approval and
certification of a development plan shall not under any circumstance be construed to
waive or otherwise diminish the applicable city requirements for construction or
installation of buildings and/or structures, materials or appurtenances. Whenever a
conflict between the development plan and such construction details occurs, the more
restrictive shall prevail.

Sec. 114-78. Integration of other review procedures.

Any development involving the following related provisions of these regulations shall be
coordinated as set forth below.

A) Planned unit development plans. Properties which are proposed to be developed

as a planned unit development (PUD, UPUD or UTND) shall submit a plan of the
entire proposed development to the DRC. Following approval by the DRC, the

CITY OF DOTHAN ZONING ORDINANCE | Page 59

 planning commission shall review the plan at public hearing. A revised
development plan, incorporating matters of concern to the planning commission
shall be prepared and submitted to the administrative official for certification.
B) Rezoning. Those developments requiring an action to rezone the property shall
have the rezoning approved by the planning commission prior to consideration of
a development plan.
C) Variances, special exceptions. Those developments requiring a variance from any
applicable regulation shall have the variance approved by the board of zoning
adjustment prior to consideration of a development plan.

Sec. 114-79. Noncompliance.

Failure to comply with a certified development plan or any of the conditions upon which
such approval was contingent, including time limits for performance, shall be cause to
deny issuance of a building permit or, where a permit has been issued pursuant to a
certified development plan, to render such building permit invalid. Any action,
construction, development or use of property undertaken in violation of the provisions of
this article shall constitute a violation of these zoning regulations and shall be subject to
remedies ascribed by this chapter.

Sec. 114-80. Appeal.

An applicant may appeal the recommendations of the DRC to the planning commission.
For any such appeal, the applicant shall submit a written statement identifying the
conditions appealed from and include any fees for public notice and posting requirements.

Sec. 114-81. Records.

The administrative official shall submit a monthly report to the planning commission
listing all development plans reviewed by the DRC and the action taken on each. A record
of actions taken for all development plans submitted shall be maintained by the
administrative official.

Sec. 114-82. Stacking uses.

With the exception of shared parking agreements filed in accordance with section 182
(G), sites proposed to contain multiple uses shall observe any development standards that
may apply as if each use were independent.

Secs. 114-83 to 114-92. Reserved.

Page 60 | CITY OF DOTHAN ZONING ORDINANCE

 Article VI. Board of Zoning Adjustment.

Sec. 114-93. Purpose.

The purpose of this article it to identify the duties, responsibilities, powers and
proceedings of the board of zoning adjustment as authorized under the State Code of
Alabama. This article is also intended to identify and clarify the processes associated
with making application to the board of zoning adjustment.

Sec. 114-94. Created; appointment; duties and responsibilities per State Code of Alabama.

A) The board of zoning adjustment, as heretofore provided for in Section 23-30 of

the 1977 Code of Ordinances is provided for as follows: pursuant to and under the
authority of the 1975 State Code of Alabama, § 11-52-80, and Alabama Act No.
97-673, a board of zoning adjustment is hereby created. The appointment,
procedure, powers and actions of the board shall be governed and controlled by
the above cited State Code of Alabama and Alabama Act No. 97-673.
B) The board of zoning adjustment shall, in appropriate cases and subject to
appropriate conditions and safeguards, make special exceptions to the terms of
the ordinance in harmony with its general purposes and interests and in accordance
with general or specific rules therein contained.
C) The board of zoning adjustment shall consist of seven (7) members, each to be
appointed for a term of three (3) years, except that in the first instance, four (4)
members shall be appointed for a term of three (3) years and three (3) members
for a term of two (2) years, and thereafter each member appointed shall serve for
a term of three (3) years or until a successor is duly appointed; provided all
members of the board, including any alternate member shall be bona fide residents
and qualified electors of the city; provided further, that the six (6) regular members
appointed by the commissioners shall represent equally the six (6) districts of the
city together with the at-large member appointed by the mayor.
D) In addition to the seven (7) regular members, two (2) supernumerary members
shall be appointed to serve on such board at the call of the chairman only in the
absence of regular members and while so serving shall have and exercise the
power and authority of regular members. Such supernumerary members shall be
appointed to serve for three (3) year terms and shall be eligible for reappointment.
Appointed members may be removable for cause by the appointing authority upon
written charges and after public hearing. Vacancies shall be filled for the unexpired
term of any member whose term becomes vacant.
E) In exercising the powers in subsection (d) of Code of Ala. 1975, § 11-52-80, the
board may reverse, affirm, or may modify the order, requirement, decision, or
determination appealed from and may enter the appropriate order, requirement,
decision or determination and, to that end, shall have all the powers of the officer
from whom the appeal is taken. The concurring vote of five (5) members of the
board shall be necessary to reverse any order, requirement, decision or
determination of an administrative official or to decide in favor of the applicant on

CITY OF DOTHAN ZONING ORDINANCE | Page 61

 a matter upon which the board is required to pass under any ordinance or to effect
any variation in the ordinance.
F) Applications for initial appeals, requests for a special exception or requests for a
variance shall be accompanied by cash or check made out to the City of Dothan in
the amount of $35.00. This application fee shall be nonrefundable.

Sec. 114-95. Proceedings per State Code of Alabama.

State of Alabama law on the proceedings of the board of zoning adjustment reads as
follows:

A) The board of zoning adjustment shall adopt rules necessary to the conduct of its
affairs, and in keeping with the provisions of this chapter. Meetings shall be held
at the call of the chairman and at such other times as the board may determine.
The chairman, or in their absence, the acting chairman, may administer oaths and
compel the attendance of witnesses. All meetings shall be open to the public.

B) The board of zoning adjustment shall keep minutes of its proceedings, showing the
vote of each member upon each question, or if absent or failing to vote indicating
such fact, and shall keep records of its examinations and other official actions, all
of which shall be a public record and be immediately filed in the office of the board.

Sec. 114-96. Powers and duties of the board per State Code of Alabama.

State of Alabama law on the powers and duties of the board of zoning adjustment reads
as follows:

A) To hear and decide appeals where it is alleged there is error in any order,
requirement, decision or determination made by an administrative official in the
enforcement of this article or of any ordinance adopted pursuant to this article;

B) To hear and decide special exceptions to the terms of the ordinance upon which
such board is required to pass under such ordinance; and

C) To authorize upon appeal in specific cases such variance from the terms of the
ordinance not be contrary to the public interest, where, owing to special conditions,
a literal enforcement of the provisions of the ordinance will result in unnecessary
hardship and so that the spirit of the ordinance shall be observed and substantial
justice done.

State of Alabama law references: Abatement of nuisances generally, Code of Ala. 1975,
§§ 11-47-117, 11-47-118.

Page 62 | CITY OF DOTHAN ZONING ORDINANCE

Sec. 114-97. Additional powers per State Code of Alabama.

Powers of the board of zoning adjustment as further defined in Code of Ala. 1975, § 11-
52-80 et seq., as amended, are adopted by reference in this section as if fully set forth.

Sec. 114-98. Special exception and/or variance.

A) Application required. To request a special exception and/or variance, an applicant

shall complete appropriate forms provided by the administrative official, along with
material required to ensure compliance with the review criteria below.
Applications shall be submitted fourteen (14) calendar days prior to the next board
of zoning adjustment hearing date. Refer to the board of zoning adjustment’s
bylaws for more specific information.

B) Fee required. Applications for special exception and/or variance requests shall be
accompanied by cash or check made out to the City of Dothan in the amount of
$35.00. This application fee shall be nonrefundable.

C) Notice required. For purposes of providing information concerning applications for

special exception and/or variance requests, the board shall also cause the
following notice to be given:
(1) Advertisement. The board shall give public notice of hearing upon each
application by publication in a newspaper of general circulation within the
City of Dothan; such notice shall be given seven (7) calendar days in
advance of the time set for the hearing. Such notice shall state the location
and address of the property and the general nature of the question involved.
The foregoing shall constitute legal notice in all respects as provided by
law. Provision of further notice by the board shall be informative but not
jurisdictional.
(2) Direct mail. Written notices shall be mailed by the secretary of the board
to the applicant and to the owners of abutting property and that directly
across the street from the applicant's site by first class mail. The names
and addresses of these property owners shall be furnished by the applicant
with their application to the board and shall be those contained in the
records of the appropriate county tax assessor's office. Written notice shall
be given at least ten (10) calendar days in advance of the hearing and shall
contain the time and place of the hearing.

D) Action by board of zoning adjustment. The board of zoning adjustment shall hold a
public hearing on the special exception and/or variance request, and, at the close
of the public hearing act to approve, approve with conditions, continue, table or
deny the application based on the review criteria established in this article.

CITY OF DOTHAN ZONING ORDINANCE | Page 63

Sec. 114-99. Variances, additional requirements.

A) Review criteria. A variance may be granted by the board of zoning adjustment

upon an affirmative finding that all of the following conditions exist:

(1) The requested variance arises from conditions that are unique to the subject
property, that are not ordinarily found in the same zoning district and that
are not a result of the owner's intentional action;
(2) The granting of the permit for the variance will not adversely affect the
rights of adjacent property owners or residents;
(3) The strict application of the applicable standards will constitute an
unnecessary physical hardship (not economic hardship) or practical
difficulty because the property cannot be used for an otherwise allowed use
without coming into conflict with applicable site development standards.
(4) The variance is the minimum action necessary to alleviate the hardship or
practical difficulty and observes the spirit of this chapter; and
(5) The variance desired will not adversely affect the public health, safety or
general welfare or impair the purposes or intent of this chapter or the long
range development plan.

B) Findings of fact. Before the board of zoning adjustment shall grant a variance it
shall make the following three (3) findings of fact which shall be recorded in the
permanent record of the case, and shall include the factual reasons on which they
are based:

(1) That there are practical difficulties or unnecessary hardships in the way of
carrying out the strict letter of this chapter. In order to determine that there
are practical difficulties or unnecessary hardships, the board must find that
the following five (5) conditions exist:
a. If the provisions of this chapter are complied with, a variance will only
be granted if the applicant can secure no reasonable return from, nor
make reasonable use of, the property. Merely proving that the variance
would permit a greater profit to be made from the property will not be
considered adequate to justify the granting of a variance. Moreover, the
board of zoning adjustment shall consider whether the variance is the
minimum possible deviation from the terms of this chapter that will make
possible the reasonable use of the property.
b. That the hardship results from the application of this chapter to the
property rather than from other factors such as deed restrictions,
personal actions, personal circumstances or other hardship.
c. That the hardship is due to the physical nature of the applicant's
property, such as its size, shape, or topography, which is different from
that of neighboring property.
d. That the hardship is not the result of the actions of an applicant who
knowingly or unknowingly violates this chapter, or who purchases the

Page 64 | CITY OF DOTHAN ZONING ORDINANCE

 property after the effective date of this chapter and then comes to the
board for relief.
e. That the hardship is peculiar to the applicant's property, rather than the
result of conditions that are widespread or common to adjoining owners
or the general public. If the properties were equally subject to the
hardship created in the restriction, then granting a variance would be a
special privilege denied to others, and would not promote equal justice.
(2) The variance is in harmony with the general purpose and intent of this
chapter and preserves its spirit.
(3) In the granting of the variance, the public safety and welfare have been
assured and substantial justice has been done. The board shall not grant a
variance if it finds that doing so would in any respect impair the public
health, safety, or general welfare.

C) In granting the variance, the board may attach thereto such conditions regarding
the location, character, and other features of the proposed building and/or
structure as it may deem advisable in furtherance of the purpose of this chapter.
If a variance for the construction or alteration is granted, such construction or
alteration shall be in accordance with the approved site plan.

(1) A variance, issued in accordance with this article, shall expire if a building
permit, business license, etc. has not been obtained by the applicant within
six (6) months from the date of the decision.
(2) The board of zoning adjustment shall keep a record of all projects for which
it grants a variance.
(3) If the application calls for the granting of a variance, and if the board of
zoning adjustment decides in favor of granting the variance, the secretary
to the board shall prepare a record of the hearing with all deliberations. The
record of the hearing shall include:

a. The variance application;

b. Copy of hearing notices;
c. Copy of evidence presented;
d. Motions, offers of proof, objections to evidence, and rulings on them;
e. Proposed findings of fact with exceptions; and
f. Copy of meeting minutes, including all conditions proposed to be
added to the permit.

D) Prohibited. The board of zoning adjustment may not grant use variances, which
are variances that have the effect of allowing a use within a specific zoning district
that is not allowed by Article VII of this chapter. The appropriate procedure for
requesting any land use not allowed within a zoning district is rezoning.

CITY OF DOTHAN ZONING ORDINANCE | Page 65

Sec. 114-100. Appeals of administrative officer's decision.

A) Applicability. Appeals to the board of zoning adjustment may be taken by any

person aggrieved or affected by any zoning-related decision of the administrative
officer. The administrative official shall present all of the papers constituting the
record upon which the action appealed was taken to the board of zoning
adjustment.
B) Effect of appeal. An appeal shall “stay” all proceedings in furtherance of the action
related to the decision which is being appealed. However, after the notice of
appeal, the administrative official certifies to the board of zoning adjustment, that
by reason of facts stated in the certificate, a stay would, cause imminent peril to
life or property. In such case, proceedings shall not be stayed other than by a
restraining order, which may be granted by the board of zoning adjustment or by
a court record on application and notice to the administrative official and on the
cause shown.
C) Procedure.
(1) Written request. No application is required to appeal a decision of the
administrative official, but the appellant shall provide a letter to the board
of zoning adjustment, describing the decision from which the appeal is
sought and the specific details of appellant’s request. Letters of appeal
shall be submitted fourteen (14) calendar days prior to the next board of
zoning adjustment hearing date. Refer to the board of zoning adjustment’s
bylaws for more specific information.
(2) Time. Appeals to the administrative official’s decision shall be submitted
within thirty (30) calendar days of the decision.
(3) Fee. Action on an appeal shall constitute a formal request to the board
which shall require public notice and shall be accompanied by cash or check
made out to the City of Dothan in the amount of $35.00 or as otherwise
approved by the board of commissioners. This fee shall be nonrefundable.
(4) Notice. For purposes of providing information concerning such applications,
the board shall also cause the following notice to be given:

a. Advertisement. The board shall give public notice of hearing upon each
appeal by publication in a newspaper of general circulation within the
City of Dothan; such notice shall be given seven (7) calendar days in
advance of the time set for the hearing. Such notice shall state the
location and address of the property and the general nature of the
question involved. The foregoing shall constitute legal notice in all
respects as provided by law. Provision of further notice by the board
shall be informative but not jurisdictional.
b. Written notice. Written notices shall be mailed by the secretary of the
board to the applicant and to the owners of abutting property and
directly across the street from the applicant's site by first class mail.
The names and addresses of these property owners shall be furnished
by the applicant with their notice of appeal to the board and shall be

Page 66 | CITY OF DOTHAN ZONING ORDINANCE

 those contained in the records of the appropriate county tax assessor's
office. Written notice shall be given at least ten (10) calendar days in
advance of the hearing and shall contain the time and place of the
hearing.

D) Review and action by board of adjustment. The board of zoning adjustment shall
hold a public hearing on the appeal request, and, at the close of the public hearing
act on the appeal based on the review criteria established in this article.

(1) In exercising the appeal power, the board of zoning adjustment shall have
all the powers of the official from whom the appeal is taken, and the board
of zoning adjustment may reverse or affirm wholly or partly or may modify
the decision being appealed.
(2) If the board of zoning adjustment determines that it is necessary to obtain
additional evidence in order to resolve the matter, it shall remand the appeal
to the official from whom the appeal is taken, with directions to obtain such
evidence and to reconsider the decision in light of such evidence.
(3) A concurring vote of five (5) of the members of the board of zoning
adjustment shall be necessary to reverse any order, requirement, decision,
or determination of an administrative official.
(4) Every decision of the board of zoning adjustment shall be accompanied by
written findings of fact specifying the reason for the decision. These
findings shall be filed in the office of the board of zoning adjustment within
ten (10) calendar days after the final action.

Sec. 114-101. Home occupations, specific requirements.

A home occupation is intended to be a use conducted in a residential property, with

operations occurring entirely within a dwelling and carried out solely by the inhabitant
thereof and which is clearly incidental and secondary to the use of the building and/or
structure for dwelling purposes. Because the city recognizes that certain home
occupations have greater land use impacts than others, this section is designed to
establish two (2) types of home occupations. It shall be the applicant’s responsibility to
clearly explain the scope of the business to ensure the proper regulations are
administered.

A) Qualifying home occupations are home based businesses that have no outward
appearance of business activity, including business identification signage.
Examples of qualifying home occupations include (but are not limited to) the
following: business office for an otherwise licensed business activity, internet
based business, consulting service, etc. No public hearing is required for
qualifying home occupation applications, and the administrative official has
authority to approve qualifying home occupation applications. Applicants for
qualifying home occupations must sign an “Affidavit of Compliance.” The affidavit
outlines the minimum requirements listed below. These minimum requirements

CITY OF DOTHAN ZONING ORDINANCE | Page 67

 shall be conditions of approval and must be observed by the applicant. The affidavit
shall be signed in the presence of the administrative official (or appointee). Any
applicant who refuses to sign the affidavit or is unable to comply with the minimum
requirements will be required to apply for a non-qualifying home application. The
applicant will not become eligible for the issuance of a privilege license until the
affidavit has been approved by the administrative official.

(1) The privilege license is valid only for this home occupation, this operator
at this location;
(2) This home occupation approval is void if the Privilege License is not
obtained within ninety (90) days of approval or if the license is allowed to
lapse;
(3) The business operator obtain a 5 lbs. ABC type fire extinguisher (Area
covered by fire extinguisher will have 2A3A-30BC designation per National
Fire Code-10.);
(4) Any work conducted in the home (e.g. bookkeeping, etc.) is confined to the
principal building and/or structure;
(5) No more than twenty-five percent (25%) of the home is used for the
business;
(6) Only residents of the home will engage in business activity at the home;
(7) There are no customers at the home;
(8) Accessory buildings and/or structures may not be used for home
occupations;
(9) Any business-related equipment or materials are kept inside the home;
(10) No employees or employee vehicles are allowed at the home;
(11) No business-related vehicles are parked at the home;
(12) If business-related materials or equipment are delivered to the home, there
will be no more than two (2) deliveries per week and the delivery vehicle
shall have no more than a single axle with six (6) wheels;
(13) There are no signs or advertisements on the property, including on the
mailbox;
(14) The business operator is responsible for observing any private covenants
which may impact the home occupation;
(15) Any other restriction as may be considered appropriate by the
administrative official or the board of zoning adjustment; and
(16) Violation of any of the aforementioned conditions could result in revocation
of the approval.

B) Non-qualifying home occupations are home based businesses that exhibit any
outward (visible) signs of business activity, including (but not limited to) the
following: lawn care business, contractor, home maintenance business, etc. Non-
qualifying home occupations shall be considered special exceptions and shall be
subject to board of zoning adjustment approval as outlined in this article. Unless
expressly omitted by the board of zoning adjustment, the restrictions listed below
shall be considered conditions of approval. However, the board of zoning

Page 68 | CITY OF DOTHAN ZONING ORDINANCE

adjustment may add additional conditions of approval should conditions warrant. It
shall be the applicant’s responsibility to clearly explain the scope of the business
to ensure the proper restrictions are approved and/or omitted by the board of
zoning adjustment.

(1) The special exception is valid only for the applicant, this home occupation
and this location;
(2) The special exception is void if a Privilege License, issued by the City of
Dothan, is not obtained within ninety (90) days of approval and subsequently
if the license is allowed to lapse;
(3) The applicant shall obtain a 5 lbs. ABC type fire extinguisher (Area covered
by fire extinguisher will have 2A3A-30BC designation per National Fire
Code-10.);
(4) No more than twenty-five percent (25%) of the home shall be used for the
business;
(5) There shall be no noise, odors or vibrations associated with the business;
(6) No employees or employee vehicles are allowed at the home;
(7) Only residents of the home are authorized to engage in business activity at
the home;
(8) There shall be no customers at the home;
(9) All work-related activities must be conducted inside the home;
(10) No accessory building shall be used in conjunction with the business;
(11) The applicant is allowed to have one (1) business-related vehicle parked
on the property, but it shall be no larger than a pickup truck or passenger
van;
(12) No business-related vehicle may be parked in the street;
(13) Lawn care equipment and/or any trailer used to transport the equipment are
shielded from the view of the street and adjacent properties;
(14) No business-related equipment or materials shall be visible from the road
or from adjoining properties and shall be stored inside either the single
vehicle or inside the home;
(15) Used and/or left over materials shall not be taken to the property.
(16) If business-related materials or equipment are delivered to the home, there
shall be no more than two (2) deliveries per week, and the delivery vehicle
shall have no more than a single axle with six (6) wheels;
(17) There shall be no signs or advertisements at the home, including on the
mailbox;
(18) Applicant is responsible for observing any private covenants which may
impact the proposed home occupation;
(19) Any other restriction as may be considered appropriate by the
administrative official or the board of zoning adjustment; and
(20) Violation of any of the aforementioned conditions could result in revocation
of the approval.

CITY OF DOTHAN ZONING ORDINANCE | Page 69

Sec. 114-102. Letter of de minimis.

Violations of these regulations requiring a variance of ten percent (10%) or less of the
dimensional regulations of the district may be issued upon request by a “letter of de
minimis” from the administrative official. Letters of de minimis are not variances and do
not legitimize any encroachment that may exist. A letter of de minimis may not be
requested for encroachments exceeding twelve (12) inches. Any alteration of the
premises that results in an increase in the extent of the violation and any subsequent or
additional and separate violation shall void this letter of de minimis and shall be subject
to appropriate action.

Sec. 114-103. Appeal from board of zoning adjustment determination.

Refer to the State Code of Ala. 11-52-81, which states: “Any party aggrieved by any
final judgment or decision of such board of zoning adjustment may within fifteen (15)
calendar days thereafter appeal therefrom to the circuit court by filing with such board a
written notice of appeal specifying the judgment or decision from which the appeal is
taken. In case of such appeal such board shall cause a transcript of the proceedings in
the action to be certified to the court to which the appeal is taken, and the action in such
court shall be tried de novo.”

(Acts 1935, No. 533, p. 1121; Code 1940, T. 37, §783.)

Secs. 114-104 to 114-114. Reserved.

(The remainder of this page has been left blank intentionally.)

Page 70 | CITY OF DOTHAN ZONING ORDINANCE

 Article VII. Classification and Establishment of Uses.

Sec. 114-115. Purpose.

The City of Dothan, Alabama is hereby divided into zoning districts as established by this
article. The purpose of this article is to achieve compatibility among land uses within the
various districts, to implement the city’s official zoning map, and to serve the citizens of
Dothan by providing for the implementation and administration of the regulations of this
code.

Sec. 114-116. Establishment of zoning districts.

For the purpose of this zoning ordinance, all land and water areas within the jurisdiction
of the City of Dothan are hereby divided into zoning districts, which shall be designated
as follows:

Agriculture-Conservation District A-C

Residential Districts
Residential Single-Family, Low Density R-1
Residential Single-Family, Medium Density R-2
Residential Single-Family, High Density R-3
Residential, Attached, High Density (2-7 units) R-4
Residential, Multi-family, High Density (8+ R-A
units)
Manufactured Home Community ark MH-1
Mobile Home Subdivision MH-2
Office and Institutional Districts
Office/Institutional O&I
Office Park O-2
Neighborhood Office O-3
Business Districts
Central Business B-1
Highway Commercial B-2
Local Shopping B-3
Manufacturing/Industrial Districts
Light Industry L-I
Heavy Industry H-I
Special Districts
Planned Unit Development PUD
Downtown Overlay District (with subdistricts) DOD
Manufactured Home Community MHC

CITY OF DOTHAN ZONING ORDINANCE | Page 71

Sec. 114-117. Statement of purpose and intent of zoning districts.

The following is intended to specify the purpose and intent of the zoning districts
established by this article. Illustrations are provided to assist reader understanding of
the concept.

A) Agricultural-Conservation (A-C) District. Regulations for the agricultural

district are intended to provide for development on land situated in urban areas
that is intended primarily for agricultural uses. Very low density residential
uses are also permitted. District dimensional regulations require a minimum of
one (1) acre lots for site-built, stand-alone residential uses in this district.
Structures not built in a subdivision must comply with the dimensional
requirements outlined in the Table of District Dimensional Regulations (Article
VIII, Section 114-132). However, if located in an approved subdivision, lot
sizes shall be a minimum of fifteen-thousand (15,000) square feet and shall
comply with R-1 district dimensional regulations other than lot size.

The types and intensity of uses and required areas permitted in this district are
designed for both rural character and very low density residential development.
In certain cases, agricultural activities, which may not be considered as
compatible uses when adjacent to residential uses, are permitted as a “use by-
right” in this district. It is not the intention of this ordinance to restrict
agricultural activities because of residential uses in the immediate area.

Page 72 | CITY OF DOTHAN ZONING ORDINANCE

B) Residential districts. Regulations for residential districts are designed to protect
the residential character of areas so designated from the noise, congestion, and
heavy traffic that is typically associated with commercial, industrial and other non-
residential activities. These regulations are also designed to encourage a suitable
environment for family life by providing for open space and associated yet
compatible neighborhood facilities. Permitted uses are designed to stabilize and
protect the essential characteristics of each district and permit certain home
occupations as set forth in this chapter.

(1) R-1, Residential single-family, low density. This district is intended to

provide for low density urban residential development, which is designed to
provide quiet, low density areas for single-family living with related
recreational facilities protected from intrusion of non-residential activity.
Lot sizes in R-1 districts are twelve-thousand (12,000) square feet or
greater.

CITY OF DOTHAN ZONING ORDINANCE | Page 73

 (2) R-2, Residential single-
family, medium density.
This district is intended to
provide for medium density
urban residential
development, containing
single-family dwellings
along with related
recreational facilities
protected from intrusion of
commercial and industrial
activity. Lots sizes in R-2
districts range from eight-
thousand-four-hundred
(8,400) square feet to
eleven-thousand-nine-
hundred-ninety-nine
(11,999) square feet.

(3) R-3, Residential single-

family, high density. This
district is intended to
provide for high density
urban residential
development, containing
single-family dwellings
along with related
recreational facilities
protected from intrusion of
non-residential activity.
Lots sizes in R-3 districts
range from four-thousand
(4,000) square feet to
eight-thousand-three-
hundred-ninety-nine
(8,399) square feet.

Page 74 | CITY OF DOTHAN ZONING ORDINANCE

(4) R-4, Residential, attached multi-family, 2-7 dwelling units, high density.
This district is intended to
provide for high density urban
residential development,
containing at least two (2)
attached dwelling units but not
more than seven (7) attached
dwelling units, along with
related recreational facilities
protected from the intrusion of
non-residential activity. Single-
family dwellings are permitted
in R-4 districts utilizing R-3
dimensional regulations as part
of the overall mix of housing
uses but not independently. Lot
sizes in R-4 districts range from
four-thousand-eight-hundred
(4,800) square feet to sixteen-
thousand-eight-hundred
(16,800) square feet, but lots
can be larger if so desired. The
chart below illustrates the
minimum and maximum number
of dwelling units as well as the R-4 Density Table
minimum lot area for
developments in R-4 district. # of
Min. lot area
When approved by the building DU's
official and the planning Min # DU's 2 4,800 sf
commission, zero lot lines are
permitted along common walls of 3 7,200 sf
attached dwelling units.
However, a minimum separation 4 9,600 sf
is required between all
5 12,000 sf
unattached buildings and/or
structures; see the Table of 6 14,400 sf
District Dimensional Regulations
for standards. This definition is Max # DU's 7 16,800 sf
intended to include townhouses
as modified by this chapter.

CITY OF DOTHAN ZONING ORDINANCE | Page 75

 (5) R-A, Residential, apartments, 8+ dwelling units, high density.
This district is intended to provide for high density multi-family urban
residential development, as illustrated in the following table, with related
recreational facilities protected from intrusion of non-residential activity.
The minimum number of
dwelling units in R-A R-A Density Table
districts is eight (8); there is
no maximum number of # of DU's Min lot area (in sf/lot)
dwelling units. Single-family 8 29,200
dwellings existing at the 9 31,200
time of adoption of this
10 33,200
ordinance are permitted
uses. New single-family 11 35,200
dwelling units are not 12 37,200
permitted in R-A districts. 13 39,200
Minimum lot size in R-A
14 41,200
districts is twenty nine-
thousand two-hundred 15 43,200
(29,200) square feet. This 16 45,200
number is based on the add'l per DU 2,000
methodology of requiring
seven thousand two-
hundred (7,200) square feet for the first unit plus four thousand (4,000)
square feet for the next four units and two thousand (2,000) square feet for
each additional unit. Larger lots are permitted if so desired. As the Table
of District Dimensional Regulations illustrates, zero lot lines are permitted
along common walls, when approved by the building official and the planning
commission. Setbacks are required between buildings; see the Table of
District Dimensional Regulations (Article VIII, Section 114-132) for
standards. Permitted uses are designed to stabilize and protect the
essential characteristics of the area and permit certain home occupations
as set forth in this chapter.

Page 76 | CITY OF DOTHAN ZONING ORDINANCE

 (7) MH-1, Manufactured home community. This district is intended to provide
for lower cost housing units in
a medium density urban
residential development,
which is designed for
individual manufactured
homes, located in an approved
mobile home park and
additional areas where similar
residential development will
be a viable land use, with
related recreational areas
protected from intrusion of
non-residential activity. The
minimum size of the tract of
land for the park shall be three
(3) acres. Sites may contain
buildings and/or structures
owned by the property owner
or by tenants. Permitted uses
are designed to stabilize and
protect the essential
characteristics of the area and permit certain home occupations as set forth
in this code. Development and/or redevelopment of these areas are subject
to the development plan regulations and review by the planning commission.
See Article X, Section 158 for specific standards.

(8) MH-2, Manufactured home subdivisions. This district is intended to provide

for urban residential development, which is designed for medium residential
density for manufactured homes, located in an approved subdivision and
areas where similar residential development will be a viable land use, with
related recreational areas protected from intrusion of non-residential
activity. This district is further intended to provide lower cost housing units
for residents desiring to live in an urban subdivision with permanent
manufactured housing units. Lot sizes shall be a minimum of five-thousand
(5,000) square feet and shall meet the minimum dimensional regulations as
required by this chapter. Permitted uses are designed to stabilize and
protect the essential characteristics of the area and permit certain home
occupations as set forth in this code. Development and/or redevelopment
of these areas are subject to the development plan regulations and review
by the planning commission.

C) Office districts. Regulations for office districts are intended to provide areas for
business offices and professional offices as well as related activities. These

CITY OF DOTHAN ZONING ORDINANCE | Page 77

 districts are also designed to meet the community’s needs for professional
services and related activities.

(1) O & I, Office/institutional. This district is intended to provide areas for

business and professional offices as well as more intensive office uses such
as public buildings, banks, pharmacies (when adjunct to medical facilities),
and television and radio station offices (without towers or aerials). It is
further intended to provide appropriate land use regulations for major public
and private nonprofit institutions serving the public, such as universities,
colleges, public schools, hospitals, parks, fairgrounds, and large state,
federal and municipal facilities. Since these institutions operate in the public
interest and are generally inoffensive in character, this chapter places
principal reliance upon the voluntary cooperation of institutional authorities
with municipal officials rather than upon detailed land use regulations. It is
intended that the conversion of excess institutional land to non-institutional
purposes should be preceded by cooperative planning between the planning
and development department and the planning commission and should take
place under appropriate controls to ensure that the future use of the excess
land conforms to the long range development plan. Development and/or
redevelopment of these areas are subject to the development plan
regulations and review by the planning commission.

(2) O-2, Office park. This district is intended to provide areas for groups of
offices for uses such as offices for business and professional services,
public buildings, banks, pharmacies (when adjunct to medical facilities), and
television and radio station offices (without towers or aerials.)
Development and/or redevelopment of these areas are subject to the
development plan regulations and review by the planning commission.

(3) O-3, Neighborhood office. This district is intended to serve as a transitional

district between residential districts and/or uses and more intensive non-
residential activities. This district is further intended to avoid traffic onto
residential streets or become an intrusion into a residential district.
Development and/or redevelopment of these areas are subject to the
development plan regulations and review by the planning commission.

D) Business (commercial) districts. Regulations for the business districts are designed
to encourage stable and efficient commercial areas to meet the needs of various
trade areas for commercial goods and services. The regulations are also designed
to minimize the adverse effects of commercial uses on other land uses and provide
opportunities for investment.

(1) B-1, Central business district (CBD). The CBD is intended for personal and
business services and general retail trade of the core business center of
the community. It is designed to accommodate a wide variety of commercial

Page 78 | CITY OF DOTHAN ZONING ORDINANCE

 uses in the traditional downtown business area and related areas of mixed
commercial enterprises. It is designed to maintain, support and facilitate
compatible redevelopment of existing and new uses with the core area.
Residential uses may be appropriate above the ground floor of commercial
or other uses within the CBD district. Development or redevelopment of
the CBD is subject to all regulations as established in Article V,
Development Plans, and is also subject to regulations and design guidelines
as established for the Downtown Overlay District.

(2) B-2, Highway commercial. The B-2 district is intended for major retail and
service activities removed from the CBD, with major thoroughfare access
and with adequate open space and parking. Landscaping and aesthetic
considerations are important to this area with regional significance. The
district is intended to serve residents, non-residents and transient traffic
using major thoroughfares that run through and around the city.
Development or redevelopment of these areas is subject to all regulations
as established in Article V, Development Plans, and is also subject to
regulations and design guidelines as established for the Downtown Overlay
District.

(3) B-3, Local shopping. The B-3 district is intended to serve as a transitional
district between commercial districts and residential districts. It is designed
for local retail and personal services of limited size and service that provide
for the regular needs and convenience of those residing in the adjacent
residential neighborhoods. These are generally small in area and contain
businesses that deal in “convenience goods” such as groceries, prescription
drugs, and household supplies, and the furnishing of personal services. It
is intended that local shopping uses be developed as a unit with adequate
off-street parking for customers and employees and with appropriate
landscaping and screening. Development or redevelopment of these areas
is subject to all regulations as established in Article V, Development Plans.

E) Manufacturing (industrial) districts. Regulations for the manufacturing districts are

designed to make available a range of suitable sites for all types of manufacturing
and related activities while protecting residential areas by separating them from
manufacturing activities and prohibiting the use of industrial space for new
residential development. Industrial parks may be either light or heavy industrial
in nature, and therefore shall be permitted in either district.

(1) L-I, Light industry. The L-I district is designed to provide a location for
industries that do not, by their nature, create any public nuisance. It is
intended to preserve land for industry in a location beneficial to industries.
Single-family residential uses are prohibited. Due to the traffic generated
and other potentially objectionable influences created by the nature of the
L-I district, special buffer and/or setback considerations may be required.

CITY OF DOTHAN ZONING ORDINANCE | Page 79

 The environmentally protective nature of this district is designed to limit
uses to those that produce a minimum of gaseous emissions, noise and
objectionable external effects. Development or redevelopment of these
areas is subject to all regulations as established in Article V, Development
Plans, and is also subject to regulations and design guidelines as established
for the Downtown Overlay District.

(2) H-I, Heavy industry. The H-I district is intended to provide for the
competitive location for manufacturing and related industries that may, by
nature, create nuisances. The intent is to preserve land for such industry
in locations with access to major streets as designed on the thoroughfare
plan, as well as locations generally accessible to railroad transportation and
to prohibit residential uses. Due to the objectionable impacts that may be
created in this district, special buffer requirements and/or setback areas
will be required. Development or redevelopment of these areas is subject
to all regulations as established in Article V, Development Plans, and is also
subject to regulations and design guidelines as established for the
Downtown Overlay District.

F) Special districts. Regulations for special districts are intended to be applied to an

area that is rezoned to include a special district. Special districts generally require
further development standards within a zoning district. Development in a special
district must conform to the base district as well as the overlay zoning
requirements.

(1) Planned unit development (PUD). The PUD district is established to allow
for the planned and unified development of a tract of land that is three (3)
acres of land or larger. Said land shall be described by ordinance and
rezoned as required by this chapter. Areas zoned PUD shall allow for design
flexibility of development as the PUD district is intended to encourage
efficient use of the land and public services and to promote high quality
design that will provide a variant of dwelling types as well as support
services and open space for residents of the development. These
regulations are intended to permit integration with adjacent non-residential
uses and to promote compatibility with existing and emerging patterns of
development. Development and/or redevelopment of these areas are
subject to the development plan regulations and review by the planning
commission. Rezoning’s to PUD are subject to all regulations established
in Article IV, Amendment and Rezoning Procedure.

(2) Downtown overlay district (DOD). The purpose of the DOD is to foster a
strong viable downtown as a commercial, civic, residential, and cultural art
center with its own unique identity and to provide a mechanism to establish
special land use regulations, standards, or procedures in a defined area with

Page 80 | CITY OF DOTHAN ZONING ORDINANCE

 unique land use, site planning, building design, or environmental resource
issues. Specifically:
a. Implement the city’s Downtown Master Plan to achieve specific land
use and design objectives.
b. Accommodate mixed-use buildings and parcels with neighborhood-
serving retail, service and other uses on the ground floor and
residential units above the non-residential space.
c. Encourage rehabilitation and re-use of existing historic buildings.
d. Promote new infill residential and non-residential development in a
planned format.
e. Encourage development that exhibits the physical design
characteristics that promotes pedestrian oriented storefront-style
shopping, and
f. Promotes the health and well-being of residents by encouraging
physical activity, alternative transportation modes and greater social
interaction.
Development or redevelopment of these areas is subject to all regulations
as established in Article V, Development Plans, and is also subject to
regulations and design guidelines as established for the Downtown Overlay
District. The DOD is divided into three (3) subdistricts as described in
Article X, Special Districts, Section 114-157. Land uses for properties in
the DOD must comply with the Table of Permitted Uses in Article X.

(3) Manufactured Home Community District (MHC). The purpose of these

regulations is to provide supplemental standards and procedures
specifically relevant to the development of a manufactured home community
in a MH-1 district. The standards contained in this section allow the
development of this housing type while providing adequate public facilities
and support services, protection of natural resources; provision of parks
and open space, establishes spacing of structures for purposes of privacy
and fire protection, provides adequate off-street parking and allows for safe
and effective traffic circulation.

Sec. 114-118. District boundaries.

A) The boundaries of the districts listed in Section 114-116 are established as shown
on the official zoning map of the city, as described in Section 114-1 of this chapter.
Unless otherwise shown on the zoning map, the boundaries of districts are lot
lines, the centerlines of streets or alleys or such lines extended, the centerlines
of bodies of water or such lines extended, railroad right-of-way lines, or the
corporate limit lines as they existed at the time of enactment of the ordinance from
which this chapter is derived. Questions concerning the exact location of district

CITY OF DOTHAN ZONING ORDINANCE | Page 81

 boundary lines shall be decided by the administrative official. Appeals to boundary
determination decisions shall be forwarded to the board of zoning adjustment as
provided in this chapter.

B) If a drafting error is made in the location of a district boundary line of the official
zoning map of the city, as adopted in Section 114-1, the administrative official
shall research the origin of the error and make necessary corrections. Requests
for interpretation or appeal of the administrative official’s interpretation shall be
heard by the board of zoning adjustment at a public hearing and shall follow the
same administrative process as other appeals to the board. After a public hearing,
the board of zoning adjustment is authorized to direct the correction of the error
in order to show the correct location of the district boundary line as established
by the ordinance in question. Any corrections to previously adopted zoning maps
shall be made in accordance with procedures established prior to adoption of this
chapter.

Secs. 114-119 to 114-129. Reserved.

(The remainder of this page has been left blank intentionally.)

Page 82 | CITY OF DOTHAN ZONING ORDINANCE

 Article VIII. District Regulations.
Sec. 114-130. Land uses.

Permitted uses. Land uses that are allowed “by-right” in each zoning district will be
identified as permitted by the letter “P” in the Table of Permitted Uses. Said uses shall
be permitted when an applicant or representative makes application to, and obtains an
official signature of, the administrative official.

A) Special exceptions. Land uses that are specified as "special exceptions" in each
zoning district will be identified as such by the letter “S” in the Table of Permitted
Uses. Said uses are exceptions, and no permit shall be issued for such uses except
those with the written approval of the board of zoning adjustment and subject to
such conditions as the board may require to preserve and protect the character of
the district in which the use is located. The process for making application for a
special exception is outlined in Article VI of this chapter.

B) Prohibited uses. If a land use is listed in the Table of Permitted Uses but is not
either a permitted use or a special exception, then the land use is prohibited. Land
use variances are prohibited under the terms of this chapter. When an applicant
desires to pursue a prohibited land use, then the applicant would be required to
request rezoning of the subject property. The process for making application for
rezoning is outlined in Article IV of this chapter.

C) Unlisted uses. If a land use is not listed in the Table of Permitted Uses, the
administrative official shall be authorized to make an interpretation about whether
or not the land use should be allowed by-right or as a special exception, based on
land uses that are in the Table of Permitted Uses that have similar land use
impacts. If the administrative official is unable to make a determination then the
land use shall be prohibited in that district. The administrative official shall provide
a letter to the applicant regarding land use interpretation decisions and maintain
an official written file of all such interpretation decisions.

Sec. 114-131 – Tables of permitted uses

CITY OF DOTHAN ZONING ORDINANCE | Page 83

 Section 114-131.1 - TABLE OF PERMITTED ACCESSORY AND AGRICULTURAL USES

Residential Districts Non-Residential District

Legend Multi-Family Manufactured Manufacturing
Single-Family Districts Business Districts Office/Institutional Districts
P = Permitted Districts Home Districts Districts
S = Special Exception Blank =
Not Permitted AC R-1 R-2 R-3 R-4 R-A MH-1 MH-2 B-1 B-2 B-3 O-I O-2 O-3 L-I H-I
Accessory Uses/Structures
Accessory Dwelling Unit (For Family Member) S S S S
Accessory Dwelling Unit for Owner/Operator P P P S S S S S S S S
Accessory Structures (Sheds, Garages, etc.) P P P P P P P P P P P P P P P P
Accessory Non-residential Use P P P P P P P P
Amenity Center/Clubhouse P P P P P P P P P P P S
Billboards S P P P
Private Cemetery (accessory to a church) S S S S S S S S S S S S S S S
Daycare, Child/Adult (In-Home less than 6) S S S S S S S S
Fences, Walls P P P P P P P P P P P P P P P P
Home Occupation, Non-qualifying S S S S S S S S S
Home Occupation, Qualifying P P P P P P P P P P P P P P P
Open Outdoor Storage of Goods or Materials S P
Portable Signs P P P P P
Shelter for Livestock (Stables) P
Truck/Trailer Rental (Accessory use) S P S P
Agricultural Uses
Aircraft Landing Field S

Page 84 | CITY OF DOTHAN ZONING ORDINANCE

Agriculture/Poultry/Livestock Raising (As Primary Use) P1
Private Animal Shelter or Rescue P1 S P
Auction (Livestock/Equipment) P1
Aviary/Apiary P2 S S S S S S S
Community Garden P S S S S S S S S S S S S S S
Forestry P
Gardening (As Accessory Use) P P P P P P P P
General Farming/Horticulture P
Hatchery, Aquaculture P1
Mining (Natural Resources Indigenous to Area) P1 S
Nursery/Plant Sales (Wholesale) P2 P P
Poultry/Livestock (As Accessory Use) P S3 S3 S3 S3
Riding Academy P2
Roadside Stand (Farm Produce) P
Stable P2 P P
Taxidermy P1 P
Temporary/Seasonal Use P2 P P S P P P P
1
Not allowed in a platted residential subdivision.
2
Permitted on appeal to BZA in a platted residential subdivision
3
A minimum lot size of 1/2 acre is required regardless of zoning district
 Section 114-131.2 - TABLE OF PERMITTED COMMERCIAL USES

Residential Districts Non-Residential District

Legend Multi-Family Manufactured Manufacturing
Single-Family Districts Business Districts Office/Institutional Districts
P = Permitted Districts Home Districts Districts
S = Special Exception Blank = Not
Permitted AC R-1 R-2 R-3 R-4 R-A MH-1 MH-2 B-1 B-2 B-3 O-I O-2 O-3 L-I H-I

Commercial Uses
Accessory Building Sales S S
Adult Entertainment P
Alcohol Beverage Establishment (primary use)1 P P P
Amusement Commercial (Inside) P P P
Amusement Commercial (Outside) S S P P
Animal Boarding S S P P
ATM P P P P P P P P
Automobile Parking (Lot or Structure) P P S S S P P
Automobile Repair / Service P P P P
Automobile / motorvehicle sales, new or used S P P P
Automobile / Motorvehicle Rental S S S S
Automobile Wash P P S P P
Bank/Financial Institution P P P P P P
Bed and Breakfast Inn S S S S P P
Bus Station P S S
Butcher (retail) P P P P
Campground/RV Park P S S
Caterer P P S P
Club (Fraternal) S P P
Commissary (Health Dept. approval required) P P S P P P
Contractor Office/Yard (building, plumbing, electrical, etc.) S P P
Convenience Store P P S P P P P
Country Club P P
Curb Market P P P P P
Custom Assembly P P S P
1
Establishments serving alcoholic beverages as the primary activity and operating with extended hours shall not be located adjacent to a residential district.

CITY OF DOTHAN ZONING ORDINANCE | Page 85

 Section 114-131.3 - TABLE OF PERMITTED COMMERCIAL USES (Cont'd)

Residential Districts Non-Residential District

Legend Multi-Family Manufactured Manufacturing
Single-Family Districts Business Districts Office/Institutional Districts
P = Permitted Districts Home Districts Districts
S = Special Exception
AC R-1 R-2 R-3 R-4 R-A MH-1 MH-2 B-1 B-2 B-3 O-I O-2 O-3 L-I H-I
Blank = Not Permitted
Commercial Uses
Donation Center, Drop-Off Box P P P P P P P
Distribution Center (UPS, FedEx, Newspaper, etc.) P P P P
Driving Range S P P
Flea Market S P P
Funeral Home S S P S P P P
Golf Course P P
Grocery Store P P P1 P
Gymnasium/Health Club P P S P P P
Home Improvement Sales P P S P
Hotel/Motel P P P S S
Kennel P S S P P
Laundry Plant, Dry Cleaning and Dyeing, etc S P
Live/Work P P P P P P P
Lodges, Summer Camps P
Major Appliance Repair P P
Manufacturing Incidental to Retail on Premises S S P P
Manufactured Home Sales P P
Microbrewery P P
3
Mobile Accessory Storage Containers (sale or rent) S S P
Mobile Vendor 1 P P S P P P P

Page 86 | CITY OF DOTHAN ZONING ORDINANCE

Automobile / Motorvehicle Rental S S S S
Moving Truck & Trailer Rental (principal use)3 S P P
Multi-Media Production (TV or radio station) P P P P P P
Museum/Art Gallery (private or semi-public) S P P P P
Office (General) P P P P P P P
Pawn Shop P P
Personal Care Services P P P P P P
Personal Instruction P P P P P P
Printing and Publishing P P S S P P

1
Not exceeding 20,000 sq. ft.. GFA
2
With approved access and off street parking. Does not include commissary.
3
Display areas for exterior merchandise shall be shown on the development plan.
 Section 114-131.4 - TABLE OF PERMITTED COMMERCIAL USES (Cont'd)

Residential Districts Non-Residential District

Legend P= Multi-Family Manufactured Manufacturing
Single-Family Districts Business Districts Office/Institutional Districts
Permitted Districts Home Districts Districts
S = Special Exception Blank
= Not Permitted AC R-1 R-2 R-3 R-4 R-A MH-1 MH-2 B-1 B-2 B-3 O-I O-2 O-3 L-I H-I
Commercial Uses (Continued)
Racetrack S
Restaurant, Fast-Food P P P
1
Restaurant, full service P P S P P P
Retail, other2 P P S P P P
Retail, Indoor Sales Only P P P P P P
Self-Service Laundry P P P P
Self-Service (Mini) Storage P P P
Shooting Range (indoor) S P P
Shooting Range (outdoor) S S
Small Appliance Repair P P P P
Specialty Retail P P P P
Stadium/Arena/Convention Center S P P P P P
Taxi Dispatch, Excluding Garage P P S P
Telecommunications Tower S P P S S P P
Temporary/Seasonal Use3 P P P S P P
Theater (Indoor) P P S P P
Theater (Outdoor) S S S S
Title Loans, Payday Lender, Check Cashing (deferred presentment) P
2
Utility Trailer Sales or Rental S P P P
Wrecker Service S P
Zoo S

1
Full service restaurants with extended hours shall not be located adjacent to a residential district.
2
Display areas for exterior merchandise shall be shown on the development plan.
3
With approved access and off street parking.

CITY OF DOTHAN ZONING ORDINANCE | Page 87

 Section 114-131.5 - TABLE OF PERMITTED INDUSTRIAL USES

Residential Districts Non-Residential District

Legend Multi-Family Manufactured Manufacturing
Single-Family Districts Business Districts Office/Institutional Districts
P = Permitted Districts Home Districts Districts
S = Special Exception Blank =
Not Permitted AC R-1 R-2 R-3 R-4 R-A MH-1 MH-2 B-1 B-2 B-3 O-I O-2 O-3 L-I H-I
Industrial Uses
Airport/Heliport S P S
Building Contractor Supply S P
Construction/Demolition Landfill, Private S S
Food Processing Excluding Vinegar and Yeast S
Food and Beverage Production Including Rendering S
Hazardous Operation S
Heavy Equipment Sales and Service P P
Manufacturing, Heavy P
Manufacturing, Light (with incidental retail) P P
Meat, Fish, Poultry Processing Excluding Slaughter S P
Mineral Extraction S S
Motor Freight P P
Nursery/Plant Sales/Landscape Materials (retail) S S P S S
Nursery/Plant Sales/Landscape Materials (Wholesale) P
Office Warehouse P P
Railroad Station P
Railroad Yard P P

Page 88 | CITY OF DOTHAN ZONING ORDINANCE

Recycling Collection Center P P P P P P P
Recycling Facility S P
Scrap Operation (Junk Yard) S
Slaughterhouse S
Transit Garage (Bus, Van, Taxi, etc) S S P
Tank Farm S
Warehouse P P
 Section 114-131.6 - TABLE OF PERMITTED INSTITUTIONAL USES

Residential Districts Non-Residential District

Legend Multi-Family Manufactured Manufacturing
Single-Family Districts Business Districts Office/Institutional Districts
P = Permitted Districts Home Districts Districts
S = Special Exception Blank =
Not Permitted AC R-1 R-2 R-3 R-4 R-A MH-1 MH-2 B-1 B-2 B-3 O-I O-2 O-3 L-I H-I
Institutional Uses
Cemetery/Masoleum S S S S S S
Correctional Facility P
Community Center S S S S S S S S P P S P
Daycare Center More than 6 (child or adult) P P S P
Fraternity/Sorority House (off campus) P P P S
Group Home/Shelter Home P P P P P P P P P
Halfway/Transistional Housing P P P P
Crematory S S S S S
Public Uses (Police, Fire, Utilties, Public Works, etc.) P P P P P P P P P P P P P P P P
Religious Institution S S S S S S S S S S S S
School, College/University S P P P P
School, Technical/vocational/business P P P P P
Semi-public land use P P S P S
Shelter (Homeless, etc.) P P P

CITY OF DOTHAN ZONING ORDINANCE | Page 89

 Section 114-131.7 - TABLE OF PERMITTED MEDICAL AND RESIDENTIAL USES

Residential Districts Non-Residential District

Legend Multi-Family Manufactured Manufacturing
Single-Family Districts Business Districts Office/Institutional Districts
P = Permitted Districts Home Districts Districts
S = Special Exception
Blank = Not Permitted AC R-1 R-2 R-3 R-4 R-A MH-1 MH-2 B-1 B-2 B-3 O-I O-2 O-3 L-I H-I
Medical Uses
4 4 4 4
Animal Hospital/Veterinarian P P P P P P
Assisted Living Facility S S S P P S S
Detoxification Clinic S S S
Hospital P P P
Medical Office P P P P P S
Medical or Scientific Lab P P S P P S
Nonresidential Drug Treatment Facility S S S
Nursing Home S S S S S P
Outpatient Clinic (including surgery) P P P P
Rehabilitation Facility P P P
Residential Uses
6
Apartments (8 or more units) P P P P
Live/Work P P P P P P P
Manufactured Single-Family Home S S S S S S P P
Single-Family Dwelling P P P P P2 P1 P
Two-Family Dwelling P P

Page 90 | CITY OF DOTHAN ZONING ORDINANCE

Three-, Four-, Five-, Six-, Seven-Family Dwelling P P5 P3
1
Existing single-family dwellings are permitted uses in the R-A District
2
Single-family dwellings shall comply with R-3 dimensional regulations, except minimum living area.
3
In compliance with R-4 dimensional regualtions.
4
Special Exception is required if non-medical boarding is included.
5
Any combination of multifamily buildings containing minimum of 8 units is allowed.
6
Any number of apartments permitted.
Sec. 114-132. District dimensional regulations.

A) Purpose and general provisions.

2) Purpose and intent. The purpose of this section is to establish appropriate

standards relating to the size and placement of buildings within each of the
zoning classifications created by this title in order to assist in the
achievement of the goals established in the long range development plan
for the city.

3) General provisions. The required specifications for lot area, residential

density, setbacks, building heights and separation between buildings are
specified in this chapter on the basis of zoning district classification. Lots
shall be created, and building permits and/or zoning compliance approval
shall only be issued for properties in compliance with these bulk regulations.

B) District dimensional regulations table.

CITY OF DOTHAN ZONING ORDINANCE | Page 91

 Section 114-132 -TABLE OF DIMENSIONAL REGULATIONS

Residential Districts Non-Residential District

Single-Family Districts Multi-Family Districts Manufactured Home Districts Business Districts Office/Institutional Districts Manufacturing Districts

C E
Zone District A-C R-1 R-2 R-3 R-4 R-A MH-1 MH-2 B-1 B-2 B-3 O-I O-2 O-3 L-I H-I

1 acre or 5,000 sq ft + 6
Minimum lot area, sq. feet G 12,000 8,400 4,000 4,800 29,200 3 acres n/a n/a n/a n/a n/a n/a n/a n/a
15,000 du/acre

B B
Lot area per additional DU, sq. feet n/a n/a n/a n/a 2,400 2,000 n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a

Min. lot width @ building line, feet 100 85 65 40 24 65 n/a 50 n/a n/a n/a n/a n/a n/a n/a n/a

Min. corner lot @ building line, feet 135 100 85 50 54 85 n/a 70 n/a n/a n/a n/a n/a n/a n/a n/a

D
Min. depth of front yard, feet 50 30 25 15 30 20 50 20 25 25 25 25 25 40 20 20

D
Min. depth of rear yard, feet 40 35 30 15 15 20 50 10 10 10 10 20 20 40 35 10

A A D A A A A
Min. width of each side yard, feet 15 10 10 5 7.5 20 50 15 5 5 5 5 20 20 20 10

Secs. 114-333 to 114-139. Reserved

D
Side yard abutting a street, feet 50 30 25 15 30 20 50 20 25 25 25 25 25 40 20 20

Max. building area, % of gross lot area 25 25 40 50 60 60 50 n/a n/a 50 40 50 30 30 50 60

Max. building height:

Feet n/a n/a n/a n/a n/a 55 n/a n/a 145 145 35 145 35 35 n/a n/a
Stories n/a 3 3 3 3 3 n/a n/a 10 10 3 10 2 2 n/a n/a

Page 92 | CITY OF DOTHAN ZONING ORDINANCE

F
Buffer required - see Sec. 114-188 No No No No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes

Off-street parking requirements: See Section 114-182, Off-Street Parking and Loading Requirements

Min. living area, sf per family 1200 1200 1200 1000 750 n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a

Development Plan approval No No No No No See Art. V See Art. V See Art. V See Art. V See Art. V See Art. V See Art. V See Art. V See Art. V See Art. V See Art. V

A
“Unless located in a common wall development which is approved by the Planning Commission and Building Official, no side yard required for interior units. Ten (10) ft. separation between structures is required for maintenance and access. Setbacks shall increase
20 ft. for each additional story if adjacent to existing single-family residentially used or zoned property except in the B-1 & MH-1 districts”. Single-family dwellings comply with R-3 dimensional regulations.
B
Refer to the charts in Section 114-117 A 5 & 6. The minimum lot area for R-4 and R-A zoning districts is based on the minimum number of attached units required for the district.
C
Dimensional standards shown for MH-1 district apply to a manufactured home park and not to each lot within a manufactured home park. Refer to Section 114-158.
D
At least 20 feet of separation shall be maintained between all structures including but not limited to manufactured homes, patio covers, carports, awnings and other attached additions shall be included in determining separation between homes. Fifty (50) foot
Notes: perimeter setback required.
E
No change of use shall be allowed in the O-3 district which does not provide for the erection of a six (6) foot tall (minimum height) solid masonry wall along any side or rear property line directly abutting residentially zoned property, or property used for
residential purposes, except any portion of such property line, which in the judgment of the City of Dothan Planning Director, or designee, should remain unobstructed for traffic or life safety reasons. Said wall shall conform in its design and materials to the design
standards maintained on file in the office of the Building Official.
F
Buffer is required with three dwellings or greater.
G
One acre per unit required when not in a platted subdivision. Single family residential in platted subdivisions shall comply with R-1 dimensional regulations.
 Article IX. Townhouse Regulations.

Sec. 114-140. Purpose.

The purpose of this article is to provide for the construction of townhouse dwellings in
the city and to set forth the requirements for the construction of townhouse dwellings. It
is the further intent of this article that dwelling units constructed under this article will:

A) Encourage the provisions of usable open space and a desirable living environment.

B) Be located primarily in areas near or adjacent to single-family use areas.

C) Be located near such services as major thoroughfares and collector streets.

Sec. 114-141. General requirements.

In addition to the standards established in the Table of District Dimensional Regulations,

the following general requirements will apply to townhouse dwellings constructed in R-4
districts:

A) No townhouse building shall contain less than two (2) or more than seven (7)
townhouses, and no townhouse building shall exceed two-hundred-fifty (250) feet
in length including any space between townhouses making up the townhouse
building. No more than four (4) consecutive townhouses shall have the same front
line.

B) No portion of a townhouse or accessory building and/or structure in or related to

one townhouse building and/or structure shall be closer than fifteen (15) feet to
any portion of a townhouse or accessory building and/or structure related to
another townhouse building and/or structure or to any building and/or structure
outside the townhouse development.

C) Off-street parking shall be provided at the rate of two (2) spaces per townhouse.
Insofar as practicable, off-street facilities will be either provided on the individual
townhouse lots or grouped in bays in the interior of blocks. In any case, parking
arrangements will be made so as to discourage on-street parking on public streets.
No off-street parking space shall be more than one-hundred (100) feet by the
most direct pedestrian route from a door of the dwelling unit it is intended to serve.

D) If a townhouse development contains any common area, common building, common

off-street parking area, or common recreation facility, provisions satisfactory to
the board of commissioners and approved by the city attorney shall be made to
ensure that common areas, common buildings, common off-street parking areas,
and common recreational facilities for the use and enjoyment of occupants of
townhouses shall be maintained in a satisfactory manner without expense to the

CITY OF DOTHAN ZONING ORDINANCE | Page 93

 city or the general public. In addition, the developer of a townhouse development
or homeowners association created by the developer, by recorded covenants and
restrictions, shall preserve for the owners and occupants of the development such
common areas, common buildings, common off-street parking areas, and common
recreational facilities established for the development.

E) All lots must front or have access (via legal document) to a dedicated public right-
of-way.

F) Attached townhouse dwellings shall be separated from each other by a firewall

which complies with building, fire, and other applicable codes adopted by the city.

G) Sidewalks shall be provided for each townhouse development to promote safe

pedestrian movement throughout the entire development.

H) All streets constructed in connection with any townhouse development shall

comply with the requirements set forth in the subdivision design criteria for minor
residential streets in the City of Dothan Code of Ordinances, Chapter 90,
Subdivision Regulations.

Sec. 114-142. Approval of development plans required.

A) Development plans are required for any proposed townhouse development and
shall be submitted in accordance with development plan regulations as established
in Article V of this chapter. Approval is required prior to submittal of construction
plans for issuance of a building permit.

B) The planning commission has the authority to grant deviations from certain
standards in the Subdivision Regulations. The developer must illustrate
justification for the planning commission to grant a subdivision deviation.
Procedure for obtaining a subdivision deviation shall be as described in City of
Dothan Code of Ordinances, Section 90-197.

Sec. 114-143. Townhouse subdivisions and condominiums.

Townhouse developments that are to be sold as fee-simple lots shall be considered

residential subdivisions and shall be subject to, and comply with, the City of Dothan Code
of Ordinances, Chapter 90, Subdivision Regulations. Townhouse developments that are
to be sold as condominiums shall be subject to condominium laws as established by the
State of Alabama Code.

Secs. 114-144 to 114-154. Reserved.

Page 94 | CITY OF DOTHAN ZONING ORDINANCE

 Article X. Special Districts.

Sec. 114-155. Purpose.

Three (3) special districts are created and shall be known as a planned unit development
(PUD) district, downtown overlay district (DOD) and manufactured home community. A
PUD may be established in any district provided the use(s) intended to be established are
permitted in the underlying district; depending on location, rezoning may be required.
The DOD is established as a fixed geographic area as defined in Section 114-157.
Modification to permitted uses are listed in that section. A manufactured home community
may be established only in an MH-1 district.

Sec. 114-156. Planned unit developments (PUD).

A) Intent. The intent of this section is to provide flexibility to a unified development

proposal which provides a public benefit by encouraging the best use of land
resources, protecting valuable natural features, providing more open space,
promoting economical public services, providing a mix of housing types and land
uses and mobility options within a development that conventional zoning would not
otherwise allow. This section is further intended to increase the desirability and
convenience to the residents or occupants of the PUD without causing adverse
effects on adjoining properties.

The purpose of a PUD is to encourage the unified development of tracts of land.

This is achieved by permitting, within the confines of an overall density limitation,
much more creative and flexible concepts in site planning than would otherwise be
possible through the strict application of minimum and maximum requirements of
zoning districts established in this chapter. For example, a development zoned
PUD could, by design, decrease the minimum setbacks and lot area while providing
a larger, more desirable area for open space. Where such flexibility is permitted
as established in this chapter and the City of Dothan Code of Ordinances, Chapter
90, Subdivision Regulations, PUD project design and construction shall follow a
carefully devised plan of development which shall be prepared in accordance with
the development procedures and approvals prescribed in this chapter. Where
PUD’s are permitted, regulations adapted to the unified development are intended
to accomplish the purposes of zoning and subdivision regulations and other
applicable regulations to the same degree as in cases in which those regulations
are intended to control development on a lot-by-lot rather than unified basis. A
PUD shall be treated as an overlay district, which, unless otherwise amended
through the rezoning process, shall be subject to the minimum requirements of the
base zoning district.

B) Definitions. Refer to Article II of this chapter for definitions.

CITY OF DOTHAN ZONING ORDINANCE | Page 95

C) General requirements. The general requirements in this section shall apply to all
PUD’s.

(1) A homeowners association shall be created and incorporated for the

purpose of providing for the maintenance of any common elements
identified on the approved plan of the development. Covenants shall be
created and recorded establishing the conditions and responsibilities of all
parties.

(2) The planned unit development shall be in conformity with the long range
development plan or portion thereof as may apply.

(3) The PUD shall be consistent in all respects with the purposes and intent of
this chapter.

(4) Three (3) acres in area in single ownership, with adequate frontage serving
as the principal means of access to the property, shall be the minimum for
development.

(5) The planned unit development will provide, through desirable arrangement
and design, benefits which justify the deviations from subdivision
development standards which would otherwise apply.

(6) All land proposed in the project for residential use, including outdoor use of
space, off-street parking, interior drives and other circulation ways,
community facilities such as schools, recreation centers, libraries,
shopping, and public safety facilities, may be counted in computing the
density requirements.

(7) All open space not assigned to public use or to private occupancy as set
forth in this section shall be assigned to the common use of all residents of
the development with such use ensured in perpetuity. Assignment and
development of such open spaces shall provide for the common enjoyment
of all residents.

(8) Minimum open space shall be ten percent (10%) of the development with
permanent useable open space determined by the nature of the development
and of the site.

(9) The open space between buildings shall be so designed as to provide

adequate privacy, safety and aesthetic value.

(10) Every dwelling or ground floor dwelling unit shall be accessible to service
and emergency vehicles.

Page 96 | CITY OF DOTHAN ZONING ORDINANCE

 (11) Private and public streets shall comply with the intent of the PUD and as
approved by the planning commission.

(12) On-street parking shall be permitted only along easements or streets

adequate in size internal to the project, and not along a peripheral street or
major thoroughfare serving other uses.

(13) The outside perimeter building line setback is recommended to be forty (40)
feet.

(14) The planning commission may modify these requirements for cause.

D) Uses permitted.

(1) Principal uses. Permitted principal uses in a PUD include the following:

a. Dwelling units of a permanent nature for ownership or rental.

b. Public parks and specialized recreation centers (maybe counted

toward the useable open space requirement).

c. Commercial, office, institutional, industrial.

(2) Accessory uses. Accessory uses permitted in a PUD include the following:

a. Home occupations.

b. Facilities for the use of residents of the development for recreation,

children's nursery, kindergarten, laundry or similar services, or any
similar facility.

c. Off-street parking or garages.

d. Commercial, office, industrial or other uses dependent on design and

service area.

E) PUD approval process.

(1) Generally. The developer of a PUD shall schedule an initial planning

meeting with the planning staff to discuss the scope and intent of the
concept.

(2) Fees required. Fees shall be as required for each individual application type
(rezoning, preliminary plat, final plat, etc.)

CITY OF DOTHAN ZONING ORDINANCE | Page 97

 (3) Rezoning. For properties not zoned with the PUD overlay or which require
rezoning to implement the PUD plan, rezoning shall be required and shall
follow the rezoning process as described in Article IV of this chapter.
Application procedures and public notice shall be given according to Article
IV of this chapter. Rezoning public hearings shall be held subsequent to
final PUD plan public hearing and approval.

(4) Sketch plan. A sketch plan of the proposed project shall be submitted to
the planning commission by the developer, showing existing conditions
within the site and its vicinity and the proposed layout and development of
the PUD.

(5) Preliminary plan. After receiving general approval of the planned unit
development sketch plan and the review and recommendations from the
administrative staff, the developer shall prepare and submit a preliminary
plan for review, before submission of the final plan.

a. The plan shall be accompanied by a written statement attesting the

following:

1. The proposed development, as shown on the plans and as set

forth in the specifications, will be completed in substantial
detail within such time period as may be agreed upon by the
planning commission.

2. Provision shall be made for maintenance of common areas.

3. Public easements, rights-of-way and publicly dedicated land,

as indicated in the final plan, may be accepted in concept by
the planning commission, but final approval of the concept
does not constitute acceptance by the board of commissioners
of the dedication.

4. An explanation of why the project would be more beneficial

as proposed than under by-right zoning standards.

5. A list of modifications required to implement the proposed

project shall be provided including, but not limited to,
setbacks, lot area, percentage of building coverage, parking
regulations, buffer requirements, etc.

b. Maps and a written statement setting forth the conditions of the

proposed development shall be included in the preliminary plan. The
maps must show enough of the area surrounding the proposed
development to demonstrate the relationship to the adjoining uses,

Page 98 | CITY OF DOTHAN ZONING ORDINANCE

both existing and those proposed by the developer. The maps shall
be in a general schematic form and shall contain the following
information, based on the scope, intent, size, and location of the
proposed PUD. Maps are to include the following information:
1. Proof of ownership.
2. Boundary lines of the property, including dimensions.
3. Location and names of all public streets adjoining or
traversing the site.
4. Name of the project.
5. Vicinity map showing the relationship to the surrounding area.
6. Topography at a minimum of five (5) foot intervals at an
appropriate scale.
7. Principal physical characteristics such as streams,
floodplains, wetlands, wooded areas, rock outcroppings.
8. Total acreage.
9. Overall gross density.
10. General location, approximate acreage and density/intensity
of each use area, including single-family, multi-family,
recreation, open space, educational, commercial and any
other.
11. Proposed connection to existing water, drainage and sewer
facilities.
12. Development staging (proposed).
13. Circulation plan (proposed).
14. Buffers and landscaping (proposed).
15. Easements, rights-of-way and land intended to be publicly
dedicated.
16. Location of streets.
17. Names of all streets and alleys.
18. Ratio of off-street parking for each land use area as required.
19. The number of each lot as determined by the public works
director.
20. Conceptual drainage, water, sewerage, street plans and
specifications of proposed improvements prepared in
sufficient detail to prove that the Final Plan will be in
substantial compliance with the Preliminary Plan. Subdivision

CITY OF DOTHAN ZONING ORDINANCE | Page 99

 construction regulations do not necessarily apply. Design
criteria shall be determined by necessity but in any event shall
be approved by the Public Works Director. Construction plans
and specifications of proposed improvements not conforming
to subdivision design standards or as otherwise approved by
the Public Works Director, shall not be accepted by the city
for maintenance.
c. A public hearing before the planning commission shall be held for
preliminary plans.

d. Eight (8) copies of the required preliminary plan, accompanied by an

application signed by the developer or their authorized
representative, shall be submitted to the planning commission
secretary not less than twenty-one (21) calendar days prior to the
public hearing date at which the applicant wishes to present the plan.

e. When a PUD includes the subdivision of land, a preliminary plat shall

be required and shall be submitted in accordance with the City of
Dothan Code of Ordinances, Chapter 90, Subdivision Regulations.

f. When possible, required preliminary plan public hearings will be held

concurrently with preliminary plat public hearings. Application
procedures and public notice shall be given as for preliminary plat.

(6) Final plan. After receiving general approval of the preliminary plan and the
review and recommendations of the administrative official and planning
commission, the developer may prepare and submit a final plan for review.
Such submittal shall consist of a complete set of construction plans for
review and approval by the Public Works Director.

a. A public hearing before the planning commission may be required.

b. If approval is required by the planning commission, eight (8) copies

of the required final plan shall be accompanied by an application
signed by the developer or their authorized representative and
submitted to the planning commission secretary on or before the first
business day of the month preceding the public hearing date at which
the applicant wishes to present the plan.
c. Provided the final plan is substantially in compliance with the
preliminary plan and construction plans have been approved, the
administrative official may waive the public hearing. If required,
application procedures and public notice shall be given as for final
plat.

Page 100 | CITY OF DOTHAN ZONING ORDINANCE

 d. If the developer wishes to develop the planned development project
in stages, the final plan submitted for review and approval may cover
only the first stage to be developed. Subsequent stages will be
submitted in the same manner.

e. The final plan is the permanent public record of the planned unit
development and will be the manner in which the development is
constructed as provided in this article.

f. If a final plan covering at least a portion of the area in the preliminary

plan has not been filed within one (1) year, the approval shall expire.
The approval may be extended for additional periods not in excess
of six (6) months each when, for good cause, such extension is
necessary.

g. The final plan provides a specific and particular plan by which

development and construction will take place.

h. When a PUD includes the subdivision of land, a final plat shall be

required and shall be submitted in accordance with the City of Dothan
Code of Ordinances, Chapter 90, Subdivision Regulations.

(7) Modifications to approved PUD.

a. Minor. Minor modifications of the approved plan during construction

may be permitted upon consultation with the administrative official
who, in turn shall consult with other city departments as appropriate.
Minor modifications shall not include the following: the removal of
primary roads, reduction of open space, alteration of pedestrian
facilities, or the reallocation of land uses.

b. Major. If a substantial amendment to the preliminary or final plan is

submitted after approval of the preliminary plan or final plan, the
requirements will be the same as if submitting the entire PUD for
approval and shall comply with the City of Dothan Code of
Ordinances,

Sec. 114-157. Downtown Overlay District (DOD).

The DOD, described on the following pages, focuses on the preservation and rehabilitation
of historic buildings and/or structures and their elements, where feasible, and enables
new development in a creative manner where appropriate. The goal for alterations to
non-contributing buildings and new construction in the DOD is to ensure compatibility
with existing and new development. Underlying details are specifically addressed in the
DOD design manual developed as a companion document to this ordinance.

CITY OF DOTHAN ZONING ORDINANCE | Page 101

A) Intent. The intent of the DOD is to foster a strong viable downtown as a
commercial, civic, residential and cultural art center with its own unique identity
and to provide a mechanism to establish special land use regulations, standards or
procedures in a defined area with unique land use, site planning, building design
or environmental resource issues. Specifically:
(1) Implement the city’s Downtown Master Plan to achieve specific land use
and design objectives.
(2) Accommodate mixed-use buildings and parcels with neighborhood-serving
retail, service and other uses on the ground floor and residential units above
the non-residential space.
(3) Encourage rehabilitation and re-use of existing historic buildings
(4) Promote new infill residential and non-residential development in a planned
format.
(5) Encourage development that exhibits the physical design characteristics
that promotes pedestrian oriented storefront-style shopping, and
(6) Promotes the health and well-being of residents by encouraging physical
activity, alternative transportation modes and greater social interaction.

B) Applicability of zoning overlay. The DOD is established to serve as an overlay to

the established base zoning district. Base districts within the DOD include B-1,
B-2, L-I and H-I. Except as modified by the DOD regulations, the provisions of
the base district shall apply to all development within the boundary of the DOD. In
the event the regulations conflict, the applicable DOD regulations shall prevail.

C) Applicability of DOD design guidelines. Design guidelines for the DOD are hereby
adopted by reference. Commercial and residential design guidelines adopted by
the historic preservation commission apply within the downtown historic district.
To the extent that the DOD design guidelines conflict with the commercial or
residential design guidelines adopted by the historic preservation commission, the
guidelines adopted for the historic district shall prevail.

D) Establishment of DOD boundaries. The extent and limits of the downtown overlay
district (DOD) is described as follows:

Beginning at the intersection of West Crawford Street and South Oates Street; then
easterly along West Crawford Street and East Crawford Street to Holman Street;
then northerly along Holman Street to the projection of the Norfolk Southern
Railway’s north right-of-way; then northeasterly for a distance of approximately
one thousand one-hundred-fifty (1,150) feet following a projection of said right-
of-way to the projection of Brundidge Street; then north along the southern
projection of Brundidge Street and; then west along East Adams to North College
Street; then north along North College Street to East Powell Street; then north

Page 102 | CITY OF DOTHAN ZONING ORDINANCE

 along the projection of North College Street to the south side of the right-of-way
of the CSX Railroad; then westerly along the south side of the right-of-way of the
CSX Railroad to North Foster Street, then west along Chickasaw Street to North
Oates Street; then southerly along North Oates Street and South Oates Street to
west Crawford Street; being the point of beginning. The district shall include
property having frontage on the streets forming the boundary but shall not include
property on the north side of the CSX Railroad nor on the south side of Norfolk
Southern Railway.

E) Subdistricts. The DOD is further divided into three (3) distinct subdistricts. Each
subdistrict is specifically described below and is intended to foster certain land
uses as prescribed in the following land use chart.
(1) The entertainment (E) district.
(2) The historic core/government (HC/G) district.
(3) The contemporary/redevelopment (C/R) district.

F) Establishment of subdistrict boundaries. The DOD is further divided into three (3)
subdistricts: The Entertainment District, the Historic Core/Government District
and the Contemporary/Redevelopment District.

Entertainment district: The boundary of the entertainment district is established

as follows: Beginning at the intersection of West Crawford Street and South Oates
Street; then easterly along West Crawford Street and East Crawford Street to
Holman Street; then northerly along Holman Street to East Main Street; then west
along Main Street to South Oates; then south along South Oates to the point of
beginning. The district shall include property having frontage on the streets
forming the boundary of the sub-district except those on East Main Street. Only
properties on the south side of East and West Main Street are included in the
subdistrict.

Historic core & government district: The boundary of the historic core and
government district is established as follows: Beginning at the point of intersection
of East Main Street, Holman Street and to the projection of the Norfolk South
Railway’s north right-of-way; then northeasterly for a distance of approximately
one thousand one-hundred-fifty (1,150) feet following a projection of said right-
of-way to the southern projection of Brundidge Street and; then north along the
southern projection of Brundidge Street and; then west along East and West Adams
Street to North Oates Street; then south on North Oates Street to Main Street; then
east along West and East Main Street to the point of beginning. The district shall
include property having frontage on the streets forming the boundary of the
subdistrict except those on East Adams Street and East Main Street. Only
properties on the south side of East and West Adams Street and only properties

CITY OF DOTHAN ZONING ORDINANCE | Page 103

 on the north side of West and East Main Street are included in the subdistrict. No
properties on the south side of the Norfolk Southern Railway are included.

Contemporary & redevelopment district: The boundary of the contemporary and

redevelopment district is established as follows: Beginning at the intersection of
East Adams and Brundidge Street; then west to the intersection of North College
and East Adams; then north along North College Street to East Powell Street; then
north along the projection of North College Street to the south side of the right-
of-way of the CSX Railroad; then westerly along the south side of the right-of-
way of the CSX Railroad to North Foster Street; then west along Chickasaw Street
to North Oates Street; then southerly along North Oates Street to West Adams
Street; then east along West and East Adams to the point of beginning. The district
shall include property having frontage on the streets forming the boundary except
only those properties on the north side of East and West Adams Street are included
in the subdistrict. No properties on the north side of the CSX Railroad are included.

G) Map of DOD with subdistricts.

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H) Land use principles. In order to accomplish the general purpose of promoting
residential and mixed use development in downtown and to implement the
Downtown Master Plan, special consideration is given to establishing new land
uses in addition to the established uses in the area.
(1) A diverse mix of land uses shall always be permitted in the downtown area;
(2) Downtown shall be promoted as a viable and vital residential area and
residential uses are an acceptable land use anywhere in the downtown area;

CITY OF DOTHAN ZONING ORDINANCE | Page 105

 (3) The market place, not regulations, should be the primary force driving the
mix of land uses;
(4) Appropriate overlay zone standards and design review criteria shall be the
principal tools to ensure compatible, high quality development;
(5) Quality public spaces such as streets, sidewalks, parks, and squares where
citizens come to know each other and watch over their collective security
shall be provided;
(6) Overlay zone standards may vary within downtown districts in order to
achieve long-term planning objectives;
(7) Development regulations shall promote the continued use and/or
redevelopment of historical and older buildings and/or structures;
(8) Except as provided for in Section 114-182, off-street parking space
requirements shall be eliminated or reduced.
(9) Parking garages shall incorporate active uses on the ground floor in order
to engage pedestrians and surface parking lots shall be discouraged unless
landscaping and architectural treatments are incorporated to soften their
appearance; and

(10) Parking minimums and maximums shall be established to promote the use
of peripheral parking.

I) Land uses. The following table modifies the land uses that are permitted, permitted
as a special exception or not permitted in each district. Uses otherwise permitted
by-right or by special exception in the base district may also be established. To
the extent that the DOD land uses conflict with the land uses allowed in the base
zoning district, the land uses in the following table shall apply.

(1) Nonconforming uses. Any land use existing at the time of enactment of this
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:

a. The use or structure is discontinued for a period exceeding three (3)

months after which it may not be re-established without rezoning
approval.
b. The use is extended, expanded or altered except in conformity to
this chapter.
c. 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 less nonconforming use or to a conforming

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 use, such use shall not thereafter be changed to a less conforming
use or nonconforming use, respectively.

DOD – Table of Permitted Uses Overlay Districts

P = Permitted Use; S = Special Exception; X = Not Permitted E HC/G C/R

Animal clinic, animal hospital, kennel or pet store S S S

Bank (with or without drive-through teller window) P P P

Dwellings, multi-family (including apartments, lofts, or condominiums for any
S P P
number of families as regulated by the R-A district)
Dwellings, single-family S P P
Dwellings, developed as Urban Traditional Neighborhood Development (UTND) X S P
Grocery store, curb market P P P
Hospital/clinic X X P
Hotel X P P
Indoor assembly with alcohol sales (including but not limited to lounge, bar,
P S X
tavern, night club, etc.)
Indoor assembly and place of amusement (including but not limited to church,
P P P
indoor/outdoor private recreation facility, etc. where no alcohol is served)
Indoor automobile repair shop S X S
Laundry and/or dry cleaning facility S S S
Manufacturing incidental to retail business where articles are sold at retail on
S S S
premise
Manufacturing or industrial use (with no retail sales) X X S
Mixed-use development (Urban Planned Unit Development - UPUD) X S P
Motel X X X
Office (professional, medical and business) P P P
Outdoor advertising building and/or structure X X X
Public use (including but not limited to post office, substation, office, public
P P P
recreation, etc.)
Restaurant, traditional (includes cafeteria, delicatessen, ice cream shop, outdoor
dining, establishments with alcohol sales, etc. - 51% minimum food sales P P P
required)
Restaurant, fast-food (with drive-through) P S S
Restaurant, mobile (mobile food vendor) P P P
Retail sales with gasoline/diesel facility (convenience store) P P P
Retail sales with interior display of goods P P P
Retail sales or wholesale business or service not specifically listed (including
S S S
retail with exterior display of goods)
Self-storage warehouse (mini-storage) X X P
Service use (such as barber/beauty shop, shoe repair shop, laundromat, dry
P P P
cleaning pick-up and similar personal services)

CITY OF DOTHAN ZONING ORDINANCE | Page 107

 Overlay Districts
DOD – Table of Permitted Uses (Continued)
P = Permitted Use; S = Special Exception; X = Not Permitted
E HC/G C/R
Specialty Manufacturing, limited S S S
Temporary use (seasonal use) P P P
Warehouse and distribution facility X X S
Wholesale business S S S

J) Commercial development.
(1) Generally – The following regulations apply to only new development in the
DOD and are not intended to apply to existing buildings and/or structures.
(2) Commercial establishment size limits. The gross floor area of new
commercial establishments shall not exceed fifteen-thousand (15,000)
square feet in the E or HC/G districts.
(3) Indoor/outdoor operations. All permitted uses must be conducted within
completely enclosed buildings unless otherwise expressly authorized. This
requirement does not apply to off-street parking or loading areas,
automated teller machines or outdoor seating areas.
(4) Floor-to-floor heights and floor area of ground-floor spaces.
a. All commercial floor space provided on the ground floor of a mixed-
use building must have a minimum floor-to-ceiling height of ten (10)
feet.
b. All commercial floor space provided on the ground floor of a mixed-
use building must contain the following minimum floor area:
1. At least eight-hundred (800) square feet, or twenty-five percent
(25%) of the lot area (whichever is greater) on lots with street
frontage of less than fifty (50) feet.
2. At least twenty percent (20%) of the lot area on lots with fifty
(50) feet or more of street frontage.
c. Lot area per unit (density). The minimum lot area per unit shall be one-
thousand (1,000) square feet for mixed-use buildings and one-
thousand-five-hundred (1,500) square feet for all other buildings.
(5) Setbacks.
a. The entire building façade must be located within ten (10) feet of the
front and/or street side yard lot lines.
b. The minimum rear yard setback is twenty percent (20%) of the lot
depth.
c. No interior side yard setbacks are required except where overlay
zoned property abuts residentially zoned property, in which the

Page 108 | CITY OF DOTHAN ZONING ORDINANCE

 minimum side yard setback shall be the same as required for the
abutting residentially zoned property.
(6) Building height.
a. Building heights in the E or HC/G Districts shall not exceed seventy-
five (75) feet or five (5) stories.
b. Building heights in the C/R shall not exceed one-hundred-forty-five
(145) feet or ten (10) stories.
(7) Transparency. A minimum of seventy-five percent (75%) of the street-
facing building façade between three (3) feet and eight (8) feet in height
must be comprised of clear windows that allow views of indoor space or
product display areas unless such transparency is not in keeping with the
form and function of the building whether new construction or a remodel.
(8) Doors and entrances. Buildings must have a primary entrance facing the
public sidewalk. Entrance at building corners may be used to satisfy this
requirement.
(9) Vehicle and driveway access. No curb cuts are allowed for lots that have
public access via an alley.
(10) Signage.
a. Design. The overall design of all signage including the mounting
framework shall relate to the design of the principal building on the
property. Buildings with a recognizable style such as Greek Revival,
Italianate, Victorian, Queen Anne, Neo-classic, Craftsman, et al.,
should use signage of the same style. For buildings without a
recognizable style, the sign shall adopt the decorative features of the
building, utilizing the same materials and colors.
b. Purpose. Signs shall be for the purpose of identifying businesses.
No permanent signs displaying advertising or promotions are
permitted (exempting historic wall paintings), other than those
relating to the primary use of a property. Lettering describing a
business's general goods or services may be permitted if it conforms
to other guidelines as to size and quality.
c. Permit required. A permit for the placement, erection or installation
of any sign in this district shall be required before placement,
erection or installation.
d. Prohibited signs.
1. Off premise signs are prohibited.
2. Portable signs of any kind are prohibited.
3. Roof top signs are prohibited unless historic in nature.

CITY OF DOTHAN ZONING ORDINANCE | Page 109

 e. Mounting and placement.
1. Signs shall be mounted or erected so they do not obscure the
architectural features or openings of the building.
2. Signs shall not be located in the right-of-way unless
projecting from building in conformance with this ordinance.
3. Sandwich board signs shall be allowed in the E & HC/G
Districts but shall not be an impediment to pedestrian traffic.
4. Free standing signs are permitted in the C/R District and shall
not be taller than eight (8) feet or located closer than ten (10)
feet to the public right-of-way.
5. Under canopy mounted signs shall be permitted subject to the
standards contained in Section 114-219 (F)?
6. No sign or portion of a sign shall extend above the cornice
line at the top of the building face.
7. Ground-floor businesses in multi-story buildings cannot
mount signs higher than fourteen (14) feet above grade.
f. Size and area.
1. Size of the sign shall be determined by measuring the area
within each face of a geometric shape enclosing all elements
of informational or representational matter including blank
masking. Structural supports not bearing information shall not
be included in the computation of display area. For double
faced signs, provided only one side can be seen from the
public right-of-way at any location, only one side shall be
counted toward the maximum allowable square footage.
2. The total maximum allowable sign area for all wall mounted
signs is two (2) square feet per linear front foot of the
principal building on a public right-of-way including multi-
tenant buildings. Permitted area may be divided up between
a maximum of three (3) signs. No single sign shall exceed
one-hundred-twenty-five (125) square feet. Signs affixed to
awnings shall be considered a wall mounted sign.
3. The total allowable square footage of display area, per side of
a monument sign is thirty-six (36) square feet.
4. The total allowable square footage of display area, per side
for a pole mounted sign is twenty-four (24) square feet.
5. Signs projecting from the building face shall not exceed fifteen
(15) square feet or project farther than eight (8) feet or one-

Page 110 | CITY OF DOTHAN ZONING ORDINANCE

 half (½) the distance to the street curb, whichever is less, and
shall not be lower than ten (10) feet above grade.
6. Changeable copy message boards shall not exceed twenty-
five (25) square feet and shall be counted toward the
maximum square footage allowed for on-site signs.
g. Materials. The structural materials of the sign shall match the
historic materials of the building. Wood, metal, stucco, stone or brick
is allowed. Plastic, vinyl or similar materials are prohibited. Resin
simulating the appearance of wood, and fabric may be used as
appropriate.
h. Lighting.
1. Internally lighted signs are prohibited.
2. Signs incorporating lighting (back illuminated, neon, etc.) shall
be reviewed for appropriateness regardless of the above-
mentioned size limitations.
3. Lighted signs shall use focused, low intensity illumination.
Such lighting shall not shine into or create glare at pedestrian
or vehicular traffic, nor shall it shine into adjacent areas. Light
fixtures mounted on the ground shall be screened by
landscaping.
4. Flashing, blinking, revolving or rotating lights are not
permitted.
5. Exposed neon may be used but only if appropriate to the
context as decided by the appropriate authority.
i. Window signs. Signs painted directly on window glass or hung in
windows are permitted. They shall be counted toward the maximum
size requirement and shall not exceed twenty-five percent (25%) of
the window area.

Multi-tenant buildings.
1. Owner shall submit an overall sign plan addressing placement,
materials, and design. Signage for the building and for the
tenants shall be consistent.
2. Square footage allocation between various tenant spaces shall
be the responsibility of the owner and identified on the sign
plan.
3. Multiple individual free standing signs are prohibited.
4. Building identification signs or signs describing the historical
context of the building not exceeding six (6) square feet are
permitted.

CITY OF DOTHAN ZONING ORDINANCE | Page 111

 j. Special purpose signs. Special purpose signs are not reviewed
except as noted.
1. On site construction signs or signs giving information about
the construction or renovation of a building on the same site
must be removed at the completion of the project.
2. Directional signs, real estate signs or incidental signs such as
"entrance" or "exit" or that give non-commercial information
but do not contain advertisements are exempt from this
section.

k. Building codes. All signs must comply with building code

requirements.

l. Non-conforming signs. A nonconforming sign is any sign

permanently affixed to the ground or a building within the DOD on
the effective date of this article which is prohibited by, or does not
conform to the requirements of these regulations. Temporary or
portable signs shall not be afforded nonconforming status. Qualifying
nonconforming signs may continue provided:
1. The sign provided it is properly maintained,
2. It is not structurally altered except as required to meet
building code requirements,
3. It is not expanded except for a change of copy, whether copy
presentation is by traditional or electronic means, and
4. Any damage does not exceed fifty percent (50%) of the
estimated replacement cost.

(11) Parking requirements.

a. Residential uses do not require off-street parking.
b. No off-street parking is required for existing non-residential uses
or new non-residential uses containing less than five-thousand
(5,000) square feet of useable space (including outdoor seating
areas).
c. Off-street parking for new non-residential construction exceeding
five-thousand (5,000) square feet shall be provided at one (1) space
per two-hundred (200) square feet.
d. Off street parking for new non-residential uses requiring less than
one-hundred (100) parking spaces may be reduced fifty percent
(50%).

Page 112 | CITY OF DOTHAN ZONING ORDINANCE

 e. Off-street parking for existing non-residential uses exceeding five-
thousand (5,000) square feet and requiring one-hundred (100) or
more spaces shall provide all required spaces.
f. Any required off-street parking spaces must be located to the rear
of the principal building or otherwise be screened from view of the
public right-of-way or adjacent residential developments.
g. Off-site parking. Required parking may be located off-site but must
be within six-hundred-sixty (660) feet of the property.
h. Building additions. No additional parking shall be required for
structural alterations, repairs or additions providing one-thousand
(1,000) square feet or less of publicly accessible floor space is
involved.
i. Change of use. A change in the use of an existing building shall not
require the provision of additional parking unless:
1. The new use requires one-hundred (100) spaces or more or
2. The new use requires twenty-five percent (25%) more
parking spaces than the most recent use of the building.
(12) Streetscape design and landscaping. Whenever any building or building
and/or structure is erected in the downtown overlay district or whenever a
building and/or structure undergoes major renovation impacting the existing
streetscape, any elements damaged or removed shall be replaced as
follows:
a. Trees.
1. Elm trees shall be planted in the streetscape unless otherwise
specified by the City of Dothan horticulturist.
2. Trees shall be a minimum of sixteen (16) feet in height or shall
have a minimum of four (4) inch caliper with seven (7) feet of
clear trunk. Liriope ground cover shall be used as the tree
planter cover.
3. Irrigation systems shall be installed underground to service
all trees and other landscape material. The irrigation system
shall be maintained in operable conditions at all times. The
size and type of irrigation system shall be specified by the
City of Dothan horticulturist.
4. Installed trees shall be inspected six (6) months after planting
to ensure viability. Trees found to be in declining condition
shall be replaced within thirty (30) days of notice thereof.
Subsequent reinspection after replacement shall occur six (6)
months from the date of replacement.

CITY OF DOTHAN ZONING ORDINANCE | Page 113

 b. Streetlights. The type, number and spacing of streetlights shall
comply with the standards and requirements adopted by the City of
Dothan Utilities for the downtown core.
c. Paving. Paving shall be installed in the streetscape that is
consistent with the pattern, color and texture of existing materials
in the streetscape.
d. Pedestrian traffic. During construction or renovation, pedestrian
traffic must be maintained through covered protected walkways.

Section 114-158. Manufactured Home Communities

A) Community Plan.

(1) Development plan approval required (refer to Article V for

requirements). In addition to the requirements in Article V, the
following information shall be included on the plan.
a. The site plan of the community showing streets, street widths,
corner radii, driveways, open areas, parking spaces, service
buildings, location of water courses, flood hazard areas,
easements, the number, location and size of all mobile home
lots.
b. The location of service buildings and other improvements
constructed or to be constructed within the mobile home park.
c. The location of recreational vehicles and other transient
spaces to provide for temporary travel trailers, RV’s etc.
d. Any engineering design information including topographic
survey as required by Engineering Services staff necessary to
review the construction plans. Construction plans shall be
certified by a professional engineer.
e. Recreation areas shall be provided in all parks designed to
accommodate at least 40 units and be located as to allow ease
of access to all park residents. Recreation areas may be
incorporated into unit sites or established as a separate space
f. Sidewalks shall be provided in accordance with Section 90-141
in the City of Dothan Subdivision Regulations.
(2) Before construction permits are issued for the proposed
improvements, the community plan shall be reviewed by the Planning
Commission.

Page 114 | CITY OF DOTHAN ZONING ORDINANCE

B) Setbacks, lot area and auxiliary buildings.

(1) Total minimum area shall be three (3) acres (see Table 114-132).
(2) Perimeter setbacks shall be 50 feet (see Table 114-132).
(3) Along community streets, there shall be a minimum distance of fifteen
(15) feet between the manufactured home and any abutting
community street.
(4) Minimum lot/site size. Manufactured home lots/sites shall have a
minimum lot width of fifty (50) feet and containing at least five-thousand
(5,000) square feet minimum area.
(5) Units shall be separated from each other and from other buildings or
structures by at least twenty (20) ft. Small on-site storage buildings
are permitted within ten (10) ft.
C) Permits, application and plans; manufactured home community construction.

(1) It shall be unlawful for any person to construct, maintain or operate

any manufactured home community within the city unless he holds a
valid business license issued by the city. All units shall display the
state issued tax sticker. All required permits shall be acquired from
the building permits office prior to installing any manufactured home.
Manufactured home communities are permitted only in zones or
districts as provided in Section 114-131.1 through 114-131.6.
(2) No person shall construct or alter a manufactured home community
in the city unless the plans and specifications for such park have been
submitted and approved by the planning commission in accordance
with Article V of this Chapter.
D) Environmental, open space and access requirements.

(1) Site location. The location of manufactured home community shall

comply with Chapter 42, Floods and Chapter 83, Stormwater.
(2) Site drainage requirements. Stormwater runoff shall not be shed onto
any adjacent land, either as surface runoff or via an outfall structure,
unless contained in an existing drainage easement, ditch, structure or
right-of-way or as otherwise approved by the Public Works Director.
(3) Soil and ground cover requirements. Park grounds except paved
areas shall be maintained with vegetation or other natural cover that
is capable of preventing soil erosion and the emanation of dust during
dry weather.

CITY OF DOTHAN ZONING ORDINANCE | Page 115

 (4) Manufactured home stands, skirting and tie downs
a. Each mobile home shall be placed on a foundation, except
transient homes. The foundation may consist of piers at least
eight (8) inches thick and spaced no more than one-hundred
twenty (120) inches on center under framework. The piers may
be of concrete or concrete block, as provided by the
manufacturer or installation standards of the Alabama
Manufactured Housing Commission.
b. All manufactured homes shall be required to install skirting in
accordance with the manufacturers installation instructions.
Acceptable materials may include masonry, metal, vinyl or
other materials manufactured for that purpose.
c. All manufactured homes shall be required to install tie-downs
or other devices acceptable to the Building Official to secure
the manufactured home to the ground. Installation shall be in
accordance with the manufacturer’s instructions or installation
standards of the Alabama Manufactured Housing Commission.
(5) Driveway construction and design standards. Street construction and
design standards for mobile home parks are as follows:
a. All parks shall provide safe, continuous and convenient
vehicular access from abutting public streets or roads to each
mobile home space.
b. All drive-ways shall be paved with plant mixed asphalt or
similar materials. Driveways shall be maintained free of holes
and other hazards by the owner.
c. Grades of all driveways shall be sufficient to ensure adequate
surface drainage.
d. All manufactured home spaces shall abut an interior driveway.
All interior driveways shall be no less than twenty-two (22)
feet in width. Community driveways shall have unobstructed
access to a public street or highway and be adequately
maintained by the owner of the manufactured home community.
e. In manufactured home communities where parking is permitted
on interior drives, the width of such drives shall be sufficient
to allow for parking cars.

Page 116 | CITY OF DOTHAN ZONING ORDINANCE

 f. Minimum pavement radius in a cul-de-sac shall be forty (40)
ft. unless otherwise required by the Fire Marshal. “T” or “L”
type turnarounds may be permitted.
g. Streets shall be designed with a horizontal and vertical
alignment which meets a twenty (20) mph design speed.
h. Streets shall have traffic control and street name signs as
approved by the Public Works Department and E911.
(6) Required parking. Parking shall be provided in all communities for the
use of park occupants and guests. Parking bays shall contain a
minimum of four-hundred (400) sq. ft. and be located as to provide
direct access to the manufactured home space. No direct driveway
access shall be permitted to any exterior public street.
(7) Pedestrian access. All communities shall provide safe, convenient,
all-season pedestrian access between individual mobile homes and
community facilities provided for park residents.
(8) Required illumination of park street systems. All communities shall
be furnished with electrical systems and lighting units so spaced and
equipped as to provide for the safe movement of pedestrians and
vehicles at night.
(9) Existing parks. Licensed communities with spaces in existence on the
effective date of the ordinance from which this chapter is derived
may not be expanded or renovated unless such expansion or
renovation meets the standards imposed by this chapter. Waiver of
these provisions may be granted by the planning commission based
on demonstrated need.
E) Service buildings and other community service facilities.

(1) The space separation requirements of this article shall apply to

accessory structures and community service facilities which are
required for management and servicing for community residents.
Such accessory structures may include, but are not limited to, service
buildings or other community structures containing one or more of
the following uses:
a. Park management offices, repair shops and storage.
b. Community sanitary facilities.
c. Community laundry facilities.
d. Indoor community recreation areas.

CITY OF DOTHAN ZONING ORDINANCE | Page 117

 e. Commercial uses supplying essential goods or services
primarily for the use of park residents.
(2) All mobile structures used as accessory service or community
facilities must meet the standards set by this code.
F) Water supply requirements. Every community shall be connected to a
municipal water supply and provide the infrastructure necessary to
maintain a sufficient supply of potable water, under adequate pressure, to
required fire hydrants, individual manufactured homes, service buildings
and other accessory community facilities. The water system shall be
maintained by the community owner.

G) Sewage disposal requirements. Every park shall have a sewer disposal

system adequate for conveying and disposing of sewage from mobile
homes, service buildings and other accessory facilities. Such system shall
be designed, constructed and maintained in accordance with state and
local laws and shall conform to the regulations of the health authorities
having jurisdiction. If available, the system will be connected to the city
sewer system. Provisions shall be made for sealing the sewage connection
inlet when a mobile home does not occupy the lot.

H) Garbage, Trash and Refuse disposal.

(1) All garbage, trash and refuse shall be collected by a public or private
operator and disposed of in an approved landfill.
(2) The storage, collection and disposal of refuse shall be provided and
managed to prevent health hazards, rodent harborage, insect
breeding areas, accidents, fire hazards or air pollution.
(3) All refuse shall be stored in fly-tight, watertight, rodent-proof
containers at designated locations for each manufactured home
space. Containers shall be provided by mobile home owners in
sufficient number and capacity to properly store all refuse.

(4) Grounds, buildings and structures shall be maintained free of debris

that would create habitat for vermin such as insects and rodents. The
growth of brush, weeds and grass shall be controlled to prevent
noxious weeds or heavy undergrowth not otherwise part of a buffer.

I) Electrical and Fuel gas distribution system requirements. Lots and sites in
communities shall have all electrical, natural and liquefied petroleum gas
or fuel oil supply appurtenances designed, constructed and maintained in
compliance with the City of Dothan Building Codes.

Page 118 | CITY OF DOTHAN ZONING ORDINANCE

 J) Building, Plumbing and electrical alterations and additions. All building,
plumbing and electrical alterations, repairs or additions shall require a
permit and be made in accordance with applicable local regulations.

K) Registration of occupants. Every mobile home park owner or operator shall

maintain a register containing a record of all mobile homes and occupants
using the mobile home park as provided by state law.

L) Compliance with regulations; supervision of park. The person to whom a

permit for a mobile home park is issued shall at all times operate the park
in compliance with this article and shall provide adequate supervision to
maintain the park, its facilities and equipment in good repair and in a clean
and sanitary condition at all times.

M) Inspection. The health officer and/or building official are hereby

authorized and directed to make inspections to determine the condition of
any unit or structure located within the community in order that the health
and safety of occupants and of the general public may be safeguarded.

Section 114-159. Individual manufactured homes parked on a private lot.

A) It shall be unlawful for any manufactured home to be parked in any

residential zone other than a mobile home park complying with the
provisions of this section without a special exception granted by the board
of zoning adjustment.

B) The temporary parking of mobile homes may be allowed by the building

official for office use in any district during the period of construction
activity.

C) After a special exception has been granted by the board of zoning

adjustment, the building official will issue a permit in accordance with the
special exception.

D) Any mobile home parked for any purpose on a single lot prior to the
effective date of the ordinance from which this chapter is derived shall be
legally nonconforming until such time as the mobile home is moved.
Thereafter, it must be in compliance with this chapter.

E) The undercarriage of any unit parked outside a manufactured home

community or subdivision, other than mobile homes parked for display on
a mobile home sales lot, shall be screened with a material manufactured

CITY OF DOTHAN ZONING ORDINANCE | Page 119

 for that purpose, unless the mobile home has been placed on a permanent
foundation which conceals the undercarriage.

F) In a manufactured home sales lot, temporary screening shall be provided

for the undercarriage of any mobile home parked for display along any
public right-of-way.

Secs. 114-160 to 114-169. Reserved.

(The remainder of this page has been left blank intentionally.)

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 Article XI. Supplemental Regulations.

Sec. 114-170. Purpose.

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

Sec. 114-171. Nonconforming uses.

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:
A) The use or structure is discontinued for a continuous period exceeding six (6)
months or for an aggregate of eighteen (18) months during any thirty-six (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.
B) The use is extended, expanded or altered except in conformity to this chapter.
C) 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.

Sec. 114-172. Nonconforming buildings and/or structures.

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 one hundred

CITY OF DOTHAN ZONING ORDINANCE | Page 121

 (100) feet of each side thereof. Neither side yard shall be reduced to less than
five (5) 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.
Sec. 114-173. Nonconforming lots of record.

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 (1) 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.

Sec. 114-174. Building lots, yards and open spaces.

A) In each zoning district, each building and/or structure erected extended or altered
shall comply with the dimensional regulations set forth in this ordinance.
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.
Sec. 114-175. Reduction in lot area prohibited.

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

Sec. 114-176. Corner visibility in residential and local business districts.

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.

Sec. 114-177. Swimming or wading pools.

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 (10) 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.

Page 122 | CITY OF DOTHAN ZONING ORDINANCE

Sec. 114-178. Storm shelters.

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.

Sec. 114-179. Future street lines.

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.

Sec. 114-180. Height.

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 twenty-five
percent (25%) of the area of the lot.

Sec. 114-181. Area modifications for lots of record.

Where a lot of record at the time of the effective date of this ordinance 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.

CITY OF DOTHAN ZONING ORDINANCE | Page 123

Sec. 114-182. Off-street automobile parking and loading requirements.

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.

Page 124 | CITY OF DOTHAN ZONING ORDINANCE

D) Size, location and design

(1) Each off-street parking space shall be not less than nine (9) feet by
eighteen (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 six thousand
(6,000) lbs. 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.

CITY OF DOTHAN ZONING ORDINANCE | Page 125

 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 areas used for kitchen, hot/cold storage, office space and
other non-customer areas.

Page 126 | CITY OF DOTHAN ZONING ORDINANCE

 TABLE 1
MINIMUM PARKING SPACES REQUIRED
Spaces Required per Queuing
Use Other Standard
unit specified Space

Automobile 1 per 400 sf

- 1 space per service bay
Repair/Maintenance office/seating area
1 space per 4 seats 1 space per 40 sq. ft.
Assembly (Churches, maximum capacity floor area
-
Movie Theaters, etc.) (Based on accommodating
permanent seating)- moveable seats
Bank/Financial w/o
1 per 200 sf GFA - 1 per employee
Drive-in
3 per
Bank/Financial w/
1 per 200 sf GFA service 1 per employee
Drive-in
lane
Bar, Lounge, Nightclub 1 per 100 sf GFA 1 per employee
Plus 1 space per 100 sf
Bowling Alley 2 spaces per alley used for associated
amusement activities
2 per car
Convenience Store w/ Pump spaces shall not
1 per 150 sf GFA wash
Gas Sales be included.
queue
1 loading space per 10
children. Parking or
loading spaces
designated for children
1 per employee on
Day Care Center 5 per lane shall be located so that
largest shift
direct pedestrian access
is provided into the
facility without crossing
streets or driveways.
Drug Store/Pharmacy 1 per 200 sf GFA 3 per lane -
Grocery Store (stand-
1 per 250 sf GFA - 1 per employee
alone)
Space designated for
Home Improvement
1 per 200 sf GFA - seasonal/outdoor
Warehouse
storage of merchandise
Medical Clinic 1 per 150 sf GFA - -

CITY OF DOTHAN ZONING ORDINANCE | Page 127

 TABLE 1 -Continued
MINIMUM PARKING SPACES REQUIRED
1 space per 200 sf
Health Club - 1 per employee
exercise area
1 per 300 sf of office
Hospital 1 per 1.5 beds -
space
1 space per 4 fixed
1 space per 200 sf
Gymnasium seats or 1 space per 8
floor area
ft. of bench seating
Parking for accessory
uses (restaurant,
1 space per room
Hotel/Motel - lounge, etc.) in
plus 1 per employee
accordance with the
applicable standard.
1 space per 1,000 sf
Industrial, manufacturing or
1 space per company
Manufacturing, warehousing area, -
vehicle stored on site.
Processing, Wholesale plus 1 per 300 sf
office
1 space per 350 sf
Library, Club or Lodge - -
GFA
Mini-storage 1 space per 10 units - 1 per employee
2 spaces per 1,000
1 per employee, 1 per
Nursery sf of outdoor display -
company vehicle
area
Nursing Home/Group
1 space per 4 beds - 1 per employee
Care
1 spaces per 200 sf
Office Uses - -
GFA
1 & 2 bedroom units
Residential, Multi-
- 1.4 spaces; all - 1 space per employee
family
others 2 spaces
Residential, Single- 2 spaces per single-
- -
family family dwelling unit
3 from the
1 space per 40 sf of 1 per employee on the
Restaurant, Fast Food menu
public floor area largest shift
board

Page 128 | CITY OF DOTHAN ZONING ORDINANCE

 TABLE 1 -Continued
MINIMUM PARKING SPACES REQUIRED
1 per employee on the
Restaurant, Sit Down 1 space per 4 seats -
largest shift
6 spaces plus 1
Self-storage 24 ft. minimum building
space per 200 sf of -
Warehouse separation
office
Shopping Center,
General Retail/Service 1 space per 200 sf
- -
Not Specified up to GFA
50,000 sf
Shopping Center,
General Retail/Service 1 space per 225 sf
Not Specified 50,000– GFA
90,000 sf
Shopping Center,
General Retail/Service 1 space per 250 sf
Not Specified over GFA
90,000 sf
1 space per 300 sf
High Bulk Retail
GFA
Veterinary 1 space per 500 sf
- 1 per employee-
Office/Clinic GFA
1 space per 1 space per company
Warehousing/Industrial
employee on the - vehicle stored on the
Processing
largest shift property.
GFA – Gross Floor Area

H) 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 fifteen percent (15%) 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

CITY OF DOTHAN ZONING ORDINANCE | Page 129

 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 six-hundred-sixty (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.

Sec. 114-183. Conforming buildings and/or structures.

A) Principal buildings and/or structures. It is the intent of this section that there shall
be but one (1) 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 (1) 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 (10) feet from any building and/or
structure and a minimum of five (5) 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.

Page 130 | CITY OF DOTHAN ZONING ORDINANCE

 d. Shall not be used for storage of hazardous, incendiary or noxious
materials and shall not be located nearer than one-hundred (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 sixty (60) days on site front, back
or side. After sixty (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 (10) feet from the waterline to any property line and shall be
completely enclosed by a fence or wall at least four (4) 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 (5) 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. However, no fence or
hedge located in a required front yard shall exceed four (4) feet in
height unless it meets the minimum required front yard setback for
the zoning district in which it is located.
c. In areas where the property faces two (2) roadways or is located in
any other area construed to be a corner lot, no opaque fence or
hedge exceeding two (2) feet in height shall be located in the line of
sight.
d. No fence shall generally exceed six (6) feet in height; however,
fences may be approved by the building official of a maximum of

CITY OF DOTHAN ZONING ORDINANCE | Page 131

 eight (8) 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.

(4) Awning, carport or porch.

An unattached awning, carport or porch, open on three (3) 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 (5) 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. start
c. Attached carports constructed of fire resistant materials may be
approved within five (5) ft. of the property line following notification
to adjacent property owners. Any written objections filed within 5
business days shall cause the application to be forwarded to the
Board of Zoning Adjustment for review and determination according
to the procedures in 114-98. In no case shall the carport be located
closer than 5 ft. 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.

Page 132 | CITY OF DOTHAN ZONING ORDINANCE

a. Purpose. The purpose of this section is to provide for inexpensive
housing units to meet the needs of families and making housing
available to family members who might otherwise have difficulty
finding homes. This section is also intended to protect the property
values and residential character of neighborhoods where accessory
apartments are located.
b. 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 sq. ft.
2. No more than one (1) accessory apartment shall be permitted
on any residential lot.
3. An accessory apartment shall not exceed eight-hundred (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 (1) story accessory apartment shall be set back a
minimum of ten (10) feet from any property line and ten (10)
feet from any existing buildings. Any two (2) 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.

CITY OF DOTHAN ZONING ORDINANCE | Page 133

 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 setback a minimum of fifteen (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 (1) accessory apartment shall be permitted
on any lot.
3. An accessory apartment shall not exceed eight-hundred (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 (1) story accessory apartment shall be set back a
minimum of ten (10) feet from any property line and ten (10)
feet from any existing building.
7. One (1) parking space shall be provided for the accessory
apartment.
8. A manufactured home may not be used as an accessory
apartment.

Page 134 | CITY OF DOTHAN ZONING ORDINANCE

 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.

Sec. 114-184. Regulations applying to all districts.

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 one-hundred (100) feet
each side thereof, but in no case shall it be less than fifteen (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.

CITY OF DOTHAN ZONING ORDINANCE | Page 135

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.

Sec. 114-185. Street address standards.

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.

Page 136 | CITY OF DOTHAN ZONING ORDINANCE

 (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.

CITY OF DOTHAN ZONING ORDINANCE | Page 137

 (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.

Sec. 114-186 Joinder of Lots.

A) Unity of Title Declaration. Wherever it is necessary that two (2) 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 Ordinance, 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

Page 138 | CITY OF DOTHAN ZONING ORDINANCE

 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.

Secs. 114-186 to 114-206. Reserved

CITY OF DOTHAN ZONING ORDINANCE | Page 139

Page 140 | CITY OF DOTHAN ZONING ORDINANCE
 Article XII. Signs and Billboards.

Section 114-207. Purpose and Scope

A) Provide uniform sign standards and regulations in order to protect the health,
safety and welfare, convenience, enjoyment of the general public.
B) Promote a positive City image reflecting order, harmony and pride, and thereby
strengthening the economic stability of The City of Dothan’s business, cultural,
historical, and residential areas.
C) In the consideration of these regulations, it is determined that signs with a
commercial or non-commercial message are a proper use on private property
having the function of identifying businesses, services, residences, events and
other matters of public interest.
D) Signs shall be regulated according to standards for the number, size, height,
spacing and illumination in the interest of the public safety and welfare and
promote a higher aesthetic and visual character in all areas of the city.
E) Nothing in these regulations is intended to inhibit an individual’s right to express
non-commercial messages protected by the First Amendment to the Constitution
of the United States.
F) The requirements of these regulations shall apply to all signs, sign structures,
awnings, and other types of sign devices located in the City of Dothan except:
(1) signs that cannot be seen from the public roadway and are located entirely
on private property,
(2) signs that are located in any existing or future overlay district or planned
unit development are subject to the requirements or restrictions established
in those ordinances.

Section 114-208. Severability Clause. Should any part, section subsection, paragraph,
subparagraph, sentence, phrase, clause, term, or word of this Article be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction,
the declaration of such unconstitutionality shall not affect any other part, section
subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this
chapter.

Section 114-209. Administration and Enforcement. Administration of these regulations

shall follow the procedures outlined in Article III. The administrative official may
implement procedures and policies, create forms and applications for the purpose of
implementing these regulations.

Section 114-210. Definitions. Definitions specific to signs and billboards may be found
in Article II of this Chapter.

Section 114-211. Signs Not Needing a Permit. The following signs may be erected
without a sign permit and are not included in the determination of allowable numbers,

CITY OF DOTHAN ZONING ORDINANCE | Page 141

type, area, illumination of signs, etc. Nothing in this section shall exempt an individual,
who desires to erect a sign from the necessity of obtaining a building permit, should
such be required by the adopted building code. Signs permitted by this section must
conform to the standards enumerated and shall not be placed or constructed in a way
that creates a hazard of any kind. Exemption from permitting shall not relieve the
owner of the sign from the responsibility for ensuring its erection, placement and
maintenance in accordance with all other provisions of this ordinance. Signs allowed
without a permit shall be limited to the following:

A) Any sign required to be maintained or posted by law or governmental order, rule

or regulation.

B) Public warning signs which indicate a dangerous or hazardous condition or

trespass warning so long as they do not contain logos or text advertising a
commercial product or activity.

C) Address numbers complying with Section 114-185 of this chapter.

D) Flags or insignia of any government, religion, association, fraternal order,

charitable organization, academic, corporate, sporting or civic organization
except when displayed in connection with commercial promotions. Flags of the
United States must be flown in a manner that meets U.S. Congressional protocol
(see United States Code, Title 36, Chapter 10).

E) Normal servicing of previously permitted sign structures, including a change of

copy for billboards and a panel change in structures designed to allow
changeable copy.

F) Memorial signs or tablets, historical markers, name of building signs and dates of
erection when cut into any masonry surface or when constructed of bronze or
other such durable and noncombustible materials and attached to the surface of
the building.

G) Directory signs listing the businesses, tenants, or activities conducted within a

building or group of buildings may be erected so long as they do not exceed
twenty (20) square feet and are limited to one sign per building.

H) Window signs not exceeding twenty-five percent (25%) of the glass area (pane)
to which they are applied.. Window signs shall be included in the total area
allowed.

I) Changing the copy, announcement or message on a manual reader board.

J) Cleaning, painting or maintaining a sign that does not otherwise alter the size, or
height of the sign.

Page 142 | CITY OF DOTHAN ZONING ORDINANCE

K) Murals or other forms of public artwork provided any sponsorship information or
logo does not exceed one and one-half (1.5) sq. ft.

L) Time and temperature signs are permitted on non-residential parcels

notwithstanding a general prohibition on animated signs. These signs may only
display numerical information related to the time of day and/or temperature and
must be kept accurate. They may be freestanding or attached to a building and
are subject to any other applicable regulations. They shall not be counted as
part of the occupant's allowable sign area.

M) Vehicle signs. Signs attached to a vehicle or trailer that is used in the normal
day to day operation of the business being advertised and serves a useful
function in the transportation of persons or commodities from one place to
another. Signs attached to a vehicle or trailer and parked at a location other than
the registered place of business are prohibited.

Section 114 –212. Prohibited Signs. It shall be unlawful to erect, cause to be erected,
maintain or cause to be maintained, any sign not expressly authorized by, or exempted
from, these regulations. Unless indicated elsewhere, the following signs are expressly
prohibited in all zoning districts of the City of Dothan.

A) Signs erected without a permit.

B) Window Signs exceeding twenty-five (25%) of the glass area (pane) to which
they are applied.

C) Signs attached or affixed to any tree, building, or other structure other than a
frame for which it was designed.

D) Any sign or sign structure identifying a previous use or activity that has not
occupied the site for a period greater than sixty (60) days, does not maintain a
current business license or pertains to a time, event or purpose which no longer
applies shall be deemed abandoned and a violation of the ordinance.

E) Signs in violation of the building code or electrical code adopted by the City of
Dothan.

F) Beacons, or strobe lights;

G) Searchlights in operation exceeding three (3) consecutive days per year.

H) Any sign that, in the opinion of the administrative official, does or will constitute
a safety hazard.

I) Signs with visibly moving, revolving, or rotating parts or visible mechanical

movement of any description or other apparent visible movement achieved by
electrical, or mechanical means or that emit audible sounds, vapor, smoke, steam
or involves the use of live animals (see section 114-220).

CITY OF DOTHAN ZONING ORDINANCE | Page 143

J) Signs consisting of moving, rotating or flashing lights or that otherwise contain
animated displays by either mechanical or electronic means.

K) Freestanding signs which project into the public right-of-way except as

otherwise permitted by these regulations [see Section 114-219 (E) & (F)].

L) Signs in the public right-of-way. Such signs are subject to removal without
notice.

M) Signs that are of such intensity or brilliance as to cause glare or impair the vision
of motorists, cyclists, or pedestrians or that illuminate adjacent residential areas
(see section 114-222).

N) Signs mounted to the structure of the roof and that project above the roof line.

O) Signs placed or painted or displayed on a motor vehicle or trailer parked or

towed with the primary purpose of providing advertising for a product, service,
business or activity not established at that location.

P) Posters or handbills affixed to any structure or natural object in the right-of-

way.

Q) Temporary signs such as portable signs, A-frame signs, wind signs, captive
balloons or banners except as permitted under the temporary signs provisions
below.

R) Pursuant to 23-1-6 Code of Alabama, signs, markers, and advertising on the

rights-of-way of state controlled highways are prohibited except those official
signs or markers placed thereon by the State Department of Transportation or
under its authority.

Section 114-213. Permit Required. Permanent signs require a permit and are to be
located, placed, constructed, erected or modified on a lot or parcel as described on the
permit application.

A) No new permit shall be issued until all signs on the site comply with the
provisions of this Article.

B) Applicability. No person shall erect, alter, relocate, repair, or change a sign

without first obtaining a permit unless a permit is not required in accordance with
Section 114-211.

C) Permit Contents. It shall be the applicant’s responsibility to submit a complete

application to the Planning and Development Department on a form provided for
that purpose signed by the property owner and/or sign owner and the sign
contractor including all submission materials as described below.

Page 144 | CITY OF DOTHAN ZONING ORDINANCE

D) Signs requiring electrical service, foundation work, etc. shall obtain a building
permit conforming to the adopted building code and inspection requirements and
the standards contained in this article. The building permit shall also be the sign
permit. A permit application shall be required for each sign and accompanied by:

(1) Payment in the amount of $50.00 per sign per trade inspection shall be
made to the Inspections Services Office when the permit is issued.

(2) Two (2) copies of a site plan, drawn to scale, indicating the location of all
existing and proposed signs, both freestanding and wall mounted relative
to public right-of-way, lot lines, easements and buildings on the site.
Design drawings for each sign including the dimension of any supporting
structures including the maximum height of the sign as measured from
finished grade.

(3) Construction data shall be provided for signs exceeding a height of twenty
(20) ft. including but not limited to; electrical load, wind load, anchorage or
footing details certified by a Registered Engineer licensed to do business
in the State of Alabama. The Building Official may require construction
data for any sign.

(4) Plans and specifications and methods of construction, electrical

connections and attachment to the building or the ground for any free
standing sign or projecting sign

(5) Front façade with linear dimensions and calculation of sign size.

(6) The type of illumination to be used.

(7) A general description of materials to be used (metal, plastic, wood, etc.).

(8) Any other data that the administrative official considers necessary to
adequately review the application.

E) Signs not requiring electrical service, foundation work, etc. shall first obtain a
sign permit conforming to the standards contained in this article. A permit
application shall be required for each sign and accompanied by:

(1) Payment in the amount of $25.00 shall be made when the sign permit
application is submitted.

(2) Two (2) copies of a site plan, drawn to scale, indicating the location of all
existing and proposed signs, both freestanding and wall mounted relative
to public right-of-way, lot lines, easements and buildings on the site.

(3) Front façade with linear dimensions and calculation of sign size.

CITY OF DOTHAN ZONING ORDINANCE | Page 145

 (4) A general description of materials to be used (metal, plastic, wood, paint,
etc.).

(5) Any other data that the administrative official considers necessary to
adequately review the application.

F) A placement permit is required for temporary signs as defined in Section 114-

220. There is no charge for a placement permit. Placement permits are required
to establish the beginning and end dates that a temporary sign will be on display.
Permit forms are available online and may be emailed or faxed to the Planning
and Development office according to the instructions on the form. Placement
permits are valid for thirty (30) days prior to installation.

G) Procedures. Sign Permits shall be processed as follows:

(1) Complete applications shall be submitted to the Department of Planning

and Development for review.

(2) The application shall be reviewed for conformance with these regulations
and approved or denied based on the information provided. If denied, the
applicable provisions of these regulations shall be specified.

(3) A determination shall be given within five (5) business days on a complete
application. If a building permit is also required, the permit application
shall be forwarded to the Inspections Services office for processing. The
building permit shall also be the sign permit.

(4) The permit shall be valid for one hundred-eighty (180) days after
issuance.

Section 114-214. General Provisions for Permanent On-Premise Signs

A) Permanent on-premise signs are allowed in all zoning districts.

B) All signs or sign structures must be erected and attached totally on or within the
site or property to which the message refers.

C) Unless specified elsewhere in these regulations, no portion of any type of sign

shall project or be located closer than three (3) feet from the nearest right-of-
way line or property line.

D) The owner of any sign projecting into the right-of-way or placed on or over a
public sidewalk shall be liable for damage to any property or injury to any person
caused by the placement or failure of any supporting structure.

E) A-frame signs may be used in the E & HC/G subdistricts in the Downtown
Overlay District but shall not impede or obstruct a pedestrian zone of at least six
(6) ft. in width, be located in the street or be larger than ten (10) sq. ft. in area.

Page 146 | CITY OF DOTHAN ZONING ORDINANCE

F) The height and location of the sign shall not create any traffic or visual
obstructions as defined in Section 98-10 in the Dothan Code of Ordinances.

G) Multiple signs may be placed on the same parcel frontage but shall be a minimum
of three-hundred (300) ft. apart.

H) Signs must be kept in good repair and properly maintained including all electrical
elements, paint, and condition of the support structure. Failure to do so is a
violation of this ordinance.

I) Billboards located on a parcel and are being used to advertise a good or service
located on that parcel is considered on-premise and must comply with all
applicable provisions of these regulations.

J) Signs must be constructed with and be composed of permanent, durable,

weatherproof material that are not consumed or destroyed in use and can be
used for a period of time, usually three (3) or more years.

Section 114-215. General Provisions for Permanent Off-Premise Signs. Permanent off-
premise signs (billboards) are allowed in certain zoning districts as indicated in the
Table of Uses (Section 114-131.1) provided that all permits are obtained and the
following requirements are met:

A) The maximum size of each off-premise sign located five-hundred (500) feet or
more inside Ross Clark Circle shall not exceed four-hundred (400) square feet.
Off-premise signs located elsewhere in the city shall not exceed six hundred
seventy-five (675) sq. ft.

B) The height of off-premise signs may not exceed sixty-five (65) ft. from the base
of the sign.

C) The lowest portion of sign may not be less than be sixteen (16) ft. above
adjacent road grade.

D) The required setback from any property line (including right-of way) for each
off-premise sign shall be ten (10) feet from the edge of the board.

E) Spacing shall be five-hundred (500) feet between off-premise signs located on

the same side of the street.

F) Off premise signs shall not be located one above the other or side by side.

G) All off-premise signs shall be of all-metal single-pole construction except for

the sign face and trim which may be of other durable materials.

H) All construction and clearing debris shall be removed from the site upon
completion of construction.

CITY OF DOTHAN ZONING ORDINANCE | Page 147

I) Off premise signs shall be located no closer than one-hundred (100) feet to any
residentially zoned district.

J) Off Premise signs may contain digital or electronic displays but;

(1) Shall not contain or appear to contain any movement such as animation,
flashing, scrolling, intermittent, rotating or moving lights or full motion
video.

(2) The entire message shall remain on for at least eight (8) seconds.

(3) Transition time to the next image shall be no greater than two (2)
seconds.

(4) Spacing between structures with digital displays, whether single face or
back to back, shall be a minimum radius of two-thousand (2,000) feet from
the center of the display.

(5) Must be located within a one-thousand (1,000) ft. radius of intersecting

state highways and arterial streets as defined in Article II as a “Major
Thoroughfare”.

(6) No digital billboard may be erected at the intersections of Main St. and
Park Ave., Main St. and Woodland Dr., and Woodland Dr. and Fortner St.

(7) Brightness of the display shall be controlled automatically to reduce light

levels at night or under cloudy or other darkened conditions and shall not
be brighter than is necessary for clear and adequate visibility, or that
might impair the vision of a driver, or interferes with traffic control and
comply with Section 114-222 Illumination Standards.

(8) Digital displays may not be located nearer than two-hundred fifty (250) ft.
from any residential district.

(9) Subject to normal permitting procedures and structural capabilities,

existing conforming billboards and structures may be converted to
accommodate electronic or digital technology subject to compliance with
all other provisions and requirements of this Chapter (setbacks, spacing
criteria, etc.).

Page 148 | CITY OF DOTHAN ZONING ORDINANCE

Section 114-216. Measurement Standards

A) Signs with integral background. The area of

a sign with a clearly defined background
shall be the area of the smallest standard
geometric shape capable of encompassing
the sign copy and background. Where the
sign copy is contained with multiple
background areas separated by open space,
the sign area shall be expressed as the sum
of the separate areas of each background
and without regard to the open space
between the separate background areas.

B) Signs without integral backgrounds. Where

a sign consists of individual elements such
as letters, symbols, or graphic objects that
are painted on, attached to or otherwise affixed to a surface that is not
specifically designed to serve as a sign background, the sign area shall be the
sum of the areas of the smallest standard geometric shape capable of
encompassing the sign copy.

C) Multi-faced Signs: The sign area for a sign with more than one (1) face shall be
computed by adding together the area of all sign faces visible from any vantage
point.

D) The height of a sign shall be computed as the distance from the base of the sign
to the top of the highest attached component of the sign exclusive of any filling,
berming, mounding, or excavating solely for the purpose of locating the sign.
Where a freestanding sign is mounted along a roadway, height shall be measured
from the grade of the road to the highest attached component of the sign.

E) The addition of cladding covering the support structure is encouraged and shall
not be considered in the calculation sign area unless the cladding exceeds 25%
of the width of the sign face. The cladding shall not to exceed 30 inches total
width.

F) Monument signs, including embellishments, shall not exceed twelve (12) ft. in
width or eight (8) ft. in height.

CITY OF DOTHAN ZONING ORDINANCE | Page 149

G) Illustrations
Freestanding sign with thematic
embellishment and concealed
support. Calculate sign face area
by actual panel dimensions
containing copy. Do not include
cladding in calculation unless
width is greater than 25% of sign
face or 30 inches.

Freestanding sign with exposed

pole support. Calculate sign face
area by actual panel dimensions
containing copy.

Freestanding monument sign with

thematic embellishment and
concealed support. Calculate
sign face area by defining
smallest geometric figure drawn
around sign copy unless copy is
integral to background.

Page 150 | CITY OF DOTHAN ZONING ORDINANCE

Section 114-217. Sign Standards in Residential Districts. Unless specified elsewhere in
this article, sign standards for on-premise signs in a residential district are described
below and in Table 1.

A) Residential development signs may be placed on two (2) separate structures

flanking the entrance, each face being of equal size (32 sq. ft. max.) or may be on
one (1) double faced structure, each face being of equal size (48 sq. ft. max).

B) All signs shall be maintained perpetually by the developer, the owner of the sign,
a pertinent homeowners association or some other person who is legally
responsible.

C) Non-residential uses located in a residential district may have one (1) sign per
street front but shall maintain a separation distance of three-hundred 300 ft.
between signs.

CITY OF DOTHAN ZONING ORDINANCE | Page 151

 Table 1 - Signs in Residential Districts
Number
Types of Permitted Maximum
of Lighting
Signs Sign Area Height
Signs
Individual Residential
Properties Freestanding 1 per
Single Family Detached or street 6 SF 6 ft. None
or Attached, Wall front
Townhomes
1 per 32/48 SF Internal
Monument street see A 8 ft. or
front above External
Residential 5% of Internal
1 per
Developments Wall façade N/A or
facade
area External
Single -Family NA -
Subdivisions, but not
Apartment/Condominium Incidental or visible
Complexes N/A N/A None
Directional from
public
R/W
1 per Internal
Monument street 48 SF 8 ft. or
front External*
5% of Internal
1 per
Wall façade N/A or
facade
area External*
Permitted Non-
Residential Uses in N/A -
Residential Districts but not
Incidental or visible N/A N/A None
Directional from
public
R/W
*Illumination (including EMC signs) of signs for non-residential uses
in residential districts requires Special Exception approval. See
Section 114-221 & 222 for standards.

Section 114-218. Sign Standards for Office and Institutional Districts. Sign standards for
on-premise signs in an Office or Institutional district (O-I, O-2 and O-3) are described
below and in Table 2.

A) Any sign permitted in a residential district where that use is also permitted in an
Office or Institutional District.

Page 152 | CITY OF DOTHAN ZONING ORDINANCE

B) Freestanding signs for an office building or institutional uses may be placed on
two (2) separate structures flanking the entrance, each face being of equal size
(32 sq. ft. max.) or may be on one (1) double faced structure, each face being of
equal size (48 sq. ft. max). Signs may be placed at secondary entrances not
exceeding nine (9) sq. ft. or be taller than eight (8) ft. Wall signs are permitted
as described in Table 2.

C) Freestanding signs for an office park development with multiple buildings may be
placed on two (2) separate structures flanking the entrance, each face being of
equal size (32 sq. ft. max.) or may be on one (1) double faced structure, each
face being of equal size (64 sq. ft. max). Signs may be placed at secondary
entrances not exceeding nine (9) sq. ft. or be taller than eight (8) ft. Wall signs
are permitted as described in Table 2.

D) Wall signs for Office or Institutional uses shall be as specified in Table 2.

E) Freestanding signs are not permitted for a neighborhood office development or

building. Wall signs may not exceed five percent (5%) of the façade area or
twenty-four 24 sq. ft. whichever is smaller.

Table 2 - Signs in Office and Institutional Districts

Types of Number of Permitted Maximum
Signs Signs Sign Area Height
1 per 32/48 SF
Freestanding street See B 8 ft.
front above
Less of
Individual Properties 10% of
Wall 1 per side N/A
façade area
or 42 sq. ft.
EMC allowed – see Section 114-221 & 222 for standards.
Special Exception required when located in a residential district.
1 per
Freestanding street 32/64 SF 12 ft.
front
Less of 5
3 per % of façade
Wall N/A
Office Parks or Multiple façade area or 42
Occupancy Buildings SF per sign
N/A - but
Incidental or not visible
N/A N/A
Directional from public
R/W
EMC allowed – see Section 114-221 & 222 for standards.

CITY OF DOTHAN ZONING ORDINANCE | Page 153

Section 114-219. Sign Standards for Commercial or Industrial Districts. Sign standards
for on-premise signs in Commercial or Industrial districts are described below. Area
and height dimensional standards are provided in Table 3 for free-standing signs and
Table 4 for wall mounted signs.

A) Freestanding Signs Generally. Signs may be placed in a freestanding location on

a commercial or industrial zoned parcel subject to the following limitations:

(1) All free standing signs must comply with wind load criteria established for
this region.

(2) Multiple Frontages. For a parcel having frontage on two (2) or more
public streets, each frontage shall be considered separately for the
purposes of determining compliance with the provisions for freestanding
signs.

(3) If the property has multiple frontages, the permitted sign area for one (1)
frontage may not be combined with that permitted on another frontage to
increase the permitted sign area on one (1) frontage.

(4) On the same parcel, no freestanding sign on one (1) frontage may be
closer than one hundred (100) feet to a sign on another frontage.

(5) Allowable sign area may be divided among multiple signs provided they
are at least three-hundred (300) feet apart.

(6) Signs at secondary entrances shall be permitted for shopping centers or

industrial parks but shall not exceed nine (9) sq. ft. or be taller than eight
(8) ft.

(7) Except as modified above, buildings containing multiple units are limited to
one (1) freestanding sign regardless of unit ownership.

B) Freestanding Sign Size by Posted Speed Limit. Sign size is recognized to be a

function of legibility, reaction time and reaction distance. The following table
establishes sign size and height given the posted speed limit. Unless specified
elsewhere, the area and height above grade of any free standing sign shall not
exceed the amounts specified in Table 3.

Page 154 | CITY OF DOTHAN ZONING ORDINANCE

 Table 3 – Freestanding Signs in Commercial & Industrial Districts
Values indicated are maximum limits on a sign size and height.
A = Sign Area in Square Feet; H= Sign Height in Feet
Zoning District B-1 B-2 B-3 L-I or H-I
Speed Limit A H A H A H A H
>25 24 14 78 26 50 22 78 26
30 28 16 112 30 72 26 112 30
35 32 18 153 36 98 30 153 36
40 200 42 128 34 200 42
45 253 42 162 38 253 42
50 312 42 200 42 312 42
55 378 42 378 42

C) Building Signs. Unless expressly prohibited or modified elsewhere in this

Article, signs may be attached to a wall, fascia, or awning or permanently applied
to a window of a building subject to the following standards:

(1) The total area of all signs affixed shall not exceed an area computed as a
percentage of the building façade facing the public right-of-way including
window and door areas subject to the limitations in Table 4 below.

(2) In the case of a shopping center or a group of stores held in single and
separate ownership, the provision of this section relating to the total area of
signs permitted on the premises shall apply with respect to each building or
separate store. Only building signs shall be permitted for individual stores.

Table 4 - Building Signs

Distance of sign from Road Percentage of Façade Area

10% with no individual sign
1 to 100 ft.
exceeding 100 sq. ft.
15% with no individual sign
101 to 300 ft.
exceeding 125 sq. ft.
20% with no individual sign
Over 300 ft.
exceeding 150 sq. ft.

CITY OF DOTHAN ZONING ORDINANCE | Page 155

 (3) Each multiple occupancy complex may display one (1) building sign on each
side of the principal building or buildings in the complex, not to exceed the
sign face area calculated from Table 4.

(4) Each occupant located in a multiple occupancy complex may display two (2)
signs on any exterior portion of the complex that is part of the occupant's
unit, not including common or jointly owned portions, not to exceed the sign
face area calculated from Table 4.

D) Signs on Awnings or Canopies.

(1) Canopy signs, marquee signs and signs on architectural projections are
signs mounted or affixed to either a structure that projects off the face of a
building at least eighteen (18) inches or is mounted to a freestanding
structure not attached to a building that effectively covers an area below.

(2) Signs shall be affixed in an essentially flat plane to the face of the canopy,
marquee or architectural projection and are permitted in commercial and
industrial zones but shall not exceed forty percent (40%) of the area of the
mounting surface. The area of any sign shall count towards the total façade
area in Table 4.

(3) Signs may be affixed or applied to the face or sides of an awning provided
the copy area does not exceed forty percent (40%) of the area to which it is
affixed or applied. The area of any sign shall count towards the total façade
area in Table 4.

E) Projecting Signs – Notwithstanding the general prohibition of signs in the right-

of-way, signs attached to the face of a structure that project over the right-of-
way are permitted in the B-1 district only subject to the following standards:

(1) Projecting signs shall be limited to one (1) per façade except for uses that
front on more than one (1) street in which case, one (1) sign shall be
permitted per façade. For buildings with a façade exceeding two-hundred
(200) linear feet, one (1) sign shall be permitted for each two-hundred (200)
linear feet.

(2) The area of a projecting sign shall not exceed one (1) square foot per two
(2) linear feet of building facade. No projecting sign shall exceed the area
indicated in Table 3 for the speed limit on which the façade fronts.

(3) Projecting signs may not extend above the highest point on the façade or
occupy a vertical dimension greater than twenty-five percent (25%) of the
total façade height.

(4) Projecting signs may not extend over a public sidewalk greater than one-
half (1/2) the distance to the street curb or eight (8) ft. whichever is less.

Page 156 | CITY OF DOTHAN ZONING ORDINANCE

 (5) Projecting signs shall be no lower than ten (10) ft. above the sidewalk.

(6) Projecting signs shall not be permitted in addition to any permitted free-
standing sign on that street front.

F) Under Canopy/Awning Signs - Notwithstanding the general prohibition on signs

in the right-of-way, signs attached to the underside of a permitted canopy or
awning that project over the right-of-way are permitted in the B-1 district only
subject to the following standards:

(1) No more than one (1) Under Canopy/Awning Sign shall be permitted per
establishment per façade.

(2) There shall be a minimum of eight (8) feet of clearance below the bottom
edge of the Under Canopy/Awning Sign.

(3) No Under Canopy/Awning Sign shall exceed four (4) square feet in size.

(4) An Under Canopy/Awning Sign shall be limited to a maximum of two (2) feet
in height and four (4) feet in length but may not exceed the projection of the
Awning or Canopy.

(5) Under Canopy/Awning Signs shall be oriented perpendicular to the adjacent

wall, located directly adjacent to the business entrance and attached in a
manner acceptable to the Administrator that prevents swinging.

(6) The area of Under Canopy/Awning Signs shall count towards the total
façade sign area permitted in Table 4.

(7) Under canopy mounted signs shall be securely attached as approved by the
building official.

(8) Under Canopy/Awning Signs may be illuminated with an indirect or external

light source not otherwise attached to the sign; internally illuminated and/or
neon signs are specifically prohibited.

Section 114-220. Temporary Signs. Temporary forms of advertising may be used by

commercial establishments subject to the limitations below. For the purpose of these
regulations, temporary signs include commercial banners, portable signs on fixed legs
or wheels and wind signs (see definition). The permittee shall be directly responsible
for the condition of the sign.

A) A placement permit for a temporary sign is required [see Section 114-213 (E)].

B) No temporary sign shall be used as a permanent sign.

C) Temporary signs may only be used for on-premise advertising.

CITY OF DOTHAN ZONING ORDINANCE | Page 157

D) Temporary signs shall not be located on the public right-of-way, in the sight
triangle of any intersection, or attached to natural object, utility appurtenance or
traffic control device.

E) Temporary signs shall comply with any regulations applying to signs in general
such as setback, sight distance requirements, etc. as all other signs.

F) Commercial Banners and wind signs may be displayed at any commercially or

industrially zoned location, for the purpose of announcing a grand opening, sale
or special event provided:

(1) Commercial banners may not be displayed for longer than fifteen (15)
days per address no more than 8 times per year. Display periods may not
be consecutive with at least fifteen (15) days in between display periods.

(2) No banner or wind sign may be illuminated.

(3) Only one (1) banner or wind sign per address.

(4) Only used for on-premise advertising.

(5) Banners and wind signs containing date or time information shall be
removed at the conclusion of the event.

(6) Banners and wind signs must be kept in good condition and legible or
replaced or removed as conditions warrant.

(7) Banners may not be attached to any traffic control device or utility
appurtenance.

G) Portable signs shall be allowed at locations approved in the Table of Permitted

Uses (Section 114-131.1) provided:

(1) Portable signs may not be displayed for longer than thirty (30) days per
address no more than three (3) times per year. Display periods may be
consecutive.

(2) Portable signs may be illuminated but may not contain flashing,
intermittent, rotating or moving lights.

(3) Portable EMC’s shall adhere to the provisions in Section 114-221 & 114-
222.

(4) The electrical power supply to portable signs shall comply with the
adopted electrical code and the power cord is protected from vehicle
traffic. An electrical permit is required.

Page 158 | CITY OF DOTHAN ZONING ORDINANCE

 (5) Portable signs must be properly anchored to the ground as approved by
the Building Official.

(6) Portable signs shall not occupy a required parking space.

(7) Messages displayed on portable signs shall be complete and legible.

(8) Portable signs must be kept in good condition and repair including the
letter backing material, frame, cabinet and legs.

(9) Portable signs without any message for longer than thirty (30) days shall
be deemed abandoned.

Section 114-221. Standards for Electronic Message Centers (EMC’s). Signs using
electronic, digital or video technology are permitted in all zoning districts subject to the
following limitations:

A) An EMC may occupy a portion or all of the area for a building sign or
freestanding sign permitted for that district.

B) There shall be no effects of movement, blinking, scrolling, flashing, spinning,

flying in/out, scintillation, animation or similar effects of the individual images
displayed.

C) Approved EMC’s shall have a minimum display time of twelve (12) seconds with
at least a two (2) second transition time.

D) EMC signs are permitted in Office, Commercial and Industrial Districts provided:

(1) Transitions between messages may include fade, dissolve or other similar
effects but may not include continuous scrolling, traveling, flashing,
spinning, rotating or other similar moving effects.

(2) Full motion video is prohibited.

E) EMC signs shall not display color that interferes with or mimics a traffic control
device.

F) No EMC sign shall use the words “stop,” “danger,” “go,” or any other word
which imitates or approximates any official traffic instruction or traffic control
sign or be illuminated in any manner which imitates or approximates any official
traffic directional or traffic control device.

G) If at any time the programming or technology that controls the brightness, time
on message, or visual display characteristic fails or malfunctions and is
determined to be a hazard to the safety of the traveling public, the sign shall be
immediately turned off, disconnected or disabled.

CITY OF DOTHAN ZONING ORDINANCE | Page 159

Section 114-222. Illumination Standards. Signs may be illuminated consistent with the
following standards.

A) Unless otherwise provided, signs located on residentially zoned property may not
be illuminated at night. Signs for approved non-residential uses in a residential
district may be illuminated with Special Exception approval.

B) Lighting fixtures for signs externally illuminated shall be fully shielded to prevent
glare or light leak.

C) Brightness of the display shall be controlled automatically to reduce light levels

at night or under cloudy or other darkened conditions and shall not be brighter
than is necessary for clear and adequate visibility, or that might impair the vision
of a driver, or interferes with traffic control. Either of the following options may
be used to measure brightness.

(1) All digital billboards and/or EMC signs shall have automatic dimming
technology to adjust the brightness of the sign relative to ambient light
conditions so that sign brightness does not exceed three-tenths (0.3) foot-
candle (lux) above ambient light as measured using a foot candle (lux) meter
in conformance with the following process:

a. Ambient light levels shall be measured between the period of one (1)
hour after sunset and one (1) hour before sunrise as determined by the
National Weather Service with the sign turned off (black screen).

b. Light measurements shall be taken with a lux meter aimed directly at

the sign face displaying full white.

c. Measuring distance shall be determined using the following equation:

the square root of the product of the sign area and one-hundred.
(Example using a 12 square foot sign: √ [12x100] = 34.6 feet
measuring distance).

d. If brightness measurement by the above methodology is impractical,

certification using option 2 shall be provided.

(2) The maximum level of brightness for digital billboards and/or EMC signs
shall not exceed five thousand (5,000) nits when measured from the sign’s
face at its maximum brightness, during daylight hours. The maximum level
of brightness for digital billboards and/or EMC signs shall not exceed five
hundred (500) nits when measured from the sign’s face at its maximum
brightness, between sunset and sunrise as determined by the National
Weather Service.

Page 160 | CITY OF DOTHAN ZONING ORDINANCE

Section 114-223. Nonconforming Signs

A) Existing signs prohibited by this code shall be regarded as illegal signs upon the
effective date this ordinance. All illegal signs shall be removed immediately.

B) Existing signs not conforming to the provisions stated in this ordinance shall be
regarded as nonconforming signs.

C) Permanent signs and sign structures that are moved, removed, replaced or
structurally altered must be brought into conformance with these regulations.

D) Nonconforming signs that have been removed may be replaced within six (6)
months in compliance with these regulations.

E) Nonconforming signs required to be moved resulting from the acquisition of

right-of-way may be re-established in conformance with other provisions of
these regulations.

F) Removable faces or sign panel inserts in a cabinet style sign may be changed by
right and does not constitute a structural alteration or cause the loss of
nonconforming status.

G) The status of a nonconforming sign is not affected by ownership.

H) Within thirty (30) days, existing digital signs permitted prior to October 1, 2013
shall comply with the sections of this ordinance pertaining to brightness if they
are able to comply. If existing digital signs do not have the ability to comply with
the ordinance (i.e. if they do not come equipped with automatic dimming
technology, ability to dim, etc.) they shall either retrofit their sign so as to
comply with the ordinance, adjust their brightness to six percent (6%) of
maximum brightness daily between dusk and dawn or they shall be turned off
daily between dusk and dawn.

I) Owners of existing temporary signs (banners, wind signs and portable signs) are
subject to 114-220, 114-221 and 114-222 must send in a placement permit
within ninety (90) days of the effective date of these provisions or become
nonconforming and be subject to the applicable provisions.

J) Loss of nonconforming sign status.

(1) When a sign or sign structure is destroyed or intentionally removed, the

replacement sign and sign structure must comply with the standards in these
regulations.

(2) Signs or sign structures that are damaged or in need of repair to the extent
of fifty percent (50%) or more of its replacement value must comply with the
standards in these regulations.

CITY OF DOTHAN ZONING ORDINANCE | Page 161

 (3) If the business or operation to which the sign pertains has ceased to operate
for a period of sixty (60) consecutive days, or has otherwise changed, the
sign is considered abandoned.

(4) The sign is erected without a permit.

(5) Once a sign is altered to conform or replaced with a conforming sign, the
nonconforming sign may not be re-established.

Section 114-224. Variances. It is the explicit intent that this section be enacted to
accomplish the purposes set forth in Section 114-207. Variances to these provisions
shall be granted only in the case of a hardship connected to the physical features of the
site.

Secs. 114-225 to 114-235. Reserved.

Page 162 | CITY OF DOTHAN ZONING ORDINANCE

 Article XIII. Landscaping and Buffers.

Sec. 114-236. Tree protection and landscaping.

A) Purpose. The purposes of this article are to protect and enhance the natural
environment by:
(1) Providing for the preservation of protected trees as defined in this article;
(2) Providing for the replacement of protected trees that may be removed;
(3) Aiding in the conservation of energy by encouraging the planting of canopy
(shade) trees and vegetation which provide for a more pleasant and relaxing
urban environment;
(4) Reducing the impact of development on the community’s storm drainage
system and reduce flooding;
(5) Establishing landscaping standards for property to be developed;
(6) Encouraging the selection of native plant species for vegetation;
(7) Reducing the impact of urban and suburban development on remaining
stands of natural vegetation;
(8) Enhancing the appearance of the city;
(9) Protecting public and private investment by enhancing property values;
(10) Buffering incompatible land uses as well as providing relief from traffic
noise, heat, glare, and the spread of dust and debris; and
(11) Providing for enforcement of the provisions contained in this section
article.
B) Administration. The planning and development department shall have the primary
responsibility for the administration of this article. The planning commission may
adopt policies and procedures to be followed by the planning and development
department in administering this article.
(1) Enforcement and penalties. Violation of the provisions of this article shall
be a Class C misdemeanor and shall be punishable as such. Employees of
the planning and development department shall be authorized to issue stop
work orders and citations for violations of this article.
(2) Applicability to city and other governments. The provisions of this article
shall apply to the City of Dothan and to any other government entities
owning property within the City of Dothan Corporate Limits.
(3) Public utilities. This section article shall not prohibit public utilities from
removing or pruning trees or clearing other vegetation from street rights-
of-way or utility rights-of-way. However, such removal or pruning should
be coordinated with the city horticulturist.

CITY OF DOTHAN ZONING ORDINANCE | Page 163

 (4) Local street rights-of-way and easements. Except as otherwise provided
for in this article, trees of eight (8) inches or greater DBH shall not be
removed from any local street right-of-way, utility easement or public
easement unless such removal is in accordance with an approved tree
removal plan or landscaping plan. Failure to follow this provision shall be
punishable in accordance with Section 1-4 of this code.
C) Definitions. Definitions specific to buffer and landscaping may be found in Article
II of this Chapter.

Sec. 114-237. Tree preservation and removal.

A) Tree preservation.
(1) Forestry activity (silviculture). Harvesting trees being cultivated for
forestry purposes from A-C zoned property shall be permitted as an
agricultural activity.

(2) Forestry activity (non-silviculture). No trees, including non-protected trees

or other vegetation, shall be removed from any residential buffer, except
on A-C zoned property, prior to the issuing of a building permit or the
approval of a tree removal plan.

(3) Tree preservation credit. To encourage the preservation of existing trees

on development sites, credit is available as follows:

a. Credit for any protected tree preserved during building development

will be given on a one for one basis required for the site as defined
in 114-238(e).
b. Credit will be given on a one to one basis for each additional 6 inches
up to a maximum of 36 inches total caliper above the minimum for
any protected tree required for the site as defined in 114-238(e) (i.e.
preserving a 36 inch tree is worth four canopy trees, 36 -12= 24/6
= 4).
c. Credit may only be applied towards canopy trees.

(4) Exceptions. This section shall not prohibit the removal of a tree.
a. That constitutes a safety hazard or a threat to property or other
trees, provided that the planning commission may adopt procedures
for demonstrating that such a safety hazard or a threat to property
exists.
b. That creates a sight obstruction for public streets, provided,
however, that the planning commission may adopt procedures for
demonstrating that such a sight obstruction exists.
c. That, by virtue of harboring insects, vermin or other animals,
constitutes a public health hazard, provided, however, that the

Page 164 | CITY OF DOTHAN ZONING ORDINANCE

 planning commission may adopt procedures for demonstrating that
such a public health hazard exists.
d. Whose removal is necessary to accommodate public infrastructure
or public easements.
e. Necessary for a public street or public right-of-way.
f. Necessary to perform a boundary or topographical survey. However,
only the minimum number of trees necessary to accomplish such a
survey shall be removed.
g. That is located on a lot or parcel in an R-1, R-2, R-3, or R-4 (three
(3) attached dwelling units or less), zoning district on which a
residential structure has been constructed or for which a permit to
construct a residential structure has been issued.

B) Tree removal.
(1) No tree, including non-protected trees or other vegetation, shall be
removed from the residential buffer on any lot or parcel unless the property
is zoned A-C or a tree removal plan has been approved in accordance with
Article V, Development Plans, of this code.
(2) No tree of twelve (12) inches or greater DBH, including non-protected
trees, shall be removed from the portion of the tree protection area on any
lot or parcel unless the property is zoned A-C or a tree removal plan has
been approved in accordance with Article V, Development Plans, of this
code.
(3) Non-protected trees may be removed from the core area of a lot or parcel.
(4) Except as provided for in Section 114-237 (A)(3) of this article, no
protected tree shall be removed from the core area of any lot or parcel
unless a tree removal plan has been approved in accordance with Article V,
Development Plans, of this code.

C) Tree removal plan. Tree removal plans shall be submitted to the planning
commission in the same manner as major development plans as provided for in
Article V of this code. The planning commission shall consider a tree removal plan
in the same manner as major development plans. The planning commission may
approve a tree removal plan, disapprove it, or approve it with amendments or
conditions. Tree removal plans may be approved by staff for minor development
plans in accordance with Section 114-76 of this code. A tree removal plan shall
include the following information:
(1) An accurately drawn map on twenty-four inches by thirty-six inches (24”
x 36”) paper showing any residential buffers and any tree protection areas
on the lot or parcel;

CITY OF DOTHAN ZONING ORDINANCE | Page 165

 (2) Inventory of all existing trees of twelve (12) inches or greater DBH located
within any residential buffer, tree protection area, adjacent street right-of-
way, utility right-of-way or public easement and any protected trees
located in the core area. The inventory shall show: the approximate location
of each tree, the size (expressed in DBH), and species of each tree;
(3) Description of other vegetation in any residential buffer;
(4) Identification of trees of twelve (12) inches or greater DBH to be removed
from any residential buffer, tree protection area, street right-of-way, utility
right-of-way or public easement and any protected trees to be removed
from the core area of the property;
(5) Names and addresses of owners of adjacent properties, including across
any abutting streets;
(6) An accurately drawn map on twenty-four inches by thirty-six inches (24”
x 36”) paper showing any proposed re-plantings or other proposed screen;
(7) A description of the size, species, and number of any proposed replanting
materials and a description of any other proposed screen; and
(8) The clearing limits of the proposed project.

Sec. 114-238. Landscaping.

A) Application. This section shall apply to any new development or construction in
any R-A, MH-1, O & I, O-2, O-3, B-1, B-2, B-3, L-I, H-I, and R-4 (over three
(3) attached dwelling units) districts and for property on which public and semi-
public uses or buildings are located.
(1) For any development or construction that increases the gross floor area, lot
area, or parking area of an existing structure or development located in any
of the districts listed above by twenty-five percent (25%) or more.
(2) For any new development or construction for which development plans are
required.
(3) For any development or construction that increases by twenty-five percent
(25%) or more the gross floor area, lot area, or parking area of an existing
structure or development for which development plans were required.
(4) If trees of eight (8) inches DBH or greater are removed from any street
right-of-way or any tree protection area in order to accommodate the
erection of a billboard, the site shall be landscaped according to the planting
requirements in this article.
(5) Property for which development plans approved by the planning commission
or staff prior to the effective date of this article shall not be subject to its
provisions. However, any property for which development plan approval has
lapsed will be subject to the provisions of this article.
B) Landscaping plan required. A landscaping plan shall be required as follows:

Page 166 | CITY OF DOTHAN ZONING ORDINANCE

(1) Landscaping plans submitted must be designed only by an architect, civil
engineer, landscape architect, or a professional landscape designer
certified by the State of Alabama.
(2) For developments or structures for which development plans are required
to be reviewed, a tree removal/landscaping plan shall be included as part of
the development plans. The approved landscaping plan, as approved or
amended, shall be included as part of any subsequent submittal for a building
permit.
(3) For any other property, development, or construction to which this article
applies, a landscaping plan shall be included as part of the submittal for a
building permit.
(4) At a minimum, landscaping plans shall include the following information.
Additional information may be required by the planning commission.
a. Any tree removal plan previously approved for the property.

b. Location of any tree protection areas and residential buffers on the

property.

c. A tree survey showing the location, species, and size of any existing
trees of twelve (12) inches DBH or greater located within any
residential buffer, tree protection area, adjacent street right-of-way,
utility right-of-way or public easement and any protected trees in
the core area and indicating any such trees that are proposed to be
removed as part of the development of the property.

d. Information showing the location, type of tree (see 114-239) and

sizes of all proposed landscaping materials, including existing trees
and other plant materials that will be incorporated into the
landscaping.

e. Calculations showing that the proposed plant materials will satisfy

the planting requirements as described in this article.

f. Information about the type and coverage of the irrigation system.

g. The location of any existing or planned power lines or other utilities

located on the proposed development or on any adjacent rights-of-
way.

h. Measures to be taken to prevent damage to any existing trees that

are to be incorporated into the landscaping plan.

i. Buffers shall be shown in plan view and cross section view.

CITY OF DOTHAN ZONING ORDINANCE | Page 167

D) Modifications. The planning commission may modify the strict application of this
section for major development plans and staff may modify the strict application of
this section for minor development plans when:
(1) The required plantings or planting area would conflict with utilities,
easements, overhead power lines, or as otherwise recommended by staff.
(2) A proposed roadway improvement constructed for public purposes will
encroach into the landscaping area.
(3) Topographical conditions warrant special consideration of the site design.
C) Plant diversity.
Diversity of plantings should be strived for in all required landscape plantings,
and in no case should one species constitute more than fifty percent (50%) of
total plantings on site. Landscaping shall largely utilize native or non-competing
exotic plant species. Landscaping shall not utilize any exotic vegetation which is
likely to out-compete or otherwise displace native vegetation, or require
excessive use of fertilizers and water to maintain growth. In addition, the use of
existing native species of plant material is strongly encouraged. Existing natural
ground cover should be retained where possible by avoiding scraping, grading
and sodding. Where the planting requirements require additional trees or shrubs
to be installed in an existing natural area, it should be done in a manner which
minimizes disturbances to native species.

D) Existing landscaping. To encourage the preservation of existing vegetation on

development sites, the following credit is available: Existing non-pine trees
twelve (12) inches or greater DBH and pine trees eighteen (18) inches or greater
DBH may be credited on a one for one basis for trees required by this article.

E) Canopy (shade) trees. Canopy (shade) trees are required for all development sites
under the following schedule:
(1) At a minimum, one (1) canopy (shade) tree shall be provided per acre or
any portion thereof for all industrial projects.
(2) At a minimum, two (2) canopy (shade) trees shall be provided per acre or
any portion thereof for all commercial projects.
(3) In addition to the above, to encourage the use of canopy (shade) trees on
development sites, canopy (shade) trees may be substituted for understory
trees at two (2) understory trees for one (1) canopy (shade) tree.

F) Foundation (building) landscaping. Though not required as part of this article, it is

strongly encourage that foundation (building) landscaping be utilized on all
development sites.

G) Required landscaped areas. All developments shall include a perimeter

landscaped area of at least ten (10) feet in depth adjacent to any public right-of-

Page 168 | CITY OF DOTHAN ZONING ORDINANCE

 way unless a shallower depth is approved by the planning commission in its
approval of the landscaping plan and subject to the following provisions:
(1) At a minimum, four (4) trees and eight (8) shrubs for each one-hundred
(100) feet of linear foot frontage along the right-of-way shall be preserved
or planted. The remaining area within the perimeter strip shall be
landscaped with grass, ground cover, or other landscape treatment.
(2) Trees and other landscaping required in the perimeter strip shall be
maintained to assure unobstructed visibility between three (3) and nine (9)
feet above the average grade of the adjacent street and the driveway
intersections through the perimeter strip.
(3) Understory trees shall be utilized when placing trees in the vicinity of power
lines.
(4) The landscaping should be evenly spaced throughout the perimeter strip;
however, nothing in this article shall prohibit the clustering of this material.
(5) A berm may be utilized in the perimeter landscaped area next to vehicular
use areas and must be consistent with Section 98-10 of the City of Dothan
Code of Ordinances for sight triangles. If plantings are to be utilized as part
of the berm, the berm should be terraced in a manner that retains water for
these plantings.

H) Interior Planting Areas. All vehicular use areas having forty (40) or more parking
spaces shall be subject to the following provisions:
(1) Interior planting areas are to be located within or adjacent to the parking
area as tree islands at the end of parking bays. Interior planting areas shall
be located to most effectively accommodate stormwater runoff and provide
shade in large expanses of paving and contribute to orderly circulation of
vehicular and pedestrian traffic. Interior planting areas shall incorporate
pedestrian refuges as appropriate.
(2) No more than fifteen (15) parking spaces shall be permitted in a continuous
row, excluding spaces fronting buildings, without being interrupted by an
interior planting area with the following provisions:
a. The interior planting area shall include, at a minimum, one (1) tree
and four (4) shrubs.
b. Required trees and shrubs shall be selected from Section 114-239
(A) and trees shall be at least eight (8) feet in height and one-point-
two-five (1.25) inches in diameter measured at six (6) inches above
grade after planting. The remainder of the interior planting area shall
be landscaped with ground cover or other approved material not to
exceed three (3) feet in height.
(3) In no case shall the minimum planting area contain less than one-hundred-
fifty (150) square feet. The planted area of the island must be at least nine

CITY OF DOTHAN ZONING ORDINANCE | Page 169

 (9) feet in width, measured from back of curb to back of curb and the full
length of the parking space. The minimum width of any channeling or canoe
type island shall be six (6) feet. All interior planting areas must be curbed
to prevent vehicular encroachment.
(4) Compacted subgrade soil in parking islands shall be removed to a depth of
twenty-four (24) inches and refilled with topsoil. Additional soil depth may
be achieved by mounding.

I) Detention areas. The bottom of detention areas may be either seeded or sodded.
The sides of detention areas may be either seeded with an erosion control blanket,
hydro-seeded or sodded. However, for detention areas located adjacent to the
public right-of-way of major thoroughfares, the sides must be sodded. Detention
areas must be maintained as landscaped areas. If the seeding option is utilized, no
certificate of occupancy will be issued for the project until such time as that
seeding has taken root and grass is growing. A cash or surety bond may be utilized
if necessary to ensure growth.
J) Irrigation. Irrigation for landscaping is required. A temporary system is
allowable, but must remain functional for the first eight (8) months after planting.
Proof of intent to water all new plantings is required. Landscape islands
surrounded by pavement are required to have a permanent system. If a landscaped
area contains primarily species native to the immediate region, or plants
acceptable for xeric landscaping, the planning commission or staff may waive the
requirement for installation of an irrigation system. Consideration of a waiver of
the irrigation requirements shall be supported by appropriate documentation
provided by the applicant.

Sec. 114-239. Plant list.

A) Recommended plants. This list is not meant to be all inclusive. It is the

responsibility of the applicant to select species that are appropriate to the location
in which they will be planted. Alternate species may be used as determined by the
city horticulturist. A landscape architect licensed by the State of Alabama or a
landscape designer licensed by the State of Alabama may recommend other
species for consideration to the city horticulturist that are suited to the soils and
climate of Dothan, Alabama.

Page 170 | CITY OF DOTHAN ZONING ORDINANCE

 (1) Recommended canopy (shade) trees.

Red Maple Leyland Cypress (buffer only)

Chinese Pistache2 Bald Cypress (wet areas only)
Oak (all varieties)1 Elm (all varieties)1,2
Ginkgo2 Zelkova
Tulip Poplar1 Southern Magnolia1
River Birch Sycamore1
Pine (all varieties) (mass planting Palms (height a minimum of twenty
only in buffers) (20) feet at maturity) (2 palms = 1
Deodar Cedar2 canopy tree)1

Canopy (shade) trees shall be a minimum of one-point-five (1.5) inches

in caliper measured at six (6) inches above grade, eight (8) feet in height
or fifteen (15) gallons.
1
Not recommended for buffers.
2
Recommended for parking lots.

(2) Recommended understory trees.

Flowering Dogwood2 Crepe Myrtle (excessive pruning not

Holly (all varieties) permitted)
Grancy Graybeard Japanese Maple2
Lilac Chaste Sourwood
Purple Leaf Plum Yaupon (weeping, etc.)
Loquat1 Magnolia (except Southern
Althea1 Magnolia)
Red Bud2 Carolina Silver Bell2
Southern Wax Myrtle Cherry Laurel2
Ligustrum
Understory trees must be a minimum of one-point-two-five (1.25) inches
in caliper measured at six (6) inches above grade, eight (8) feet in height
or fifteen (15) gallons for a single trunk or eight (8) feet in height with a
minimum of three (3) trunks or fifteen (15) gallons for a multiple trunk.
1
Not recommended for buffers.
2
Recommended for parking lots.

CITY OF DOTHAN ZONING ORDINANCE | Page 171

 (3) Recommended shrubs.
Abelia Deutzia1 Leucothoe Ligustrum
Anise Elaeagnus Loropetalum
Almond, Flowering Fatsia1 Mahonia1
Arborvitae Forsythia Nandina1
1
Azalea Holly Fern Oleander
1
Banana Shrub Indian Hawthorn Osmanthus, Tea Olive
1 1
Barberry Hardy ferns Pittsoporum
Bottlebrush Gardenia1 Roses
1
Boxwoods Hydrangeas Spiraea (all varieties)
Camellia Hollies Viburnum
1 1
Sasanquas Junipers Yew
Chinese Quince Italian Cypress1
Shrubs shall be a minimum of eighteen (18) inches or three (3) gallons and
ground cover shall be a minimum of three (3) one (1) gallon or nine (9) four
(4) inch diameter cups.
1
Not recommended for buffers.

(4) Prohibited plants. The following plants shall not be installed as a landscape
material:
a. Bamboo
b. Cogon grass
c. Kudzu
d. Popcorn or Chinese Tallow trees (Sapium Sebiferum)
e. Water grass

Sec. 114-240. Maintenance and bonding.

A) Maintenance of landscaping.
(1) All required plant material shall be maintained in good condition at all times.
Landscaping materials, including preserved trees that die or become
diseased or damaged shall be replaced. The replacement plants shall have
size equal to or greater than those being replaced. Replacement plants shall
also be the same type as those being replaced unless the city horticulturist
determines that one or more alternate species would be more likely to
thrive, in which case one of the alternate species may be used. A landscape
architect licensed by the State of Alabama or a landscape designer licensed
by the State of Alabama may recommend other species for consideration to
the city horticulturist that are suited to the soils and climate of Dothan,
Alabama. All plant material shall be kept free of weeds, refuse and debris.

Page 172 | CITY OF DOTHAN ZONING ORDINANCE

 (2) Fences, walls, berms and other structures that deteriorate or are damaged
by any cause shall be repaired and/or replaced.
(3) Buffers that are altered by erosion, construction, or other causes shall be
restored.
(4) Commercial landscaping operations are required to remove all debris
associated with these operations including grass trimmings, tree trimmings,
shrub trimmings, etc.
(5) Failure to maintain landscaping materials, replace landscaping materials that
have died or become diseased or damaged or remove debris from
commercial landscaping operations shall be a violation of this article and
shall be punishable as provided for in Section 114-236 (B).
B) Completion of landscaping or bond required. No certificate of occupancy, for any
building or development covered by this article shall be issued unless the required
landscaping, including any required commercial or industrial landscape buffers has
been completed. A certificate of occupancy may be issued if a cash or surety bond
for the completion of the required landscaping is provided to the city as outlined
below. In addition, no final subdivision plat approval will be granted unless the
required landscaping, including any required residential landscape buffers has
been completed. Final approval may be granted if a cash or surety bond for the
completion of the required landscaping is provided to the city as outlined below.
(1) Performance bond. A performance bond shall be provided to the city to
ensure installation of the required landscaping. The performance bond may
be in the form of cash or check equivalent to one-hundred percent (100%)
of the estimated cost of installation or a contract for that amount. The timing
of installation of required plant materials shall be designated by the city
horticulturist. Estimates shall be from a licensed landscape contractor and
good until installation is authorized. If a contract for the work is submitted,
the contract time shall extend to the period so authorized for installation. A
surety bond equivalent to one-hundred-twenty-five percent (125%) of the
cost may be utilized instead of a cash bond accompanied by the submission
of an estimate from a licensed contractor.

Sec. 114-241. Buffers/buffer-yards.

A) Purpose. This section requires landscaped buffers to be provided and maintained
when certain land uses are adjacent to or directly across from each other in order
to protect uses from the traffic, noise, glare, trash, vibration and odor likely to be
associated with a more intensive land use. Landscaped buffers are also required
to conserve the values of land and buildings and to provide adequate light and air.
The width of the buffer and the required plantings within the buffer vary depending
upon the relative intensities of the abutting or adjacent uses. Understory trees
shall be utilized when placing trees in the vicinity of power lines.

CITY OF DOTHAN ZONING ORDINANCE | Page 173

B) Natural landscape buffers. Nothing in this section precludes the use of a natural
landscape buffer. A natural buffer must contain the minimum number of plantings
required for that buffer type. Natural buffers must be protected against heavy
equipment and any grading activity during construction. Loss of trees in a
designated natural buffer shall be replaced at a ratio of two (2) to one (1).
C) Landscaped buffer location. Landscaped buffers shall be located at the perimeter
of the development site for any given use, and shall not be located in any portion
of a public right-of-way. If the proposed development or expansion of an existing
development is located on a larger tract of land, the buffer shall extend only for
the length of the development.
D) Landscaped buffer modifications. The planning commission for major development
plans or staff for minor development plans may require enhanced and/or
alternative buffering, landscaping, or locations to ensure compliance with the intent
of these regulations for obnoxious heavy impact uses such as wastewater
treatment plants, tallow plants, slaughterhouses, landfills, etc.
E) Building setbacks and buffers. In the event that the required landscape buffer
exceeds the required building setback (Section 114-132), then the required
building setback shall be equal to the required landscape buffer.

F) Accessory buildings and buffers. Residential accessory buildings and/or structures

shall not encroach into designated natural buffers. Residential accessory buildings
and/or structures may be placed within non-designated natural buffers in
compliance with Section 114-183 (B).

Sec. 114-242. Buffer types.

A) Minimum requirements. The following buffers are the minimum required. There
shall be no buffer required between land uses in the same classification.
Illustrations of buffer types are available from the planning & development
department.

(1) A Type 1 buffer shall be required between single-family residential

adjacent to or across a right-of-way of no more than two (2) lanes from
attached multi-family residential land uses (apartments). The buffer shall
be at least twenty (20) feet in width and may contain either a privacy fence
at a minimum of six (6) feet in height and a maximum of eight (8) feet in
height or, at a minimum, seven (7) trees and twenty (20) shrubs per each
one-hundred (100) linear feet. The construction of a privacy fence above
six (6) feet in height must be approved by the building official [see Section
114-183 (B)(3)]. If the landscaping option is utilized, the landscaping
should be as evenly spaced throughout this area as possible. Nothing in
this section shall prohibit the use of a natural buffer, subject to Section 114-
241 (B). Any disturbance of the approved buffer shall require full
restoration. Refer to Table 1.

Page 174 | CITY OF DOTHAN ZONING ORDINANCE

(2) A Type 2 buffer shall be required between residential adjacent to or across
a right-of-way of no more than two (2) lanes and non-residential land uses
including apartments containing up to twenty-five thousand (25,000) square
feet of gross floor area. The buffer shall be at least twenty-five (25) feet
in width. The twenty-five (25) foot buffer must contain, at a minimum, eight
(8) trees and thirty (30) shrubs per each one-hundred (100) linear feet.
Where vacant single family residential abuts vacant or existing non-
residential property, the Type 1 buffer shall apply on the residential side.
Residential buffers shall be recorded on the final plat map. A Type 2 buffer
shall apply where a new non-residential land use including apartments
containing up to 25,000 square feet of gross floor area is adjacent to or
across a right-of-way of no more than two (2) lanes from an existing or
future residential land use and shown on the approved development plan.
The landscaping should be as evenly spaced throughout this area as
possible. Nothing in this section shall prohibit the use of a natural buffer,
subject to Section 114-241 (B). Any disturbance of the approved buffer
shall require full restoration. Refer to Table 1.
(3) A Type 3 buffer shall be required between residential adjacent to or across
a right-of-way of no more than two (2) lanes and non-residential land uses
including apartments containing twenty-five thousand and one (25,001) to
fifty-thousand (50,000) square feet of gross floor area. The buffer shall be
at least thirty (30) feet in width. The thirty (30) foot buffer must contain, at
a minimum, eight (8) trees and thirty (30) shrubs per each one-hundred
(100) linear feet. Where vacant single family residential abuts vacant or
existing non-residential property, the Type 1 buffer shall apply on the
residential side. Residential buffers shall be recorded on the final plat map.
A Type 3 buffer shall apply where a new non-residential land use including
apartments containing twenty-five thousand and one (25,001) to fifty
thousand (50,000) square feet of gross floor area is adjacent to or across a
right-of-way of no more than two (2) lanes from an existing or future
residential land use and shown on the approved development plan. The
landscaping should be as evenly spaced throughout this area as possible.
Nothing in this section shall prohibit the use of a natural buffer, subject to
Section 114-241 (B). Any disturbance of the approved buffer shall require
full restoration. Refer to Table 1.
(4) A Type 4 buffer shall be required between residential adjacent to or across
a right-of-way of no more than two (2) lanes and non-residential land uses
including apartments containing fifty thousand and one (50,001) to seventy-
five thousand (75,000) square feet of gross floor area. The buffer shall be
at least forty (40) feet in width. The forty (40) foot buffer must contain, at
a minimum, fifteen (15) trees and seventy-five (75) shrubs per each one-
hundred (100) linear feet planted in offset double rows. Where vacant
single family residential abuts vacant or existing non-residential property,
the Type 1 buffer shall apply on the residential side. Residential buffers

CITY OF DOTHAN ZONING ORDINANCE | Page 175

 shall be recorded on the final plat map. A Type 4 buffer shall apply where
a new non-residential land use including apartments containing fifty
thousand and one (50,001) to seventy-five (75,000) square feet of gross
floor area is adjacent to or across a right-of-way of no more than two (2)
lanes from an existing or future residential land use and shown on the
approved development plan. The landscaping should be as evenly spaced
throughout this area as possible. Nothing in this section shall prohibit the
use of a natural buffer, subject to Section 114-241 (B). Any disturbance of
the approved buffer shall require full restoration. Refer to Table 1.
(5) A Type 5 buffer shall be required between residential adjacent to or across
a right-of-way of no more than two (2) lanes and non-residential land uses
including apartments containing more than seventy-five (75,000) square
feet of gross floor area. The buffer shall be at least fifty (50) feet in width.
The fifty (50) foot buffer must contain, at a minimum, fifteen (15) trees and
seventy-five (75) shrubs per each one-hundred (100) linear feet planted in
offset double rows. Where vacant single family residential abuts vacant or
existing non-residential property, the Type 1 buffer shall apply on the
residential side. Residential buffers shall be recorded on the final plat map.
A Type 5 buffer shall apply where a new non-residential land use including
apartments containing more than seventy-five (75,000) square feet of gross
floor area is adjacent to or across a right-of-way of no more than two (2)
lanes from an existing or future residential land use and shown on the
approved development plan. The landscaping should be as evenly spaced
throughout this area as possible. Nothing in this section shall prohibit the
use of a natural buffer, subject to Section 114-241 (B). Any disturbance of
the approved buffer shall require full restoration. Refer to Table 1.
(6) A Type 6 buffer shall be required between industrial uses containing up to
twenty-five thousand (25,000) square feet of gross floor area and any other
land use. The buffer shall be at least thirty (30) feet in width. The thirty
(30) foot buffer must contain, at a minimum, eight (8) trees and thirty (30)
shrubs per each one-hundred (100) linear feet. Where vacant single family
residential is adjacent to or across a right-of-way of no more than two (2)
lanes from vacant or existing industrial property, the Type 1 buffer shall
apply on the residential side. Residential buffers shall be recorded on the
final plat map. The landscaping should be as evenly spaced throughout this
area as possible. Nothing in this section shall prohibit the use of a natural
buffer, subject to Section 114-241 (B). Any disturbance of the approved
buffer shall require full restoration. Refer to Table 1.
(7) A Type 7 buffer shall be required between industrial uses containing
twenty-five thousand and one (25,001) to fifty thousand (50,000) square
feet of gross floor area and any other land use. The buffer shall be at least
thirty-five (35) feet in width. The thirty-five (35) foot buffer must contain,
at a minimum, eight (8) trees and thirty (30) shrubs per each one-hundred
(100) linear feet. Where vacant single family residential is adjacent to or

Page 176 | CITY OF DOTHAN ZONING ORDINANCE

 across a right-of-way of no more than two (2) lanes from vacant or existing
industrial property, the Type 1 buffer shall apply on the residential side.
Residential buffers shall be recorded on the final plat map. The landscaping
should be as evenly spaced throughout this area as possible. Nothing in
this section shall prohibit the use of a natural buffer, subject to Section 114-
241 (B). Any disturbance of the approved buffer shall require full
restoration. Refer to Table 1.
(8) A Type 8 buffer shall be required between industrial uses containing fifty
thousand and one (50,001) to (seventy-five thousand (75,000) square feet
of gross floor area and any other land use. The buffer shall be at least forty
(40) feet in width. The forty (40) foot buffer must contain, at a minimum,
fifteen (15) trees and seventy-five (75) shrubs per each one-hundred (100)
linear feet planted in offset double rows. Where vacant single family
residential is adjacent to or across a right-of-way of no more than two (2)
lanes from vacant or existing industrial property, the Type 1 buffer shall
apply on the residential side. Residential buffers shall be recorded on the
final plat map. The landscaping should be as evenly spaced throughout this
area as possible. Nothing in this section shall prohibit the use of a natural
buffer, subject to Section 114-241 (B). Any disturbance of the approved
buffer shall require full restoration. Refer to Table 1.
(9) A Type 9 buffer shall be required between industrial uses containing more
than seventy-five thousand (75,000) square feet of gross floor area and any
other land use. The buffer shall be at least fifty (50) feet in width. The fifty
(50) foot buffer must contain at a minimum, fifteen (15) trees and seventy-
five (75) shrubs per each one-hundred (100) linear feet planted in offset
double rows. Where vacant single family residential is adjacent to or across
a right-of-way of no more than two (2) lanes from vacant or existing
industrial property, the Type 1 buffer shall apply on the residential side.
Residential buffers shall be recorded on the final plat map. The landscaping
should be as evenly spaced throughout this area as possible. Nothing in
this section shall prohibit the use of a natural buffer, subject to Section 114-
241 (B). Any disturbance of the approved buffer shall require full
restoration. Refer to Table 1.

CITY OF DOTHAN ZONING ORDINANCE | Page 177

 TABLE 1
BUFFER TYPES
WIDTH AND LANDSCAPE REQUIREMENTS
CONTENT (Each 100 linear feet along
LAND USE TYPE WIDTH
Buffer)
Minimum
Between each Use Trees Shrubbery
Feet
Detached Residential
& Attached Multi- 1 20 7 20
Family
Residential & Non-
residential (Up to
2 25 8 30
25,000 sq. ft. of
GFA)
Residential & Non-
residential (25,001 to
3 30 8 30
50,000 sq. ft. of
GFA)
Residential & Non-
15 75
residential (50,001 to
4 40 Offset double Offset double
75,000 sq. ft. of
rows rows
GFA)
Residential & Non-
15 75
residential (Greater
5 50 Offset double Offset double
than 75,000 sq. ft. of
rows rows
GFA)
Industrial (Up to
25,000 sq. ft. of
6 30 8 30
GFA) & Any Other
Use
Industrial (25,001 to
50,000 sq. ft. of
7 35 8 30
GFA) & Any Other
Use
Industrial (50,001 to
15 75
75,000 sq. ft. of
8 40 Offset double Offset double
GFA) & Any Other
rows rows
Use
Industrial (Greater
15 75
than 75,000 sq. ft. of
9 50 Offset double Offset double
GFA) & Any Other
rows rows
Use

Page 178 | CITY OF DOTHAN ZONING ORDINANCE

B) Landscaped buffer reductions. Requests for a buffer reduction may be approved
by the planning commission. A statement from the developer justifying the
proposed reduction and a detailed plan specifying species, size, height, spacing,
etc. which illustrates that an effective buffer will be established if approved. Such
statement and plan must accompany the application. The provision of this section
cannot be further varied. Landscaped buffers may be reduced under the following
circumstances:
(1) A Type 1 buffer may not be reduced.
(2) A Type 2 buffer may be reduced five (5) feet with the addition of an eight
(8) ft. wood privacy fence plus a twenty percent (20%) increase in plant
material. In no event shall the buffer be less than twenty (20) ft. in width.
(3) A Type 3 buffer may be reduced five (5) feet with the addition of an eight
(8) ft. wood privacy fence plus a twenty percent (20%) increase in plant
material. In no event shall the buffer be less than twenty-five (25) feet in
width.
(4) A Type 4 buffer may be reduced by ten (10) feet by adding an eight (8) ft.
privacy fence plus a twenty percent (20%) increase in plant material. In no
event shall the buffer be less than thirty (30) feet in width.
(5) A Type 5 buffer may be reduced by ten (10) feet by adding an eight (8) ft.
privacy fence plus a twenty percent (20%) increase in plant materials. In no
event shall the buffer be less than forty (40) feet in width.
(6) Unless adjacent to residential, a Type 6 buffer may be reduced by five (5)
feet by adding an eight (8) ft. privacy fence in addition to the planting
requirements. In no event shall the buffer be less than twenty-five (25) ft.
in width.

(7) Unless adjacent to residential, a Type 7 buffer may be reduced by five (5)
feet by adding an eight (8) ft. privacy fence in addition to the planting
requirements. In no event shall the buffer be less than thirty (30) ft. in width.

(8) A Type 8 or 9 buffer may not be reduced.

(9) Regardless of the buffer-type required, if an existing development is

proposed to be expanded and there is insufficient width available, all required
plant materials for that buffer type shall be installed as practicable. The
applicant may not take credit for existing trees and shrubs.

C) Landscape buffer requirements within mixed-use development. Where a building

site is used for a single mixed-use development, landscaped buffers shall not be
required between the various constituent uses. Landscaped buffers required at the
perimeter of the development shall be based upon the individual uses on each
portion of the property.

CITY OF DOTHAN ZONING ORDINANCE | Page 179

D) Vehicular use areas. All non-residential vehicular use areas (parking, access and
circulation) adjacent to or across a right-of-way of no more than two (2) lanes
from any residentially zoned property and having forty (40) or more parking spaces
shall be subject to the following provisions:
(1) The vehicular use area shall be separated from the residential area by a
continuous shrub hedge.
(2) Shrubs shall be a minimum of two and one-half (2 ½) feet in height at
installation, and shall be spaced three (3) feet on center or closer. Said
hedge shall be maintained at a height of no lower than three (3) feet.
(3) Parking spaces facing into the shrub hedge shall include wheel stops unless
the shrub hedge is planted four (4) feet or more back from a raised curb.
(4) If a berm is utilized, it may act in lieu of the continuous shrub hedge.

Secs. 114-243 to 114-253. Reserved.

Page 180 | CITY OF DOTHAN ZONING ORDINANCE