ZoningOrdinance DraftForPublicHearing July20 2022

ZONING
ORDINANCE
Town of Dauphin Island, Alabama
Ordinance No.
Adopted:
Prepared by:
Town of Dauphin Island Planning Commission & Town Council
With Technical Assistance Provided by the South Alabama Regional Planning Commission (SARPC)
Funding for this project was provided by the Alabama Department of Conservation and Natural
Resources, State Lands Division, Coastal Section, in part, by a grant from the National Oceanic
and Atmospheric Administration, Office of Ocean and Coastal Resource Management, Award
Number # NA18NOS4190143.
This Zoning Ordinance was developed by the Town of Dauphin Island Planning Commission and
Town Council with technical assistance provided by the South Alabama Regional Planning
Commission (SARPC).
Town of Dauphin Island

1011 Bienville Boulevard
Dauphin Island, Alabama, 36528
(251) 861-5525
www.townofdauphinisland.org
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TABLE OF CONTENTS
ARTICLE PAGE
1 TITLE, PURPOSE, LEGAL STATUS………………………………………………………1-1
2 DEFINITION OF TERMS………………..……………….………………………………….2-1
3 GENERAL PROVISIONS……………………………………………………………………..3-1
4 DISTRICT REQUIREMENTS………………………………………………………………..4-1
5 LOT & YARD REQUIREMENTS………………………………………………….……….5-1
6 PARKING, LIGHTING & LANDSCAPING………………………………...…………. 6-1
7 BUILDING REQUIREMENTS & DESIGN GUIDELINES………………………….7-1
8 SUPPLEMENTAL REGULATIONS & SPECIAL PROVISIONS………………….8-1
9 SIGN REGULATIONS…………………………………………………………………………9-1
10 DEVELOPMENT PROCESSS & REVIEW BOARDS……………………………...10-1
11 VIOLATIONS, PENALTIES & REMEDIES………………………………………..….11-1
12 ADOPTION & EFFECTIVE DATE……………………………………………….……..12-1
APPENDIX A APPLICATIONS & CHECK LISTS………………………………………………..A-1
APPENDIX B SCHEDULE OF FEES………………………………………………………………..B-1
APPENDIX C OFFICIAL FORMS……………………………………………………………………C-1
APPENDIX D PLANNING COMMISSION BYLAWS…………………..……………………D-1

ZONING ORDINANCE
TOWN OF DAUPHIN ISLAND, ALABAMA
PREAMBLE
ORDINANCE NO. ____
AN ORDINANCE ESTABLISHING ZONING REGULATIONS FOR THE TOWN OF DAUPHIN ISLAND,

ALABAMA; PROVIDING FOR DEFINITIONS, FOR DISTRICTS, A ZONING MAP FOR USE AND
LOCATION OF LAND AND BUILDING FOR RESIDENCE, TRADE, INDUSTRY OR OTHER PURPOSES; TO
REGULATE AND RESTRICT THE SIZE OF BUILDINGS AND OTHER STRUCTURES HEREAFTER ERECTED
OR ALTERED, THE SIZE AND DIMENSIONS OF YARDS, COURTS AND OTHER OPEN SPACES
SURROUNDING BUILDINGS; PROVIDING FOR ACCESSORY BUILDINGS AND STRUCTURES;
PROVIDING AREA AND EXCEPTION SUPPLEMENTS; PROVIDING FOR OFF-STREET PARKING
REQUIREMENTS; PROVIDING FOR SIGN REGULATIONS; PROVIDING FOR LANDSCAPING AND
REGULATION OF FENCES; PROVIDING FOR NONCONFORMING USES AND BUILDINGS; PROVIDING
FOR PROPER LAND DEVELOPMENT TO PROTECT AND SUSTAIN ECONOMIC, SOCIAL, AND
ENVIRONMENTAL CONDITIONS; PROVIDING BUFFER REQUIREMENTS FOR WETLANDS,
WATERBODIES, AND OTHER NATURAL RESOURCES TO ENSURE WATER QUALITY, FLOOD
PREVENTION, AND RESILENCY, PROVIDING FOR ADMINISTRATION, AND ENFORCEMENT.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF DAUPHIN ISLAND, ALABAMA, WHILE
IN REGULAR SESSION AT THE TOWN HALL OF DAUPHIN ISLAND ON _________ AS FOLLOWS:
ARTICLE 1
Title, Purpose & Legal Status
§ 1.1 AUTHORITY & ENACTMENT

§ 1.2 SHORT TITLE & JURISDICTION
§ 1.3 PURPOSE &INTENT
§ 1.4 SEVERABILITY & VALIDITY
§ 1.5 INTERPRETATION & LEGAL STATUS
§ 1.6 RELATIONSHIP TO OTHER LAWS
§ 1.7 OFFICIAL PLANS & MAPS
§1.8 CONTENTS OF ORDINANCE
§1.9 EFFECTIVE DATE
SECTION 1.1 AUTHORITY & ENACTMENT

The Town Council of the Town of Dauphin Island, Alabama in pursuance of the authority granted
by Code of Alabama 1975, as amended, Title 11, Chapter 52, hereby ordains and enacts into law
the following Sections.
SECTION 1.2 SHORT TITLE & JURISDICTION

This Ordinance shall be known as and may be cited as “Zoning Ordinance of the Town of Dauphin
Island, Alabama.” The area subject to this Ordinance shall be that incorporated portion of Dauphin
Island under the jurisdiction of the Mayor and Town Council. The rules and regulations herein set
forth are hereby adopted in accordance with Title 11, Subtitle 2, Chapter 52, Articles 1 through 4,
Code of Alabama 1975, as amended and supplemented by all applicable laws.
SECTION 1.3 PURPOSE & INTENT

Code of Alabama 1975, Section 11-52-70, authorizes municipalities to establish zoning districts
and to provide for the “kind, character and use of structures and improvements that may be
erected or made” in each of these districts.
The purpose of a municipal zoning ordinance is to divide a municipality into districts or zones
according to suitability for particular uses and to regulate the erection, construction,
reconstruction, alteration, repair or use of buildings, structures and land according to such
districts. The goal is to lessen congestion in the streets; to provide safety from fire; to provide
adequate light and air; to prevent overcrowding of land; to facilitate adequate provisions for
transportation, water, sewage, schools, parks and other public requirements; protect, preserve,
and minimize disturbance and prevent damage to natural resources; and to protect the value of
personal property and buildings on Dauphin Island. These goals are achieved by ensuring proper
development occurs, beginning with site plan review for each application for development on
Dauphin Island. The Planning Commission is the review body that oversees applications and site
plans to ensure the proposed development conforms to the requirements of the currently
adopted zoning ordinance. They bear the major responsibility of the preparation, adoption, and
TOWN OF DAUPHIN ISLAND ZONING ORDINANCE 1-1

Article 1 | Title, Purpose & Legal Status
maintenance of the Town’s Comprehensive Master Plan. They are the essential advisory body to
the Town Council in relation to development issues, and to the implementation of the
Comprehensive Plan through the administration of the zoning ordinance and subdivision
regulations. The zoning regulations and districts as set forth are made in accordance with the Town
of Dauphin Island’s Comprehensive Master Plan for the purposes of guiding development to meet
existing and future needs. The Plan encompasses all facets of municipal development, which are
considered guidelines to be used in directing proper growth of a municipality, and zoning
ordinances should be drafted to further the main objectives. As required by Section 11-52-72 of
the Code, zoning regulations must be consistent with a comprehensive master plan to achieve the
following:
• Achieve the highest quality of life on Dauphin Island, consistent with sound land
development, economic, social, and environmental conditions;
• Provide for guiding and accomplishing coordinated, adjusted and harmonious
development of that portion of the barrier island under the jurisdiction of the Town of
Dauphin Island;
• Protect, promote and improve public health, safety, comfort, order, appearance,
convenience and the general welfare of present and future inhabitants of and visitors to
Dauphin Island;
• Recognize the unique and distinguishing characteristics of Dauphin Island as a barrier
island buffer, protecting unincorporated mainland areas of Mobile County from the
hazardous and damaging effects of hurricanes and storm surges;
• Divide the town into districts of such number, shape and size as may be deemed by the
Town Council to be best suited to carry out the purpose of this Ordinance;
• Regulate, determine and establish within these districts:
1. Use of land and buildings for residential, commerce, trade, and other purposes;
2. Height, number of stories, size, bulk, location, construction, repair, reconstruction
and alterations of buildings;
3. Size of yards, courts, and other open spaces;
4. Density of population;
5. Conditions under which various classes of nonconforming use of land and buildings
may continue, and reasonable schedule for altering or eliminating nonconforming
uses of land or buildings;
6. Minimum floor area of structures, and types and sizes of structures in all areas,
particularly those areas subject to seasonal or periodic floods, so that danger to life
and property in such areas will be minimized; and,
• All regulations shall be uniform throughout each zoning district, but the regulations in one
district may differ from those in other districts. To the end that incompatible uses are
minimized or eliminated, uses permitted in one district may be prohibited in other districts.
• Regulations and district boundaries shall be made with reasonable consideration of the
character of the districts and their special suitability for particular uses, with a view to
conserving property values and encouraging the most appropriate use of land;
1-2 TOWN OF DAUPHIN ISLAND ZONING ORDINANCE

• The interpretation and application of the provisions of this Ordinance shall be considered
as minimum requirements; liberally construed in favor of the governing body; and deemed
neither to limit nor repeal any other powers granted under state statutes.
SECTION 1.4 SEVERABILITY & VALIDITY

Each phrase, sentence, paragraph, section or other provision of this Ordinance is severable from
all other such phrases, sentences, paragraphs, sections or provisions of this Ordinance be declared
by the courts to be unconstitutional or invalid. Such declaration shall not affect any other portion
or provision of this Ordinance.
SECTION 1.5 INTERPRETATION & LEGAL STATUS

In interpreting and applying the provisions of this Ordinance, they shall be held to the minimum
requirements for the protection, promotion and improvement of the public health, safety,
comfort, order, appearance, convenience, morals and general welfare of the community. It is not
intended by this Ordinance to interfere with or abrogate or annul any easements, covenants or
other agreements between parties; provided, however, where this Ordinance imposes a greater
restriction upon the use of buildings or premises, or upon the height of buildings, or requires larger
open spaces than are imposed or required by other Ordinances, rules, regulations or easements,
covenants or agreements, the provisions of this Ordinance shall control.
SECTION 1.6 RELATIONSHIP TO OTHER LAWS

Whenever regulations or restrictions imposed by this Ordinance are either more or less restrictive
than regulations or restrictions imposed by any governmental authority including the Town,
through legislation, Ordinance, rule or regulation, the Ordinance, regulations, rules or restrictions
which are more restrictive or which impose higher standards or requirements shall govern.
Regardless of any other provision of this Ordinance, no land shall be used and no structure erected
or maintained in violation of any state or federal pollution control or environmental protection
laws or regulations.
SECTION 1.7 OFFICIAL PLANS & MAPS

This Ordinance shall be implemented in support of the Future Land Use Map from the Town of
Dauphin Island’s Comprehensive Master Plan. The Future Land Use Map contained in the Plan
serves as a guide for the future development of Dauphin Island. To the extent practical, it shall be
followed in the administration of this Ordinance.
The zoning map shall be officially titled, “Zoning Districts Map”, and is hereby adopted and made
a part of this Ordinance. A copy of this Ordinance and map shall be filed at Dauphin Island Town
Hall and in the office of the Probate Court of Mobile County, Alabama and shall show thereon the
date of adoption of this Ordinance and zoning map.
If, in accordance with the provisions of this Ordinance, changes are made in the district boundaries
or other information portrayed on the Official Zoning Districts Map, changes shall be made on the
map promptly after the amendment has been approved by the Town Council of Dauphin Island.
Unauthorized alterations of the official zoning map shall be considered a violation of this

Ordinance and subject to penalties as prescribed under Article 11: Violations, Remedies, and
Penalties. The Town Clerk shall maintain a file or registry of properties rezoned and variances
granted under the authority of this Ordinance together with all pertinent requirements and/or
conditions thereto.
SECTION 1.8 CONTENTS OF ORDINANCE

This Zoning Ordinance consists of two elements; the text and the zoning map. The text sets forth
the requirements and procedures, and describes the zoning districts and the uses permitted
within them. The zoning map shows the geographical location of the zoning districts. The text
has no validity without the map, and vice versa. The following general items are included in this
Ordinance:
• Preamble- The statement that relates this Ordinance to the delegated police power of
the town.
• Definitions- Words and phrases contained in this Ordinance are specifically defined as
they apply to the town to ensure all terms within are interpreted clearly and all
potentially ambiguous terms are clearly defined.
• Zoning Districts & Zoning Map- This Ordinance provides a detailed list of each zoning
district and the description and intended purpose of each. The zoning map shows the
geographic location of each zoning district within the town’s corporate limits. An attested
copy of the official adopted zoning map for is located and made available at Dauphin
Island Town Hall.
• Permitted Uses- Each zoning district provides a list of general use categories that are
permitted in each district, either by Right, with Planning Commission Approval, or by
Special Exception. Each use category provides common examples of uses that are needed
and appropriate for each zoning district.
• Dimensional Requirements- These are provisions required to properly manage the
intensity of each use or the development of a piece of property to ensure
overdevelopment or improper development does not occur, while ensuring stormwater
management does occur and properties are protected. These provisions include:
− Density of developments, expressed in dwelling units per acre;
− Floor area ratios;
− Setbacks from property lines;
− Limitations on heights of structures;
− Limitations on the percentage of the lot that can be covered with hard surface.
• General Provisions- These are regulations which are to be considered the minimum
requirements that apply to all zoning districts in order to provide for the health, safety,
and general welfare of the public as well as the island itself.
• Special Provisions- Regulations that apply to activities and uses that are specific to the
town or a situation that require additional or particular standards.
• Parking, Lighting, Landscaping & Signs- Regulations that require the minimum amount to
ensure proper development is achieved.
• Resource Protection- Additional construction standards required to avoid and minimize

the adverse impacts of development in environmentally sensitive areas. These standards

are applied to such natural features including but not limited to dunes, wetlands,
shorelines, waterbodies, and floodplains to ensure their natural functions are preserved
and not damaged or destroyed by improper development.
• Administration & Enforcement- This part of the Ordinance defines the bodies responsible
for the administration, review, and enforcement of this Ordinance. It describes the
functions and responsibilities of the different review bodies and town administration, the
procedures which are to be followed in reviewing development applications and plans,
the process by which to amend the Ordinance, and the penalties for violating this
Ordinance.
SECTION 1.9 EFFECTIVE DATE

This Ordinance shall take effect and be in force from and after the date of its adoption by the
Dauphin Island Town Council, and upon such date, all previous zoning ordinances and maps, with
all subsequent amendments thereto, are hereby repealed and replaced as of the effective date of
this Ordinance.

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ARTICLE 2
Definition of Terms
§ 2.1 WORD INTERPRETATION

§ 2.2 WORDS AND TERMS DEFINED
SECTION 2.1 WORD INTERPRETATION

Except as otherwise provided herein, all words shall have the customary dictionary meaning. If
a term used in this Ordinance is not defined in this article, the Planning Commission shall have
the authority to provide a definition based upon the definitions used in accepted sources
including, but not limited to, the most recent editions of A Planners Dictionary, A Glossary of
Zoning, Development, and Planning Terms, and A Survey of Zoning Definitions, published by the
American Planning Association (APA).
• The word “person” includes a firm, corporation, association, organization, trust or

partnership.
• The word “lot” includes “plot” or “parcel”.
• The word “used” or occupied” as applied to any land or building, shall be construed to
include the words “intended, arranged, or designed to be used or occupied”.
• The word “map” means the “Official Zoning Districts Map of the Town of Dauphin Island,
Alabama”.
• The word “building” includes “structure”.
• The words “shall”, “will”, and “must” are always mandatory.
• The words “may” and “should” are permissive in nature.
• The present tense includes the future tense and the future tense includes the present
tense.
• The singular number includes the plural and the plural includes the singular.
SECTION 2.2 WORDS AND TERMS DEFINED

As used in this Ordinance, the following words and terms shall have the meaning defined:
100-Year-Flood (or Storm). A 100-year flood or storm is an event with significantly damaging
floods that has a 1% chance of occurring in any given year. It does not mean that once a storm
of that magnitude has occurred, it will not happen again for another 100 years. Over the life of
a 30-year mortgage, there is a 26% chance that a property will experience a 100-year flood or
storm.
Abutting/Contiguous Property. Any property that is immediately adjacent to, touching, or

immediately across any road or public right-of-way from the property in question.
Accessory Building and/or Structure, Attached. A building and/or structure attached t o a

Article 2 | Definition of Terms
principal building located on the same lot by either a common wall or roofed structure, and
incidental and subordinate to the principal building or use, such as a carport or garage
apartment.
Accessory Building and/or Structure, Detached. A building and/or structure detached from a
principal building located on the same lot and incidental and subordinate to the principal
building or use.
Accessory Dwelling Unit (ADU). A second dwelling unit that is either contained within the
structure of a single-family dwelling unit or in a separate accessory structure on the same lot as
the principal residential building for use as a complete, independent living facility with
provisions within the accessory dwelling for cooking, eating, sanitation and sleeping. Such a
dwelling is an accessory use to the principal residential building and includes accessory
apartments, garage apartments and guesthouses. For the purposes of this Ordinance,
Recreational Vehicles (RV’s) shall not be considered an ADU.
Accessory Use. Accessory uses are those activities and land uses incidental to a primary use.
They function as secondary or subordinate to a primary or major use and are identified as such
in zoning and municipal ordinances. The classic example of an accessory use is a parking facility
serving an office building on the same lot. An accessory use is not the principal use of the
property, but rather a use occasioned by the principal use and subordinate to it. Terms like
‘auxiliary’, ‘ancillary’, ‘adjunct’, ‘subsidiary’, and ‘supplementary’ are also used to define
accessory uses.
Accidental Event. A sudden, unintended and unexpected occurrence that results in damage or
loss of property.
Accretion. The creation of land by the gradual accumulation or deposition of solid material by
wind or water.
Acre. A measure of land containing 43,560 square feet. See Gross Acre.
Act of God. A sudden and inevitable occurrence caused by natural forces and not by the agency
of man, such as a hurricane, flood, earthquake or a similar catastrophe.
Active Recreational Use. Activities that involve active forms of exercise or leisure-time interests
which are more suited for commercial zoning districts due to the intensity of their use, that could
disturb and alter the character of the residential neighborhood. They are uses and features that
have a commercial component and create increased traffic such as, golf courses, campgrounds,
and RV Parks.
Addition. Any walled and roofed expansion to the perimeter of a building that is connected by a
common load-bearing wall other than a firewall. Any walled and roofed addition that is
connected by a firewall or is separated by an independent perimeter load-bearing wall shall be

considered “new construction.”
ADEM. The Alabama Department of Environmental Management.
Adjacent Property. A lot or parcel of land that shares all or part of a common lot line with another
lot or parcel of land.
Administrative Appeal. A means of obtaining a review by the Board of Adjustment when an

applicant declares that an official of the Town has made an error in an interpretation or decision
made, or has failed to take action, with respect to the Zoning Ordinance.
Administrative Official. A designated government official identified as a specific official, such as

the town clerk, building official, court, police chief, etc.
Administrative Subdivision. See Exempt Subdivision.
Adult Day Care. A for-profit program operated in a state-licensed facility with limited hours that
provides group care and supervision to adults 18 years of age or older who may be physically or
mentally disabled.
Adverse Impact. A significant negative impact to land, water, associated resources and/or public
facilities resulting from development. The negative impact includes increased risk of flooding;
degradation of water quality; increased sedimentation; reduced groundwater recharge;
negative impacts on aquatic organisms; negative impacts on wildlife, flora and fauna, and
other resources; inadequate capacity for traffic, potable water, wastewater, police, fire, and
emergency medical services and threatened public health.
Affected Party. The owner of land adjacent to the land subject to a development; a person or
organization who reasonably believes their property will be directly and materially affected by a
proposed development or any officer or agent on the town.
Aggrieved Party. A person who has a legal reason to file an appeal because they have suffered
or will suffer harm or adverse impact caused by a decision or action by the town in
administering this Ordinance, and including any officer or agent of the town.
Air B&B. See Short Term Rental.
Airport. Any runway, land area or other facility designed, used either publicly or privately by any
persons for the landing and taking off of aircraft, including all necessary taxiways, aircraft
storage and tiedown area, hangars, and other necessary buildings and open spaces.
Alley. A public right-of-way which affords only a secondary means of access to abutting property
and not intended for general traffic circulation.

Allowable Stress Design (ASD). Permissible allowable stress design is a design philosophy used
by civil engineers. The designer ensures that the stresses developed in a structure due to
service loads do not exceed the elastic limit.
Aloe Bay Overlay District (ABOD). An overlay district to the Working Waterfront zoning district
that requires additional use criteria and design guidelines in efforts to create a “Town Center”
along with a mixed-use district with public facilities to enhance economic, tourism, and resident
opportunities for the Town of Dauphin Island.
Alter. To change an existing structure for purposes other than to enhance its integrity or value.
Alteration and/or Altered. These terms shall include any changes in structural parts, stairways,
type of construction, kind of class of occupancy, light or ventilation, means of ingress and egress,
or other changes affecting or regulated by the Building Code or this Ordinance, including
extension or expansion, except for minor changes or repairs not involving the aforesaid features.
Amendment. See Zoning Amendment.
Animal Care Uses. A use category that is characterized by use types related to the provision of
medical services, general care and boarding services for domestic animals. Example use types
include animal shelters, animal grooming, kennels (outdoor and indoor) and veterinary clinics
(with and without boarding).
Animal Shelter. A facility used to house and care for stray, homeless, abandoned, or neglected
animals that is owned, operated, or maintained by a public body, an established humane society,
or other private or nonprofit organization.
Antenna Support Structure. See Wireless Tele-Communications Tower Definitions and Related
Terms.
Appeal. See Administrative Appeal.
Applicant. The owner of land, or the authorized representative of the landowner,

applying for a development license or permit.
Application. The completed form or forms and all accompanying documents, exhibits and
fees required of an applicant by the appropriate town department, board or commission
as part of the review for a development permit or approval reviewed under this
Ordinance.
Aquaculture and/or Mariculture. The propagation, rearing and harvesting of aquatic

organisms in controlled or selected water environments, and the subsequent processing,
packing, and marketing.

Aquifer. A geologic formation, group of formations or part of a formation capable of

storing and yielding ground water to wells or springs, lakes and wetlands.
Architect. Any registered Architect duly licensed by the State of Alabama offering or
performing any service, work, act or thing within the scope of the practice of
architecture.
Arena, Stadium and/or Amphitheatre. A building or structure area designed or intended

for use for spectator sports, entertainment events, expositions, performing arts and
other public gatherings. Such uses may or may not include lighting facilities for
illuminating the field or stage area, concessions, parking facilities and maintenance areas.
Arterial Street. See Street, Arterial.
Assembly, Places of. Land or buildings arranged for public assembly for community or
religious purposes such as but not limited to, community centers, churches and
synagogues, including related facilities for instruction, meeting, recreation, lodging,
eating and other integrally related activities.
Athletic Field. Outdoor areas designed for athletic competitions and training for field
sports such as soccer, baseball, football and similar sports requiring outdoor fields.
Associated accessory uses may include clubhouses, shelters, bleachers, restrooms,
concessions, parking, equipment storage, irrigation system and athletic equipment.
Atrium. An open area within a building surrounded on all four sides by the building walls,
and open and unobstructed from the first-floor level to the roof or sky.
Auditorium and/or Theatre. A building or structure designed or intended for lectures,

speeches, dramas, musical performances, or other live presentations or performances,
all occurring inside a structure typically limited to a capacity of 500 or fewer seats.
Authorized Agent. An individual, firm, or corporation who is empowered, appointed or

named by the property owner to represent said owner of property in the development
process.
Automotive Repair Garages. Buildings and premises where oils and greases, batteries,
tires and automobile accessories may be supplied and dispensed at retail (or in
connection with a private operation where the general public is excluded from use of
facilities), and where in addition, the following services may be rendered and sales made,
and no other:
• Sale and service of spark plugs, batteries, and distributors and distributor parts;
• Tire servicing and repair, but not recapping or re-grooving;
• Replacement of mufflers and tail pipes, water hoses, fan belts, brake fluid, light bulbs,
fuses, floor mats, seat covers, windshield wipers and wiper blades, grease retainers,

wheel bearings, mirrors, and the like;

• Radiator cleaning and flushing;
• Washing and polishing, and sale of automotive washing and polishing materials;
• Greasing and lubrication;
• Fueling;
• Providing and repairing fuel pumps, oil pumps, and lines;
• Minor servicing and repair of carburetors;
• Emergency wiring repairs;
• Adjusting and repairing brakes;
• Mechanical repair and motor adjustments;
• Provision of road maps and other informational material to customers; and
• Provision of restroom facilities.
Uses permissible at an automotive garage establishment do not include body work, straightening
of body parts, painting, welding, storage of automobiles not in operating condition, or other work
involving noise, glare, fumes or smoke.
Awning. A detachable frame work covered by cloth or other light materials, supported from the
walls of a building for protection from sun or weather.
Bar and/or Lounge. An establishment in which alcoholic beverages are served, primarily by the
drink, and where food may also be served.
Base Flood Elevation (BFE). The expected height of water during a flood that has a 1% chance
of occurring in any given year. The BFE is identified in the Special Flood Hazard Area (SFHA) and
varies between flood zones. It is expressed on a flood map as a number of feet. The BFE is used
to determine the risk of flooding for each structure in the SFHA by comparing the BFE to the
elevation of the lowest floor of the structure. If the structure is elevated above the BFE, it has a
low risk of flooding and will receive lower flood insurance rates. If the structure is below the BFE,
the risk of flooding for that structure is high and flood insurance rates will be accordingly high.
The further the structure is below the BFE, the higher its rates will be.
Beach. A sandy shoreline area characterized by low relief, generally of gentle slope and some
vegetation. The beach extends from the waterline to a change in physiographic form such as a
dune or bluff, a change in sediment type, such as clay from sand, and/or a change in vegetation
type. For the purposes of this Ordinance, it is the area which extends from the mean high-water
line of the Gulf of Mexico, Mobile Bay and other adjacent bays, landward 1,000 feet and
seaward 2,500 feet, respectively. Gulf beaches are those sand beaches of the mainland and
islands in Alabama which are subject to the direct wave action of the Gulf of Mexico. Also see
Engineered Beach.
Beach Fence. Decorative fencing consisting of wired slats. Commonly used for visual effect
rather than structural, although it may catch and hold beach sands.
Beach Shelter. An accessory structure, temporary or permanent, consisting of one or more

columns and a roof and not including walls or permanent facilities of any type. Placement of a
beach shelter shall be subject to the regulations of the appropriate federal and/or state
regulatory agency.
Bed and Breakfast. A private owner-occupied residence providing short-term accommodations

to the public, for a charge, and with no more than four (4) guest rooms for rent. Breakfast may
be provided to the guests only.
Berm. An elongated earthen mound typically designed and/or constructed on a site for the
purposes of separation, border, barrier, screening or buffering adjacent uses. A level space,
shelf or raised barrier (usually made of compacted soil or deposited sand) separating two areas.
They are man-made or made of materials that may have been dunes that were disrupted and
are intended to defend those areas once protected by the original dunes. To the extent possible,
they consist of the same materials contained in natural dunes.
Best Management Practices (BMPs). Methods that have been determined to be the most
effective and practical means of preventing or reducing non-point source pollution to help
achieve water quality goals. Structural or non-structural design, measures, practices,
techniques or devices employed to avoid or minimize sand, soil, sediment, or pollutants from
being carried in runoff to waters of the town or state.
Bienville Boulevard South Overlay District (BSOD). This Overlay District is intended to provide
relief and flexibility for base zoning setback requirements for specific lots that are impacted by
the constant shifting terrain of the island. The overlay allowances only apply to the
northernmost lot line on through lots located at the west end of the Island, south of Bienville
Boulevard and north of the Gulf of Mexico.
Block. A tract of land bounded by public highways, streets, or by shorelines, waterways or other
definite boundaries.
Board of Adjustment. An appellate board appointed by Council, per Code of Alabama, Section
11-52-80, consisting of five (5) members and two (2) supernumerary members, each of which
serves a three (3) year term. The Board hears and acts on matters and grievances pertaining to
the Zoning Ordinance exclusively and has the power to waive and/or modify the zoning
regulations in those situations where a literal interpretation and enforcement of them would
render the property useless. The Board is responsible for hearing and ruling on three different
actions pertaining to zoning only, which are: (1) administrative appeals; (2) special exception
uses; and (3) variances. Also referred to as the Board of Zoning Adjustment (BZA).
Boarding House. Any building or portion thereof, other than a hotel, motel or bed and breakfast,
which contains guest rooms which are designed or intended to be used, let, or hired out for
occupancy by individuals for compensation whether paid directly or indirectly, and with or
without provisions for cooking by guests or meals for guests.

Boardwalk. A ground-level or elevated public pedestrian walkway constructed along a public

street or waterfront providing public access. Also see Dune Walkover.
Boat and/or Vessel. Any motorized or non-motorized vessel, used for, intended to be used for, or
capable of moving across a body of water. Non-motorized personal watercraft under twenty
(20) feet in length, such as kayaks, paddle boards, and canoes, shall not be considered a boat.
Boat and Marine Sales and/or Rental. Premises on which new or used boats, marine engines or
marine equipment are displayed for sale, lease or rental.
Boat Dock. See Pier.
Boat Docking Facility. A fixed or floating structure, including moorings, used for berthing buoyant
vessels on a commercial basis.
Boat Dry Storage. An enclosed or partially enclosed structure erected on land and designed for
the use and storage of private watercraft and marine equipment.
Boat Fueling Station. A use involving the dockside sale and dispensing of marine fuel to boats.
Boat House. An enclosed or partially enclosed structure constructed wholly or partially over
water that is designed to provide shelter for boats or other watercraft and marine-related
equipment. Boathouses are generally attached to or closely associated with a pier.
Boat Launch. A facility designed to launch and retrieve recreational watercraft from a trailer.
Boat Lift. A structure, usually with mechanical operation, designed to lift a vessel out of the water.
Boat Repair. Major overhauling or repair of small craft and pleasure boats that requires open
air, partially covered or enclosed dry dock facilities and such heavy equipment, yard space and
dock facilities as may be necessary.
Boat Slip. A space designed for the mooring of a single watercraft.
Boatyard. A yard where boats are built, repaired, and stored and often sold or rented. Often
located in a marina.
Boundary Survey. A process carried out to determine property lines and define true property
corners of a parcel of land described in a deed. It also indicates the extent of any easements
or encroachments and may show the limitations imposed on the property by state or local
regulations. It includes locating, describing, monumenting, and mapping the boundaries and
corners of a parcel of land. It may also include mapping of the topography of the parcel, and the
location of buildings or other improvements upon the parcel.

Buffer, Riparian. See Riparian Buffer.
Buffer Strip and/or Zone. An area of land along the perimeter of a development site that
contains any combination of vegetative materials, landscaping, open space, berms, fences and
walls, and provides the physical separation and screening of one use or dissimilar
development from another so as to visually shield or minimize potential adverse impacts and
nuisances between adjacent properties.
Buildable Area. The area of a lot available for building upon after the minimum required yard
space standards of the zoning district have been met.
Buildable Lot. Any lot upon which construction of a structure is permissible by all State, Federal,
and local codes and regulations.
Building. Any roofed and walled structure attached to the ground and intended for permanent
or semi- permanent use as a shelter, housing or enclosure for persons, animals or chattels.
Building Area. That portion of a lot that is occupied by the main or principal building and any
covered or uncovered porches, decks, and/or any other type of structure permitted by this
Ordinance. The building area on one lot may differ depending on the type of structure or
building is considered (e.g., accessory structures may be allowed in areas a principal structure
is not allowed.) The building area shall not include areas on which no structure or building can
be built or located, such as the required yards and areas designated for storm water
retention/detention, open ditches, and other such areas.
Building Code. The International Building Code, as adopted and modified by the Town of
Dauphin Island. Buildings and Building Regulations, of the Code of Ordinances.
Building Coverage. The percent of total lot area covered by buildings and structures but
excluding roof overhangs, unenclosed balconies and walkways, and other allowable yard
encroachments and/or projections.
Building Façade. See Façade.
Building Footprint. The perimeter of the area occupied by all of the structures on a single lot
including any roof overhangs, decks, stairways or other permanent attachments.
Building Frontage. The side of a building that faces and is substantially parallel to a street. For the
purpose of determining maximum sign area for a wall or projecting sign for one of multiple
establishments within a building, building frontage applies to that portion of the side of the
building’s street-facing side that is devoted to the particular establishment.
Building Height. The vertical distance measured from the average existing grade to the highest
point of the structure. Mechanical equipment, chimneys, air conditioners, church spires/steeples,

and other similar structures that are appurtenant to a building are not exempt from height
restrictions. Comment: Stand-alone Cellular towers and Town-owned water towers are exempt
from height restrictions.
Building Inspector and/or Official. The individual designated by the appointing authority to
enforce the provisions of the building code.
Building Line. Also known as the setback line, it is the line that defines the boundary of lot where
construction can occur, which is the buildable area of a lot (see definition). This line is important
because no vehicle, trailer, vessel, RV, etc. can be stored in the yard area between the street and
building line. All of the above must be stored behind the building line.
Building Permit. An official document or certification that is issued by the Building Official
pursuant to the current adopted Building Code and other required Ordinance standards,
authorizing the construction, erection, alteration, enlargement, conversion, reconstruction,
remodeling, rehabilitation, demolition, moving or repair of a building or structure as being
in compliance with Building Code and all other applicable standards.
Building, Principal and/or Primary. See Principal and/or Primary Building.
Bulk. Height and percentage of land coverage of a building and/or structure.
Bulkhead. An upright structure or partition built parallel or nearly parallel to the shoreline,
primarily to retain or prevent land from sliding and secondarily, to protect upland from beach
erosion and damage from wave action.
Business License. A legal document that grants you the right to operate a business in the Town of
Dauphin Island. Depending on your business, there are other licenses that may also be required.
Caliper. See Tree Definitions and Related Terms.
Campground. An outdoor lodging facility designed for overnight accommodation of persons

in tents, rustic cabins, recreational vehicles, shelters, and similar structures for the purpose of
recreation, education, naturalist or vacation. May be accompanied with appropriate facilities
which accommodate the guests such as office, bath houses, retail, and other commercial uses
commonly established in conjunction with such facilities.
Camping Unit. Any tent, trailer, camper, recreational vehicle, lean-to or similar structures
established or maintained and operated in a campground.
Camouflage. The design of a tower or telecommunications facility to minimize a visual impact

and to blend into the surrounding environment. The term "Camouflage" does not necessarily
exclude the use of un-camouflaged lattice, guyed or monopole tower designs.

Canopy, Building. A detachable, roof-like cover supported from the ground, or deck or floor of a
building, and from the walls of a building, for protection from sun or weather.
Canopy, Forest. See Tree Canopy.
Cargo Container. See Shipping Container.
Carport. A roofed structure providing space for the parking of motor vehicles and enclosed on
not more than three sides.
Cell Tower. See Tele-Communications Tower.
Cemetery. Land used or intended to be used for the burial of the human and/or animal
dead and dedicated for cemetery purposes, including crematories, mausoleums and
mortuaries if operated in connection with and within the boundaries of such cemetery.
Certificate of Occupancy (CO). Official certification that a premise conforms to provisions of

the Zoning Ordinance and building code and may be used or occupied. Such certificate is
granted for new construction or for the substantial alteration or additions to existing structures.
A structure may not be occupied unless such certificate is issued by the Building Official.
Certified Engineer. See Professional Engineer P.E.
Change of Occupancy. The term “change of occupancy” shall mean a discontinuance of an

existing use or activity and the establishment of a different use or activity, as well as a change
of tenants and/or proprietors.
Change of Tenants/Proprietor. Change of tenants or proprietors at a licensed business address.
Channel. A natural or artificial water course of perceptible extent, with bed and banks to
confine and conduct continuously or periodically flowing water. This definition also includes
Canal.
Charter Service. A personal service for hire that provides accommodations for transportation
and/or leisure services such as vehicle, vessel, aircraft, or other form of transportation for private
use. Also see Fishing Charter.
Chattel. An item of property other than real estate.
Child Day Care Facility. A facility that provides shelter and personal care for any part of a 24-
hour day to six or more children under 12 years of age who are not related to the operator(s)
of the facility. This includes day nurseries, day care centers, and other facilities that fall within
the scope of this definition.

Church. See Place of Worship.
Circumference. See Tree Definitions and Related Terms.
Clear Cutting. The indiscriminate removal of trees, shrubs and underlying

vegetation/undergrowth with the intention of preparing real property for nonagricultural
development purposes.
Clinic. A place used for the care, diagnosis and treatment of sick, ailing, infirm or injured
persons, and those who need medical or surgical attention, but who are not provided with
board.
Clinic, Veterinary. A place used for the care, diagnosis and treatment of sick, ailing, animals, or
animals in need of medical or surgical attention, or grooming, but not including overnight
boarding.
Club, Clubhouse and/or Lodge. A building or portion thereof or premises owned or operated for
a social, literary, political, educational or recreational purpose primarily for the exclusive use of
members and their guests.
Club, Private. Any association or organization of a fraternal or social character, not operated
or maintained for profit, does not include casinos, nightclubs or other institutions operated for
a profit.
Co-location. See Wireless Tele-Communications Tower Definitions and Related Terms.
Coastal Use Permit. The permit obtained to perform any land disturbance, tree removal, new
construction and/or alterations in the ‘Dune Protection Overlay District’ of Dauphin Island,
Alabama.
Code Enforcement. Code Enforcement is the prevention, detection, investigation and

enforcement of violations of statutes or ordinances regulating public health, safety and
welfare, public works, business activities and consumer protection, building standards, land-
use, or municipal affairs.
Code Enforcement Officer. A Code Enforcement Officer is a sworn or non-sworn inspector,

officer or investigator, employed by the Town of Dauphin Island, who possesses specialized
training in, and whose primary duties are the prevention, detection, investigation and
enforcement of violations of laws regulating public nuisance, public health, safety and
welfare, public works, business activities and consumer protection, building standards, land-
use or municipal affairs.
Cold Storage Facility. A building, structure, machinery, appurtenances, appliances and

apparatus occupied and used in the business of freezing food products or storing frozen food

products.
Collector. See Street, Collector.
Columbarium. A place for the respectful and usually public storage of cinerary urns (those
holding a deceased's cremated remains).
Commercial Fishing Charter. See Fishing Charter.
Commercial Lodging Use. A public facility offering transient lodging accommodations to the
general public and that may include additional facilities and services, such as restaurants,
meeting rooms, entertainment, personal services, recreational facilities, and the like.
Commercial Parking Deck and/or Garage. A structure designed to accommodate vehicular,

vessel and trailer parking spaces that are fully or partially enclosed or located on the deck
surface of a building. Where the parking facility is the primary use of the property, not the
accessory use.
Commercial Parking Lot. The use of a lot for the temporary or long-term parking of motor
vehicles, boats and trailers as a principal use (rather than as accessory to any principal use on
the lot), which contains parking spaces that may or may not be enclosed.
Commercial Vehicle. Any vehicle designed and used for transportation of people, goods or
things, other than private passenger vehicles and trailers for private non-profit transport of
goods and boats.
Common Driveway. A single driveway providing access to two (2) or more properties.
Common Open Space. See Open and/or Green Space.
Common Wall. One wall that is shared by two separate and adjoining dwelling units in a multi-
family housing structure.
Community Center. A building used for events and activities for community, youth, senior,
civic, recreational, social, educational, cultural and other like activities, open to the public and
usually owned and operated by a public or nonprofit group or agency.
Community Garden. An area of land managed and maintained by an individual or group to

grow and harvest food crops or non-food ornamental crops (e.g., flowers and ornamental
plants) for personal or group use, consumption, donation or sale. Community gardens may be
divided into separate plots for cultivation by one or more individuals, be farmed collectively by
members of a group, include common areas maintained and used by group members, or
include composting areas. They may be located on private land (vacant or developed) or on
public lands and rights-of-way as allowed by the town. Community gardens do not include

gardens maintained by individual property owners or occupants for the purpose of their
personal consumption or use. Accessory structures may include storage and tool sheds,
greenhouses, hoop houses, and cold frames.
Comprehensive Master Plan. A comprehensive, long-range plan intended to guide the physical
development of an entire municipality or region over a set period of time, which typically
includes inventory and analytic sections leading to the recommendations for the community’s
land use, economic development, housing, transportation, community facilities, and the like.
Also referred to as a MASTER PLAN. As used in this Ordinance, the term refers to the most
recently adopted Comprehensive Plan of the Town of Dauphin Island, Alabama, as amended
and supplemented from time to time by order or resolution of the Planning Commission.
Conditional Use. See Special Exception Use.
Condominium. Condominium is a single building or group of buildings, either attached or

detached, in which each dwelling unit, office or floor area is owned individually, and the
structure and common areas are jointly owned by all the owners on a proportional, undivided
basis. All of the lands (includes lands underneath each unit), roofs, exterior steps, exterior
wall/structure, plumbing (outside an interior wall), electrical (outside an interior wall), other
utilities (outside an interior wall), and other improvements outside the building structure are
owned jointly by all unit owners on a proportional, undivided basis. Comment: By definition, a
condominium has common areas and facilities and there is an association of owners organized
for the purpose of maintaining, administering, and operating the common areas and facilities. It
is a legal form of ownership of real estate and not a specific building style. The purchaser has
title to his or her interior space in the building and an undivided interest in parts of the interior,
the exterior and other common elements. The property is identified in a master deed and
recorded on a plat with the local jurisdiction. The common elements include the land
underneath and surrounding the building, certain improvements on the land and such items as
plumbing, wiring, and major utility systems, the interior areas between walls, public interior
spaces, exterior walls, parking areas, private roads, and recreational facilities.
Conex Container/Box. See Shipping Container.
Conforming Use. Any lawful use of a building or a lot that complies with the provisions of this
ordinance.
Connectivity. The relative degree of connection between streets, sidewalks or other means of
travel.
Construction. Any work or activity involved in the building of something, usually but not always
large structures.
Construction Control Line (CCL). The line seaward of which construction or excavation is

prohibited by Administrative Rules of the Alabama Department of Environmental Management

(ADEM).
Construction Plans. Plans that accompany a Site Plan or Subdivision Plat, prepared by a
Professional Engineer (P.E.), showing details of any land disturbing activity, which are in
accordance with the Stormwater Management Standards of this Ordinance. They include, but
are not limited to Street Plans, Drainage Plans, Building Plans, Erosion and Sediment Control
Plan, and Utility Plans.
Construction Site. An area upon which one or more land disturbing construction activities occur,
including areas that are part of a larger common plan of development or sale where multiple
separate and distinct land disturbing construction activities may be taking place at different
times on different schedules but under one plan.
Contiguous. Adjacent, adjoining, abutting, next to or touching and having a boundary or portion
thereof, that is coterminous.
Contour and/or Elevation Line. A line on a topographic map that connects all points of the same
ground elevation that represent ground formation by indicating the slope of the land.
Contractor Storage Yard. A use involving the outdoor storage of materials, supplies and
equipment by entities such as building, heating, plumbing or electrical contractors.
Accessory uses may include Contractor’s offices.
Convalescent and/or Nursing Home. A building, or portion thereof, wherein for compensation,
living accommodations and care are provided for persons suffering from illness, other than
mental or contagious, which is not of sufficient severity to require hospitalization, or for persons
requiring further institutional care after being discharged from a hospital other than a mental
hospital; includes Extended Care Facilities.
Convenience Store. A store with extended opening hours and in a convenient location, stocking
a limited range of household goods and groceries, and which may also provide gasoline and
limited associated automotive products.
Corner Lot. See Lot, Corner.
County. Mobile County, Alabama.
Covenants. See Restrictive Covenants.
Critical Dune Area. See Dune Definitions and Related Terms.
Cut-Off Lighting. A light having a light distribution in which the candela per 1000 lamp lumens
does not numerically exceed 2.5% at or above an angle of 90° above the angle pointing directly

downward from the light, and 10% at or above a vertical angle of 80° above the angle pointing
directly downward from the light.
Damage to Dunes. See Dune Definitions and Related Terms.
Day Care Center. A place for the day care and instruction of young or elderly persons but not
including overnight care.
Deck. A flat covered or uncovered area generally adjoining a house, building or pool, and which
may be used as an outdoor sitting or recreation area.
Deed. A legal document conveying ownership of real property.
Density. A unit of measurement which defines the number of separate dwelling units allowed per
gross residential acre.
Density, Gross. The number of dwelling units per acre of the total land to be developed.
Density, Maximum. The density allowable in a given zoning District not limited by other
applicable requirements of this Ordinance.
Detention Pond. See Stormwater Detention Facility.
Developed Lot. See Lot, Improved.
Development. Any man-made change to improved or unimproved real estate including, but not
limit to, buildings or other structures.
Diameter. See Tree Definitions and Related Terms.
Diameter Breast Height (DBH). See Tree Definitions and Related Terms.
District. See Zoning District.
Dock. See Pier.
Dormitory. A building used as group living quarters associated with an institutional use.
Double Frontage or Through Lot. See Lot, Through.
Drainage Plan. See Stormwater Management Plan.
Dripline. The guide measurement used to prevent unnecessary damage to trees during

construction works. It is defined as the outermost circumference of the tree's canopy, from
which water drips onto the ground. The 'dripline area' is taken to include the soil and roots that
lie within that circumference.
Drive-Thru Restaurant. A restaurant or public eating business so conducted that food, meals or
refreshments are delivered to the motor vehicles for consumption by the customer or patron.
Drive-Thru Use. An establishment that by design, physical facilities, service or packaging

procedures encourages or permits customers to receive services, obtain goods or be
entertained while remaining in their motor vehicles.
Driveway / Drive. A private drive, route, course and/or way leading from a lot and/or structure,
and providing access to a public road or street. May be paved or unpaved and are not considered
a public street, road, or right-of-way.
Dune. A naturally occurring or man-made emergent mound, hill or other ridge of windblown
sand either bare or vegetated, naturally or artificially accumulated. A living, moving, maritime
geologic structure consisting of sand, detritus, clays and water. A dune includes all living
materials on the dune, which stabilizes the structure of the dune including trees, bushes, plants
and vines.
Dune Definitions and Related Terms:

• Critical Dune Area. The area of land covered by the Dune Protection Overlay District
portion of this ordinance.
• Damage to Dunes. An activity including, but not limited to, any alteration of the existing
characteristics of the dune that could significantly increase the danger of erosion, storm
damage or flooding and includes the moving, digging or removal of beach or dune, or the
erection of any temporary or permanent structure without the first obtaining an
authorized Coastal Use Permit.
• Dune Crest. The highest land of any dune.
• Dune Protection Overlay District (DPOD). The properties and land area lying within the
area of the dune line of Dauphin Island as shown on Zoning Map. Best management
practices are required for construction in the DPOD.
• Dune Protection Overlay District Site Plan Review Committee (DPOD-SPRC). The
committee consisting of members of Planning Commission, Town Council, Town
Administration and Board of Adjustment created to oversee the application and permit
process for construction in the DPOD.
• Dune Slope. A part of the side of a dune, the surface of which at one end or side is at a

higher level than another; a rising or falling surface.
• Dune Toe. The lowest point on a slope of a dune.
• Dune Walkover. An elevated walkway constructed over a sand dune to allow pedestrian
access without causing damage to the dune itself. Note: Dune Walkovers must be
constructed to the standards found in the DPOD Article within the Town of Dauphin Island
Zoning ordinance.
• Interdunal Pond. A water-filled depression between coastal sand dunes.
• Interdunal Wetland. A water-filled expanse of area between coastal sand dunes. They
typically remain inundated with water and are very shallow and provide an abundant
source of invertebrates eaten by many species of shorebirds. Many interdunal wetlands
are ephemeral, drying out during periods of low rain or low water.
• Maintenance (Maintenance Activities). Those activities involved with repairing and/or

renovation existing structures and those that do not alter or increase the foot print of
existing structures or adversely impact dunes and/or dune vegetation. Maintenance
activities include, but are not limited to: repairing or replacing siding, steps, roofs,
windows, doors, fences, sidewalks, dune walkovers, landscaping.
• Man-Made Groin. Mechanically connected extensions of a dune that deviated from the
elongated dune. It may be characterized by soils, sediments, clays, foliage of recent
development. They are often made to perform the same function as natural dunes which
have been destroyed or altered.
• Natural Groin. A natural extension of a dune that deviates from the elongated dune
system and/or footprint but remains part of the natural dune. It is characterized by soils,
sediments, clays, foliage, of the same age and characteristics of the natural dune.
• Sand Dune Protection and Management Plan. The plan adopted by the Town of
Dauphin Island as Appendix A of the Comprehensive Plan, for the purpose of imposing
reasonable regulations that will protect the public investment in the beaches and dunes,
and to protect public and private infrastructures. The regulations are intended to
prevent harm or degradation to the valuable and protective sand dune resources.
• Substantial Change. Any alteration in the existing characteristics of the dune that could
significantly increase the danger of erosion, storm damage or flooding and including the
moving, digging, or removal of beach material or the erection of any permanent of semi-
permanent structure.

Dune Protection Overlay District (DPOD). An overlay zoning district that in addition to the base zoning,
requires specific regulations and policies that permit reasonable use and repair of the dune systems
or resources, consistent with sound sand dune conservation practices. The overlay requirements
address dune protection and management techniques that are both beneficial and effective in
protecting the Island’s dune system while also allowing property owners the opportunity to use,
develop, and maintain their land as they intend.
Dune Slope. See Dune Definitions and Related Terms.
Duplex. See Dwelling Unit, Two Family.
Dwelling, Residential. A building or portion thereof designed or used exclusively for residential
occupancy of a family (see definition of Family) and meeting the locally adopted building code. For
the purposes of this Ordinance, the term “Dwelling” does not include mobile homes, trailer
homes, campers, recreational vehicles (RVs), portable trailers, hotels, motels, inns, tents, yurts,
kivas, tourist courts or tourist homes.
Dwelling, Detached. A dwelling that is not attached to any other dwelling structure by any roof,
wall, floor, or other means in common with any other dwelling unit.
Dwelling Unit. A structure comprised of a room or group of rooms containing one (1) kitchen
facility and sanitary facilities designed and used exclusively or occupied as separate living quarters,
attached to a permanent foundation. Dwelling Units are categorized as the following:
a. Single-Family Dwelling Unit Detached,: A single, stick-built residential structure designed

for and occupied by one (1) family as a home, with housekeeping facilities and one (1)
kitchen facility. Each individual single-family dwelling unit shall have its own front and
rear access to the outside, housekeeping facilities, and one (1) kitchen facility, as well as
provisions for living, sleeping, eating, and sanitation, all of which are accessible from within
the unit. Each individual unit is to be occupied exclusively by one (1) family.
b. Two-Family Dwelling Unit: A single, stick-built residential structure designed for, or used
as, the separate home or residence of two separate and distinct families, having the
exterior appearance of a single-family dwelling house and separated from the other by at
least one common, fire-resistant wall or ceiling. Each individual unit in the two-family
residence shall have its own front and rear access to the outside, housekeeping facilities,
and one (1) kitchen facility, as well as provisions for living, sleeping, eating, and sanitation,
all of which are accessible from within the unit. Each individual unit is to be occupied
exclusively by one (1) family.
c. Multi-Family Dwelling Unit: A single, stick-built residential structure designed for, or used
as, the separate homes or residence of three (3) or more separate and distinct families.
Each individual unit in the multi-family structure shall have its own front and rear access
to the outside, housekeeping facilities and one (1) kitchen facility as well as provisions
for living, sleeping, eating, and sanitation, all of which are accessible from within the unit
and are separated from the other by at least one common, fire-resistant wall or ceiling.

Each individual unit is to be occupied exclusively by one (1) family.

d. Accessory Dwelling Unit: An additional single-family dwelling unit attached or detached on
the same lot as and subordinate to the principal dwelling unit on the lot (i.e. Garage
Apartment). Note: Accessory Dwelling Units may not be allowed in all Zoning Districts.
Easement. A documented grant by a property owner of the use of land for a specific purpose or
purposes by the general public, or a corporation or a certain person or persons.
Edge Effect. Changes in population or community structures that occur at the boundary of two
or more habitats. Areas with small habitat fragments exhibit especially pronounced edge effects
that may extend throughout the range.
Educational Campus and/or Institution. A public and/or private, non-profit institution for post-
secondary education, offering courses in general or technical education which operates within
buildings or premises on land owned or leased by the institution for administrative and faculty
offices, classrooms, laboratories, chapels, auditoriums, lecture halls, libraries, student and
faculty centers, athletic facilities, dormitories, and other facilities which further the educational
mission of the institution. Public schools (kindergarten through 12th grade), trade or vocational
schools are a different use type.
Egress. An exiting place or point of a property.
Elevation Certificate (EC). The National Flood Insurance Program (NFIP) requires participating
communities to adopt a floodplain management ordinance that specifies minimum requirements
for reducing flood losses. Communities are required to obtain and maintain a record of the lowest
floor elevations for all new and substantially improved buildings. The Elevation Certificate allows
the community to comply with this requirement and provides insurers the necessary information
to determine flood insurance premiums.
Emergency. Any unusual incident which endangers the health safety or resources of the general
public, including damages or erosion of any shoreline resulting from a hurricane, storm or any
such natural disturbance.
Encroaching Sand. The natural movement and accumulation of sand where prevailing onshore
winds blow sand inland. This action causes sand particles to “migrate” inland, as it does so it
accumulates and advances beyond established or usual limits.
Encroachment. See Yard Encroachments and/or Projections.
Engineer. See Professional Engineer P.E.
Engineered Beach. Any method of changing or altering the natural shoreline and beach system
in order to stabilize it. The process includes practices such as, but not limited to upland sand
recovery, screening and replacement operations, and beach nourishment/re-nourishment

through offshore dredging.
Engineering Plans. See Construction Plans.
Entertainment District. A designated district(s) within the Town of Dauphin Island allowing alcohol
retailers located only within the district’s boundaries to serve to-go alcoholic beverages in a
designated cup and allowing alcohol consumption in the streets within the district.
Environmentally Sensitive Area. An area containing one or more natural and/or ecological
resources that are susceptible and vulnerable to damage and/or degradation resulting from
man-made impacts on the land such, as land disturbance or construction activities. These
natural and ecological resources include areas where plant and/or animal life and their
respective habitats exist, which are ecologically valuable due to their function, purpose, and
benefit they provide to the land. These resources are also considered rare, threatened, or
endangered due to their sensitivity and vulnerability to anthropogenic impacts.
Erected. The word “erected” includes built, constructed, reconstructed, moved upon or any
physical operations on the premises required for building. Excavations, fill drainage and the like
shall be considered a part of erection.
Erosion. The wearing away of land or the removal of land, beach, and/or dune material by
actions including but not limited to foot traffic, wind, wave action, tidal currents, littoral currents
or deflation.
Erosion and Sediment Control Plan. A plan developed to address effects caused by soil erosion
and sedimentation during land disturbing construction activity.
Essential Services and Facilities. Public utility facilities related to water, storm water sewers,
sanitary sewers, solid waste disposal, telecommunications, cable television, gas and electrical
collection or distribution systems serving the community.
Excavation. The process of any removal of soil, rock, sand, gravel, or other unconsolidated
materials from a location.
Exempt Subdivision. Any type of division of land that is not defined as a subdivision and that is
exempt from the subdivision plat review process, see Town of Dauphin Island Subdivision
Regulations. Exemption from the requirement for approval to subdivide does not constitute
exemption from the requirements of other applicable regulations including but not limited to
state law, zoning regulations, ordinances, and/or Health Department requirements. Any
applicant who appears to be circumventing the intent and substance of these Regulations shall
be required to submit a plat for review and approval by the Planning Commission and shall be
subject to penalties.
The following types of land divisions shall not be defined as a subdivision and are exempt from

the provisions of the Town of Dauphin Island Subdivision Regulations.
1. Property that is divided by probated family estates;

2. The sale or exchange of lots or parcels of land between adjoining property owners;
provided that:
• no additional lots are created;
• none of the lots affected by the sale or exchange is reduced below the minimum size
required by the Zoning Ordinance for the zoning district in which the property is located;
• no existing easement shall be vacated or moved without approval by the Town and the
granting of a like easement acceptable to the Town;
3. The relocation of a common property line between two parcels where no new parcels
are created, also referred to as a re-plat. The re-platted parcels shall meet minimum lot
size, width requirements and access requirements as required by the Subdivision
Regulations and Zoning Ordinance;
4. Family property that is divided by an individual and given or sold to family members,
including, parents, spouses, sisters or brothers, children or grandchildren, either adopted
or natural, where all lots involved in the division front an existing road or right-of-way
where no streets or roadway access to the lots is involved and where lots are not less
than the minimum lot size as herein required. If the lots created from this type of land
division DO NOT front an existing road or right-of-way, this land division must adhere to
the minimum standards of the Street and Lot requirements of the Town of Dauphin Island
Subdivision Regulations;
5. Subdivision of land by court order including, but not limited to, judgments of foreclosure;
6. The public acquisition by gift or purchase of strips or parcels of land for the widening or
opening of streets or for other public uses;
7. The division of land wherein the size of each and every resulting parcel of land is equal to
or exceeds ten (10) acres and involves no street or other public improvements. Each
parcel shall have frontage on a maintained right-of-way;
Expansion, Building or Use. The addition or enlargement of rooms or storage spaces, porches,
or parking area, to an existing building or use on a parcel of land.
Façade. The entire exterior wall of a building facing a lot line measured from the grade to the
eave or highest point of a flat or mansard roof.
Factory-Built Housing. Any structure, or component thereof, designed primarily for residential
occupancy which is wholly, or in substantial part, made, fabricated, formed ,or assembled in an
off-site facility, transported and intended for installation, or assembly and installation on the
building site. For the purpose of this Ordinance, factory-built housing consists of modular and
manufactured homes and is not considered a stick-built structure.
Family. For the purpose of this ordinance, a family is one or more persons occupying a single
dwelling unit and using common cooking facilities; provided that, unless all persons are related
by blood, adoption, marriage or guardianship; no such family shall contain more than five (5)

unrelated persons.
Farmer’s Market. An occasional or periodic market held in a structure or open area where
farmers sell their own produce or farm products.
FEMA - Federal Emergency Management Agency of the United States Government. The
agency that administers the national Flood Insurance Program and the Flood Insurance Rate
Maps.
Fill. Sand, gravel, earth, or other materials of any composition placed on a site for stabilizing or
elevating.
Filling. The process of depositing or placing material to raise the level of a certain area or to
change the type of soil of the area.
Final Grading. The excavation and leveling process that occurs during construction on top of the
existing grade of the land after the initial rough grading process occurs.
Finished Grade. The elevation of the surface of the ground after completion of final grading.
Finished grade is the adding or removing of soil to within 1 - 2 inches of the existing grade,
creating the final contour and elevation of the ground needed to prepare the land for a sod
base, hydroseed bed, or another ground cover.
FIRMs. See Flood Insurance Rate Maps.
Fishing Charter. A personal service for hire carrying a passenger or passengers that provides
recreational and sport fishing from a vessel for private use.
Fixed Dwelling. A dwelling unit (or structure containing several units) attached to a permanent
foundation.
Flea Market. A market held in an open area or structure where individual sellers offer goods for
sale to the public. Such sellers may set up temporary stalls or tables for the sale of their
products. Such sales may involve new and/or used items and may include the sale of fruits,
vegetable and other edible items. A farmers’ market, where food items predominate, is
different than a flea market. This also differs from a garage sale or yard sale that is conducted
on a residentially developed lot by members of a household, or civic groups selling primarily
donated items.
Flood. To cover or submerge a place or area with an inundation of water. The overflowing of a
large amount of water beyond its normal confines, especially over what is normally dry land.
Flood Damage Prevention Ordinance 55. A Town Ordinance adopted by Council requiring
additional and higher standards of construction when building in a Special Flood Hazard Area

(SFHA-flood zones AE or VE), within the corporate limits.
Flood Hazard Area and/or Special Flood Hazard Area (SFHA). An area identified by the United
States Federal Emergency Management Agency (FEMA) as an area with a special flood and/or
flood related erosion hazard, as shown on a flood hazard boundary map or flood insurance rate
map (FIRM).
Flood Insurance Rate Map (FIRM). The official flood boundary map of a community on which
FEMA has delineated both the special hazard areas and the risk premium zones applicable to the
community.
Flood Protection Elevation. The base flood elevation plus the community’s adopted additional
freeboard (2 feet) requirement. In areas where no base flood elevations exist from any
authoritative source, the flood protection elevation can be historical flood elevations or base
flood elevations determined and/or approved by the floodplain administrator plus freeboard.
Floodplain. Land areas established by FEMA’s Flood Insurance Rate Maps (FIRM) which lie
within or adjacent to the 100-year flood elevation contour boundary.
Floodplain Administrator (FPA). The Town’s designee who is responsible for implementing the
community's local floodplain ordinance and ensuring that the community is complying with
minimum NFIP standards and enforcing any locally imposed higher standards.
Floodway. The channel of a river or other watercourse and the adjacent land areas that must be
reserved in order to discharge the base flood without cumulatively increasing the water
surface elevation more than a designated height.
Floor Area, Gross. The sum of the gross enclosed horizontal areas of each floor of the principal
building and any accessory buildings or structures, measured from the exterior walls or from
the centerline of shared party walls. The term does not include any area used exclusively for
the surface parking of motor vehicles for a building, or area under the first habitable story, or
equipment access, such as stairs, elevator shafts, and maintenance crawl space.
Food Processing. An establishment in which food, including seafood, is processed or otherwise

prepared for eventual human consumption but is not consumed on the premises.
Footprint. See Building Footprint.
Fragmentation. The process whereby a large patch of habitat is broken down into many smaller
patches of habitat, resulting in a loss in the amount and quality of habitat.
Freeboard. The additional height above base flood elevation (BFE) that is required for new
structures to be built to. For example, if the BFE for a new structure is 6, and the Town requires
and additional 2’ of freeboard, the structure must be elevated 8 feet above the BFE. Higher

freeboard results in significantly lower flood insurance rates because the higher a structure is
elevated, the less likely it is to flood. FEMA encourages communities to adopt at least 1 foot of
freeboard. The standard freeboard requirement for the Town of Dauphin Island is an additional
two (2) feet above BFE.
Front Lot Line. See Lot Line, Front.
Funeral Home. An establishment used for the preparation of the deceased for burial that provides
human funeral services, including embalming and memorial services. Crematories are accessory
uses to a funeral home.
Garden Home. See Single-Family Dwelling Unit Attached.
Gas Station. Buildings and premises where gasoline, oils, batteries and automobile accessories may
be supplied and dispensed at retail (or in connection with a private operation where the
general public is excluded from use of facilities), and where, in addition, the following services
may be rendered and sales made, and no other:
• Sale and service of gasoline, oil, batteries and automobile accessories;
• Sales of drinks, packaged foods, tobacco, beer and similar convenience goods as
accessory and incidental to principal operation;
• Provision of road maps and other informational material to customers; and
• Provision of restroom facilities.
Uses permissible at a gas sales establishment do not include any repair of automobiles.
General Services. Establishments engaged in the repair or servicing of agriculture, seafood,

industrial, business or consumer machinery, equipment, products or by-products. Few
customers, especially the general public, come to the site. Accessory activities may include retail
sales, offices, parking and storage. Example use types include machine shops; tool repair shops;
small engine repair shops; repair of scientific or professional instruments; and general service
uses.
Geology. The relationship of the earth and the materials of which it is composed, to the changes
which it has undergone, is undergoing, or is likely to undergo.
Glare. The reflection or harsh, bright light and the physical effect resulting from high
luminance or insufficiently shielded light sources to cause annoyance, discomfort or loss in
visual performance and visibility.
Golf Course. A tract of land laid out with at least nine holes for playing the game of golf and
improved with tees, greens, fairways, and hazards. A golf course, public or private, may include
a clubhouse (with or without eating facilities), shelters, a driving range, putting green,
maintenance facilities, an irrigation system, and outdoor storage of materials and equipment.
Golf Driving Range. A limited area on which golf players do not walk, but onto which they drive

golf balls from a common driving tee. Such uses may include a concession stand, netting, exterior
lighting fixtures, putting greens, as well as maintenance and outdoor storage areas. Such uses
do not include golf courses.
Government Uses. A use category that includes use types providing for the general
operations and functions of local, state, or federal governments. A wide range of accessory uses
may be found, depending on the use type. Example use types include courthouse facilities,
government administrative offices, post offices, fire and EMS stations, police stations,
correctional facilities, and government maintenance, storage, and distribution facilities. This
use category does not include passenger terminals for surface transportation services
(categorized as transportation uses), or town, county, or state parks (categorized as park and
open area uses), or water, wastewater, gas, electric, or other infrastructure services
(categorized as utility and communication uses).
Green Infrastructure. An approach to water management that protects, restores or mimics the
natural water cycle. Green infrastructure is effective, economical and enhances community
safety and quality of life. It means planting trees and restoring wetlands, rather than
installing structural apparatus for stormwater management.
Green Space. See Open and/or Green Space.
Greenway. A linear greenbelt linking various types of development by such facilities as bicycle
paths, footpaths, and bridle paths. Greenways are usually kept in their natural state except for
the pathway and area immediately adjacent to the pathway.
Gross Acre. All non-submerged land area (upland area) within a given boundary including all roads,
infrastructure, utilities, and open space areas.
Group Home. A home with state licensed caretaker and support staff that provides room
and board, personal care, and habilitation services in a family environment for three (3) or more
adult resident persons with disabilities, i.e., persons with a temporary or permanent physical,
emotional, or mental disability, including but not limited to mental retardation, cerebral palsy,
epilepsy, autism, hearing and sight impairments, emotional disturbances, and orthopedic
impairments, but not including mentally ill persons who are dangerous to others. A group
home does not include assisted living facilities, nursing care facilities, rooming or boarding houses,
or halfway house/mainstreaming facilities. Five or fewer persons with disabilities who live
together in a dwelling are considered a family.
Guyed Tower. See Wireless Tele-Communications Tower Definitions and Related Terms.
Habitable Living Space. The total square footage of heated and cooled living space.
Health Care Uses. A use category that includes use types providing a variety of health care
services, various types of medical treatment, nursing care, preventative care, diagnostic and

laboratory services, and physical therapy. Care is provided on an outpatient basis. Accessory
uses may include offices and meeting rooms. Example use types include facilities such as medical
and dental clinics and labs, outpatient medical treatment, psychiatric treatment, and blood or
tissue collection facilities. This use category does not include assisted living facilities or group
homes, which focus on providing personal care rather than medical care to residents and are
categorized as group living uses.
Heavy Commercial Use. See Large Commercial Use.
Hedge. A group of shrubs planted in line or in groups that forms a compact, dense, living
barrier that demarcates an area from on-site or off-site views.
Heritage Tree. See Tree, Heritage.
Home Occupation. A service, business, profession, occupation, or trade that is usually

conducted full-time or part-time within a residential home by the resident(s) of the home for
the economic gain or support of the resident(s) of the home. Where the Home Occupation
License Holder receives clients and conducts business at the residence; where the Home
Occupation use is incidental and secondary to the residential use of the lot, and where the use
does not include any retail or wholesale sales on the premises (other than over the phone and
through the mail) nor any industrial use (other than custom crafts and sewing) and does not
adversely and/or perceptively affect the character of the lot or surrounding area. Home
occupation does not include any business that is clearly inappropriate or out of character for a
residential area, or such that its location constitutes an adverse impact on neighboring
residential properties. A Home Occupation License is required by the Town of Dauphin Island
and issuance of the license requires Planning Commission review.
Home Occupation/Office License. A form of business license issued by the Town of Dauphin
Island.
Home Office. A service, business, profession, occupation or trade where the business activity is
not conducted in the residence, but rather off-site, and where the business owner does not
receive clients at the residential home, and only maintains a home office in the residence for
the purpose of general management activities of the business. A Home Office License is required
by the Town of Dauphin Island and issuance of the license requires Planning Commission review.
Home Owner’s Association (HOA) or Property Owner’s Association (POA). An incorporated,

non-profit organization of homeowners of a subdivision, condominium, or planned unit
development that makes and enforces rules for the properties and their residents. Those who
purchase property within an HOA's or POA’s jurisdiction automatically become members and
are usually required to pay dues, known as HOA/POA fees. The purpose of a home
owners/property owners association is to provide a common basis for preserving, maintaining,
and enhancing homes and property values by enforcing restrictive covenants. With regards to
construction and development applications, property owners must meet the regulations of both

the Town’s Zoning Ordinance and the HOA’s or POA’s requirements.
Hotel and/or Motel. A building or structure under a common or multiple ownership interest
and single management which is designed, used or held out to the public to be place where
sleeping accommodations are supplied for pay to transient guests or tenants. Such hotel or
motel, with or without individual kitchen or cooking facilities, may have one or more dining
rooms, restaurants, cafes or cocktail lounges where food and drink are served. To be classified
as a hotel or motel, an establishment shall contain not less than five (5) individual guest rooms,
maintain an inner lobby, and furnish services such as room cleaning, linen supply, telephone, and
furnishings.
House Pet. For the purposes of this Ordinance, the term House Pet shall mean domesticated
animals other than those defined by this Ordinance as Livestock. Those which are intended for
companionship purposes and not for profit, farming, or food; such as: domesticated dogs, cats,
guinea pigs, white rats, rabbits, mice, tropical fish and tropical birds, and other similar animals, but
not including fowl, poultry, or any similar type.
Hydraulics. The effects of water or other fluids in motion.
Illegal Noncomforming. Uses, buildings, structures, and lots that were illegally established and
not lawfully permitted prior to the adoption of this Ordinance. Any illegal nonconformity shall
remain illegal and be subject to penalties, remedies, and fines that are pursued and set forth in
this Ordinance.
Impervious Surface. A surface that has been compacted or covered with a layer of material so
that it is highly resistant to infiltration and does not effectively absorb water. Any areas of hard
surface such as concrete, asphalt, pavement, roofs, sidewalks, drives, driveways, paved parking
lots, and such are considered impervious surfaces.
Impervious Surface Ratio (ISR). A measure of the intensity of land use which is determined by
dividing the total area of all impervious surfaces on a development site by the site area.
Improve. To change an existing structure in order to enhance its integrity or value.
Incidental. Subordinate and minor in significance, and bearing a reasonable relationship to the
primary use.
Indigenous Trees and/or Vegetation. Naturally occurring trees and vegetation found on dunes,
marshlands, maritime forests, savannas, etc. located on Dauphin Island. A list is located in
the Dune Protection Overlay Zoning District section of this Ordinance.
Industrial Use. A use category that includes use types involving the repair or servicing of
industrial, business, or consumer machinery equipment, products, or by-products. Firms that

service consumer goods do so by mainly providing centralized services for separate retail outlets.
Contractors and building maintenance services and similar uses perform services off-site. Few
customers, especially the general public, come to the site. Accessory activities may include
limited retail or wholesale sales, offices, warehousing, and outdoor storage.
Ingress. Access or entry point.
Interdunal Pond. See Dune Definitions and Related Terms.
Interior Drives/Driving Aisles. A drive that connects a public street to a lot or structure on a lot and
provides connectivity throughout the lot.
Jurisdictional Wetland. A wetland determined by the U.S. Army Corps of Engineers as being within
their jurisdiction.
Kennel. A commercial entity which includes, but not limited to the following activities pertaining
to house pets for a temporary period of time, all for a fee or compensation: boarding, housing,
harboring, or fostering, training, grooming, breeding, selling, and animal runs.
Kitchen. A single area within a structure that is used or designed to be used for the preparation or
cooking of food and that contains cooking appliances or rough-in facilities shall include a sink,
refrigerator, oven, stove with 240-volt electrical outlets or any gas lines.
Land Disturbance. Any alteration or any activity that changes the physical conditions of land
form, vegetation and hydrology, creates bare soil, or otherwise may cause erosion or
sedimentation. Such activities include, but are not limited to clearing, demolition, removal of
trees and vegetation, stripping, transporting, grading, grubbing, excavating, filling, logging,
storing of materials, and other construction activities which would disturb the natural
vegetation and/or existing contours of the land.
Land Disturbance Permit. A permit issued by the Building Official’s department prior to
performing any of the activities listed as land disturbance in this Ordinance.
Land and/or Property Owner. Any owner of a legal or equitable interest in land, including
the heirs, devisees, successors, assigns, and agent or personal representative of the owner.
Land Survey. See Boundary Survey.
Land Use. A description of how land is occupied or used. The activity occurring on the land.
Landlocked. Property that is surrounded by other property. A lot without direct access to a public
or private road. Landlocked property has no legal access road to it in which the only way to access
the land is by crossing through neighboring property. No newly created lot shall be created within
the Town of Dauphin Island that is considered to be landlocked.

Large Commercial Use. Large Commercial uses are considered any large-scale business activity
involving the sale of goods or services carried out for profit. These types of uses are typically
larger in size and involve a more intense use that typically generates higher volumes of vehicular
traffic.
Legal Conforming. A project meets all zoning district requirements including, but not limited to:
use, area, setback, height, density, and parking according to the most recently adopted zoning
ordinance, and has been legally established and/or permitted. A proposed use that is allowed
and permitted in the zoning district in which the lot is located, the use, building, or structure
may be expanded, increased in accordance with all other requirements, within the buildable
area defined by this Ordinance, provided that a building permit has been issued and all local
building codes have been met.
Legal Nonconforming. Any land use activity or physical design of a building, structure, or lot of
record that was legally established and/or permitted prior to the effective date of a new
Ordinance, and was conforming to the zoning requirements of the previous Ordinance, but is
currently not in full compliance with the regulations of the new Ordinance. Legal
Nonconformities shall be permitted to continue indefinitely subject to the provisions of this
Article.
Liquor Store. An establishment licensed by the state exclusively for the retail sale of alcoholic
beverages in original packages for consumption off the premises where sold.
Little House. See Tiny House.
Littoral. Pertaining to the shore of a sea.
Littoral Drift. Material such as sand and stones moved near the shore in the littoral zone
under the influence of waves and currents.
Livable Floor Area. Livable (Habitable) floor area is floor area used for living purposes, usually
having access to heat, plumbing, and electricity. It includes foyers, hallways, restrooms, closets,
storage, and other common areas within a building. Habitable floor area does not include
mechanical rooms, elevators and fireplaces. Habitable floor area is measured either from the
exterior of the faces of the building or the exterior limits of any interior wall that separates
habitable floor area from non-habitable floor area, whichever is applicable.
Livestock. For the purposes of this Ordinance, the term Livestock shall mean any animal of the
equine (horse), bovine (cow), swine (hog), caprine(goat), ovine (sheep), or fowl or poultry
species or type to include caged or free-range chickens, guineas, and the like.
Loading Space, Off-Street. Space logically and conveniently located for bulk pickups and
deliveries, scaled to delivery vehicles, and not considered as part of the minimum required off-

street surface parking.
Lodging House. See Boarding House.
Lodging Use. Activities that furnish temporary habitation accommodations to individuals for profit.
Long-Term Rental. A long-term rental is typically considered any type of lodging that is rented
and/or leased for a time period longer than six months.
Lot. A designated parcel of land established by law through platting or subdivision, to be

separately owned, used, developed, or built upon; that is occupied by a principal use or
structure, together with any accessory uses or structures, and all accompanying drives,
walkways, access ways, parking areas, yards, open spaces, and other features required and
permitted under this Ordinance; all of which are confined to and within, but not to exceed the
legal boundaries of the lot as recorded at Mobile County Probate Court, see Figure 1.
Lot, Corner. A lot or parcel of land abutting on two or more streets at their intersection or on
two parts of the same street forming an interior angle of less than 135 degrees, see Figure 1.
Lot, Developed. See Lot, Improved. FIGURE 1: LOTS

Lot, Double Frontage. See Lot, Through, see Figure 1.
Lot, Improved. A lot with buildings or structures.
Lot, Interior. A lot other than a corner lot, see Figure 1.
Lot, Substandard. A lot that has less than the minimum

area or minimum dimensions required in the zone in
which the lot is located.
Lot, Through. A lot that fronts on two separate streets or two waterways, both of which lie
parallel to the lot, that do not intersect at the boundaries of the lot, see Figure 1. Also known
as Double Frontage Lot.
Lot, Waterside Through. A lot that fronts a street on one side and a shoreline on the other side,
in which the street or shoreline lie parallel to the lot.
Lot Access. Means of providing a direct entry and exit point to a lot of record by way of a public
or private street to ensure said lot is not landlocked by adjacent properties. Each lot of record or
newly created lot within the Town of Dauphin Island shall front upon a paved public or private
street having a minimum right-of-way width of 50 feet.
Lot Area. The amount of horizontal land area contained within the lot lines of a lot, excluding

public street rights-of- way and private street easements.
Lot Coverage. The part of the lot that is covered by impervious surfaces. Also see Building
Coverage.
Lot Density. The maximum number of housing structures and/or dwelling units per units of land.
For the purposes of this Ordinance, the maximum lot density is measured in gross acre (see
definition of gross acre).
FIGURE 2: LOT LINES
Lot Depth. The average distance measured from the
front lot line to the rear lot line.
Lot Frontage. The length of the front lot line measured

at the street right-of-way line. That portion of a lot
abutting a street.
Lot Line. A line of record that sets the outer boundary

of the property, bounding a lot that divides one lot
from another lot or from a public or private street or
any other public space.
Lot Line, Front. The lot line separating a lot from a

street right-of-way, see Figure 2.
Lot Line, Rear. The lot line of a lot that connects the
lot’s side lot lines along the lot boundary opposite its
front lot line, see Figure 2.
Lot Line, Side. The lot line of a lot that lies along a lot
FIGURE 3: ZERO LOT LINES
boundary connecting the outer ends of the lot’s front
and rear lot lines. A lot generally has two side lot
lines. A side lot line may abut the boundary of
another lot, or the boundary of a public street right-
of-way or private street easement that is not faced
by the lot’s principal structure, see Figure 2.
Lot Line, Zero. A lot line that allows a building

located on a lot in such a manner that one or more
of the dwelling’s sides rests on a lot line, see Figure 3.
Lot of Record. A parcel, plot, tract, or other land area created by subdivision which is
part of a recorded subdivision plat or a plot described by metes and bounds on a subdivision
plat or deed, in which the plat or deed has been recorded in the office of the county clerk
according to Alabama Law.

Lot Width. The average horizontal distance between the side lot lines, with the minimum to
comply with this code to be measured at the front setback line.
Low Impact Development (LID). Land planning and engineering design approach to manage
stormwater runoff as part of green infrastructure. LID emphasizes conservation and use of on-
site natural features to protect water quality.
Lowest Floor Elevation and/or Lowest Habitable (Livable) Floor. The lowest portion of the
lowest horizontal support member of the lowest enclosed space used for living purposes, which
includes working, sleeping, eating, cooking, recreation or combination thereof. Defined by
FEMA as: “the lowest floor of the lowest enclosed area, except for unfinished or flood-resistant
enclosures used solely for parking of vehicles, building access, or storage.” If the lowest enclosed
area is used for anything other than vehicle parking, building access, or storage, the floor of that
area is considered the lowest floor. A floor used only for storage shall not be considered a
habitable floor.
Lumen. A unit of luminous flux. One foot-candle is one lumen per square foot. Lumen output
values shall be the initial lumen output ratings of a lamp.
Maintenance (Maintenance Activities). See Dune Definitions and Related Terms.
Major Construction Project. Any type of large-scale construction that includes the construction or
installation of new buildings, streets, roads, drives, parking lots and/or infrastructure.
Major Subdivision. See Subdivision, Major.
Man-Made Groin. See Dune Definitions and Related Terms.
Manufactured Home Dwelling. A factory-built, residential structure or parts thereof (pre-

fabricated components) that was manufactured off site and transported on a chassis to the
building site. Must be built to the Federal Manufactured Home Construction and Safety
Standards Act (42 U.S.C. Sec. 5401), commonly known as the HUD Code. A Manufactured Home
bears a RED HUD Seal affixed to the rear of each section of the home. For the purposes of this
Ordinance, the term “Manufactured Home Dwelling” shall not have the same definition as a
Single-Family Dwelling Unit. See additional requirements for Manufactured Home Dwellings
in the Supplemental Regulations and Special Provisions Article of this Ordinance.
Manufacturing, Light. Manufacturing or industrial operations which do not emit detectable dust,
odor, smoke, gas or fumes beyond the bounding property lines of the lot or tract upon which the
use is located and which do not generate noises or vibrations perceptible in frequency or
pressure above the ambient level of noise in areas lying beyond the zone District boundaries in
which such operations are located.
Map Amendment (Rezoning). A change in the zoning district classification applied to land,

reviewed and recommended by the Planning Commission and decided by the Town Council
in accordance with this Ordinance.
Marine and Water-Dependent Uses. Activities that are intended to preserve and promote the
unique waterfront setting of the island through the combination of commercial activities, multi-
family housing opportunities, and public open space that are essential to the island economy,
and provide numerous opportunities for pedestrian and tourist access to the surrounding
waterfront. These uses provide public access to both active and inactive aspects of the
waterfront (marinas, harbors, boat slips and launches, parks, pedestrian boardwalks,
observation decks, fishing piers, etc.), support the commercial uses that depend on the
waterfront location (commercial/recreational fishing and boating, seafood sales, waterfront
dining, etc.), and offer additional multi-family housing options, as well as complimentary retail
and public service uses to supplement the waterfront activities to ensure the goals of the
Working Waterfront are achieved.
Marina. A facility for the docking, mooring, berthing, or storage of four (4) or more watercraft.
Such uses may include a wide variety of accessory uses such as boat fuel sales, sales of
boating supplies and equipment, boating- related services, laundries, boat repair and rental,
retail facilities for owners, crews, and guests, and dry storage of boats.
Mast or Masting. The production of many seeds by a plant every two or more years in regional
synchrony with other plants of the same species.
Master Plan. See Comprehensive Master Plan.
Maximum Lot Density. See Lot Density.
Maximum Density Factor. A term used in zoning to calculate the maximum allowable number of
residential units that can be developed on a single lot or parcel of land. To determine the total number
of residential dwelling units allowed per lot, plug the maximum density factor into the density equation
and divide the square footage of the lot by the square footage of an acre (43,560) and multiply by the
maximum density factor for the zoning district in which the lot is located. These factors vary in different
zoning districts. See § 5.4.4.
Maximum Lot Coverage. The maximum area of a lot that can be covered by an impervious/hard-surface
which cannot absorb rain water. For the flood protection and safety of the Island, the maximum amount
of impervious surface allowed on any lot or portion of the lot used for Residential purposes within the
corporate limits of the Town of Dauphin Island shall not exceed thirty percent (30%) or the percentage
required by the zoning district.
Mean High Tide Line and/or Mean High Waterline. The line on a map which represents the intersection
of the land with the water surface when it reaches its average height by high tide.

Mini-Warehouse. See Self-Service or Mini-Warehouse Facility.
Minor Construction Project. Any type of small-scale construction that does not include the
construction or installation of new buildings, streets, roads, drives, parking lots and/or
infrastructure.
Minor Subdivision. See Subdivision, Minor.
Mixed-Use Development. A single lot, tract of land, parcel, or structure developed for a variety
of complementary and integrated uses, such as, but not limited to, residential, office, retail,
institutional, public, or entertainment. Such uses are functionally integrated and share
vehicular use areas, ingress/egress, and pedestrian access. Intended for development that is
compact, diverse and walkable and that enhances the character and form through appropriate
design. It allows for a mix of compatible uses that are either mixed and distributed horizontally
within a site or vertically within individual buildings. This type of development allows for
flexibility in zoning by making it possible to utilize the property with more than just one use,
which provides for more opportunity for the development to maximize the use of the land to its
fullest potential.
Mobile Food Vendor. A food service establishment that is vehicle-mounted, trailer –mounted, or
wheeled and is capable of being readily moveable. This does not include vehicles regularly
operating on a public road, selling individually packaged items like ice cream trucks. Units may
be motorized or not, and may or may not require outside power or utility service, but must
be fully mobile and able to be relocated within one hour of notice. The establishment must
meet Board of Health standards.
Mobile Home. A movable or portable structure over thirty-two (32) feet in length and/or eight
feet or more in width, constructed to be towed on its own chassis, connected to utilities and
designed without a permanent foundation for year-round living. It can consist of one or more
units that can be telescoped when towed and expanded later for additional capacity or of two
or more units, separately towable but designed to be jointed into one integral unit. The use
of such a structure for purposes other than residential shall not affect its definition as a
“Mobile Home” under the terms of this Ordinance.
Mobile Home Park. A residential development on a parcel of land in one ownership providing
rental spaces for two (2) or more mobile homes on a long-term basis, i.e. more than 180 days
and may have recreation and service facilities for the tenants.
Mobile Home Space. A plot of ground within a mobile home park designed for the
accommodation of one (1) mobile home or travel trailer.
Modification. A partial change in the form of a structure.
Modular Home Dwelling. A factory-built, transportable building constructed by the assembly of

two (2) or more pre-manufactured units, sections, or modules, designed to be fully constructed

and used for residential habitable purposes at a building site to be placed on a permanent
foundation into a permanent structure according to local and state codes, thereby creating a
permanent residence which shall comply with all provisions as set forth in this Ordinance. Must
be built to the International Residential Building Code currently adopted by the Town of
Dauphin. A modular home bears a seal of compliance with the regulations of the Alabama
Manufacturing Housing Commission (International Building Code) Alabama Code 24-4A. The
Insignia is placed on the electrical panel door of a residential modular home. For the purposes
of this Ordinance, a Modular Home will be considered the same as a Single Family Dwelling Unit.
Monopole Tower. See Wireless Tele-Communications Tower Definitions and Related Terms.
Moratorium. The legally authorized delay of new construction or development for a set period of
time.
Multi-Family Dwelling Unit. See Dwelling Unit, Multi-Family.
Museum. A building serving as a repository for a collection of natural, scientific, historical, or

literary curiosities or works of art, and arranged, intended, and designed to be used by members
of the public for viewing, with or without an admission charge, and which may include as an
accessory use the limited retail sale of goods, services, or products to the public.
National Flood Insurance Program (NFIP). A program managed by the Federal Emergency
Management Agency (FEMA) that enables homeowners, business owners and renters in
participating communities to purchase federally backed flood insurance. This insurance offers an
insurance alternative to disaster assistance to meet the escalating costs of repairing flood
damage to buildings and their contents. The NFIP is a public-private partnership between the
federal government, the property and casualty insurance industry, states, local officials, lending
institutions, and property owners. It is administered by FEMA, while insurance policies are sold
and serviced by insurance companies and the NFIP Direct.
Native Vegetation. Plants indigenous to a given area in geologic time. This includes plants that
have developed, occur naturally, or existed for many years in an area without intentional human
involvement.
Natural Groin. See Dune Definitions and Related Terms.
Niche. A unique ecological role of an organism in a community.
Nonconforming Lot of Record. Any lot of record that lawfully existed before adoption of this
Ordinance, or subsequent amendment thereto, but does not comply with the lot standards
applied by this Ordinance, or the subsequent amendment.
Nonconforming Sign. See Sign Definitions and Related Terms.

Nonconforming Site Feature. Any off-street parking, landscaping, perimeter buffer, or

screening that lawfully existed before adoption of this Ordinance, or subsequent amendment
thereto, but does not comply with the off-street parking, landscaping, perimeter buffer, or
screening standards applied by this Ordinance, or the subsequent amendment.
Nonconforming Structure. Any building or other structure that lawfully existed before adoption
of this Ordinance, or subsequent amendment thereto, but does not comply with the standards
applied by this Ordinance, or the subsequent amendment, that govern its size, height,
coverage, setbacks, and other locational aspects.
Nonconforming Use. Any use of land or a building, sign, or other structure that lawfully existed
before adoption of this Ordinance, or subsequent amendment thereto, but does not comply
with the use standards applied by this Ordinance, or the subsequent amendment. If the land
or structure is vacant or unused before adoption of this Ordinance, or a subsequent amendment,
it shall be conclusively presumed that any use of the land or structure is subject to the
provisions of this Ordinance, or the subsequent amendment. Damage of fifty percent (50%) or
greater, either physically or in fair market value, to a building,
sign or other structure that falls under this Nonconforming Use clause must be brought into
compliance with the current building code and meet the requirements of the current Zoning
Ordinance (if applicable).
Nonconformity. A nonconforming use, structure, lot of record, sign, or site feature that lawfully
existed before adoption of this Ordinance.
North American Vertical Datum (NAVD). A fixed reference adopted by the U. S. Government as a
standard geodetic datum for vertical elevations.
Notice of Violation. A written notice indicating an infraction of this Ordinance.
Observation Deck. A deck constructed to stand alone away from other structures and used for
observation.
Off-Site Parking. See Parking, Off-Site.
Off-Street Parking. See Parking, Off-Street.
Office. Space or rooms used for professional, administrative, clerical and similar uses.
Office Uses. A use category that includes use types providing for activities conducted in an office.
Example use types include offices for business services, professional services (e.g., lawyers,
accountants, engineers, architects), financial services (e.g., lenders, brokerage houses, tax
preparers), sales (e.g., real estate agents), and contractor’s offices.

On-Site Parking. See Parking, On-Site.
On-Street Parking. See Parking, On-Street.
One Principal Building Per Lot. There shall be no more than one (1) principal building or structure
located upon any one lot of record in the R-1 and R-2 residential zoning districts only to ensure
limited densities and placement of dwelling structures is achieved in these protected residential
zoning districts.
Opacity. The condition of lacking transparency or translucence; opaqueness.
Open and/or Green Space. An open conservation area that provides passive recreational
opportunities, pedestrian and/or bicycle paths, and/or conservation of open spaces or natural
features such as creeks, wetlands, swamps, forested areas, undeveloped alleys, sand dunes,
fresh and salt water marshes, beaches and wildlife habitat; including all properties zoned
Conservation Park. Also see Usable Open Space.
Ordinance. A set of regulations adopted and enforceable as municipal law by a governing body.
“Other” Uses. “Other” uses are those activities that are needed by the community, but don’t
typically fit in with the surrounding area in most zoning districts. Before these uses can be
approved, they may require additional standards and review due to the unique nature of the use
and the intensity by which it may impact neighboring areas.
Outdoor Display and/or Sales. The placement of products or materials for sale outside the
entrance of a retail or wholesale sales establishment.
Outdoor Storage. The outside or outdoor storage of goods, material, vehicles and any other
equipment associated with the principal use of a building.
Overlay Zone. A zoning district that encompasses one or more underlying zones and that
imposes additional requirements above that required by the base underlying zoning district.
Parcel. Any quantity of land and/or water capable of being described in definitive terms with
respect to its location and boundaries, and that is designated by its owner or developer as
land to be used or developed as a unit, or that has been used or developed as a unit.
Park. Public or private land used for recreation, exercise, sports, education, rehabilitation, or
similar activities, or a land area intended to enhance the enjoyment of nature, specifically
excluding commercially operated amusement parks.
Parking, Off-Site. An off-street parking area provided on a different lot other than the lot where
the principal use of the lot is conducted.

Parking, Off-Street. This term shall mean the parking of cars on a lot in which the required
number of parking spaces is connected with the permitted use of the lot. The objective being
the relief of traffic congestion on public street rights-of-way or private roads by the removal of
motor vehicles.
Parking, On-Site. See Parking, Off-Street.
Parking, On-Street. The parking of cars on the dedicated public right-of-way that is reserved for
the temporary parking of vehicles.
Parking, Shared. Joint utilization of off-street parking facilities, shared by two or more uses that
are in close proximity to one another and the parking area, and that have different operational
characteristics such that use of the parking facilities by one use will not generally overlap with
the use of the parking area by the other use(s).
Parking Deck and/or Garage. A structure designed to accommodate vehicular parking spaces that
are fully or partially enclosed or located on the deck surface of a building. This definition includes
parking garages and deck parking.
Parking Lot. The portion of a site or development dedicated to vehicular ingress and egress,
off-street parking, parking aisles, internal travel ways, fire lanes, and other areas dedicated
to vehicular use excluding vehicular storage areas.
Parking Space, Off-Street. A parking space located outside of the dedicated public street right-of-
way, having an area of not less than 9’x20’ or 180 square feet, that is permanently reserved for the
temporary or permanent storage of one (1) motor vehicle with unobstructed ingress and egress
to each space. A driveway can be used for the off-street required parking space provided it has
a minimum area of one hundred eighty one (181) square feet.
Parking Space, On-Street. A parking space area located within the dedicated street right-of-way
that is reserved for the temporary parking of vehicles. Such areas are NOT located throughout
the entire Town of Dauphin Island, and may or may not be formally designated with signage,
striping, or parking meters.
Parking Structure. See Parking Deck and/or Garage.
Passive Recreational Use. Low impact recreational activities appropriate for residential zoning
districts and other areas and zoning districts as noted in this Ordinance that involve passive forms
of exercise, leisure-time interests, and/or facilities such as parks, trails, hiking, biking, benches,
statues, fountains, pavilions, ponds, and other natural and cultural features. Includes activities and
features that do not disturb the residents or the character of the residential or surrounding
neighborhood, but rather enhance the area, promoting and maintaining standards that provide
quality of life for the residents.

Performance Bond. Cash, bond, or other surety provided by an applicant in lieu of completing
the construction or installation of public infrastructure or required private site features before
application for Final Plat approval for a subdivision or issuance of a Building Permit or other
development approval.
Personal Service Establishment. An establishment primarily engaged in the provision of

frequent or recurrent needed services of a personal nature. Examples include; laundry and
dry-cleaning drop-off establishments; photographic studios; hair, tanning, and personal care
services; psychics and mediums; massage therapists; and taxidermists.
Pervious Surface. Any material that allows for the full or partial absorption of water into the soil
to filter out pollutants and recharge the water table (also known as porous or permeable
surfaces); a surface that allows water to percolate into the soil to filter out pollutants and
recharge the water table.
Pier. A general term including docks and similar structures consisting of a fixed or floating
platform extending from the shore over the water.
Place of Worship. A building or structure with the principal use (together with its accessory
buildings and uses) being where people regularly assemble to conduct religious worship,
ceremonies, rituals, and education. The building or structure and its accessory buildings and uses
are maintained and controlled by a religious body. Places of worship include churches, mosques,
synagogues, temples, and other similar religious places of assembly. Accessory uses may
include child day care facilities, schools, recreational facilities, offices, and maintenance facilities.
Planned Unit Development (PUD). An area of a minimum contiguous or noncontiguous size,

planned, developed, operated, and maintained as a single entity and containing one or more
structures to accommodate retail, service, commercial, industrial, office, and residential uses or
a combination of such uses, and appurtenant common areas and accessory uses, customary and
incidental to the predominant uses. The Planned Unit Development (PUD) is a special zoning
classification that permits flexibility in densities, setbacks, uses, open space and other bulk and
area requirements for property that would otherwise be mandated by the Zoning Ordinance
and Subdivision Regulations. The classification is voluntary, and nothing in this Ordinance
guarantees a property owner the right to develop a PUD. PUDs shall be approved only if the
proposed development fully meets the letter, intent, purpose and requirements of this
Ordinance.
Planning Commission. The Planning Commission of the Town of Dauphin Island.
Planting Strip. Areas intended for the placement of vegetation within the interior of vehicular
use areas or along street right-of-way edges, typically at the back of the curb and the inside edge
of the sidewalk (if existing).
Plat. A map, plan, or layout of a county, city, town, section or subdivision indicating the

location and boundaries of properties.
Plat, Final. The final map of all or a portion of a subdivision that shows all boundaries of lots,
rights-of- way, easements, and open space parcels, and that is reviewed and decided by the
Planning Commission in accordance with the town’s Subdivision Regulations.
Plat, Preliminary. A map of a major subdivision that shows the general layout and design of lots,
streets, open space, and other subdivision elements, and that is reviewed and decided by the
Planning Commission in accordance with the town’s Subdivision Regulations.
Porch. A roofed structure not more than 75 percent enclosed by walls, attached to the main
building, and not heated or cooled.
Portable Building and/or Portable on-Demand Storage (POD). Portable buildings and/or PODS
refer to buildings planned for the continuing purpose of being easily moved in-tact from one
location to another. They are usually kept in one location for a short time and used for short-term
storage purposes. Portable buildings are permitted in all zoning districts, they are not considered real
property and are not reported as real property inventory. For the purposes of this Ordinance, a
POD shall not be considered a shipping container.
Prefabricated Home. See Modular Home.
Premises. A lot of record together with all improvements occupying the lot.
Primary Entrance. The place of pedestrian ingress and egress to a building, parcel, or
development used most frequently by the public.
Principal and/or Primary Building. A building in which is conducted the main or principal use of
the lot on which said building is located.
Principal and /or Primary Use. Principal uses relate to the main purpose of the district, exist
independently of any other use of a property, and are allowed "by right." Dwellings in a
residential district or stores in a business district are examples of principal uses.
Private Utility. Private utilities, also called investor-owned utilities, are owned by investors, and
operate for profit, often referred to as a rate of return.
Produce Stand. A building, structure, or land area used for the retail sales of fresh fruits,
vegetables, flowers, herbs or plants grown on the same parcel of land where the stand is located.
Such use may also involve the accessory sales of other unprocessed foodstuffs, home processed
food products such as jams, jellies, pickles, sauces or baked goods, and homemade
handicrafts—but do not include the sale of commercially packaged handicrafts or
commercially processed or packaged foods. Such uses also include “pick your own”
establishments where customers gather their own produce from the fields for purchase and off-

site consumption.
Professional Engineer (P.E.). A certified engineer licensed in the appropriate field by the State
of Alabama.
Projections. See Yard Encroachments and/or Projections.
Property Line. See Lot Line.
Property Owner. One who has the legal or rightful title to something; one to whom property
belongs; the legal owner, holder or proprietor of land.
Property Owner’s Association (POA). See Home Owner’s Association (HOA).
Public & Semi-Public Use-Large Scale and/or Small Scale. Any building operated using public
revenues and used exclusively for public or semi-public purposes by any department or branch
of government; a building of an institutional nature and serving a public need, such as places of
worship, hospital, school, library, post offices, police and fire stations, museums, water
treatment facilities, etc. These areas exist to provide necessary community services to residents
and business alike.
Public Boat Launch or Ramp. A public facility used to launch and retrieve recreational boats to
and from the water. Launches and ramps may include parking areas for users’ motor vehicles
and trailers, docks to assist in launching, restrooms, refuse containers, and breakwater
protection structures.
Public Building. A building used or designed to be used principally by a municipality, county,

state, public corporation, public utility or by the federal government as a courthouse, jail, city
hall, auditorium, library, civic center, music hall, art gallery, art center, museum, municipal
building, post office, office, warehouse, storage, and other uses deemed necessary by these
types of entities.
Public Hearing. A hearing on a development application reviewed under this Ordinance held
by the Planning Commission or Town Council that is advertised to the public and provides
members of the public the opportunity to present information and testimony related to the
application that will be considered as subsequent Planning Commission recommendations and
Town Council decisions are made.
Public Safety. Public Safety refers to the welfare and protection of the general public. It is usually
expressed as a governmental responsibility. Public safety is comprised of many organizations,
including, but not limited to, police protection, firefighting services, or emergency medical
services.

Public Utility. A public utility is a company that operates as a public-service corporation and
provides essential services to the public such as electricity, telephone service, natural gas, water
or postal services. The public utility is typically regulated by the national, state or local
government.
Qualified Credentialed Inspector (QCI). An operator, operator employee, or operator designated

person who has successfully completed initial training and annual refresher Qualified
Credentialed Inspection Program (QCIP) training and holds a valid certification from an
approved training entity.
Qualified Credentialed Professional (QCP). A staff member of the Alabama Department of

Environmental Management (ADEM) designated by the Director of ADEM, a licensed
Professional Engineer, an Alabama Natural Resources Conservation Service Professional
designated by the State Conservationist, a Certified Professional in Erosion and Sediment
Control, or other registered professionals (geologists, soil scientists, land surveyors, landscape
architects) currently holding appropriate professional licenses issued by the State of Alabama.
Recreational-Active Use. See Active Recreational Use.
Recreational-Passive Use. See Passive Recreational Use.
Recreation/Entertainment Uses, Indoor. A use category that includes private use types providing
recreation or entertainment activities in an enclosed structure or structures. Accessory uses may
include offices, concessions, snack bars, and maintenance facilities. Example use types
include auditoriums, theaters, motion picture theaters, and other indoor commercial
recreation/entertainment uses (including fitness centers, bowling alleys, game rooms, skating
rinks, indoor swimming pools, and indoor tennis club facilities). Note: Recreation/Entertainment
Uses, Indoor require the issuance of a Town of Dauphin Island business license.
Recreation/Entertainment Uses, Outdoor. A use category that includes large and generally
commercial use types providing continuous recreation or entertainment-oriented activities that
primarily take place outdoors. Such uses may take place in a number of structures that are
arranged together in an outdoor setting. Accessory uses may include concessions, and
maintenance facilities. Example use types include arenas, amphitheaters, or stadiums, athletic
fields, golf courses, and other outdoor commercial recreation/entertainment uses (including
privately-owned miniature golf facilities; go-cart racing, race-track facilities; privately-owned
outdoor commercial tourist attractions, water parks, and amusement parks; and privately-owned
or membership sports and recreational facilities such as swim or tennis courts, and archery ranges).
Note: Recreation/Entertainment Uses, Outdoor require the issuance of a Town of Dauphin Island
business license.
Recreational Vehicle (RV). A vehicular-type portable structure without permanent foundation that
can be towed, hauled or driven and is primarily designed as a temporary living accommodation for
recreational and camping purposes. Recreational vehicles include, but are not limited to, travel

trailers, truck campers, camping trailers, and self-propelled motor homes.
Recreational Vehicle Park. Any lot or parcel of land upon which two or more sites are located,
established, or maintained for occupancy by recreational vehicles (not tents) for a fee as
temporary living quarters for recreation or vacation purposes.
Recycling Drop-Off Center. A small collection facility where recyclable materials are purchased or
accepted from the public. Typical uses include neighborhood or municipal recycling stations.
Recycling Drop-Off Station. A container or set of containers used for the collection and temporary
storage of recyclable materials generated on-site.
Renovation. The removal and replacement or covering of existing interior or exterior finish, trim,
doors, windows, or other materials with new materials that serve the same purpose and do
not change the configuration of space. Renovation includes the replacement of equipment or
fixtures.
Repair. The act of restoring a structure to good condition after it has been damaged. Repair does
not mean expansion or modification of a structure.
Re-Plat and/or Re-Subdivision. See Subdivision, Re-Subdivision and/or Re-Plat.
Required Yard. See Yard, Required.
Residential Dwelling and/or Residence. See Dwelling, Residential.
Residential Lodging Use. Activities that furnish temporary habitation accommodations to

transient individuals for profit within a property owner’s private home.
Residential Use. Residential uses are activities that involve the housing of individuals and
families alike, offering a place for neighborhoods that provide a variety of lot sizes, housing unit
types, and ownership options. This use category provides areas where the buildings are
predominantly used for habitation purposes, where other uses permitted are limited to those
that are considered complimentary and appropriate to the surrounding area in order to provide
safety and quality of life to the residents while ensuring the integrity of the neighborhood is not
compromised. Housing units range from low-density style housing such as single-family homes
to high density style housing that include duplexes, quadplexes, condominiums, and
apartments, depending on the zoning district.
Restrictive Covenants. Private regulations recorded with the subdivision, which limit or
otherwise govern the use, intensity and development patterns of the land within a
subdivision or parcel of land for a specified time.
Restrictive, More (Less). A regulation imposed by this Ordinance is more (less) restrictive than

another if it prohibits or limits development to a greater (lesser) extent or by means of

more (less) detailed specifications. For example, regulations governing single-family uses
would be more restrictive than the regulations governing business use.
Retail Sales Establishment. A use category that includes use types involved in the sale, lease or
rent of new or used products or services to the general public, where such goods are available
for immediate purchase and removal from the premises by the purchaser.
Re-Subdivision. The combining of two or more separate lots into one or more new lots of record.
Also referred to as a re-plat. For the purposes of this Ordinance, a Re-subdivision shall be
considered the same meaning as a Subdivision.
Retention Pond. See Stormwater Retention Facility.
Retaining Wall. A retaining wall is a structure that holds or retains soil behind it. There are many
types of materials that can be used to create retaining walls like concrete blocks, poured concrete,
treated timbers, rocks or boulders.
Retrofit. The act of adding a component or accessory to something that did not have it when
manufactured.
Revetment. A facing of stone, concrete, rip-rap, etc., built to protect a sharp embankment, or
shore structure against erosion by wave action or current.
Right-of-Way (ROW). A portion of land acquired by the Town through reservation or dedication
for the sole use of a public way; to be left open and unobstructed, separate and distinct from
adjacent lots of record and not included within the dimensions or areas of such lots. In addition
to the roadway, it normally includes the full width of the street and incorporates publicly owned
and maintained curbs, ditches, lawn strips, temporary on-street parking spaces, lighting fixtures,
drainage and sewer facilities, and utility lines. Right-of-Way widths vary throughout the Town
and can be verified though Town Hall. The ROW may be used in some areas of Town for
temporary parking purposes, but in no way is intended to be used for the permanent storage of
any type of structure or item. No private entity can operate and conduct businesses within the
dedicated right-of-way without written permission from the Town of Dauphin Island.
Riparian Buffer. A vegetated area or a buffer strip adjacent to a stream, bayou, shoreline,
waterway, waterbody, wetland, or other watercourse that is managed to maintain the integrity of
the watercourse, to reduce pollution, and to provide food, habitat, and thermal protection for fish
and wildlife; to help shade and protect said watercourse from stormwater runoff and the impacts
of activities conducted on adjacent land uses. A riparian buffer maintaining a specific width is
required when development occurs near said watercourse to help capture sediments, nutrients,
and pesticides, and other pollutants found in surface runoff prior to their entry into surface waters.
They also provide habitat and wildlife corridors in developed areas and reduce erosion by
providing sand and sediment stabilization.

Road and/or Roadway. See Street.
Sand Barren. An area of exposed sand with short trees, shrubs and grasses.
Sand Dune Protection and Management Plan. See Dune Definitions and Related Terms.
Sand Fence. A mechanically sound fence consisting of parallel, elongated sections of fiber
screen, slats, rigid wiring, and posts. Set at an angle of 90 degrees to 60 degrees into prevailing
beach winds and are intended to reduce wind speeds by 70 percent or more, allowing
windblown particles to naturally drop to the ground where sand and soils can accumulate and
build a natural dune structure and vegetation can be established for soil stabilization, but which
may also be used channel human and vehicular traffic.
Satellite Dish. A round or parabolic antenna and its supporting structure for the purposes of
sending and/or receiving radio or electromagnetic signals.
Scenic Byway. A road recognized by the United States Department of Transportation for one or
more of six "intrinsic qualities": archeological, cultural, historic, natural, recreational, and
scenic. Set up by Congress in 1991 to recognize, protect, and promote America’s most
outstanding roads.
School (Public, Private, Elementary, Secondary, Vocational). An institution for the teaching of
children and adults, either publicly or privately funded.
Screening. Any landscaping or structure such as walls, landscaped berms, and hedges, used to
conceal or reduce the negative visual and audio impacts of certain land uses or activities from
streets or adjacent development. The height of a screen is measured from the highest finished
grade abutting the element to be screened. In the case of screening between residential and non-
residential zoning, walls, fences or landscaping; shall be at least six (6) feet in height. When
landscaping is used for screening, the height and opacity requirements shall be attained within
eighteen (18) months after open storage uses are established. In the case of screening required
within residential zoning, the screening shall be compatible with residential structures and
designed to complement the architecture of the structure.
Sediment. Settleable solid material that is transported by runoff, suspended within runoff or
deposited by runoff away from its original location.
Self -Storage or Mini-Warehouse Facility. A building or group of buildings divided into separate
compartments offered for rent and used to meet short-term or long-term off-site storage needs.
Self-Service Storage Uses. A use category that includes use types providing individual, self-
contained units or areas leased to individuals, organizations, or businesses for self-service storage
of property. The storage units or areas are designed to allow private access by the tenant for
storing or removing personal property. Accessory uses include leasing offices, outdoor storage

of boats and campers, and living quarters for a resident manager or security guard. Use of the
storage areas for sales, service, repair, or manufacturing operations is not considered accessory
to self-service storage. The rental of trucks or equipment is also not considered accessory to the
use. Example use types include self-service storage establishments, also called “mini-
warehouses.” This use category does not include a transfer and storage business not involving
individual storage areas and where employees are the primary movers of property being
stored or transferred (categorized as a warehousing and freight movement use).
Semi-Public Buildings/Uses. Structures for the use of a group the membership of which is open
to the public, such as churches, Y.M.C.A. and Y.W.C.A. facilities, private schools, hospitals and
nursing homes, colleges and health clubs, country clubs, tennis clubs, etc.
Senior Center. A facility typically for use by citizens of 62 years of age, or older, dedicated to the
provision of services, activities, or facilitation of interaction between older citizens and the
community at large. Such centers may be publicly or privately-owned but are not operated for
a profit.
Service Station. See Gas Station.
Setback. The required minimum distance a structure must be from the lot lines of a parcel to the
building setback line and/or the building line in where no building or structure is permitted except
those expressly permitted by this Ordinance. The required setback distance is determined by the
zoning district requirement in which the lot is located.
Setback Line. See Building Line.
Shipping Container. Also referred to as a cargo container, storage container, conex container,
intermodal container, and/or freight container. A large standardized shipping container,
designed and built for intermodal freight transport, meaning these containers can be used
across different modes of transport from ship to rail to truck without unloading and reloading
their cargo. They are primarily used to store and transport materials and products efficiently
and securely in the containerized intermodal freight transport system. For the purposes of
this Ordinance, a shipping container shall be referred to as a shipping container and only
permitted to be used as an accessory use, permanent or temporary, to a commercial use only
in only the Central Business (CB) and Working Waterfront (WW) zoning districts.
Shoreline. The intersection of the land with the water surface. The shoreline represents the
line of contact between the land and a selected water elevation. In areas affected by tidal
fluctuations, this line of contact is the mean high-water line.
Short-Term Vacation Rental (STVR). A residential dwelling unit that is rented or leased to
transient individuals or families for temporary accommodation for a period of six (6) months or
less, not to exceed 180 days, typically by the week or a two-week time period in exchange for
compensation. This term includes lodging accommodations rented and/or leased through rental

services such as Vacation Rental by Owner (VRBO), AIRBNB, and other similar rental services.
Short term rentals include all housing types, but exclude motels, hotels, or bed and breakfasts
(which are typically rented on an overnight basis), or other lodging uses.
Shrub. A woody plant, smaller than a tree, consisting of several small stems emerging from the
ground, or small branches near the ground. Shrubs may be deciduous or evergreen.
Sidewalk or Bike Trail. A hard-surfaced, all-weather pedestrian way, usually alongside a street
roadway.
Sight Triangle. A triangular area at each corner of intersecting roadways, or at the intersection
of a roadway and driveway, within which the structures and vegetation are regulated to
ensure safe sight distance for drivers of vehicles approaching the intersection.
Sign. A notice that is publicly displayed giving information or instructions in a written or symbolic
form.
Sign Definitions and Related Terms:

• Address Sign. The street address number (building number) for a structure, also
known as the 911 address. The address number sign of each of the premises in the
Town shall be displayed, as per Town Ordinance, in a legible manner in a location
visible from the public rights-of-way.
• Aggregate. The sum, total or combination; a total or whole.
• Air Dancer. Air dancers are large inflatable devices comprising of a long tube
attached to a fan which causes the tube to move in a dancing or flailing motion. Air
dancers are generally called an inflatable tube or a moving figure, such as "windy
man", "sky dancer", "tube man", and "fly guy". Variants of an Air dancer may
resemble humans with tube arms.
• Attached Premises. A building with two (2) or more tenants sharing a common
wall between tenants. Sometimes referred to as a strip center where an attached row
of stores or service outlets are managed as a coherent retail entity, with on-site
parking usually located in front.
• Auction Sign. Sign indicating that the property on which the sign is located is to be
sold at auction on a specific date.
• Authorized Agent. An individual duly authorized by the owner of premises to apply
for a sign permit, approval of a Master Sign Plan or other form of official action by
the Town with regard to any sign or signs on the property. N authorized agent, if
not an attorney, shall have written authorization from all owners of the
development site. Only an individual may be an authorized agent.
• Awning Sign. Sign that is painted on, applied to, or otherwise is a part of a fabric or
other non- structural awning.
• Bandit (or Lawn) Sign. Bandit (or lawn) signs (also known as yard signs, placards and
road signs, among other names) are used for local advertising. They can be used by

businesses such as real estate and are popular in election campaigns. They are
small signs that can be placed on the property of a business or on the lawns of a
candidate's supporters. Bandit signs are often also placed near polling places on
Election Day, although in most jurisdictions, there are legal restrictions on
campaigning within a certain distance from a voting facility. The signs are typically
placed close to the road for greater visibility. Signs come in various shapes and sizes
but are most often rectangular and between twelve (12) and forty (40) inches on
each side. They are usually produced in packages that include lawn sign wires since
most of these signs need to be placed on a grass or dirt surface.
• Banner. Sign, not otherwise classified as a temporary sign, made of cloth, canvas,
plastic sheeting or any other flexible material, not rigidly attached to a building or the
ground through a permanent support structure.
• Billboard. A large outdoor board for displaying advertisements. For the sake of this
Ordinance, the size may not exceed 32 square feet.
• Bulletin Board - Noncommercial. Sign placed on the premises of any school, public
agency, Town rights-of-way, church or other religious organization, charitable
organization or institutional organization consisting of changeable copy boards or
panels for the posting of noncommercial notices.
• Bulletin Board – Commercial. Sign placed on the premises of any commercial
business consisting of panels for the posting notices.
• Business Sign. See General Business Sign.
• Church Sign. A sign posted on or near a place of worship usually bearing the name and
denomination of the church, and the days and times of worship.
• Commercial Message. Any wording, contact information, website, email address,
logo or other representation that, directly or indirectly, names, advertises or calls
attention to a business, product, service or other commercial activity.
• Commercial Sign. See General Business Sign.
• Community Event Sign. Sign indicating an event or activity conducted by a person
or an educational, civic or charitable organization, and having a public or
community service-related purpose.
• Construction Sign. Sign pertaining only to the construction, alteration,
rehabilitation or remodeling of buildings, identifying only those parties involved in
construction on the premises and future activity for which the construction is
intended.
• Development Site. One or more parcels of land unified under a single development
plan which constitutes the entire development shown on a site plan or subdivision
plat, including all land needed for landscaping, drainage facilities, parking, internal
access roads, driveways or other physical design features needed to serve the
proposed development.
• Digital Sign. A form of electronic display that shows programming, menus,
information, advertising and/or other messages. Digital signs utilize technologies
such as LCD, LED, plasma displays or projected images to display content.
• Dilapidated Sign. Any sign that is structurally unsound, has defective parts, or is in need

of painting or maintenance.
• Directional Sign, On- Premises. Sign, other than an official sign, not displaying any
commercial message, designed and created solely for the purpose of traffic or
pedestrian direction and placed on the property.
• Directory Sign. Sign listing only the names and addresses of tenants or occupants of,
and the name of, a permitted multiple occupancy commercial building or group of
buildings.
• Display Area, General. The area that can be enclosed or measured by the smallest
rectangle that will encompass the entire sign face and/or wall graphics; including
frame, but excluding posts, uprights, braces or other structural members that
support it.
• Dock Sign.
• Door Sign. Sign attached to, painted on or etched into a door. A sign in a window
that is part of a door is a door sign rather than a window sign.
• Double Face Sign. A sign with two (2) display areas against each other or where the
interior angle formed by the display areas is fifteen (15) degrees or less. The sign
must be identical on both sides, where one face is designed to be seen from one
direction and the other side from another direction. The display area of a double
face sign is calculated from the area of one (1) side of the sign.
• Façade (or Attached) Sign. Sign attached to, or painted directly upon, a facade.
• Feather Flag. Tall, thin flags mounted on long poles that bend with the wind and
resemble a sail. Their narrow, long dimensions make them look similar to feathers,
and when the wind blows, the entire flag ruffles.
• Flag. A piece of cloth or similar material, typically oblong or square, attachable by
one edge to a pole or rope and used as a symbol.
• Flashing. To give off light or be lighted in sudden or intermittent bursts.
• Freestanding Sign. See Ground Sign.
• Gasoline Service Station Price Sign. Sign placed at a gasoline service station
indicating grades, prices and brand of gasoline offered for sale.
• General Business Sign. Sign advertising or identifying only the premises whereon
the sign is located, which may include, but not be limited to, the name, hours of
operation, symbol or logo of the owner, occupant, manager, business, institution
or building, the address, the type of business, profession, services or activity
conducted on the premises; and descriptive information about the products and
services offered thereon.
• Ground Sign. A freestanding sign supported by uprights, posts or bases affixed in
or upon the ground and not attached to any part of a building.
• Hazard Sign. Sign warning of construction, excavation or similar hazards, and of
such size and placement that is in accord with the provisions of the Manual on
Uniform Traffic Control Devices for Streets and Highways, 2009 Edition, published
by the US Department of Transportation, Federal Highway Administration.
• House Identification Sign. See Residential Identification Sign.
• Identification Marker, Subdivision. An on-premise sign marking an entrance to a

residential subdivision containing the name of subdivision and no other content.

• Incidental Sign. Sign, other than an official sign, containing no commercial message,
providing only information or direction for the convenience and necessity of the
public.
• Institutional Sign. A sign setting forth the name of service clubs, civic organizations,
public or service centers, public institutions, schools or other similar uses.
• Internal Sign. Sign inside a business.
• Light and/or Utility Pole Sign. A sign, flag and/or banner attached to a light
and/or utility pole in the public right-of-way. For Town use ONLY.
• Logo. A graphic representation or symbol of a company name, trademark,
abbreviation, etc., often uniquely designed for ready recognition.
• Murals. Any picture painted directly onto a building or structure that does not contain
wording or logos.
• Non-Commercial Message. Any wording or other display other than a commercial
message.
• Non-Conforming Sign. A sign lawfully erected and legally existing at the time of the
effective date of this Ordinance, but which does not conform to the provisions of this
Ordinance.
• Non-Official Flag. Any flag other than an Official Flag.
• Off-premise Sign. Sign not located on the premises (same platted parcel of land) of
the business, advertising only goods and services of the business to which an off-
premise permit has been issued, such as a billboard.
• Official Flag. Any official government flag or emblem.
• Official Sign. Any official governmental, traffic, directional, regulatory or
informational sign placed by a duly authorized public official, or notice issued by
any court officer or order, or officer in performance of a public duty; an official
historical marker; any sign erected by a federal, state or local government agency
for identification purposes at any office, institutional, recreational or other publicly
owned or leased site.
• On-Premise Sign. Any sign located or proposed to be located within the same
platted parcel of land on which a business or other activity identified on such sign
is located.
• Outdoor Advertising Sign. See Off-Premise Sign.
• Pennant. Any lightweight plastic, fabric or other material, whether or not containing
a message of any kind, suspended from a rope, wire or string, usually in a series,
designed to move in the wind.
• Pole Sign. See Light and/or Utility Pole Sign.
• Political Sign. Sign containing a non-commercial message regarding a public issue,
promoting a political cause or supporting the campaign of an individual for public
office.
• Premises. Land and building or part of a building having a separate street address.
The plat of record, which is, affected either directly or indirectly by the contents of
this Ordinance.

• Product Sign. Sign directly attached to a licensed or otherwise authorized vending

machine, gasoline pump or similar apparatus that directs attention only to products
or services dispensed therefrom.
• Professional/Home Occupation Sign. Sign fastened directly to the building
containing only profession/name of business, business hours and phone number.
• Projecting Sign. Sign placed above the ground, permanently affixed at more or less
a right angle to the exterior facade of the building to which it is attached.
• Portable Sign. Any sign which is not permanently affixed to a building, structure or
the ground, or which is attached to a mobile vehicle.
• Real Estate Directional Signs. A sign intended to provide directional information to
real estate available. Signs shall be placed so as to minimize interference with
any type of road crew maintenance. Signs shall be maintained in good condition
as long as displayed. A small logo or name may be included on the face of the sign.
A real estate directional sign shall not be considered a “directional sign” as described
herein.
• Real Estate Sign. Sign indicating that the property on which the sign is located is for
sale, lease, rent, auction or development; to announce an open house event in
connection with the sale or lease of a building, or to identify a model home.
• Rental Business. The rental of products available for use in return for payment (Bikes,
Boats, Jet Skis, Wind Surfers, Kite Boards, Surf Boards, etc.).
• Rental Home Sign. A permanent sign limited in content to name of house (rental),
graphics, name and contact information of rental agent (not to exceed 20% of sign
face), address of premises, and not to exceed sixteen (16) square feet including
graphics.
• Required Signs. The street address (building number) of each of the premises in the
Town shall be displayed, as per Town Ordinance, in a legible manner in a location
visible from the public rights-of-way. See Address Sign.
• Residential Identification Sign. Identification sign naming the residence or
condominium with graphics, containing no commercial message, located on the
property identified. Not to exceed one (1) sign per residence, display area not to
exceed sixteen (16) square feet including graphics.
• Retail Sales Business. A business engaged in the sale of goods in small quantities to
customers.
• Roof Sign. Sign mounted on a roof, above the eaves or above the top of a parapet
wall of a building, but not extending above the highest point of its supporting roof
or of another architectural element that serves to block a rear view of the sign.
• Sandwich (Sidewalk) Sign. A movable sign not permanently secured or attached to
the ground or surface upon which it is located, but supported by its own frame. These
signs are known by various names based on the manufacturer and include names
such as wind signs, rolling, folding, tip ‘n roll, swinger sidewalk signs or equivalent.
• Security Sign. Sign indicating only the logo, name and contact telephone number of
the company providing security services to the property upon which the sign is
located.

• Shopping Center. A group of commercial establishments on one or more contiguous

parcels of land having shared access and/or off-street customer parking.
• Sign. A lettered, numbered, symbolic, pictorial, graphic, logo or illuminated visual
display that is designed to identify, announce, direct or inform.
• Sign Face. The area of the smallest rectangle within which all letters, logos, symbols,
graphics or other elements displayed on the sign can be enclosed.
• Sign Height. The vertical distance measured from the average elevation of the
nearest road centerline to the top of the sign face or sign structure, whichever is
greater. No freestanding or ground sign may exceed sixteen (16) feet in height.
• Sign Variance. A variance is a relaxation of certain regulations contained in this
Ordinance where such variance shall not be contrary to the public interest and
where, owing to conditions peculiar to the property and not the result of the
actions of the applicant, a literal enforcement of the Ordinance would result in
unnecessary and undue hardship. Permission to depart from the sign regulations
when, because of special circumstances applicable to the property, strict application
of the provisions of the sign regulations deprives such property the privileges
enjoyed by other property owners.
• Snipe Sign. An overlay added to an existing sign layout as an additional message to
the main sign, for example, a band (stripe) across a corner saying (Coming Soon).
It is also a term for illegal posting of hand bills, bandit signs and posters without
permits.
• Suspended Sign. Sign attached to, and supported by, the underside of an elevated
structural element.
• Temporary Sign. Sign not permanently and rigidly affixed to the ground or a building.
• The ‘T’. An area defined by the centerlines of Le Moyne Drive and Bienville Boulevard
to. (1) East to Key Street, (2) North to Cadillac Avenue, (3) West to Lackland Street,
and (4) South of Bienville Boulevard from Key to Lackland Streets. In this Ordinance,
this area shall be known as The ‘T’.
• Utility Sign. Sign showing the location of a public telephone, or sign placed by a
regulated public utility to indicate location of its facilities, and includes no
commercial message.
• Vacation Rental Sign. See Rental Home Sign.
• Window Sign. Sign painted onto the inside or outside of a window, or sign attached
to the outside of, or displayed in front of, a window.
• Wrap Sign. Any type of advertising information that is displayed on a vehicle, vessel,
or other type of machinery and/or equipment, either mobile or stationary, by way
of completely or partially covering (wrapping) such object in a vinyl material for the
purposes of advertising a business, trade, service, product, and the like to be used
as a mobile or stationary billboard (off-premise sign).
Single-Family Dwelling Unit. See Dwelling Unit, Single-Family Detached & Dwelling Unit, Single-
Family Attached.

Site. A lot or parcel of land, or any combination of contiguous lots or parcels of land, including
buildings and appurtenances located thereon, having a unity of use and ownership or control.
Site Plan. A development plan drawn to scale showing uses, structures, and other physical
features of a lot, as required by this Ordinance under Site Plan Approval Procedures.
Sketch Plan. A conceptual plan drawn to scale showing a rough sketch of a proposed
development containing enough detail to be used for the purpose of discussion and
clarification, as required by this Ordinance under Site Plan Approval Procedures.
Slope. See Dune Slope.
Small Commercial Use. Small Commercial uses are considered any small-scale business activity
involving the sale of goods or services carried out for profit that serve the day-to-day
commercial needs of surrounding neighborhoods. The maximum size of the business is limited
to 1,500 square feet or less, and the activity of the use is less intensive to ensure the integrity
of the neighboring properties is not infringed upon or compromised.
Small Home and/or House. See Tiny House.
Special Exception Use. This term refers to a use that is reasonably compatible with the zoning
district intent and may or may not be permitted as a special exception; and, due to the nature
and intensity of the use, it requires the review of the Planning Commission and the Board of
Adjustment. Once a recommendation is made by the Planning Commission, the Board of
Adjustment shall hear and ultimately decide after a public hearing is held, if the proposed use
shall be permitted in said zoning district and if any additional standards are required to ensure
it does not create any harmful impacts on the surrounding area.
Special Flood Hazard Area (SFHA). A land area identified by the United States Federal
Emergency Management Agency (FEMA) as an area considered to be at high risk for flooding,
with a special flood and/or flood related erosion hazard, as shown on FEMAs flood insurance
rate maps (FIRMs). Land areas in the SFHA are designated on the FIRMs as Flood Zones A, AO,
A1-A30, AE, A99, AH, AR, AR/A, AR/AE, AR/AH, AR/AO, AR/A1-A30, VO,V1-V30, VE, and V.
Additionally, these areas are where the National Flood Insurance Program's (NFIP's) floodplain
management regulations must be enforced and where the mandatory purchase of flood
insurance applies in some instances.
Special Flood Hazard Overlay District (SFHOD). An overlay district that, in addition to the base
zoning, requires additional and specific construction standards to prevent and/or help reduce
flood damage to property.
Stick-Built Structure. Any structure that is built and fully constructed on the site where said
structure will permanently sit, built with raw building materials where not part of the structure

is pre-assembled off-site and transported to the site.

Stop Work Order. An order issued by the Building Official or other authorized town staff that
directs the person responsible for a development activity or other act in violation of this
Ordinance to cease and desist such activity or act.
Stormwater Detention Facility. A storage facility for stormwater runoff collected and/or stored
for a temporary period of time and released at a rate equal to or less than the pre-development
rate. Also called a Detention Basin.
Stormwater Drainage Facility. Any pipe, ditch, creek, river, lake, swale, watercourse, wetlands,
or any other natural or man-made facility through which stormwater or stormwater runoff my
pass regularly or intermittently. See Stormwater Retention Facility and Stormwater Detention
Facility.
Stormwater Management Plan. A plan or map drawn to scale by a Professional Engineer (P.E.)
detailing the control and management of stormwater from a construction site, showing plans
and specifications that describe the measures proposed to manage stormwater runoff as per
the requirements listed in the Stormwater Management Standards of this Ordinance.
Stormwater Retention Facility. A permanent storage facility for stormwater runoff collected
where the stormwater remains in the facility at all times. Also called a Retention Basin.
Stormwater Run-Off. The flow of water resulting from precipitation that flows over the surface
or as concentrated flow in ditches, channels, storm sewers, or watercourses.
Street. A public or private vehicular way or thoroughfare intended for the sole use of
carrying vehicular traffic which provides the principal means of access to other streets
and/or adjacent property; to remain open and unobstructed from any permanent structure from
ground to sky and from curb to curb or to the dedicated right-of-way boundary on each side of
the street. The term includes all facilities that normally occur within the right-of-way, such as
roadways, on-street parking lanes, sidewalks, curbs and gutters, drainage facilities, and utility
lines and facilities. Streets are classified as principal arterial, minor arterial, collector, and local,
depending on the volume of vehicular traffic they carry. May also be known as thoroughfares,
parkways, throughways, roads, avenues, boulevards, lanes, places and courts. Streets do not
include public alleys.
Street, Arterial. A street designed or utilized primarily for high-speed vehicular movements
and heavy volume of traffic.
Street, Collector. A street, designated on the town’s Street Plan, that is designed and intended
both to provide vehicular access to and from abutting development, particularly in
commercial and industrial areas, and to provide both travel mobility among neighborhoods and
activity centers by connecting local streets and other collector streets with arterial streets.
Collector streets also provide bicycle and pedestrian access and circulation.

Street, Marginal Access. A street designed and intended primarily to provide direct vehicular
access to and from abutting development, or part of a large development, as well as provide
travel mobility by connecting driveways and other local streets with collector streets and
arterial streets. Local streets generally handle low to medium vehicular travel speeds and traffic
volumes but may handle relatively high traffic volumes within large commercial and mixed-use
developments and in urbanized areas such as the downtown. Local streets serve as primary
providers of bicycle and pedestrian access and circulation.
Street Width. The area that includes the boundary of the entire right-of-way.
Streetscape. All the elements that constitute the physical makeup of a street, including
enhancements that, as a group, define the street’s character; including: building frontage, street
paving, street furniture, landscaping to include street trees and other plantings, signs, and
lighting.
Structure. Any object, the whole or parts of which are constructed, erected or arranged by human
agency, the use of which requires a permanent location on the ground or attached to something
having a location on the ground, including but not limited to, a house, building, deck, pool,
parking lot, gazebo, signs, walls, fences, screened enclosures, gas or liquid storage tanks or other
objects. This includes a fixed or movable building which can be used for residential, business,
commercial, agricultural, or office purposes, either temporarily or permanently. This definition
does not include sand fences or dune walkovers constructed for the purpose of dune protection
or enhancement.
Structure, Accessory. A subordinate separate structure, the use of which is incidental to that
of the dominant use of the main building or land.
Structure, Existing. Any structure, the construction of which was initiated prior to the effective
date of this Ordinance and for which all required state, local and federal authorizations were
obtained prior to the effective date of this Ordinance.
Structure, Principal. See Principal and/or Primary Building.
Structural Alterations. Any change, except the repair or replacement, in the supporting
members of a building, such as bearing walls, columns, beams, or girders or the rearrangement
of any interior partitions affecting more than five (5) percent of the floor area of the Building.
Subdivider. Any person who subdivides land deemed to be a subdivision as defined by this
Ordinance.
Subdivision. Any division of a tract or parcel of land into two or more lots, parcels, building sites,
or other divisions of land for the purpose, whether immediate or future, of sale or building
development; and including any division of land involving the dedication of a new street or a

change to or encroachment on an existing street. For the purposes of this Ordinance, the
term re-subdivision shall have the same meaning. Any division of land by metes and bounds
constitutes a subdivision of land and shall require compliance with these Regulations unless it
falls within one of the exemptions hereinafter set out.
Subdivision, Administrative. See Exempt Subdivision.
Subdivision, Exempt. See Exempt Subdivision.
Subdivision, Major. A subdivision of more than six (6) new lots, or one which involves the
creation and installation of new streets, utilities, and/or infrastructure, regardless of the number
of lots.
Subdivision, Minor. A subdivision of land into not more than six (6) lots new lots and does not
involve the creation and installation of new streets, utilities, and/or infrastructure.
Subdivision, Re-Subdivision and/or Re-Plat. The combining of two or more separate lots into
one or more new lots of record. Also referred to as a re-plat. For the purposes of this Ordinance,
a re-subdivision shall be considered the same meaning as a subdivision.
Subdivision Plat. A map or drawing, drawn to scale by a certified land surveyor or professional
engineer, detailing how a parcel or parcels of land will be subdivided or re-subdivided from
its original platting. Presented to the Dauphin Island Planning Commission for formal review,
the subdivision plat shows a depiction of the property, noting the dimensions, location, and
boundaries of the property with the lots, streets, alleys, easements, rights-of-way, and other
features required by the Town of Dauphin Island’s Subdivision Regulations.
Subdivision Regulations. The rules that govern the subdivision process for the Town of Dauphin
Island as adopted by the Dauphin Island Planning Commission.
Submerged Lands. Those lands situated below the mean low waterline or all of the lands covered
by the mean high waterline.
Subordinate. Of or characteristic of low rank or importance or considered less in comparison.
Substantial Amount. Any amount, the moving, alteration, or removal of which could significantly
increase danger of erosion, storm, damage or flooding.
Substantial Change. See Dune Definitions and Related Terms.
Survey. See Boundary Survey.
Surveyor. A Land Surveyor licensed and registered by the State of Alabama Board of
registration for Professional Engineering and Land Surveyors.

Swale. A depression in the ground which channels stormwater runoff, where the side slopes are
no steeper than four (4) to one (1) run to rise.
Telecommunications. See Wireless Tele-Communications Tower.
Telecommunications Tower. See Wireless Tele-Communications Tower.
Temporary. Lasting for only a limited period of time; not permanent.
Temporary Building and/or Structure. A structure that is installed without any foundation or
footings and is removed when the designated time-period, activity, or use for which the
temporary structure was installed has expired, usually not to exceed 90 consecutive days.
Such structure shall be subject to the currently adopted building code and all applicable
zoning requirements for the district in which it is located.
Temporary Use. A use established for a limited period of time with the intent to discontinue
such use upon the expiration of the time period.
Temporary Use Permit. A permit authorizing the operation of a temporary use or special event
that is reviewed and decided by the Building Official in accordance with the Town’s Temporary
Use Permit.
Tent. A portable shelter made of cloth, supported by one or more poles and stretched tight by
cords or loops attached to pegs driven into the ground.
Text Amendment. An amendment to the language of this Ordinance that is reviewed and
recommended by the Planning Commission and decided by the Town Council in accordance
with this Ordinance.
Tiny House and/or Home. A structure intended for use as a habitable dwelling with a maximum
floor area not to exceed four hundred (400) square feet. For the purposes of this Ordinance, a
Tiny House shall not be considered a Single-Family or One-Family Dwelling Unit.
Town Engineer. The Engineer duly licensed with the State of Alabama, County of Mobile and the
Town of Dauphin Island, Alabama; hired and appointed by the Town Council of Dauphin Island
for engineering services.
Townhouse. See Single-Family Dwelling Unit Attached.
Transient. Not lasting, enduring, or permanent; transitory, lasting only a short time; existing
briefly; temporary.

Tree. An evergreen or deciduous upright woody perennial plant having a single main stem or
trunk, or several main stems or trunks, and usually a distinct crown of foliage and few or no
branches on its lower part, and ordinarily growing to a considerable height (i.e., at least 8 feet).
Tree Definitions and Related Terms:

• Caliper. Diameter of stem six inches (6”) above the nursery planting line.
• Circumference. The distance measured around an object.
• Diameter. A straight line passing from side to side through the center of a body or figure,
especially a circle or sphere.
• Diameter Breast Height (DBH). The standard measurement method used to measure a
tree which defines the attributes of a tree. For the purposes of this Ordinance, a DBH
threshold is established for the purpose of protecting existing trees. DBH refers to
the diameter or cross section of the tree at 4.5 feet or 54 inches above the ground.
Comment: To calculate DBH, measure 4 and one half feet (4 ½‘) up the trunk from
the ground and demark that height. Measure the circumference of the tree at this
height. Divide the measurement by pi (3.14) and round to the nearest whole number to
get the diameter of the tree at breast height, or DBH. For example, a tree that measures
30” in circumference at 4 ½‘ will have a DBH of 10” (30 ÷ 3.14 = 9.5 or 10”). The DBH
requirement for protected trees in this Ordinance is 4” DBH; or approximately 12 ½
inches in circumference at 4 ½ feet from the ground. Additionally, on steep slopes,
measure this distance on the uphill side of the tree. Trees with multiple tree trunks
should be treated as multiple trees and the DBH of each trunk added to the aggregate
diameter measurement.
• Tree Canopy. The extent of the outer and/or upper layer of leaves of an individual tree
or group of trees formed by mature tree crowns.
• Tree Removal. The actual removal of a tree by digging up or cutting down, or the
effective removal through damage or neglect.
• Tree Removal Permit. A permit authorizing the removal of trees that requires review
and action by the Building Official in accordance with the Tree Removal Ordinance 87A.
• Tree, Heritage. Any species or category of tree listed in the Tree Ordinance. Heritage Trees
are identified with a DBH (Diameter at Breast Height) equal to or greater than a certain
DBH based on tree type.
• Tree, Overstory. A tree that has an expected height at maturity greater than 30 feet
and produces significant shade because it has a crown that is oval, round, vase-shaped
or umbrella-shaped.
• Tree, Understory. A tree that has an expected height at maturity of not greater than 30
feet.
Turtle Lighting Fixture. A lighting fixture with a bulb that produces light with a wavelength of
560 nanometers (nm) or higher.
Usable Open Space. An open area that provides public access intended to be utilized for activities
such as passive forms of exercise, leisure-time interests, and/or facilities such as parks, trails,

hiking, biking, benches, statues, fountains, pavilions, ponds, and other natural and cultural
features. See Passive Recreational Uses.
Utility and Communication Uses. A use category that includes both major utilities, which are
infrastructure services that provide regional or community-wide service, and minor utilities,
which are infrastructure services that need to be located in or near where the service is provided.
The category also includes uses and facilities providing regional or community-wide
communications services, such as wireless communications, radio and television
broadcasting. Services may be publicly or privately provided and may include on-site
personnel. Accessory uses may include offices, monitoring, storage areas, generators or data
transmission equipment. Example use types include major utilities, minor utilities, wireless
communication towers and antennas, radio and television broadcasting studios, and
newspaper printing facilities.
Utility, Major. Infrastructure services providing community-or region-wide service that normally
involve the construction of buildings or structures, such as water towers, wastewater treatment
plants, potable water treatment plants, solid waste facilities, and electrical substations.
Utility, Minor. Infrastructure services that need to be located in or near the neighborhood or
use type where the service is provided. Examples of minor utilities include water and sewage
pump stations, storm water retention and detention facilities, and telephone exchanges.
Utility, Private. Private utilities, also called investor-owned utilities, are owned by investors, and
operate for profit, often referred to as a rate of return. They extend beyond service meters or
public utilities, often on to privately owned property and are not regulated by a governmental
entity. Examples of private utilities can include cellular services, electrical feeders and gas mains
running through parking lots or to critical facilities such as hospitals or fire stations.
Utility, Public. Any organization which provides services to the general public and maintains the
infrastructure for a public service. Public utilities include electric, gas, water, telephone, and
television cable systems. Public utilities are publicly or privately owned and are regulated by
state, county and/or city public utility commissions under state laws.
Variance. A means for property owners to use their property in a manner that is not permitted
under the terms of the Zoning Ordinance. Its purpose is to authorize land owners, due to
conditions naturally occurring on their property which are unique to their property specifically,
a deviation from the strict requirements of the Zoning Ordinance. The land owner must prove
that using the property in compliance with the Zoning Ordinance would create an unnecessary
hardship beyond their control. If granted, the variance is tied to the land in perpetuity. A
variance is heard and decided upon by the Town of Dauphin Island Board of Adjustment. There
are two types of variance, which are:
(1) Area Variance, which modifies the site development standards in the Ordinance. It
provides relief from the dimensional requirements relating to setbacks, site coverage,
lot sizes, building height, parking standards, and the like. And;

(2) Use Variance, which allows property to be used for a use or activity that otherwise
would not be permitted in the zoning district by the Ordinance. This action has the
same effect as the re-zoning of property. For the purpose of this Ordinance, a use
variance is not allowed and shall not be granted by the Dauphin Island Board of
Adjustment. Rather, the proper action to take in this instance is for the land owner
to file an application for the rezoning of their property.
Vegetated Swale. Broad, shallow channels designed to convey and infiltrate stormwater
runoff. The swales are vegetated along the bottom and sides of the channel, with side
vegetation at a height greater than the maximum design stormwater volume.
Vegetation. All the plants or plant life of a place, taken as a whole.
Viewshed. An area of land, water, or other environmental element that is visible to the human
eye from a fixed vantage point.
Warehouse, Mini. See Mini-Warehouse.
Waste Composting. Uses where solid wastes are composted using composting technology.
Accessory uses may include offices and repackaging and transshipment of by-products.
Water(s). Includes, but is not limited to, water on or beneath the surface of the ground, including
natural or artificial watercourses, streams, rivers, lakes, ponds, or diffused surface water and
water percolating, standing, or flowing beneath the surface of the ground.
Watercourse and/or Waterbody. A natural or artificial channel through which water flows.
Wattle. A log-like structure created of straw and wood and contained in a fabric sheath and are
used as an erosion and sediment control device. Wattles assist in stabilizing disturbances by
shortening the slope lengths, reducing water flow velocities, and sand movement by trapping
sediment.
Wetland. A wetland is defined by USACE as: “areas that are inundated or saturated by surface or
ground water at a frequency and duration sufficient to support, and under normal circumstances
do support, a prevalence of vegetation typically adapted for life in saturated soil conditions.” For
the purposes of this Ordinance, wetlands presence or absence shall be documented by the USACE
process using the Wetland Determination Data Form.
Wetland Delineation. A process conducted by a qualified and/or certified professional who

establishes the existence, physical location, and boundary area of a wetland for the purposes of
federal, state, and local regulations.
Wetland Protection Overlay District (WPOD). A zoning overlay district which identifies and
encompasses Island properties containing possible wetlands, with physical features and

characteristics indicative of wetlands. Appropriate protection measures are necessary because

these sensitive habitats are unique natural resources that are critical to the protection of all
Island properties. Additional development standards and building requirements may apply to
these properties if it is determined that wetlands are indeed present.
Wireless Tele-Communications Tower. A structure erected on the ground and used primarily
for the support of antennas for wireless telephone, and similar communication purposes and
utilized by commercial, governmental, or other public or quasi- public users. The term includes
microwave towers, common-carrier towers, cellular telephone towers, alternative tower
structures, and the like. The term does not include private home use of satellite dishes and
television antennas, or amateur radio operators as licensed by the FCC.
Wireless Tele-Communications Tower Definitions and Related Terms:

• Antenna Support Structure. Any building or other structure allowed in the district in
which it is located, other than a tower which can be used for location of
telecommunications facilities.
• Camouflage. The design of a tower or telecommunications facility to minimize a
visual impact and to blend into the surrounding environment. The term
"Camouflage" does not necessarily exclude the use of un-camouflaged lattice,
guyed or monopole tower designs.
• Co-Location. The practice of locating multiple wireless broadcast
facilities/providers within or upon the same facility. This Ordinance requires co-
location of tele-communication carriers within a single facility to avoid the
proliferation of telecommunication towers.
• Guyed Tower. A structure erected for mounting communications transmission and
receiving devices. The structure is usually an open, triangular or rectangular shape
and maintains its width the entire length of its structure. The distinction of this
tower lies in its support system, which includes anchored guyed-wire at va1ying
angles to support its entire length.
• Monopole Tower. An upright, self-supporting structure erected for mounting
communications transmitting and receiving devices. This structure is cylindrical in
shape and is wider at the base for sufficient strength to be self-supporting. It usually
decreases in diameter toward the top. It derives its name from its single anchoring
leg or pillar.
• Owner.
o Owner, Land. (Land Owner of Property Where Cell Tower Will be Located).
Any individual with free title, or with written permission from an individual
with free title, to any plot of land within the Town of Dauphin Island and its
police jurisdiction, who desires to develop, construct, build, operate, modify
or erect a tower upon such land, or lease said land to a telecommunications
company to develop, construct, build, operate, modify or erect a tower;

o Owner, Tower. Any individual, firm, partnership, association, corporation,

company or other legal entity that develops, constructs, builds, operates,
modifies or erects a telecommunications tower.
• Repeater. A receiving and transmission site used to gather communication signals
and amplifies it for further distribution. A repeater is the key to broadcasting a
signal over extended distances and varying terrain.
• Self-Supported Tower. A triangular based structure with three support legs as its
base, erected for mounting communications transmission and receiving devices.
This structure is wider at its base and becomes smaller at its apex. These structures
also gain its strength through its lattice- like, cross-member structure.
• Satellite Earth Station. A ground link network which acts as a relay loop between
an orbiting satellite for receiving and transmitting signals. Its main purpose is to
extract the satellite signal and process it for distribution. These stations are placed
at strategic locations to complete a communications network.
• Telecommunications. The technology which enables information to be exchanged
through the transmission of voice, video, or data signals by means of electrical or
electromagnetic systems.
• Telecommunications Facilities. Any cables, wires, lines, wave guides, antennas and
any other equipment or facilities associated with the transmission or reception of
communications which an individual seeks to locate or has installed upon or near a
tower or Antenna Support Structure. However, the term “ Telecommunications
Facilities" shall not include the following:
1. Any satellite earth station antenna two (2) meters in diameter or less
which is located in an area zoned industrial or commercial;
2. Any residential satellite earth station antenna regardless of zoning category;
• Telecommunications Tower. A self-supporting lattice, guyed or monopole
structure constructed from grade, or resting on grade as a temporary or
testing installation which supports telecommunications facilities.
• Tower Owner. Any individual, firm, partnership, association, corporation,
company or other legal entity that develops, constructs, builds, operates,
modifies or erects a telecommunications tower.
Yard. A ground area of open space on a lot that is unoccupied and unobstructed by any
portion of a structure from the ground upward. Yards are further classified as front, rear,
waterside, and side yards. Yards shall be measured from the wall of the structure to the
property line perpendicularly using a straight line and shall not contain more than twenty
percent (20%) impervious surface materials such as concrete and pavement on residential
lots for the purposes of achieving proper stormwater management standards to control
flooding.
Yard, Front. The ground space extending across the entire width of the lot between the

principal buildings on the lot and the front property line, measured perpendicular to the
building. On corner lots, the yard containing the shorter of the two front lot lines shall be
considered the front yard regardless of the location of the main entrance of the dwelling
(see definition of Front Lot Line). Where both front lot lines on a corner lot are equal in
size, the front yard shall be defined as the side on which the majority of lots front on that
block.
Yard, Rear. The ground space between the rear façade of the principal structure(s) on a
lot and the rear lot line and extending the full width of the lot.
Yard, Required. The minimum ground space that is required when the property is
developed for the purposes of stormwater management and flooding control. The
required yard is part of the general yard space, but may or may not encompass the entire
yard space depending on the size of the lot. The required yard is located between the
property line and the building setback line and/or buildable area boundary, see “Yards”
diagram in Article 5 of this Ordinance. The required yard shall remain unoccupied and
unobstructed from permanent structures including impervious surfaces from the ground
upward to the sky, with the exception of permitted yard encroachments and projections,
such as driveways, accessory buildings, swimming pools, and uncovered porches, patios,
decks, and stairs, see “Allowable Yard Encroachments” table in Article 5 of this Ordinance.
Yard, Side. The ground space between the side façade of the principal structure(s) on a lot
and the nearest side lot line and extending between the front yard and rear yard of the
lot.
Yard, Waterside. The ground space abutting any body of water and the principal structure
(s) on a lot. May be either a front, side, or rear yard depending on the orientation of the
principal building on the lot.
Yard Encroachments and/or Projections. Certain architectural features, mechanical

equipment, and/or landscaped structures, which are allowed to extend into a standard
required yard space, provided that the encroachments and/or projections meet the
locally adopted building codes and minimum vision clearance triangle on a corner lot.
Yurt. A circular domed tent of skins or felt stretched over a collapsible lattice framework
primarily used by pastoral peoples of inner Asia.
Zoning. Zoning is a legal instrument that places certain land use controls over privately-owned
land governing the use, placement, spacing, and size of land and buildings to protect the health,
safety, and general welfare of the public. Zoning consists of a zoning map which delineates
different zoning classifications and written regulations which provide the uses allowed and
development standards for each zone.
Zoning Amendment. The formal procedure to amend the adopted zoning ordinance and/or

official zoning map of the City by changing the text of the ordinance and/or boundaries of any
zoning district on the zoning map. A public hearing is required by the Planning Commission and
City Council for this action before a vote can be considered by Town Council.
Zoning District. An area delineated on the Official Zoning Map within which a prescribed set
of land uses and development standards are applied to various types of development.
Zoning District, Base. A zoning district within which one or more uses are allowed and where
intensity, dimensional, and development standards are applied and required.
Zoning District, Overlay. See Overlay Zone.
Zoning Enforcement Officer. The individual designated by the appointing authority to

enforce the provisions of the Zoning Ordinance.
Zoning Map. The Official Zoning Map of the Town of Dauphin Island, upon which the boundaries
of various zoning districts are drawn, and which is an integral part of this Ordinance.

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ARTICLE 3
General Provisions
§ 3.1 APPLICATION & COMPLIANCE OF REGULATIONS

§ 3.2 EXISTING COVENANTS
§ 3.3 LAND DISTURBANCE PERMIT
§ 3.4 BUFFER PROTECTION REQUIREMENTS
§ 3.5 LIGHTING REGULATIONS
§ 3.6 GARBAGE & TRASH DISPOSAL
§ 3.7 OUTDOOR STORAGAGE & SCREENING
§ 3.8 TEMPORARY USES, STRUCTURES & PERMITS
§ 3.9 VIEWSHED PROTECTION
§ 3.10 JUNKED VEHICLES, TRAILERS, & VESSELS
§ 3.11 ABATEMENT OF NUISANCES
§ 3.12 ANIMALS & LIVESTOCK
SECTION 3.1 APPLICATION & COMPLIANCE OF REGULATIONS

Except as hereinafter provided, the following shall generally apply to all zoning districts within the
corporate limits of the Town of Dauphin Island:
No building or land shall hereafter be used or occupied and no building or part thereof shall be
erected, constructed, moved, or altered except in conformity with the regulations herein specified
for the district in which it is or is to be located. All non-stick-built structures installed within the
corporate limits of the Town must meet the Town’s current adopted building code.
SECTION 3.2 EXISTING CONVENANTS

Where subdivisions, lots, or parcels exist which have already been recorded or which will be
recorded with deed restrictions or other such restrictive covenants, such restrictions and
covenants must be met in addition to the requirements of this Ordinance.
*Note: All applications must meet Town of Dauphin Island Zoning Regulations before the
issuance of a building permit. Additional standards may be required by the Property
Owner’s Association (POA) in which property is located. Applicants are strongly
encouraged to hold a pre-application meeting with both the Town and the POA, if
applicable, to ensure standards from both entities are met.
SECTION 3.3 LAND DISTURBANCE PERMIT

A Land Disturbance Permit shall be required for any land-disturbing activity related to the clearing
of a piece of property or other land-disturbing activity not covered by a building permit, see
definition of Land Disturbance in Article 2: Definition of Terms.

Article 3 | General Provisions
SECTION 3.4 BUFFER PROTECTION REQUIREMENTS

In efforts to minimize disturbances between potentially incompatible land uses and to ensure the
integrity of residential neighborhoods is not compromised or disturbed by adjacent non-
residential uses that may be intrusive and disruptive to a resident’s quality of life, protective
buffers shall be required to be installed in accordance with the following provisions of this section.
Properties are considered adjacent to each other when they are separated by either a property
line, street, waterbody, or other impediment. When a new commercial or non-residential use is
established adjacent to a residential use and/or residential district, the new commercial
establishment shall install a protective buffer or screen to ensure the integrity of the residential
use and/or district is not disturbed.
§ 3.4.1 PROTECTION BUFFER REQUIRED

Where a new commercial use or any non-residential use is established adjacent to a
residential use or any part of a residential district, a buffer zone ten (10) feet wide shall be
required to be installed on the commercial or non-residential lot. The buffer or screen shall
be installed on the side(s) of the commercial property that is/are adjacent to the residential
use/district and shall run the entire length of the abutting lot line(s) to ensure the
residential use is not negatively impacted from nuisances the new commercial use could
possibly generate such as: the glare of lights, dust and debris, visual encroachment and
noise. Screen planting shall be maintained in a clean and uniform fashion, in such manner
as to accomplish its purpose continuously and shall not impair vehicular flow. Said buffer
zones shall be in addition to the required yard dimensions and shall be reviewed by the
Planning Commission during site plan review.
§ 3.4.2 TYPES OF BUFFERING & SCREENING
• Wall or Fence. If a wall or fence is provided as a protection buffer, it shall be a

maximum of four (4) feet if installed along the front property line, and six (6) feet
in height if installed along the side and/or rear property line. It shall be of a
construction and design approved by the Planning Commission. Said wall or fence
shall be maintained in good repair by the owners of the property.
• Screen Planting Strip. If a screen planting strip is provided as a protection buffer, it
shall be at least ten (10) feet in width, shall be planted with materials in sufficient
density and of sufficient height, but in no case less than four (4) feet in height if
planted along the front property line, or six (6) feet in height if planted along the
side and/or rear property line at the time of planting.
SECTION 3.5 LIGHTING REGULATIONS

All lighting and lighting fixtures on a lot shall be in good condition and appearance. The Building
Official may require the removal, replacement, repair or correction of a lighting fixture, at the
owner’s expense, for any lighting fixture on the property that is improperly maintained.

§ 3.5.1 OUTDOOR LIGHTING ADJACENT TO AND IN RESIDENTIAL AREAS
• Outdoor lighting of all types shall be directed so as to reflect away from all residential
dwellings, residential zoning districts, and residential uses to ensure that all exterior
lights and illuminated signs are designed, located, installed and directed in such a
manner as to prevent objectionable light trespass and glare across property lines,
and/or direct glare at any location on or off the subject property that may negatively
impact adjacent residential areas.
• Any outdoor lighting shall be so situated as not to reflect directly into any public right-
of-way or neighboring property.
§ 3.5.2 OUTDOOR LIGHTING REQUIREMENT FOR BEACH FRONT PROPERTIES

Sea turtle nesting activities occur annually on Dauphin Island beaches and shorelines. Sea
turtle conservation practices are essential in sustaining and rebuilding sea turtle
populations. Sea turtles serve a crucial purpose in preserving healthy ocean ecosystems
by maintaining healthy seagrass beds and productive coral reef ecosystems, transporting
essential nutrients from the oceans to beaches and coastal dunes, all of which help provide
key habitat for other marine life and balance marine food webs. All sea turtle species are
federally protected under the Endangered Species Act of 1973. Disorienting turtles with
artificial lighting is a violation of the Act and may result in fines of up to $25,000 per
hatchling.
Appropriate “turtle-friendly” lighting is required in specific areas of Dauphin Island where

there is the potential sea turtle activity in order to ensure the light sources from these
areas don’t create a hazard for sea turtles and interrupt their natural instinctive behaviors.
Light sources that create a potential hazard for sea turtles are considered "light fixtures
that are directly, indirectly or cumulatively visible from the beach." To effectively protect
nesting sea turtles and their hatchlings, property owners in the boundary must minimize
all lights that may be visible from the beach, including all exterior, structural, decorative,
and landscape lighting. This includes interior light visible through glass windows, doors and
walls (either facing or perpendicular to the beach) as well as light from pools, fire pits,
electronic devices such as televisions, tiki torches, and all other outdoor lighting.
See Section 6.10 of this Ordinance for a list of lighting regulations that apply to all new
coastal construction projects as well as all new lighting fixtures installed on existing
structures located on the seaward side of all lots adjacent to the Gulf of Mexico and all lots
west of St. Denis Court located on the north and south sides of Bienville Boulevard. The
required turtle lighting regulations apply to all lighting fixtures that are beachfront, front,
side, and rear of the building or structure in efforts to provide protection for nesting sea
turtle activities and promote the production of sea turtle hatchlings on the Island. See
boundary area on Figure 6.1: Turtle Lighting Boundary Map.
TOWN OF DAUPHIN
TOWN OFZONING
ISLAND DAUPHIN ISLAND ZONING ORDINANCE 3-3 3-3
ORDINANCE
SECTION 3.6 GARBAGE & TRASH DISPOSAL

The following regulations regarding the removal and disposal of trash and debris shall apply to all
zoning districts:
• No lot shall be used or maintained as a dumping ground for rubbish.
• Trash, garbage or other waste shall be kept in sanitary containers.
• Garbage and trash disposal shall be in compliance with applicable Town ordinances.
• Commercial dumpsters, trash refuse, and recycling containers should not be located
forward of the front building Line. Such containers shall be screened by the combination
of opaque fence or masonry wall that is higher than the dumpster, and/or plant material
on three (3) sides.
• Commercial dumpsters shall be placed on a concrete pad of sufficient size and properly
screened with a strength to support service vehicles without failure.
• Commercial dumpsters are prohibited in the R-1, R-2, and Village zoning districts unless
required for temporary purposes.
SECTION 3.7 OUTDOOR STORAGE - COMMERCIAL & MULTI-FAMILY USES

The following regulations apply to all multi-family uses and all other commercial and/or non-
residential uses.
• All outdoor storage of garbage, materials, servicing equipment, and the like, shall be
enclosed by a wall or fence of solid appearance or tight evergreen hedge not less than
eight (8) feet in height conceal such areas from an adjacent residential district.
• Any outside area designated for service facilities such as utility dumpsters, garbage
dumpsters, construction materials and/or equipment, gas, fuel tanks, liquid petroleum
tanks, other outdoor storage tanks, etc. shall be properly screened and be shielded from
public view.
• Said storage shall be limited to the rear yard and screened from public view with an opaque
fence or wall of permanent construction and of a design and of materials approved by the
Building Official for existing storage and through the Planning Commission for new projects
at the Site Plan Review process.
• The Building Official may require the outdoor storage screening to be removed, replaced,
repaired or corrected at the owner’s expense if not properly maintained.
• Outdoor Storage is prohibited on undeveloped lots.
SECTION 3.8 TEMPORARY USES, STRUCTURES & PERMITS

§ 3.8.1 PERMIT REQUIRED
The regulations contained in this section are necessary to govern the operation of
transitory, seasonal and/or temporary structures and uses that are considered to be -
nonpermanent in nature. They do not apply to clean-up activities due to a storm event or
natural and/or man-made disaster.
• All temporary structures shall be reviewed and considered by the Town Council on a
case-by-case basis. Town Council approval is required for all temporary uses and
structures before the issuance of a Temporary Use Permit. The Temporary Use

approval shall be noted on the building permit application.
• All Temporary structures and/or uses require a Temporary Use Permit obtained
through the Town’s Building Department after the review of Town Council.
• The Temporary Use Permit for the temporary building and/or structure is valid for
ninety (90) days. If the temporary building and/or structure will be used for longer than
ninety (90) days, the property owner must apply for another Temporary Use Permit.
• All applications for a Temporary Use Permit must provide the following:
1. Physical address for the location of the temporary building or use;
2. A description of the proposed use or purpose of the temporary building;
3. Site plan showing where temporary structure or use will be located on the lot,
zoning, setback requirements of the zoning district for the site, and any easements
on the property, and the location for all parking and sanitary facilities.
4. Letter of Authorization from the property owner giving permission for the
temporary structure or use.
§ 3.8.2 GENERAL REQUIREMENTS

• Temporary structure or use shall not be located in any right-of-way.
• The temporary structure or use shall be subject to all regulations as would be applied
to a permanent principal or accessory use located in the same zoning district, except
as otherwise provided by these regulations.
• Termination of use of the temporary structure shall terminate with the expiration of
permit, completion of construction, abandonment or revocation of the related use
permit and thereafter shall be removed from subject property.
• The use of a shipping container (see definition) as a temporary structure is prohibited
except in the CB and WW zoning districts.
§ 3.8.3 USES ALLOWED

The following temporary uses shall be permitted as specified by these regulations:
• Construction Support- Temporary buildings or portable type trailers used in
conjunction with construction work only, may be permitted in any zoning district and
shall be removed immediately upon completion of construction.
• Business Support- Construction or Real Estate Office on or adjacent to any site on which
a building or construction project is being diligently pursued for which a permit has
been granted.
• Seasonal Support- Christmas Tree/Seasonal Sale Lot – A temporary use permit may be
issued for the display and open lot sales of Christmas trees and/or seasonal promotions
in a non-residential district only.
• Special Event Support- Tent Events/Religious Gatherings – A temporary use permit is
required for any tent event or other temporary structure to house an event, gathering,
and/or meeting. Tents used in all zoning districts shall be temporary in nature, as for
the protection of the public, surplus, or sale goods, or as temporary uses incidental to
an established principal use. No tent shall be used, erected or maintained as living
quarters.
• Personal Support- A Temporary Use Permit shall be issued for recreational vehicles
visiting occupied residential structures in all zoning districts for a period not to exceed
more than fourteen (14) days.
TOWN OF DAUPHIN
TOWN OFZONING
ISLAND DAUPHIN ISLAND ZONING ORDINANCE 3-5 3-5
ORDINANCE
SECTION 3.9 VIEWSHED PROTECTION

Every waterfront lot on Dauphin Island has an intrinsic right of providing a scenic view for all to
enjoy. All new developments on the Island must adhere to viewshed protection standards such as
height and spacing requirements to ensure development does not interfere with this right and to
prevent contiguous loss of waterfront views and public access to waterfronts. Any existing lot that
is adjacent to the waterfront encompassed within the municipal limits of the Town of Dauphin
Island shall provide viewshed protection consistent with the surrounding properties to protect all
views and to maintain the Island’s character.
SECTION 3.10 JUNKED VEHICLES, TRAILERS, & VESSELS

A junked vehicle, trailer, or vessel, or one that is not in use or cannot move under its own power
shall not be permitted to be located on any lot.
SECTION 3.11 ABATEMENT OF NUISANCES

The Town Council may require the conduct of any use that is conforming or non-conforming, which
results in unreasonable noise, light, increased traffic, smoke, gas, vibration, fumes, dust, fire, radio
interference, explosion hazard, or nuisance to surrounding property to be modified or changed to
abate such hazard to health, comfort, and convenience. The Council may direct the Building
Official to issue an abatement order, but such order may be directed only after a public hearing
by the Council, notice of which shall be sent by certified mail to the owners or operators of the
property on which the use is conducted five (5) days before said hearing shall occur. A hearing to
consider issuance of an abatement order shall be held by the Council either upon petition signed
by any person affected by the hazard of the nuisance, or upon the initiative of the Town. An
abatement order shall be directed by the Council only upon reasonable evidence of hazard or
nuisance, and such order shall specify the date by which the hazard or nuisance shall be abated.
SECTION 3.12 ANIMALS & LIVESTOCK

No livestock or poultry of any type or species shall be kept within the corporate limits of the Town
of Dauphin Island. Commercial kennels are permitted in the Central Business (CB) zoning district
only and are prohibited in all other zoning districts. House pets are permitted in all zoning districts,
provided their accommodations don’t fall under the definition of Kennel. For more information,
see the following definitions in Article 2: Definition of Terms: Livestock, House Pet, and Kennel.

ARTICLE 4
Zoning District Requirements & Permitted Uses
§ 4.1 PURPOSE OF ZONING DISTRICTS

§ 4.2 RULES FOR DETERMINING BOUNDARIES
§ 4.3 CLASSIFICATION OF ZONING DISTRICTS
§ 4 .4 ESTABLISHMENT OF ZONING DISTRICTS
§ 4 .5 ZONING DISTRICTS DESCRIPTIONS
§ 4.6 USE COMPLIANCE WITH DISTRICT REQUIREMENTS
§ 4.7 USE CATEGORIES
§ 4.8 TABLE OF PERMITTED USES
§ 4.9 ZONING DISTRICT USES & REQUIREMENTS
§ 4.10 ZONING DISTRICTS MAP
§ 4.11 OVERLAY DISTRICTS PERFORMANCE STANDARDS
SECTION 4.1 PURPOSE OF ZONING DISTRICTS

The Town of Dauphin Island, Alabama is hereby divided into zoning districts as listed and described
below and as shown on the official zoning district map, for the purpose of:
1. Providing a residential environment free of incompatible uses, safe from natural and
manmade hazards;
2. Promoting, where possible, planned residential and commercial areas in appropriate
locations, with appropriate standards;
3. Providing a level of flexibility of control sufficient to promote innovation and creativity
in community development and to encourage maximum living comfort and
convenience; and
4. Promoting and adhering to the currently adopted Comprehensive Master Plan for the
Town.
SECTION 4.2 RULES FOR DETERMINING BOUNDARIES

The boundaries of the districts are shown on the zoning map in Section 4.11 as adopted by this
Ordinance and made part hereof and entitled “Zoning Districts Map of Town of Dauphin Island,
Alabama.” The Zoning Map and all notations, references and other information shown thereon
are a part of this Ordinance. The zoning map, which is properly attested, is on file in the official
records of the Town of Dauphin Island, Alabama.
The boundaries of the zoning districts are shown on the map adopted by this Ordinance or
amendments thereto; and the regulations of this Ordinance govern the use of land and buildings,
the heights, density, and placement of buildings, size of yards and other open spaces, and other
features as herein set forth are hereby established and declared to be in effect upon all land
included within the boundaries under the jurisdiction of the Town of Dauphin Island.

Article 4 | District Requirements & Permitted Uses
Where uncertainty exists as to the boundaries shown on the Map, the following rules shall apply:
1. Where district boundaries are indicated as approximately following street

centerlines or lot lines, such lines shall be construed to be boundaries.
2. Where a street or alley is officially vacated or abandoned by the Town, the
classification of the abutting parcel shall apply to that portion of the street or alley
added to such parcel.
3. In cases of the uncertainty of the district boundary, the Building Official shall
interpret the Zoning Map. Any decisions may be appealed to the Zoning Board of
Adjustment.
4. If any property is not shown as being in a zoning district because of error or
omission, the zoning classification of such property shall be by default, R-1, Single
Family Residential until zoned by an amendment to this Ordinance.
5. Any new annexed property to be included in the Town’s corporate limits shall be
zoned R-1 by default. The property owner of the annexed property may request a
different zoning classification.
SECTION 4.3 CLASSIFICATION OF ZONING DISTRICTS

All individual land parcels within the Town’s corporate limits are officially designated by this
Ordinance to be assigned one (1) base zoning classification per parcel. Some lands located within
the Town limits may be assigned one base zoning classification and one or more overlay zoning
classification.
Land shall be classified (zoned) or reclassified (re-zoned) into a zoning district only in accordance
with the procedures and requirements set forth in this Ordinance.
§ 4.3.1 RELATIONSHIPS BETWEEN BASE AND OVERLAY ZONING DISTRICTS

Regulations governing development in an overlay zoning district shall apply in addition to
the regulations governing development in the underlying base zoning district. If the
standards governing an overlay zoning district expressly conflict with those governing an
underlying base zoning district, the standards governing the overlay zoning district shall
control.
SECTION 4.4 ESTABLISHMENT OF ZONING DISTRICTS

The following zoning districts are established within the corporate limits of Dauphin Island to
implement the Future Land Use Map of the Town’s Comprehensive Master Plan. To achieve the
purposes of this Ordinance, the Town of Dauphin Island is hereby divided into the following zoning
districts:

SYMBOL ZONING DISTRICTS

R-1 Single Family Residential District
R-2 Two Family Residential District
R-3 Multi-Family Residential District
RC Resort Commercial District
CB Central Business District
CP Conservation Park District
V Village District
WW Working Waterfront District
SYMBOL OVERLAY DISTRICTS
BSOD Bienville Boulevard South Overlay District
DPOD Dune Protection Overlay District
ABOD Aloe Bay Overlay District
WPOD Wetland Protection Overlay District
SFHOD Special Flood Hazard Overlay District
STVROD Short-Term Vacation Rental Overlay District
SECTION 4.5 ZONING DISTRICTS DESCRIPTIONS

§ 4.5.1 RESIDENTIAL DISTRICTS
• R-1: Single-Family Residential District (One Dwelling Unit per Structure per Lot)
The R-1 Single Family Residential zoning district provides a low-density neighborhood
environment that limits uses primarily to single-family dwellings and their associated
accessory uses, along with residentially appropriate uses. Single-family style housing
which is designed and intended for occupancy by one family is permitted in the district,
where only one (1) housing unit is located on one single lot of record. This zoning
classification offers the most protection to the landowner by restricting uses that
would compromise the integrity of the residential neighborhood, ensuring quality of
life standards are met.
• R-2: Two-Family Residential District (Two Units/Structure per Lot)

The R-2 district provides a low to medium density residential neighborhood
environment, offering a choice of single-family and/or two-family (duplex) housing
options together with their associated accessory uses; where one (1) principal housing
structure (duplex) is located on one single lot of record, and where limited residentially
appropriate uses which are compatible with the district are permitted as well.
• R-3: Multi-Family Residential District

The R-3 district is intended to provide appropriate locations for development of low to
medium multi-family housing and other residentially compatible types of uses. Two-
family and multi-family housing is permitted along with their associated accessory uses
and other compatible uses that are appropriate for the district. Two or more principal
buildings are permitted per one lot of record, not to exceed a maximum of six (6)
dwelling units per one lot of record.

§ 4.5.2 COMMERCIAL DISTRICTS
• RC: Resort Commercial District

This district is intended to provide suitable locations for commercial uses together with
medium to high density multi-family housing and lodging opportunities that serve the
needs of tourists and/or residents alike. The district’s regulations are designed to
permit development in the area for its intended purpose as well as to protect the
integrity of adjacent neighborhoods and surrounding residential areas. Two or more
structures may be located on one lot of record in the RC district.
• CB: Central Business District

This district is intended to provide locations for retail and wholesale sales and services
that accommodate the residential and seasonal population of the town. Types of uses
permitted are restricted to those that are compatible with the Island’s small town
resort character. Two or more structures may be located on one lot of record in the
CB district.
§ 4.5.3 RECREATION & CONSERSERVATION DISTRICTS
• CP: Conservation Park District

This district is established to preserve and maintain land for conservation, open green
space, and outdoor recreational uses. Some areas of this district are not permitted to
be developed due to their unique environmental characteristics. Two or more
structures may be located on one lot of record in the CP district.
§ 4.5.4 SPECIAL USE DISTRICTS
• V: Village District
The intent of this District is to create a charming and centralized district that allows
residential uses, small-scale retail, personal service, and commercial uses, mixed-use
developments, and low impact development, with a pedestrian-friendly streetscape
that is harmonious with the Island’s small-town coastal village character.
• WW: Working Waterfront District

The intent of the Working Waterfront District is to create a district that preserves and
promotes the unique waterfront setting of the Island through the combination of
public open space, commercial, retail and tourism activities, and multi-family
residential uses. The purpose of this district is to support and encourage water
oriented commercial uses that are essential to the Island’s economy, provide abundant
pedestrian and waterfront access, and promote tourism activities to the surrounding
waterfront.

§ 4.5.5 OVERLAY DISTRICTS
• BSOD: Bienville Boulevard South Overlay District

This Overlay District is intended to provide relief and flexibility for base zoning setback
requirements for specific lots that are impacted by the constant shifting terrain of the
island. The overlay allowances only apply to the northernmost lot line on through lots
located at the west end of the Island, south of Bienville Boulevard and north of the Gulf
of Mexico.
• DPOD: Dune Protection Overlay District

The Dune Protection Overlay District (DPOD) is established to provide effective and
reasonable regulations which offer guidelines for proper development and
management of the sand dunes on Dauphin Island. These regulations are intended to
ensure the protection of the barrier island’s dune systems.
• ABOD: Aloe Bay Overlay District

The intent of the Aloe Bay Overlay District is to create a sense of place that reflects the
unique character of Dauphin Island. To achieve this goal, specific use criteria and
design elements are required in the overlay boundaries, which are in addition to the
base zoning requirements of the Working Waterfront to ensure that distinctive design
features are installed to create a “Town Center” which provides a unique civic identity
that is exclusive only to the Island community. Additional requirements include
waterfront view protection standards, public assembly areas, public accessibility to the
waterfront, and pedestrian connectivity throughout this area of town.
• WPOD: Wetland Protection Overlay District

The purpose of this overlay is to identify parcels that encompass wetlands or may
possibly contain wetlands, and to implement protection measures that are required to
protect and manage the Island’s wetlands system. These measures include avoidance
and minimization of wetland impacts from construction and development, and aids in
enforcement of the Town’s ordinances.
• SFHOD: Special Flood Hazard Overlay District

The purpose of this overlay is to identify parcels that are in a Special Flood Hazard Area
(SFHA) per FEMA Flood Insurance Rate Maps (FIRMs). Properties located in flood zones
VE or AE require additional construction standards per Town of Dauphin Island Flood
Damage Prevention Ordinance No. 55A to reduce and prevent flood damage to
personal property.
• STVROD: Short-Term Vacation Rental Overlay District

The purpose of this overlay is to identify parcels that are permitted to be used as
Short-Term Vacation Rentals.

SECTION 4.6 USE COMPLIANCE WITH DISTRICT REQUIREMENTS

Any use permitted in any zoning district, whether by Right, with Planning Commission Approval,
or by Special Exception must comply with the requirements of the zoning district in which it is
located.
• In most cases, any use that is more restrictive may be permitted in a zoning district that
permits less restrictive uses. However, no less restrictive use may be permitted in a zoning
district that requires a more restrictive use.
• In general, uses in all zoning districts shall be conducted within a completely enclosed
structure unless exempted from enclosure requirements in this Ordinance.
• All utility structures necessary for the transmission and distribution of electric power,
telephone lines, gas, and water lines, etc. shall be allowed in zoning districts within the
Town of Dauphin Island. Electric substations and telecommunication (cell) towers are only
permitted in Central Business (CB), Conservation Park (CP), and Working Waterfront (WW)
districts as a special exception use.
• It shall be the responsibility of the owner and/or authorized agent to demonstrate
compliance with the requirements of this Ordinance.
§ 4.6.1 PERMITTED USES BY RIGHT (R)

The following sections indicate uses permitted in each District. Unless otherwise noted, uses
permitted are permitted by Right, subject to the conditions specified in this Ordinance.
§ 4.6.2 USES REQUIRING PLANNING COMMISSION REVIEW (P)

Certain uses require the review and approval of the Planning Commission as being in harmony
with the orderly and appropriate development of the district in which the use is located.
§ 4.6.3 USES BY SPECIAL EXCEPTION (S)

Special Exception uses are sometimes referred to as conditional uses permitted on appeal
because the use, while generally compatible with the district, requires additional review and
may require additional standards due to the potentially disruptive nature of the use. Each
application to the Board of Adjustment for a use permitted by special exception shall be
accompanied by a site plan which shall first be reviewed by the Planning Commission for
compliance with the Zoning Ordinance. The Planning Commission makes a recommendation
to the Board of Adjustment as to whether the use should be allowed in the zoning district. The
Board of Adjustment shall hold a public hearing to review the application. The Board shall
consider the recommendations of the Planning Commission and make them a part of the
record of the public hearing held on an application for a special exception, prior to deciding on
the application. If the decision of the Board of Adjustment is not consistent with the
recommendation of the Planning Commission, the minutes of the meeting at which such
decision is made shall set forth the particular reasons for deviating from such
recommendations.
§ 4.6.4 USES PROHIBITED ( - )

Any use listed as Prohibited in any zoning district shall not be allowed in said district.

§ 4.6.5 USES NOT SPECIFIED

In any case where a use is not specifically referred to under Uses Permitted by Right, with
Planning Commission Approval, or by Special Exception, or elsewhere in this Ordinance, its
status shall be determined by the Building Official by reference to the most clearly analogous
use. When the status of a use has been so determined, it shall be officially recorded by the
Building Official and such determination shall be referenced as and thereafter have general
application to all uses of the same type. The Planning Commission will determine if an
appropriate business license is required and if the zoning ordinance should be amended to
include the use.
SECTION 4.7 USE CATEGORIES

The following land uses and activities are organized and grouped into the following categories:
• RESIDENTIAL USES
• SMALL COMMERCIAL USES (1,500 SQUARE FEET OR LESS)
• LARGE COMMERCIAL USES
• RECREATIONAL USES (PASSIVE AND ACTIVE RECREATIONAL)
• PUBLIC/SEMI-PUBLIC USES (SMALL-SCALE AND LARGE-SCALE)
• MARINE & WATER-DEPENDENT USES
• LODGING USES (RESIDENTIAL AND COMMERCIAL LODGING)
• MIXED-USES
• ACCESSORY USES
• OTHER USES
The Use Category Table in Section 4.8 of this Article identifies which uses are permitted in each
zoning district.
§ 4.7.1 RESIDENTIAL USES

Residential uses are activities that involve the housing of individuals and families, offering
a place for neighborhoods that provide a variety of lot sizes, housing unit types, and
ownership options. This use category provides areas where the buildings are
predominantly used for habitation purposes, where other uses permitted are limited to
those that are considered complimentary and appropriate to the surrounding area to
provide safety and quality of life to the residents while ensuring the integrity of the
neighborhood is not compromised. Housing units range from low-density style housing
such as single-family homes to high density style housing that include duplexes,
quadplexes, condominiums, and apartments, depending on the zoning district. Only one
(1) principal building (dwelling) and it’s accessory building is allowed to be placed on one
lot of record in the R-1 and R-2 zoning districts. Two or more principal buildings and their
accessory buildings are allowed to be located on one lot of record in all other zoning
districts provided all required setbacks are met.

Examples:
1. Single Family Detached Dwellings
2. Two Family Dwellings
3. Multi-Family Dwellings
4. Condominium Structures
5. Modular Homes
6. Manufactured Homes
7. Accessory Buildings and Structures - including, but not limited to: garages, utility
buildings for storage, piers, boat docks
§ 4.7.2 SMALL COMMERCIAL USES

Small Commercial uses are considered any small-scale business activity involving the sale
of goods or services carried out for profit that serve the day-to-day commercial needs of
surrounding neighborhoods. The maximum size of the business is limited to 1,500 square
feet or less, and the activity of the use is less intensive to ensure the integrity of the
neighboring properties is not infringed upon or compromised.
Examples:
**Small-scale development: size limited to 1,500 square feet or less
1. Retail establishments
2. Dining establishments
3. Markets (grocery, farmers, artisan, etc.)
4. Personal service establishments
5. Professional Offices
6. Banks and other financial institutions
7. Studios for display/instruction in art, dance, music, drama, theater, and other
performing arts.
8. Lodging
9. Museums
10. Public Parking Lots
11. Other Small-scale, neighborhood appropriate establishments
§ 4.7.3 LARGE COMMERCIAL USES

Large Commercial uses are considered any large-scale business activity involving the sale
of goods or services carried out for profit. These types of uses are typically larger in size
and involve a more intense use that typically generates higher volumes of vehicular traffic.
Examples:
**Larger-scale development: 1,500 square feet or larger
1. All uses listed under Small Commercial Uses
2. Retail establishments
3. Dining establishments
4. Grocery store
5. Hardware store
6. Brewery/liquor sales
7. Bars, night clubs, lounges

8. Country clubs, community centers, lodges, private clubs, and meeting rooms
9. Gas stations
10. Small engine repair
11. Automobile/boat sales, equipment sales, supplies, rentals and service
12. Bait and tackle shop
13. Public parking lots
14. Lodging Uses – hotels and motels, and Bed & Breakfasts
15. Medical/dental/optical/healthcare offices and/or facilities
16. Animal vet clinic, kennel or pet boarding facility (indoor or outdoor kennels)
17. Banks and other financial institutions
18. Child/adult day care centers
19. Car wash
20. Taxi/shuttle/public transportation services
21. Rental services
22. Family entertainment establishments
23. Outdoor and covered markets (grocery, farmers, artisan, etc.)
24. Specialists/trade services and workshops (All work/services must be conducted
entirely within the property limits
§ 4.7.4 RECREATIONAL USES

Recreational uses are considered activities that involve active or passive forms of exercise
or leisure-time interests. Due to the differences in the intensity level of each use and the
amount of disturbance each could create, this use category is divided into “Recreational-
Passive” uses and “Recreational-Active” uses. For the purposes of this Ordinance,
Recreational-Passive uses shall be considered recreational uses being more appropriate
for residential districts and areas, such as parks, trails, hiking, biking, benches, statues,
fountains, pavilions, ponds, and other natural and cultural features. Non-commercial
activities and features that do not disturb the residents or the character of the residential
neighborhood, but rather enhance the area, promoting and maintaining standards that
provide quality of life for the residents. Recreational-Active uses shall be considered
recreational uses being more suited for non-residential zoning districts due to their level
of intensity, which could disturb residential neighborhoods. They are uses and areas that
have a commercial component and increased traffic, such as golf courses, campgrounds,
and RV Parks, see Article 2: Definition of Terms.
Examples:
• Recreational-Passive (non-commercial)
1. Public Parks
2. Fishing piers
3. Beaches
4. Courts
5. Fields
6. Trails (nature, hiking, bicycle, walking)
7. Bird and wildlife sanctuaries and other natural preservation areas
8. Historic and archaeological sites

• Recreational-Active (Commercial)
1. Golf courses
2. Country clubs
3. Tennis centers
4. Community swimming pools
5. Aquaculture/Mariculture
6. Bird and wildlife sanctuaries and other natural preservation areas
7. Historic and archaeological sites
8. RV Parks/outdoor camping/day and night camping to include tent and RV
9. Recreation/entertainment uses - indoor and outdoor
10. Public beaches with entrance fees and/or paid parking areas
§ 4.7.5 PUBLIC & SEMI-PUBLIC USES

Public and Semi-Public uses are any building operated using public revenues and used
exclusively for public or semi-public purposes by any department or branch of government;
a building of an institutional nature and serving a public need, such as places of worship,
hospital, school, library, post offices, police and fire stations, museums, water treatment
facilities, etc. These areas exist to provide necessary community services to residents and
business alike. For the purposes of this Ordinance, these types of uses are separated into
Small-Scale and Large-Scale categories and are permitted in specific zoning districts,
depending on the intensity of the activity and the nature of the use.
Examples:
• Small-Scale (under 1,500 sq ft) (Residentially Compatible)
1. Libraries
2. Public parks
3. Art centers
4. Museums and/or galleries
5. Churches (with or w/o attendant building and facilities)
6. Schools and other educational & instructional institutions
• Large-Scale (over 1,500 sq ft)
1. Medical facilities, urgent cares, hospitals, and ambulance services
2. Buildings used exclusively by federal, state, county or city government for
public purposes
3. Public Utility and service structures including but not limited to water, sewer,
fire and police uses
4. Utility service yards or garages
5. Gymnasiums and/or stadiums in conjunction with school facilities
6. Auditoriums
7. Post Office
8. Animal shelter
9. Health club/spa

§ 4.7.6 MARINE & WATER-DEPENDENT USES

Marine and Water-Dependent uses are activities that are intended to preserve and
promote the unique waterfront setting of the island through the combination of
commercial activities, and public open space that are essential to the island character and
economy and provide numerous opportunities for pedestrian and tourist access to the
surrounding waterfront. These uses provide public access to both active and inactive
aspects of the waterfront (marinas, harbors, boat slips and launches, parks, pedestrian
boardwalks, observation decks, fishing piers, etc.), support the commercial uses that
depend on the waterfront location (commercial/recreational fishing and boating, seafood
sales, waterfront dining, etc.), and offer retail and public service uses complimentary to
the district to supplement the waterfront activities.
Examples:
1. Boat charters
2. Boat assembly and/or repair
3. Boat and watercraft sales and rental services
4. Bait and tackle shops
5. Large commercial uses not to exceed 2,500 square feet
6. Marinas/harbors
7. Boat docks/slips/piers/launches
8. Boat and general storage facilities
9. Seafood sales (from boat)
10. Seafood markets
11. Food processing facility, including cold storage (**Must be in an enclosed
building that does not exceed 1,500 square feet in area).
12. Wholesale services
13. Workshops and/or repair shops
14. Water taxi/towing services
15. Airport
16. Seaplane landing/docking facility
17. Waterside loading/docking area
§ 4.7.7 LODGING USES

Lodging uses are activities that furnish temporary habitation accommodations to transient
individuals for profit. For the purposes of this Ordinance, this use category is divided into
“Residential Lodging” uses and “Commercial Lodging” uses in order to distinguish between
private rental homes with limited capacity located in residential districts and areas of the
island, and more commercialized lodging facilities that are not suited for residential areas
due to the size and intensity of the use.
Examples:
• Residential Lodging • Commercial Lodging
1. Short-term rental 1. Condominium Rentals
2 Long-term rental 2. Hotel
3. Bed & Breakfast 3. Motel

§ 4.7.8 MIXED-USES
The Mixed-Use category is intended for development that is compact, diverse and
walkable and that enhances the character and form through appropriate design. It allows
for a mix of compatible uses that are either mixed and distributed horizontally within a site
or vertically within individual buildings. This type of development allows for flexibility in
zoning by making it possible to utilize the property with more than just one use, which
provides for more opportunity for the development to maximize the use of the land to its
fullest potential.
Examples:
• Small commercial uses on 1st floor/Dwelling unit on 2nd floor
• Dining uses on 1st floor/Multi-Family (apartments) on 2nd floor
• Large commercial use 1st floor/Small commercial use 2nd floor
• Retail in one side of building/Dining or dwelling use on other side of building
§ 4.7.9 ACCESSORY USES

Accessory uses are considered incidental to a primary use. They function as secondary or
subordinate to a primary use of the property and are not considered the principal use of
the property, but rather a use lower than the principal use but compatible, supportive, and
appropriate to the primary use.
Examples:
1. Accessory buildings/structures
2. Piers, docks, and boat lifts as an accessory structure
3. Boat house
4. Home Occupation - in Primary Structure only
5. Home Office-in Primary Structure only
6. Public utility and service structures including but not limited to water, sewer, fire
and police uses.
4.7.10 OTHER USES

“Other” uses are those activities that are needed by the community, but don’t typically fit
in with the surrounding area in most zoning districts. Before these uses can be approved,
they may require additional standards and review due to the unique nature of the use and
the intensity by which it may impact neighboring areas. Uses in this category are permitted
by either Special Exception or Require Planning Commission Review, and may require a
public hearing to ensure the adjacent neighbors are aware of the proposed use.
Examples:
1. Accessory dwelling unit
2. Group home (*Public Hearing Required)
3. Kennel
4. Assisted-Living facility
5. Telecommunication towers and facilities
6. Self-storage & mini warehouse

SECTION 4.8 USE CATEGORY TABLE OF PERMITTED USES
KEY
R=Uses Permitted by RIGHT
P=Uses Permitted by PLANNING COMMISSION REVIEW
S=Uses Permitted by SPECIAL EXCEPTION (reviewed by Planning Commission & Board of Adjustment)
USE CATEGORY R-1 R-2 R-3 RC CB CP V WW
RESIDENTIAL USES
Single Family Detached Dwelling R ⎯ ⎯ ⎯ ⎯ ⎯ R ⎯
Two Family Dwelling ⎯ R R ⎯ ⎯ ⎯ ⎯ ⎯
Multi-Family Dwelling ⎯ ⎯ R (g) R ⎯ ⎯ ⎯ P (d)
Condominium Structure R (g) R P (d)
Manufactured Home ⎯ ⎯ R ⎯ ⎯ ⎯ ⎯ ⎯
SMALL COMMERCIAL (1,500 SQ. FT. OR LESS) ⎯ ⎯ ⎯ R R ⎯ P R
LARGE COMMERCIAL USES ⎯ ⎯ ⎯ R R ⎯ ⎯ R
RECREATIONAL USES
Recreational-Passive (non-commercial) P P P P ⎯ P P R
Recreational-Active (commercial) ⎯ ⎯ ⎯ S P S ⎯ P (e)
PUBLIC & SEMI-PUBLIC USES
Small-Scale S S S P ⎯ S (a) P P
Large-Scale ⎯ ⎯ ⎯ S P S (b) P(b) P
LODGING USES
Residential Lodging P* P* P R P ⎯ P P (d)
Commercial Lodging ⎯ ⎯ ⎯ R P ⎯ ⎯ P (d)
MARINE & WATER DEPENDENT USES ⎯ ⎯ ⎯ P (f) ⎯ P (c) ⎯ R
MIXED-USE DEVELOPMENTS ⎯ ⎯ ⎯ P S ⎯ P R (d)
ACCESSORY USES
Accessory Buildings R R R R R P R R
Piers, wharves, docks, boat houses, and boat P P P P ⎯ P ⎯ P
lifts as an accessory structure
Home Occupation S S S P P ⎯ S S
Home Office P P P P P ⎯ P P
Public Utility P P P P P P P P
OTHER USES
Accessory Dwelling Unit ⎯ ⎯ P** ⎯ ⎯ ⎯ S** ⎯
Group Home ⎯ ⎯ R* ⎯ ⎯ ⎯ ⎯ ⎯
Kennel ⎯ ⎯ ⎯ ⎯ R ⎯ ⎯ ⎯
Assisted Living Facility ⎯ ⎯ ⎯ ⎯ S ⎯ ⎯ ⎯
Telecommunication Tower ⎯ ⎯ ⎯ ⎯ S S ⎯ S
Self-Storage/Mini Warehouse ⎯ ⎯ ⎯ P P ⎯ ⎯ P

SYMBOL KEY:
(a) Public parks and school uses only.
(b) Buildings used by city, county, state, and/or federal government public purposes, and
public utility uses only.
(c) Bait and tackle store uses only (need not be enclosed within a structure).
(d) The lowest floor of the building must contain either retail, dining, and/or permanent,
dedicated public access EASEMENT to the waterfront.
(e) RV Parks/Outdoor campgrounds including day and/or night camping and tent camping
uses are prohibited in WW.
(f) Uses limited to charter & rental vessels only in the Resort Commercial (RC) district.
(g) Two or more principal buildings are permitted per lot of record, not to exceed a
maximum of six (6) dwelling units per lot.
* Public Hearing Required
** Minimum 600 sq. ft. not to exceed fifty percent (50%) of principal structure; one (1)
permitted per lot of record in zoning districts which permit Accessory Dwelling Units.
(Note: Public Utility and service structures including but not limited to water, sewer, fire, and
police uses are permitted by Right in all zoning districts.)

SECTION 4.9 ZONING DISTRICT USES & REQUIREMENTS

The following section is a list of uses permitted in each zoning district either by Right, Requiring
Planning Commission Review, Special Exception, and Uses Prohibited. Any additional requirement
or condition noted in this list is notated above in the Use Category Table listed in Section 4.8. See
Figure 4.1: Proposed Zoning Districts Map for the location of each zoning district.
§ 4.9.1 R-1 - SINGLE-FAMILY RESIDENTIAL DISTRICT

A total of one (1) principal building and its accessory building may hereafter be erected on
any one (1) lot of record in the R-1 zoning district.
§ 4.9.1.1 PERMITTED USES & ACTIVITIES

The following land uses and activities are allowed in the R-1 zoning district either by
Right, with Planning Commission Review, or Special Exception. All permitted uses are
subject to the conditions specified in this Ordinance.
A. Uses Permitted by Right (R)

1. Single Family Detached Dwelling
2. Accessory buildings and structures
B. Uses Requiring Planning Commission Review (P)

1. Recreational-Passive uses
2. Residential Lodging uses, see (*) on Table of Permitted Uses
3. Wharfs, piers, boat house, boat lifts and boat docks as an accessory
structure
4. Public Utility and service structures including but not limited to water,
sewer, fire and police
5. Home Office
C. Uses by Special Exception (S)

1. Small-scale public and semi-public uses
2. Home occupation
D. Prohibited Uses (--)

1. Commercial or mixed uses in predominantly residential areas that would
result in an unreasonable increase in traffic, noise, or lighting that would
disrupt residential quality of life.
2. Bars, pubs, nightclubs, and establishments of this type that impose noise or
light from music or crowds where the impact would adversely affect
adjacent or nearby residences.
3. Gas Stations and Auto Repair establishments.

§ 4.9.1.2 DIMENSIONAL & INTENSITY STANDARDS FOR LOTS & YARDS

The following is a list of requirements for lot area and width, yard size, setbacks and
building height for structures in the R-1 District unless otherwise noted, also see Article
5 of this Ordinance.
• Minimum Lot Area: 5,000 square feet

• Minimum Lot Width: 50 feet
• Maximum Lot Coverage:
(residential use) 30%
(non-residential use) TBD
• Maximum Impervious Surface: 30%
• Maximum Lot Density: 4 dwelling units/gross acre (1 dwelling/lot)
• Front Yard Setback: 30 feet
• Rear Yard Setback: 10 feet
• Interior Lot Side Yard Setback:
(greater than 50’ in width) 10 feet/both sides;
(50’ or less in width) 5 feet on one side/8 feet on other side
• Corner Lot Side Yard Setback:
(greater than 50’ in width) 20 feet street side/10 feet interior side;
(50’ or less in width) 10 feet side street/ 5 feet interior side
• Waterside Yard Setback: 25 feet from the bulkhead;
(If no bulkhead exists, then use the imaginary line connecting the bulkheads on
adjacent properties; If there are no bulkheads on the adjacent properties, the
setback shall be 25 feet from the mean high tide line)
• Maximum Building Height: 55 feet
• Minimum Floor Area: 600 square feet per dwelling unit, per floor,
exclusive of uncovered stairs, porches, decks,
garages, and stoops.
§ 4.9.1.3 ACCESSORY BUILDINGS & STRUCTURES

See Article 5
§ 4.9.1.4 PARKING REQUIREMENTS

See Article 6
§ 4.9.1.5 SIGN REGULATIONS

See Article 9
§ 4.9.1.6 DEVELOPMENT PROCESS PROCEDURES

See Article 10

§ 4.9.2 R-2 - TWO-FAMILY RESIDENTIAL DISTRICT

A total of one (1) two-family dwelling (duplex) containing two (2) dwelling units and its
accessory building may hereafter be erected on any one (1) lot of record in the R-2 zoning
district.


1. Two Family Dwelling (Duplex)

2. Residential Lodging uses, see (*) on Table of Permitted Uses
3. Wharfs, piers, boat house, lifts, and boat docks as an accessory structure
4. Public utility and service structures including but not limited to water,
5. Home office

2. Home occupation

3. Gas Stations and Auto Repair establishments.


• Minimum Lot Width: Greater than 50 feet


• Maximum Lot Density: 7 dwelling units/gross acre
▪ (1 principal building/lot)
• Interior Lot Side Yard Setback: 5 feet
(greater than 50’ in width) 20 feet on street side/ 10 feet interior side
(50’ or less in width) 10 feet on street side/ 5 feet interior side
(If no bulkhead exists, then use the imaginary line connecting the bulkheads on
Exclusive of uncovered stairs, porches, decks,

See Article 5

See Article 6

See Article 9

See Article 10

§ 4.9.3 R-3 - MULTI-FAMILY RESIDENTIAL DISTRICT

More than one principal building and its accessory building may hereafter be erected on
anyone (1) lot of record in the R-3 District with a maximum allowance of six (6) dwelling
units per lot. Minimum building spacing between buildings on the same lot shall be in
accordance with the Town’s current adopted Building and Fire Codes.


1. Two Family Dwelling (Duplex)
2. Multi-Family Dwellings-Up to a 6-plex structure per lot; not to exceed a
maximum of six (6) dwelling units per structure per lot, see footnote g on
Table of Permitted Uses
3. Condominium Structure- Up to a 6-plex structure per lot; not to exceed a
maximum of six (6) dwelling units per structure per lot, see footnote g on
Table of Permitted Uses
4. Manufactured Homes
6. Group Home, see (*) on Table of Uses Permitted

2. Residential Lodging uses
3. Wharfs, piers, boat houses, lifts, and boat docks as an accessory structure
sewer, fire and police uses
5. Accessory Dwelling Unit, see (**) on Table of Uses Permitted
6. Home Office

2. Home occupation


• Minimum Lot Area:

(multi-family structures) 5,000 square feet (first unit) + 1,650 square
feet (each additional unit)
(two-family structures) 8,000 square feet
(non-residential structures) 5,000 square feet
(commercial use) TBD
• Maximum Lot Density: 25 dwelling units/gross acre
(more than 1 principal building/lot)
• Interior Lot Side Yard Setback: 10 feet
• Corner Lot Side Yard Setback: 20 feet street side/10 feet interior side
(If no bulkhead exists, then the imaginary line connecting the bulkheads on
• Minimum Open Space: 10% for all multi-family residential uses only
exclusive of uncovered stairs, porches, decks,

See Article 5

See Article 6

See Article 9

See Article 10

§ 4.9.4 RC - RESORT COMMERCIAL DISTRICT

Two (2) or more principal buildings per lot are allowed in the RC district provided the
density and height requirements of this Ordinance are met. Minimum building spacing
between buildings on the same lot shall be in accordance with the Town’s current adopted
Building and Fire Codes.

The following land uses and activities are allowed in the RC zoning district either by

1. Multi-Family Dwelling structures
3. Condominium Structures
4. Small Commercial uses
5. Large Commercial uses
6. Residential lodging uses
7. Commercial lodging uses

3. Marine and water-dependent uses, see footnote f on Table of Permitted
Uses
4. Wharfs, piers, boat houses, lifts, boat docks and boat launches.
6. Self-storage and/or mini warehouses
7. Mixed-use developments
8. Home office

1. Recreational-Active uses
2. Large-scale public and semi-public uses
3. Home occupation

building height for structures in the RC district unless otherwise noted, also see Article
• Minimum Lot Area:
(multi-family residential uses) 5,000 square feet (first unit)+ 1,650 square

(commercial uses) 5,000 square feet

(residential use of mixed-use) 40%
• Maximum Impervious Surface:
(multi-family residential use) 40%
• Maximum Lot Density:
(multi-family residential use only) 47 dwelling units/gross acre
• Front Yard Setback:
(multi-family residential use) 25 feet
• Rear Yard Setback:
• Interior Lot Side Yard Setback:
• Minimum Open Space: 10% (multi-family residential uses only)
Only applies to the residential portion of a
mixed-use development

See Article 5

See Article 6

See Article 9

See Article 10

§ 4.9.5 CB - CENTRAL BUSINESS DISTRICT

Two (2) or more principal buildings per lot are allowed in the CB district provided all lots
shall be of sufficient size to accommodate the intended use, including required parking and
loading facilities in addition to space required for the conduct of other operations of the
business, and to otherwise comply with the provisions of this Ordinance.

The following land uses and activities are allowed in the CB zoning district either by


1. Residential lodging uses
2. Commercial lodging uses
5. Home Office
6. Home Occupation
7 Public Utility and service structures including but not limited to water,

1. Assisted Living facilities
2. Telecommunication towers and facilities

building height for structures in the CB district unless otherwise noted, also see Article

• Maximum Impervious Surface: TBD

▪ Maximum Lot Density: TBD

▪ Front Yard Setback: TBD
▪ Rear Yard Setback: TBD
▪ Interior Side Yard Setback: TBD
▪ Corner Lot Side Yard Setback: 20 feet street side/TBD interior side
▪ Waterside Yard Setback: N/A
▪ Maximum Building Height: 55 feet
▪ Minimum Floor Area: 600 square feet per dwelling unit, per floor,

See Article 5

See Article 6

See Article 9

See Article 10

§ 4.9.6 CP - CONSERVATION PARK DISTRICT

Two (2) or more principal buildings per lot are allowed in the CP district provided all lots
shall be of sufficient size to accommodate the intended use, including required parking and
loading facilities in addition to space required for the conduct of other operations of the
business, and to otherwise comply with the provisions of this Ordinance.

The following land uses and activities are allowed in the CP zoning district either by

1. Accessory Buildings and/or Structures
3. Marine & Water Dependent uses, see footnote c on Table of Permitted Uses
4. Wharfs, piers, boat docks, and boat launches

1. Small-scale public and semi-public uses, see footnote a on Table of
Permitted Uses
3. Large-scale public and semi-public uses, see footnote b on Table of
Permitted Uses
4. Telecommunication Tower and Facilities

1. Residential uses
2. Commercial uses except those listed as uses permitted with Planning
Commission review and Special Exception
3. Industrial uses

building height for structures in the CP district unless otherwise noted, also see Article
▪ Minimum Lot Area: TBD

▪ Minimum Lot Width: TBD
▪ Maximum Lot Coverage: 20%
▪ Maximum Impervious Surface: 20%

▪ Maximum Lot Density: N/A

▪ Front Yard Setback: TBD
▪ Rear Yard Setback: TBD
▪ Interior Side Yard Setback: TBD
▪ Corner Lot Side Yard Setback: TBD
▪ Waterside Yard Setback: 25 feet from the bulkhead;
▪ Minimum Floor Area: N/A

See Article 6

See Article 9

See Article 10

§ 4.9.7 V - VILLAGE DISTRICT

A total of one (1) principal building and its accessory building may hereafter be erected on
any one (1) lot of record in the Village (V) district.

The following land uses and activities are allowed in the Village (V) zoning district either
by Right, with Planning Commission Review, or Special Exception. All permitted uses
are subject to the conditions specified in this Ordinance.

1. Single Family Dwellings

2. Residential Lodging uses
5. Large-scale public and semi-public uses, see footnote b on Table of
Permitted Uses
6. Home Office
8. Public utility

1. Home Occupations
2. Accessory Dwelling Unit, see (**) on Table of Permitted Uses

3. Gas Stations and auto repair establishments.

building height for structures in the Village (V) district unless otherwise noted, also see
Article 5 of this Ordinance.
▪ Minimum Lot Area: 5,000 square feet

▪ Minimum Lot Width: 50 feet

▪ Maximum Lot Width: 100 feet

▪ Maximum Lot Coverage:
▪ Maximum Impervious Surface: 40%
▪ Maximum Lot Density: 15 dwelling units/gross acre
▪ Front Yard Setback: 20 feet
▪ Rear Yard Setback: 5 feet
▪ Interior Lot Side Yard Setback:
(greater than 50 feet in width) 10 feet both side yards
(50 feet or less in width) 8 feet (one side)/5 feet (other side)
▪ Corner Lot Side Yard Setback: 20 feet on street side/5 feet interior side
▪ Waterside Yard Setback: N/A
▪ Minimum Floor Area: A minimum of 600 SF of floor area is required
for any residential structure per floor or the residential portion of a mixed-use
structure located on any lot in the Village (V) district. All buildings located on any
lot within the Village district shall not exceed a maximum floor area of 1,500
square feet per floor. This requirement is exclusive of uncovered stairs, porches,
decks, and stoops.

See Article 5

See Article 6

See Article 9

See Article 10

§ 4.9.8 WW - WORKING WATERFRONT DISTRICT

Two (2) or more principal buildings per lot are allowed in the WW district provided the
density and height requirements of this Ordinance are met. Minimum building spacing

The following land uses and activities are allowed in the WW zoning district either by

4. Marine and Water-Dependent uses
6. Mixed-use developments, see footnote (d) on Table of Permitted Uses

1. Multi-Family Dwelling Structures, see footnote (d) on Table of Permitted
Uses 2. Condominium Structures, see footnote (d) on Table of Permitted
Uses
3. Recreational-Active uses, see footnote (d) on Table of Permitted Uses
6. Residential Lodging uses, see footnote (d) on Table of Permitted Uses
7. Commercial lodging uses, see footnote (d) on Table of Permitted Uses
8. Wharfs, piers, lifts, and boat docks as an accessory structure.
9. Home Office

1. Accessory Dwelling Unit, see (**) on Table of Permitted Uses
2. Telecommunication Tower and Facilities
3. Home Occupation

1. Industrial uses that exceed 2,500 square feet in area, create excessive
noise, fumes, dust, debris, or traffic, or are not compatible with the
surrounding area.
2. Any use that disrupts the visual accessibility of the waterfront


result in an unreasonable increase in traffic, noise, or lighting that disrupts
residential quality of life.
4. Campgrounds and RV Parks

building height for structures in the Working Waterfront (WW) district unless
otherwise noted, also see Article 5 of this Ordinance.
▪ Minimum Lot Area:

(multi-family structures) 5,000 square feet (first unit) + 1,650 square
(commercial structures) 5,000 square feet
▪ Minimum Lot Width: 50 feet
▪ Maximum Lot Coverage:
▪ Maximum Impervious Surface:
(multi-family residential uses) 30%
(commercial uses) TBD
▪ Maximum Lot Density:
(multi-family residential uses) 15 dwelling units/gross acre
(commercial uses) N/A
▪ Front Yard Setback:
(multi-family residential uses) 25 feet
▪ Rear Yard Setback:
▪ Interior Side Yard Setback:
▪ Corner Lot Side Yard Setback:
(multi-family residential uses) 20 feet street side/10 ft. interior side
▪ Waterside Yard Setback: 25 feet
▪ Minimum Open Space: 10% for all multi-family residential uses only
▪ Minimum Floor Area: 600 square feet per dwelling unit, per floor,
▪ Minimum Wetland Buffer: 30 feet


See Article 5

See Article 6

See Article 9

See Article 10

SECTION 4.10 ZONING DISTRICTS MAP

FIGURE 4.1: PROPOSED ZONING DISTRICTS MAP

SECTION 4.11 OVERLAY DISTRICTS PERFORMANCE STANDARDS

Regulations governing development in an overlay zoning district shall apply in addition to
regulations governing development in the underlying base zoning district. If the standards
governing an overlay zoning district expressly conflict with those governing an underlying base
zoning district, the standards governing the overlay zoning district shall control. The uses which
are permitted in the overlay zone will be the same as the uses permitted in the underlying base
zoning district.
§ 4.11.1 BSO BIENVILLE BOULEVARD SOUTH OVERLAY

This Overlay District is intended to provide flexibility for yard setbacks on through lots
located on the West End of the Island, south of Bienville Boulevard and north of the Gulf
of Mexico.
A. General
The BSO is established to serve as an overlay to the established base zoning district
of the R-1 Single-Family Residential Zoning District. The provisions of the base
zoning district shall apply to all the development within the overlay boundary. This
overlay is located on the “waterside through lots” south of Bienville Boulevard and
abutting the north boundary line of West Surf Beach, see Figure 4.2. A map of the
BSO boundary is included on the Official Zoning Map of the Town of Dauphin Island,
located in the Zoning Ordinance and at Town Hall.
B. Purpose
The Bienville Boulevard South Overlay (BSO) is needed due to the dynamic
conditions that exists on Dauphin Island. It is focused on the adjustment of setback
requirements because of fluctuating shoreline conditions. It sets the development
standards for parcels on the west end of the Island, south of Bienville Boulevard,
and north of the Gulf of Mexico that are eroding due to natural and manmade
occurrences. The purpose of this overlay zone is to provide relief from the required
yard setback in the R-1 Zoning District, allowing the setback to be determined on a
case-by-case basis, based on the orientation of the principal structure and other
natural features of the land.
C. Site Standards
The setback on impacted properties can be adjusted from the northern most
property line to be not less than 10 feet from the south right of way line of Bienville
Boulevard.
D. Application Review Procedure

All applications for new construction or alterations within the Bienville Boulevard
South Overlay District require Site Plan review by the Dauphin Island Planning
Commission before a building permit can be issued.

FIGURE 4.2: BIENVILLE SOUTH OVERLAY DISTRICT MAP

§ 4.11.2 DPOD DUNE PROTECTION OVERLAY DISTRICT

The Dune Protection Overlay District (DPOD) is established to provide effective and
reasonable regulations that will offer guidelines for proper development and management
of the sand dunes on Dauphin Island. These regulations are intended to ensure the
protection of the barrier island’s dune systems and beaches, which in turn helps prevent
loss of life and property during storms and safeguards the supply of sand that slows
shoreline erosion. See Article 7 of this Ordinance for requirements and permitting process
for any construction within the Dune Protection Overlay District
A. General
The Dune Protection Overlay District (DPOD) serves as an overlay to the established
base zoning districts which are classified as Single-Family Residential Zoning District
(R-1),Two-Family Residential Zoning District (R-2), Multi-Family Residential oning
District (R-3), Resort Commercial District (RC), and the Conservation Park District
(CP). The provisions of the base zoning districts shall apply to all developments
within the overlay boundary in addition to the requirements of the DPOD
specifically. See Figure 4.3 for the location of the dune protection boundary area.
A map of the DPOD boundary is included on the Official Zoning Map of the Town of
Dauphin Island, located at Town Hall and in the Town of Dauphin Island Zoning
Ordinance.
B. Purpose
The purpose of the DPOD is to develop regulations and policies that address dune
protection and management that are both beneficial and effective in protecting
the Island’s dune system while also allowing property owners the opportunity to
use, develop, and maintain their land as they intend. It is the intent of these
regulations to permit reasonable use and repair of the dune systems or resources,
consistent with sound sand dune conservation practices.
The increasing growth of Dauphin Island and recreational uses of the barrier islands
beaches and natural resources will impact the stability of the dune ecosystem.
Construction and Large recreational use of the beaches can contribute to
fragmentation of the beach and dune systems that lead to the deterioration of the
sand dunes. The vegetation that secures sand is destroyed, sand is lost, and the
dune line is breached by roads, trails, and stormwater runoff. Dune damage that
results from human activities accelerates the damage caused by nature’s wind and
wave erosion, leaving the Island and the residents vulnerable.
C. Uses Allowed with Planning Commission Review

All uses allowed in the underlying zoning districts encompassed within the Dune
Protection Overlay District (DPOD), which are classified as Uses Permitted by Right,
Uses Requiring Planning Commission Review, or Special Exceptions, are allowable
uses in the DPOD. All applications for construction or alterations within the DPOD
require Site Plan review by the DPOD Site Plan Review Committee (SPRC) and the

Dauphin Island Planning Commission before a building permit can be issued. See
Article 10 of this Ordinance.
D. Uses Prohibited
Any use or activity that impairs the natural function of the dune system or has the
potential to cause significant adverse long-term impacts to the natural function of
the dune system is prohibited, including the following. All prohibited activities are
subject to the fines and penalties set forth in this Ordinance. See Article 10 of this
Ordinance.
E. Site Plan Review and Development Process

In general, development within the Dune Protection Overlay District (DPOD) will
use the same application and permits process that applies to all zoning districts of
Dauphin Island. Additional requirements which are specific to the DPOD are
primarily focused on ensuring no degradation to the dune system or contour
occurs. Toward this end there are more specific documentation requirements that
must be demonstrated on the Site Plan, and additional requirements such as an
erosion control plan, when applicable. A detailed process description and all
deliverables are included in Article 10 and Appendix B of this Ordinance.
F. Minimum Yard Setback Requirements

The minimum setback requirement for the underlying zoning district will apply
provided they do not encroach into the required setback of the dune or
compromise the integrity of the dune system in any way. The DPOD Site Plan
Review Committee shall conduct a site visit to the property to establish the proper
and appropriate setbacks in relation to the dune and other land features which are
naturally occurring on the property. The DPOD SPRC and the Planning Commission
shall approve the precise site and location of any structure. Such approval shall be
based upon the location of the structure with regard to the topography of the area
taking into consideration the height of dunes, location of large trees and similar
considerations. Approval shall be determined after reasonable opportunity is
afforded the owner of the property to recommend the precise site and location of
any structure. See Article 10 of this Ordinance.
G. Permitting and Building Requirements

• A Town of Town of Dauphin Island Coastal Use Permit has been established to
protect the valuable beach and dune resources from adverse impacts
associated with construction and other activities. After review and approval by
the ARC and Planning Commission, a Town of Dauphin Island Coastal Use Permit
shall be issued by the Building Official, and the permit fee required by this
Ordinance shall be paid by the applicant before any new construction can begin
or any modifications, alterations, extensions, or expansions can begin on an
existing structure.

• Development will generally be prohibited on dunes, except in cases for which

there are no practicable or feasible alternatives. Need review
• All construction must incorporate ‘Best Management Practices’ (BMPs), as
required in Article 7 of this Ordinance. The structure and access to the
structure must be in accordance with site plans and certifications prepared and
sealed by a registered, certified Professional Engineer licensed in the State of
Alabama. **A signed statement of Best Management Practices used in design
and construction plans by a Professional Engineer and/or Architect licensed in
the State of Alabama must accompany the Site Plan. Site plans and
certifications for any proposed structures must meet all local, state and federal
regulatory agency guidelines and procedures. See Article 10 of this Ordinance.
H. Lighting
A. Residential Buildings
All external lighting shall be appropriate and not exceed that which is normally
found in residential areas. All external lighting that negatively impacts adjacent
residential lots or areas shall be prohibited. Lots bordering or near the beach
may not shed light onto the beach area if efforts to protect sea turtle nesting
and hatching occurrences that take place on the Island’s beaches. “Turtle
friendly” lighting is strongly encouraged, see Article 3: General Provisions for a
map indicating the area where turtle lighting requirements are enforced.
B. Commercial Buildings
a. Exterior lighting shall be complimentary to the district, compatible with
the architectural design of the building, and enhance landscaping and
public safety. Excessive brightness shall be avoided.
b. Exterior lighting shall be shielded at its source to prevent glare and
adverse illumination of adjacent properties, public areas, and streets.
c. If off-street parking is required, parking areas shall have appropriate
lighting that is complimentary to the district to permit safe pedestrian
travel.
d. Commercial buildings shall comply with the Turtle Lighting
requirements set forth in this Ordinance.

FIGURE 4.3: DUNE PROTECTION OVERLAY DISTRICT MAP

§ 4.11.3 ABOD ALOE BAY OVERLAY DISTRICT

A. General
The ABOD is established to serve as an overlay to the established base zoning
district of the Working Waterfront (WW) Zoning District. The provisions of the base
zoning district shall apply to all the development within the overlay boundary. This
overlay is located on the parcels adjacent to Aloe By, see map in Figure 4.4 for the
location of the ABOD boundary. A map of the ABOD boundary is included on the
Official Zoning Map of the Town of Dauphin Island, located in the Zoning Ordinance
and at Town Hall.
B. Purpose
The purpose of the Aloe Bay Overlay District (ABOD) is to develop a “town center”
that includes the planning and implementation of a mixed-use district with public
facilities to enhance economic, tourism, and residential opportunities for the Town
of Dauphin Island. The intent of the Aloe Bay Overlay District is to create a sense
of place that reflects the unique character of Dauphin Island. To achieve this goal,
specific use criteria and design elements are required in the overlay boundaries,
which are in addition to the base zoning requirements of the Working Waterfront
to ensure that distinctive design features are installed to create a unique civic
identity that is exclusive only to the Island community.
C. Site Standards
Additional development standards are required for all applications in the ABOD and
include some of the following:
• waterfront view protection standards
• public assembly areas
• public accessibility to the waterfront
• pedestrian connectivity throughout this area of town
Furthermore, Low Impact Development (LID) standards are required for all
construction in the ABOD to ensure sensitive habitats are protected due to the
district’s close proximity to Aloe Bay. See Article 7 of this Ordinance for additional
design guidelines, construction requirements, and permits for all construction
within the Aloe Bay Overlay District, currently in development.

All applications for new construction or changes to existing structures within the
ABOD require Site Plan review by the Dauphin Island Planning Commission before
a building permit can be issued.

FIGURE 4.4: ALOE BAY OVERLAY DISTRICT MAP

§ 4.11.4 WPOD WETLAND PROTECTION OVERLAY DISTRICT

Wetlands with their natural functions serve multiple purposes and provide numerous
benefits in protecting the environment and its inhabitants. They provide valuable habitat
for plant and animal communities, and they serve as a natural filter for water flowing into
water bodies and groundwater. They also act as a buffer during storm events, helping to
soak up heavy precipitation or rising water levels to prevent flooding and erosion.
A wetland is an ecosystem within itself, which is characterized by the presence of water
and which supports an array of unique plant and animal life. Some wetlands may be
saturated during certain times of the year while others may be saturated permanently.
Because wetlands are an ecosystem, they play an essential role in the health and
protection of the environment.
A. General
Wetlands serve a critical purpose and they exist for a particular reason. When a
wetland is harmed or destroyed due to man-made events or natural storm
occurrences, it compromises the stability of the entire island. Storms and other
natural weather events cannot be controlled, but man-made disturbances can in
order to ensure the protection and resiliency of the island moving forward. If
improper development practices are left unmanaged overtime, this will eventually
have a detrimental impact on every piece of property on Dauphin Island. Due to
the increasing development occurring on the Island, Town leaders recently
adopted a map and associated study titled SENSITIVE HABITAT PROTECTION AND
MANAGEMENT PLAN that identifies the lots on Dauphin Island that have known or
suspected wetlands existing on them. These lots are identified on the Town of
Dauphin Island zoning map in the Wetland Protection Overlay District (WPOD), see
Figure 4.5. Town leaders and property owners alike recognize the need for wetland
protection measures to ensure the value and sustainability of all properties on
Dauphin Island remain and increase.
B. Purpose
The purpose and function of the Wetland Protection Overlay District (WPOD) is to
identify the parcels on Dauphin Island that have wetlands existing currently, or may
have wetlands occurring on the property. The provisions required in the WPOD
ensure that the integrity and functional values of the Island’s sensitive habitats are
not compromised by anthropogenic alterations, and implement protective
measures that are required when building near a wetland. This overlay identifies
Island properties containing wetlands and potential wetlands, which may require
additional construction standards on said properties to ensure compliance with
Town of Dauphin Island Wetland Ordinance in addition to federal and state
regulations. These measures include avoidance and minimization of wetland
impacts from construction and development, and aids in the enforcement of the
Town’s ordinances.

C. Site Standards
Properties within the WPOD can be developed but may require additional
development standards that ensure the wetlands are either completely
undisturbed or disturbed at the most minimal amount possible. Wetlands are
locally regulated by the Town of Dauphin Island Wetland Protection Ordinance
(Ordinance No. 85A), which is an appendix to this Ordinance, and federally
regulated under Section 404 of the Clean Water Act.
Whenever construction activities are proposed on or near a wetland, a Permit is

required from the Town of Dauphin Island in compliance with the Wetlands
Ordinance, and a permit from the U.S. Army Corps of Engineers may be required as
well, depending on the proposed activities. See Article 7 of this Ordinance for
additional construction requirements and permitting process for any construction
within the Wetland Protection Overlay District as well as the Town of Dauphin
Island Wetland Ordinance.

WPOD require Site Plan review by the Dauphin Island Building Official’s Office and
may require additional review by the Planning Commission before a building permit
can be issued.

FIGURE 4.5: WETLAND PROTECTION OVERLAY DISTRICT MAP

§ 4.11.5 SFHOD SPECIAL FLOOD HAZARD OVERLAY DISTRICT

A. General
The Special Flood Hazard Area (SFHA) is defined by the Federal Emergency
Management Agency (FEMA) as the land in the flood plain within a community
subject to a 1% or greater chance of flooding in any given year. The Special Flood
Hazard Areas on Dauphin Island have been identified by FEMA through a Flood
Insurance Study (FIS). The most recent Flood Insurance Rate Maps (FIRMs) identify
three (3) specific flood zones currently classified on Dauphin Island which are
classified as flood zones AE, VE, and X. Flood zones AE and VE are identified on the
Town’s zoning map as the Special Flood Hazard Overlay District (SFHOD), see map
in Figure 4.6 below.
These flood hazard areas are subject to periodic inundation which can result in loss
of life and property, health and safety hazards, disruption of commerce and
governmental services, extraordinary public expenditures for flood relief and
protection, and impairment of the tax base, all of which adversely affect the public
health, safety and general welfare. These flood losses are caused by structures
being located in flood hazard areas that are vulnerable to floods due to being
inadequately elevated, flood proofed, or otherwise unprotected from flood
damages, and by the cumulative effect of obstructions in floodplains causing
increases in flood heights and velocities.
B. Purpose
The purpose of the Special Flood Hazard Overlay District (SFHOD) is to identify
parcels that are in the SFHA per FEMA Flood Insurance Rate Maps (FIRMs).
Properties located in flood zones VE or AE require additional higher construction
standards per Town of Dauphin Island Flood Damage Prevention Ordinance No.
55A in addition to the zoning requirements set forth in the underlying base zoning
district, to reduce and prevent flood damage to personal property. Properties
located in flood zone X do not require the higher construction standards.
C. Site Standards
Most construction activities within a regulated floodway or floodplain require
coordination with the Town’s designated Floodplain Administrator and are
required to adhere to the higher construction standards listed in the Town of
Dauphin Island Flood Prevention Ordinance No. 55A. These activities include new
building construction, existing building expansion, clearing land, placing fill, grading
land, mining, dredging, drilling, placement of mobile homes, and more. Properties
located in flood area AE or VE require additional construction standards per Town
of Dauphin Island Flood Damage Prevention Ordinance No. 55A to reduce and
prevent flood damage to personal property. Properties classified as Flood Zone X
are considered areas of minimal flood hazard, which are the areas outside the SFHA
and are located in areas higher than the elevation of the 0.2 percent annual chance
(or 500-year flood). See Article 7 of this Ordinance for more information on the

permitting process for any construction or land disturbing activities within the
SFHOD.

SFHOD require Site Plan review by the Dauphin Island Building Official’s Office and
may require the additional review of the Planning Commission before a building
permit can be issued. Additionally, the SFHA is the area where the National Flood
Insurance Program's (NFIPs) floodplain management regulations must be enforced
and the area where the mandatory purchase of flood insurance may apply. These
management regulations are listed in the Town of Dauphin Island’s Flood Damage
Prevention Ordinance No. 55A. The Town of Dauphin Island is a member of the
NFIP in order to be able to provide flood insurance to properties within the
corporate limits. NFIP membership requires the Town to adopt a Flood Damage
Prevention Ordinance and adhere to the additional construction standards
required in the Ordinance when building in the SFHA. The Town is a member of
the NFIP’s Community Rating System (CRS) as well in efforts to reduce flood
insurance premiums for the residents of Dauphin Island. Each year, the Town is
evaluated to ensure the Town is adhering to the requirements mandated by the
NFIP in order to remain in good standing with the program and possibly qualify for
larger discounts on flood insurance premiums.

FIGURE 4.6: SPECIAL FLOOD HAZARD OVERLAY DISTRICT MAP

§ 4.11.5 STVROD SHORT-TERM VACATION RENTAL OVERLAY DISTRICT

A. General
It is the desire of the Town officials and leaders to offer the residents of the Island
the option of using their properties for temporary lodging purposes if so desired,
providing all applicable regulations are met. It is as equally important to Town
officials and leaders that the quality of life of full-time residents of Dauphin Island
is not disrupted or disturbed in any way due to the creation of temporary lodging
accommodations in the residential neighborhoods of the Island. Long-term
vacation rentals will continue to be permitted in all zoning districts on Dauphin
Island, with the exception of the Conservation Park (CP) zoning district. Short-term
vacation rentals are permitted within the Short-Term Vacation Rental Overlay
District (STVROD), see map in Figure 4.7 of this Ordinance for the identification of
the overlay boundary.
B. Purpose
It is the purpose and intent of this overlay district to protect the permanent
residents and their quality of life and property values and to implement rationally
based, reasonably tailored regulations to ensure the integrity and residential
atmosphere of the neighborhoods are protected; to allow homeowner’s the
opportunity to use their property for temporary and seasonal accommodations to
transient guests; and to monitor and provide reasonable means for citizens to
mitigate impacts created by occupancy of short-term units. Properties located
within the STVROD boundary are identified on the Town’s zoning map as well as
the Short-Term Vacation Rental Overlay District (STVROD), see map in Figure 4.7
below.
C. Site Standards
Short or long-term rental units must be properly maintained and regularly
inspected by the owner and/or agent to ensure continued compliance with
applicable zoning, building, health and life safety code provisions.
A legible copy of the short or long-term rental unit license shall be posted within
the unit and include all of the following information:
• The name, address, telephone number and email address of the short or
long-term rental agent:
• The name, address, telephone number and email address of the local
emergency contact;
• The Business Tax License Number;
• The maximum occupancy of the unit;
• The maximum number of vehicles that may be parked at the unit;
• Fire & Police phone numbers
See Article 8 of this Ordinance for more information on the permitting process for
any properties located within the STVROD.


All applications for new Residential Rental Permits or renewal applications require
review by the Dauphin Island Building Official’s Office and may require the
additional review of the Planning Commission before a permit can be issued.

FIGURE 4.7: SHORT-TERM VACATION RENTAL OVERLAY DISTRICT MAP

THIS PAGE INTENTIONLLY LEFT BLANK

ARTICLE 5
Lot & Yard Standards with Required Dimensions
§ 5.1 GENERAL REQUIREMENTS FOR RECORDED LOTS OF RECORD

§ 5.2 BUILDINGS PER LOT (ONE PRINCIPAL BUILDING PER LOT)
§ 5.3 ACCESS TO LOTS
§ 5.4 LOT COVERAGE & DIMENSIONAL REQUIREMENTS
§ 5.5 YARD REQUIREMENTS
§ 5.6 MINIMUM REQUIRED YARD SETBACKS
§ 5.7 ALLOWABLE YARD ENCROACHMENTS & PROJECTIONS
§ 5.8 PERFORMANCE STANDARDS FOR NONRESIDENTIAL DISTRICTS
§ 5.9 ACCESSORY BUILDINGS
§ 5.10 SWIMMING POOLS & SPAS
§ 5.11 FENCING REQUIRMENTS
SECTION 5.1 GENERAL REQUIREMENTS FOR RECORDED LOTS OF RECORD
§ 5.1.1 LOT SIZE

• All newly created lots must be a minimum of five thousand (5,000) square feet with a
minimum lot width of fifty (50) feet.
• No lot of record shall be reduced in size so that the lot’s dimensional requirements of this
Ordinance are not maintained.
• No lot shall be re-subdivided into, nor shall any dwelling be erected or placed on any lot
having an area and frontage of less than the smallest lot on the street on the block in which
it is located as per recorded plat.
§ 5.1.2 USE OF NON-CONFORMING LOT OF RECORD
Where the owner of an existing Lot of Record or the successor to the title thereto, does not
own sufficient land to enable him to conform to the dimensional requirements of this
Ordinance, the Lot of Record may nonetheless be allowed to be used as a building site, without
meeting the minimum lot area and lot width requirements, provided that:
• The use is permitted in the zoning district;
• The lot has been in separate ownership from abutting lands at all times since it became
non-conforming;
• The lot was created compliant with official controls in effect at that time; and
• The setback requirements of this Ordinance are met.

Article 5 | Lot & Yard Standards with Required Dimensions
§ 5.1.2.1 Substandard Lots of Record

When two (2) or more adjoining and vacant lots with continuous frontage are in a single
ownership at the time of application and such lots have a frontage or lot area less than is
required by the use district in which they are located, the lots shall not be considered as
separate parcels of land for the purposes of sale or development. Such lots shall be platted
or re-parceled so as to create one or more lots which conform to the minimum frontage
and area requirements of the use district.
§ 5.1.3 STORAGE ALLOWANCES ON UNDEVELOPED AND/OR DEVELOPED PROPERTY
• On undeveloped lots of record in all zoning districts where no principal structure exists on
the property, but a boat dock(s) and/or pier(s) exists, the storage of a boat(s) and/or boat
trailer(s), and vehicles shall not be allowed on the land portion of the lot.
• On undeveloped lots with a residential use that are located in the R-1, R-2, and R-3 zoning
districts, upon which a building permit has been issued for a primary structure, one (1) pier,
wharf, bulkhead, seawall, boat dock, boat lift, etc. and other similar structure may be
constructed on an undeveloped lot before a primary residential dwelling structure is built,
provided there will be no boat, vehicle, or trailer storage on the land portion of the lot prior
to completion of the primary structure. A maximum of two (2) boats may be stored at the
pier, wharf, bulkhead, seawall, boat dock, boat lift, etc. and other similar structure.
• On developed lots with a residential use that are located in the R-1, R-2, and R-3 zoning
district, a cumulative maximum of three (3) boats may be stored at the pier, wharf, bulkhead,
seawall, boat dock, boat lift, etc. or on land.
SECTION 5.2 BUILDINGS PER LOT (ONE PRINCIPAL BUILDING PER LOT)
In the specific zoning districts listed below which permit residential uses, the following regulations
shall apply regarding the number of principal buildings permitted per one lot of record. In the R-
1, R-2 and Village districts, there shall be a total of one (1) principal building on any one (1) lot of
record. In all other zoning districts that allow residential uses and all other non-residential zoning
districts, more than one principal building is permitted on any one (1) lot of record providing the
district setback standards are met and spacing between buildings on the same lot are in
compliance with the Town’s current adopted Building and Fire Codes.
• Single Family (R-1) and Two-Family (R-2) Zoning Districts:
A total of one (1) principal building and two (2) accessory building may hereafter be erected
on any one (1) lot of record in an R-1 or R-2 District.
• Village (V) Zoning District:
A total of one (1) principal building and two (2) accessory building may hereafter be erected
on any one (1) lot of record in the Village (V) district.
• Multi-Family (R-3) Zoning District:
Two or more principal buildings and two (2) accessory building may hereafter be erected
on any one (1) lot of record in the R-3 District with a maximum allowance of six (6) dwelling
units per lot. Minimum building spacing between buildings on the same lot shall be in
accordance with the Town’s current adopted Building and Fire Codes.

• Resort Commercial (RC) and Working Waterfront (WW) Districts:

Two or more principal buildings per lot are allowed in the RC and WW districts provided
the density and height requirements of this Ordinance are met. Minimum building spacing
SECTION 5.3 ACCESS TO LOTS

Access to public streets shall be maintained in accordance with the following requirements:
§ 5.3.1 LOT FRONTAGE
The length of all the property on the lot that fronts the street and is measured at the street
right-of-way line. On corner lots, each side of the lot abutting the street is considered the
frontage. Each lot shall provide a minimum lot frontage of 60 feet in width unless the zoning
district in which the property is located dictates otherwise.
§ 5.3.2 LOT ACCESS
Each lot of record or newly created lot shall provide access to the lot by a paved public or
private street having a right-of-way of not less than fifty (50) feet, except where existing public
rights-of-way are less than fifty (50) feet.
SECTION 5.4 LOT COVERAGE & DIMENSIONAL REQUIREMENTS

Total lot area is defined as the total area within the lot lines of a lot excluding any area within
existing or proposed public street rights-of-way or private street easements. Total lot area
determines the minimum amount of land required for various building types. It’s calculated by
multiplying the length of a lot by the width of a lot and is measured in square feet from the
property lines. Submerged lands shall not be counted towards minimum lot area or density
calculations. Section 4.9 of Article 4 of this Ordinance provides a list of additional lot dimensional
requirements for each zoning district.
§ 5.4.1 MINIMUM LOT WIDTH
The Town of Dauphin Island Subdivision Regulations require that any newly created lot must
be a minimum of five thousand (5,000) square feet in total lot area with a minimum fifty
(50) foot lot width. Each zoning district within the corporate limits of the Town has lot area
and width requirements specific to the district. Developments and/or subdivisions must
meet the minimum lot requirements that apply to the zoning district in which the property
is located.
§ 5.4.2 BUILDABLE AREA OF A LOT

The buildable area of a lot is the portion of the lot located within the building setback lines,
which is determined by the required setback dimension of the zoning district in which the lot
is located. The size of the buildable area of a lot will differ from that of another lot because it
is based on the total lot size of said lot and the amount of required yard space, or setback
space the zoning district requires. Other factors that determine the size of the buildable space
are land features naturally occurring on the lot such as dunes, waterways or wetlands. In

order to determine the amount of buildable area on any particular lot, the minimum required
setbacks must first be subtracted from the total lot area in addition to any natural land
features occupying the lot as well as any protective buffers that may be required to preserve
natural resources according to Federal, State, and Local regulations.
§ 5.4.3 LOT COVERAGE AND/OR BUILDING COVERAGE ALLOWANCES OF A LOT

Lot coverage, also referred to as building coverage, is essentially the total square footage of
all covered structures occupying a lot from a bird’s eye view. The building footprint is
essentially the perimeter of the lot coverage area.
Lot coverage is defined as the amount of land occupied by the footprint of the principal
building on the lot and the footprint of all other structures on the lot that are covered by an
impervious surface, which is any hard surface that is not permeable and does not absorb rain
water. Lot coverage is expressed as a percent and is determined by dividing the total area of
all the building footprints by the gross area of the lot. Examples of impervious surfaces are
houses with roof tops, garages, sheds, accessory buildings, gazebos, paved driveways, paved
parking spaces, covered porches, concrete patios and walkways, and asphalt. Any paved or
concrete surface, or covered/roofed structure that rainwater runs off of is considered an
impervious surface and counts as part of the lot coverage percentage.
§ 5.4.3.1 MAXIMUM LOT COVERAGE

Each residential lot has a maximum lot coverage allowance, expressed as a percentage,
which represents the maximum percent of impervious surface allowed on a particular lot
where a residential use is occurring. Maximum lot coverage is computed as the total
amount of impervious surface on the lot divided by the total lot area. This percentage is
important in the development process because it calculates the intensity of a use on a lot
for development. The Town of Dauphin Island is committed to protecting the health and
safety of all residents and ensuring property values are not compromised due to improper
development. The maximum amount of lot coverage for all lots in all zoning districts is
identified in the Lot Standards Table 5.1 in § 5.4.5 of this Ordinance.
In order to understand why this standard is necessary, it’s important to know what an
impervious surface is exactly. Essentially, an impervious surface is any hard surface area
that doesn’t allow water to seep into the ground or greatly reduces the amount of water
that soaks into the ground, such as asphalt and concrete. Instead, the rain water runs off
the impervious surface, picking up many types of pollutants in the process, and then flows
into a storm drainage system or a nearby body of water. Impervious surfaces are the single
most important factor affecting the amount of water flowing off a property, how quickly
that water will flow, and the amount of pollution that will be picked up and carried with
that water into the nearest water body. Large amounts of impervious surfaces can have a
negative impact on water quality and change the water cycle. Research has shown that as
the amount of impervious surface in an area increases, the amount of polluted runoff also
increases. The most common examples of impervious surfaces on Dauphin Island are roof
tops, covered decks, patios, and porches, roads, driveways, sidewalks, and paved parking

lots. These protective measures are necessary to ensure that over development of hard
surfaces on a property does not occur, which if not required, could potentially compromise
the stability of the barrier Island, putting all properties at risk. Additionally, these critical
standards will ensure proper stormwater management methods are implemented island-
wide, which will help reduce the threats of flooding from excessive stormwater runoff.
To calculate the percentage of lot coverage that is covered by hard surfaces, divide the
total building footprint square footage of all hard surface-covered structures on a lot by
the total lot area and multiply by 100.
e.g. The total building footprint area is 1,000 sq. ft. on a lot that has a
total area of 6,000 square feet. (1,000sq.ft./6000sq.ft. * 100 = 17%. (The
maximum amount of lot coverage for all residential lots is 30-40%).
§ 5.4.4 MAXIMUM LOT DENSITY

For the purposes of this Ordinance, density is defined as the number of dwelling units per gross
acre of land. To determine the number of dwelling units allowed per lot, use the density equation
by dividing the square footage of the lot by the square footage of an acre (43,560) and multiply
by the maximum density factor (see definitions) for the zoning district in which the lot is located.
• Density Equation:
sq.ft. of lot ÷ sq.ft. of acre = acreage of lot X max. density factor (see table) = maximum #
of dwelling units/lot (do not round up).
• For example:
A developer wants to build a 4-plex multi-family structure on a 10,000 square foot lot in the
R-3 zoning district. Use the density equation and the maximum density factor on the Lot
Standards Table below to determine the maximum number of dwelling units that are
permitted on a 10,000 square foot lot.
10,000 ÷ 43,560 X 25 = 5.74 or 5 dwelling units per lot (do not round up)
OR
If the developer does not have a lot and needs to determine how much land area is needed
for the proposed development, using the same example as the above and the Lot Standards
Table below, multiply the required minimum square footage of the lot area as required by
the zoning district by the desired number of dwelling units requested to build. (If the
developer already has a lot, this total can’t exceed the total square footage of the lot).
The Lot Standards Table below states that the minimum lot size for a multi-family
structure in the R-3 zoning district must be a minimum of 5,000 square feet for 1
dwelling unit, plus an additional 1,650 square feet for each additional dwelling unit.
Use the equation in the example below to determine if this scenario will work.
4 dwelling units on a 10,000 square foot lot:

5,000 (1st dwelling unit) + [3 (ea. add. dwelling unit) x 1,650 = 4,950] = 9,950 SF

This means the lot must be a minimum size of 9,950 square feet. Since the size of the
lot in this example is 10,000 square feet, and 9,950 does not exceed 10,000, the 4-plex
multi-family structure meets the lot size requirement and can be allowed.
If the developer needs additional land for a larger proposed development, they must first
acquire adjacent land and re-subdivide the lots to create a new lot large enough to
accommodate the larger proposed development.

§ 5.4.5 LOT STANDARDS TABLE

Use the Table below to determine the minimum and/or maximum dimension requirements for each lot in every zoning district.
Submerged lands shall not be counted towards minimum lot area or density calculations.
TABLE 5.1: MINIMUM LOT AREA REQUIRED FOR ZONING DISTRICTS

ZONING DISTRICT R-1 R-2 R-3 RC V WW CB CP
Type of Structure
• Single-Family Structure 5,000 SF 8,000 SF N/A N/A 5,000 SF N/A N/A N/A
• 2-Family (Duplex) Structure N/A 8,000 SF 8,000 SF N/A N/A N/A N/A N/A
• Multi-Family Structure N/A N/A 5,000 SF (first unit) + 5,000 SF (first unit) + N/A 5,000 SF (first N/A N/A
1,650 SF each 1,650 SF (each unit) + 1,650 SF
additional unit1) additional unit) (each additional
unit)
• Non-residential structure N/A N/A 5,000 SF 5,000 SF 5,000 SF 5,000 SF 5,000 SF TBD
2 2 2 2 2
Minimum Floor Area/dwelling unit 600 SF 600 SF 600 SF 600 SF 600 SF / 600 SF 600 SF N/A
1,500 SF3
Minimum Lot Width (ft.) 50 ft. 51 ft. 60 ft. 50 ft. 50 ft. 50 ft. 50 ft. TBD
Max.100 ft.4
Maximum Lot Coverage (%)5 30%/TBD 30%/TBD 40%/TBD 40%/TBD 40%/TBD 30%/TBD 40%/TBD TBD
Maximum Density 4 7 25 47 15 15 N/A N/A

(dwelling units/gross acre- see definition)
Maximum Building Height (ft.)6 55ft. 55 ft. 55 ft. 85 ft. 55 ft. 55 ft. 55 ft. 55 Ft.
1
A maximum of six (6) dwelling units per lot are permitted in the R-3 district
2
A minimum of 600 SF of floor area per floor is required for any residential structure in all zoning districts or the residential portion of a mixed-use
development located on any lot in zoning districts where mixed-use developments are permitted (RC, CB, V, WW)
3
All commercial uses located on any lot within the Village district only shall not exceed a maximum floor area of 1,500 SF per floor
4
The maximum lot width permitted for any lot located in the Village district shall not exceed one hundred (100) feet in width
5
Applies to residential uses only or the residential portion of a mixed-use development located on any lot in zoning districts where mixed-use developments
are permitted (RC, CB, V, WW); in zoning districts where commercial uses are permitted, the maximum lot coverage will be determined (TBD) by the Planning
Commission
6
In Special Flood Hazard Areas (SFHAs) which are established by FEMAs Flood Insurance Rate Maps (FIRMs), building height shall be measured from the
minimum base flood elevation (BFE) for the purposes of this Ordinance.


SECTION 5.5 YARD REQUIREMENTS

No part of a yard or other open space required for any building for the purpose of complying with
the provisions of this Ordinance shall be included as part of a yard or other open space similarly
required for another building.
§ 5.5.1 YARD REQUIREMENTS
• For the purposes of this Ordinance, “yard” and a “required yard” are considered two
different terms, see Article 2: Definition of Terms. A “yard” is the general yard space of
a lot and is defined as the open space that lies between the principal building and the
nearest lot line. These “yards” or open spaces are essentially the front, rear, side, and
on lots adjacent to a waterbody, waterside yards.
• The “required yard”, which is also referred to as the required minimum setback, is the
amount of open space between the buildable area line or building setback line, see
Article 2: Definition of Terms, and the lot line of the property. The amount of required
yard for each lot depends on the setback standards listed in each of the zoning districts
of this Ordinance.
• The following standards apply to the required yard space:
1) Uses and structures that are permitted in the required yard area include accessory
buildings, detached garages, swimming pools, open stairways and landings,
driveways, and fences, see Figure 5.1 below.
2) Each required yard shall be open and unobstructed from the ground upward, in
which no structure is permitted to be located except for the items listed above in
#1) above, along with the customary allowable yard projections such as sills,
cornices, buttresses, ornamental features, chimneys, flues, eaves, and other such
projections, provided they do not exceed the allowances listed in the most recent
Town of Dauphin Island adopted Building Code.
3) Parking spaces and driveways are allowed in the required yard space. Pervious
materials are highly encouraged to ensure proper stormwater provisions are met;
however, any type of ground cover is allowed in the required yard space providing
the amount of impervious surface does not exceed the requirement for the entire
lot area for the applicable zoning district. This total allowance includes any
structure or building on the lot that is paved, covered, and/or roofed.
4) No trees are allowed to be removed inside the perimeter of the required setbacks
and/or yard area.
5) A through lot shall be deemed to have a front lot line along each street it abuts. For
purposes of this subsection, regarding through lots, the required front yard size
shall be provided on each street the “front” and “rear” lot line abut.
SECTION 5.6 MINIMUM REQUIRED YARD SETBACKS

A required yard is also considered the setback, which is the distance a structure is required to set
back from the lot line. The required yard is the open area between a property line and the building
setback line on a lot. Setbacks exist for many reasons: they create uniformity in neighborhood
design; ensure homes are not placed too close together to create adequate airflow and natural
lighting; prevent building structures from being built too close to the street to ensure the home is
protected from vehicular traffic; prevent fire from spreading to adjacent homes or buildings that

are too close together; they serve as utility easements for local power or water companies to allow
access to underground utilities, which requires space in between houses. Each zoning district listed
in this Ordinance has a minimum required distance a structure must be setback from the front,
rear, side, and waterside lot lines. The minimum setback distances vary for each zoning district. In
the event that a structure does not encompass the entire buildable lot area, the general “yard”
space will be larger than the “required” yard space, see Figure 5.1 below.
§ 5.6.1 MEASURING YARD SPACE DEPTH

• Yards: Front, rear, side, and waterside yard depths on a lot shall be determined by
measuring the horizontal distance along a straight line extending at a right angle
from the lot’s front, side, or rear lot line (as appropriate) to the foundation of the
nearest structure on the lot.
• Required Yards and/or Minimum Setbacks: The required yard space and/or
minimum setback shall be measured as the distance between the property line and
the building footprint line and/or buildable area line perpendicular to the property
line. The required yard space establishes the required minimum setback on a lot to
ensure the provision of open areas around structures for the purposes of: visibility,
fire and traffic safety; access to and around structures; access to natural light and
ventilation; separation of incompatible land uses; and space for privacy,
landscaping, and recreation.
§ 5.6.2 SETBACK REQUIREMENTS
• All structures shall conform with the setback requirements established for each
zoning district in this Ordinance. The zoning district in which the property is located
dictates the minimum required setback distance. The minimum required setback
must be met and if they cannot be met due to the size of the structure or the
location of the building setback line, the size of the buildable area must be
reduced to fulfil the setback requirement.
• In no case shall any portion of any structure extend into a street right-of-way, a
vehicular access easement or beyond a property line.
• On substandard lots of record, the front, side and rear setbacks may be less than
required in this Ordinance; provided that, no front setback shall be less than the
average setback of the existing developed lots on the same block and on the same
side of the street; no side setback shall be reduced to less than five (5) feet; and no
rear setback shall be reduced to less than ten (10) feet. The amount of reduction
up to these limits shall be determined by the Building Official in consideration of
the lot size and the size of the proposed structure.
• Specific yard encroachments that project out from the structure are allowed in the
required yard and/or setback per the most recently adopted Town of Dauphin
Island building code.
• On any lot that abuts a body of water, the setback shall be measured from the
mean high tide line or the bulkhead.
• Any lot that abuts a waterway such as a stream, river, bayou, or creek, and any lot
that abuts a wetland or floodway, a protective buffer for wetlands bordering salt
or brackish bodies of water, the buffer shall be a minimum of thirty feet (30’). For

wetlands surrounded by land or bordering small creeks or lakes, the buffer shall be
a minimum of ten feet (10’). Permanent protection of the wetlands on the finished
sites will be required by the Town Building Official.
§ 5.6.2.1 Setback Requirements on Corner Lots

• The side of the lot adjacent to a public right of way on a corner lot must
maintain a twenty (20) foot side yard setback for the purposes of providing
adequate sight distances, safety, air and light to abutting residences and for
aesthetic considerations.
• A corner lot shall have only one front lot line as determined in accordance
with the definition of front lot line. To determine the front yard of a house
located on a corner lot, the front of the house should face the front lot line,
which by definition of this Ordinance, is the shorter of the two front lot lines,
see definition. The street in which the house faces shall be used for accuracy
in 911 addressing purposes.
• The front, rear, side, and waterside setback requirements for structures
located on corner lots in the R-1, R-2, R-3, V, RC, and WW districts, shall not
apply where the average setbacks on existing developed lots on the same
block, and fronting the same street are less than the minimum required
setback for that zoning district. In such cases, the setback on said lots may be
less than the required setback, but no less than the average of the existing
setbacks on the existing developed lots.
• Accessory structures within 10 feet of the rear lot line of a corner lot shall
maintain a required side yard setback of a minimum of twenty (20) feet for
lots greater than 50 feet wide and a minimum of 10 feet for lots 50 feet or
less.
The following illustration in Figure 5.1: Required Yard Space & Yard Setbacks on a Lot, shows
the difference between a yard and a required yard along with the buildable area of a lot and
the building setback line.

FIGURE 5.1: REQUIRED YARD SPACE & YARD SETBACKS ON A LOT
Source: www.walnuttwp.com

FIGURE 5.2: REQUIRED YARD SETBACKS
SINGLE-FAMILY
STRUCTURE CORNER
LOT EXAMPLE

§ 5.6.3 SETBACK STANDARDS

The following yard size requirements are listed for each zoning district in this Ordinance. They are
measured in U.S. Feet and are considered the MINIMUM required sizes to ensure the safety of the
residents and fulfil effective stormwater management standards. However, no specific setbacks
are established for all non-residential uses in the RC, CB, CP, and WW districts since the
establishment of building setback lines or other restrictions tends to force the placement of
buildings to possibly have detrimental effects on privacy, view, preservation of heritage trees, etc.
The Planning Commission shall review the details of the site plan to determine the appropriate
setbacks and precise location of any structure used for non-residential uses on a lot in said zoning
districts after reasonable opportunity is afforded the property owner to provide input on these
decisions. Such determinations shall be based upon the topography of the site, taking into
consideration the total area of the lot, viewshed, height of dunes, location of wetlands, large trees,
and similar environmental conditions, see Table 5.2.

§ 5.6.4 SETBACKS TABLE

Use the Table below to determine the minimum setback requirements for each lot in every zoning district.
TABLE 5.2: MINIMUM YARD SETBACKS FOR LOTS IN ALL ZONING DISTRICTS
Zoning Front Yard Rear Yard Side Yard Corner Lot Side Yard Waterside Yard
District Lot Width Lots Wider Lot Width Lots Wider
50’ or Less than 50’ 50’ or Less than 50’
R-1 30’ 10’ 5’ (one side) 10’ 5’ (i)/ 10’(s) 10’(i)/ 20’(s) 25’
8’ (other side)
R-21 25’ 10’ 5’ 5’ 5’ (i)/ 10’(s) 10’(i)/ 20’(s) 25’
R-38 25’ 10’ 10’ 10’ N/A 10’(i)/ 20’(s) 25’
RC8 25’ 10’ 10’ 10’ 10’ 10’ 25’
CB8     TBD (i)/ 20’(s) TBD (i)/ 20’(s) N/A
CP       25’
V8 20’ 5’ 5’ (one side) 10’ 5’ (i)/ 10’(s) 5’ (i)/ 20’(s) N/A

8’ (other side)
WW2 25’ 10’ 10’ 10’ 10’(i)/ 20’(s) 10’(i)/ 20’(s) 25’
Accessory Not 5’ 5’ 5’ 20’ 20’ 25’

Structures permitted
 The required setback shall be determined on a case-by-case basis by the Planning Commission
(i)=interior side yard (s)= street side yard
1
Single-family structures in an R-2 zoning district must adhere to the minimum setbacks required for the R-1 zoning district
2
Multi-family residential uses only; non-residential uses will be determined and set by Planning Commission


SECTION 5.7 ALLOWABLE YARD ENCROACHMENTS AND PROJECTIONS

Every part of every required minimum yard shall remain open and unobstructed from the ground
to the sky except as otherwise allowed in this section. To illustrate, in Figure 5.3 below, the yellow
shaded areas indicate the required yard area and the dark gray shaded items indicate examples of
building features which are allowed to extend into the required yard setback areas, subject to the
requirements of the Town’s adopted Building Code. These provisions, in conjunction with other
applicable provisions of this title, are intended to ensure open areas around primary structures,
maintain clear visibility for traffic safety and pedestrian access, buffer between property and land
uses, and establish natural light, ample privacy, and landscaping.
Certain architectural features are allowed to encroach into the setback. They include, but are not
limited to items such as uncovered stairs, AC unit platforms, elevator and/or lifts, chimneys and
bay windows. These features may extend or encroach into any required front, side, waterside, or
rear yard setback, up to but not beyond a distance equal or lesser than that of the required
minimum setback as determined by the zoning district in which said structure is located, see Table
5.2: Minimum Setbacks for Lots in All Zoning Districts. For example, in the R-1 zoning district, the
required minimum front yard setback is thirty (30) feet. So, any allowed UNCOVERED featured
may extend or encroach up to a maximum distance of fifteen feet (15’) into the front yard. This
same provision applies to all required yards. However, covered features (decks, porches, landings,
entry stairs, and the like) which are attached to the primary structure, may NOT encroach into any
setback area and must be encompassed within the footprint of the buildable area of the lot, see
Figure 5.3.
FIGURE 5.3: ENCROACHMENTS ALLOWED IN SETBACKS
Yard Setback Area
Building Footprint

SECTION 5.8 PERFORMANCE STANDARDS FOR NON-RESIDENTIAL DISTRICTS

• Lots shall be of sufficient size to accommodate the intended use, including required
parking and loading facilities in addition to space required for the conduct of other
operations of the business, and to otherwise comply with the provisions of this ordinance.
• Where a commercial or non-residential district and/or use abuts any part of a residential
district and/or residential use, a buffer zone or other protective barrier hall be required;
Said buffer zones shall be in addition to the yard requirements and shall be fenced or
screened subject to the following regulations:
> Wall or fence. If a wall or fence is provided as a protection buffer, it shall
be six (6) feet high in a residential district and eight (8) feet high in a non-residential
district, and of a construction and a design approved by the Planning Commission.
Said wall or fence shall be maintained in good repair by the owners of the property.
> Screen planting strip. If a screen planting strip is provided as a protection
buffer, it shall be at least ten (10) feet in width, shall be planted
with materials in sufficient density and of sufficient height (but in no case
less than six (6) feet high at the time of planting) to afford protection to
the residential or business district from the glare of lights, from blowing
papers, dust and debris, from visual encroachment, and to effectively
reduce the transmission of noise. Screen planting shall be maintained, by
owner, in a clean and neat condition and in such manner as to accomplish
its purpose continuously.
• No primary entrances or exits shall direct traffic from a commercial use or a commercial
district into adjacent residential districts. Adequate parking as required in this Ordinance
shall be provided.
• Adequate space for service and supply vehicles to get in and out or turn around shall also
be provided.
• A landscaping plan shall be required for any multi-family dwelling structure, any residential
or commercial lodging development, and all non-residential developments. Such plan shall
be submitted to the Planning Commission for review and approval before the issuance of
a building permit and construction activities. The plan shall clearly show what existing trees
will remain, as well as what shrubbery and other vegetation will be added to complete the
final landscaping of the property. No trees greater than four (4) inches in diameter at
breast height, or 12 ½ inches in circumference at 4 ½ feet from the ground, shall be
removed unless it can be shown that the tree is a safety hazard to pedestrians, property
or vehicular traffic; that it is diseased or weakened by age, storm, fire or other injury; that
it is absolutely necessary to construct proposed improvements without incurring
significant additional costs; or that it is necessary for the installation of solar energy
equipment. In such case, the developer’s landscape plan shall indicate replacement trees
that comply with the tree protection requirements of this Ordinance.
SECTION 5.9 ACCESSORY BUILDINGS-ATTACHED & DETACHED

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

• ACCESSSORY BUILDINGS & STRUCTURES:

> Are customarily incidental and subordinate to the principal use;
> Are maintained and operated as a part of the principal use;
> Shall not exceed fifty percent (50%) of the size of the principal structure on the lot,
or 1,000 square feet, whichever is the lesser;
> There shall be a MAXIMUM of two (2) accessory buildings located on the same lot;
> Shall not be located on a lot by itself; No accessory building shall be placed on an
undeveloped lot until construction of the principal building has occurred;
> Shall not be used until a Certificate of Occupancy (CO) has been issued for the
principal building by the Building Official;
> Detached accessory buildings in residential districts shall not be located or
extended in the front yard; No detached accessory structure or detached carport
may be located forward of the front building line of the residential building;
> Shall not include kitchen facilities, see definition of Kitchen in Article 2;
> Is not hazardous to and does not impair the use or enjoyment of nearby property
in greater degree than the principal use with which it is associated;
> Does not create levels of noise, odors, vibration and lighting, or degrees of traffic
congestion, dust or pollutants, in a greater amount than customarily created by
principal use of the zoning district;
> Must be compatible with the main structure and the general character of the
surrounding neighborhood;
> A detached garage or carport shall be considered an accessory building;
> Where an accessory building is attached to the main building, a substantial part of
one wall of the accessory building shall be an integral part of the main building or
such accessory building shall be attached to the main building in a substantial
manner by a common wall of 50 percent of the wall length or a party wall, or such
accessory building shall be attached to the main building in a substantial manner
by a roof and therefore, such requirements applicable to the main building shall
apply;
> An attached accessory building shall meet all currently adopted building and wind
codes;
> May not encroach into any existing drainage or utility easements;
> Shall not be closer than five (5) feet to any interior side lot line or rear lot line;
> A detached accessory building shall not be closer than twenty (20) feet to a
residential building;
> Any detached accessory building may not be closer than twenty (20) feet to any
side street right-of-way; and
> A detached accessory building may not closer than seventy (70) feet from the front
street right-of-way or lot line provided that the detached structure is not closer to
the street than the principal structure.
• SHIPPING CONTAINERS:
> Shipping containers may be used as an accessory use when located on a lot where
a principal use exists in the Central Business and Working Waterfront zoning

districts only;
> They must be located behind the principal structure on the lot;
> A maximum of one (1) shipping container shall be permitted on one lot of record
in the CB and/or WW zoning districts;
> They are not allowed in the front yard areas;
> Shipping containers are prohibited on vacant and/or undeveloped lots;
> Must be secured to the ground and meet all currently adopted building and wind
codes;
> The location of shipping containers shall be determined by site plan review by the
Planning Commission; and,
> The lot must be large enough to accommodate the principal structure and the
shipping container.
• CARPORTS:
> Where a carport is attached to a residential building, it shall be attached to the
residential building in a substantial manner by a roof the entire length of the shared
sides, and therefore, such requirements applicable to the residential building code
shall apply;
> Attached carports may not extend closer to the street than the roofed portion of
the principal structure;
> A detached garage or carport shall not be closer than ten (10) feet to the principal
structure;
> Any detached carport may not be closer than twenty (20) feet to any side street
right-of-way;
> A detached garage or carport may not be closer than seventy (70) feet from the
front street right-of-way or lot line provided that the detached structure is not
closer to the street than the principal structure; and
> A detached garage or carport must be set back a minimum of five (5) feet from an
interior or rear lot line.
§ 5.9.1 ACCESSORY BUILDINGS SETBACK REQUIREMENTS

Detached accessory buildings/structures in Residential Districts shall adhere to the
following yard and setback requirements:
1. Front yard – No accessory buildings are allowed in any part of the front yard;
2. Side yard -Detached accessory buildings shall maintain a side yard of not less than
the side yard setback of the principal building required by the zoning district.
3. Rear yard -Detached accessory buildings shall maintain a rear yard of not less than
the rear yard setback of the principal building required by the zoning district.
4. Waterside yard - Detached accessory buildings shall maintain a rear yard of not less
than ten (10) feet away from the principal structure and a minimum of twenty-five
(25) feet away from the waterside yard property line.
5. Corner Lots - Accessory structures within 10 feet of the rear lot line of a corner lot
shall be set back a minimum of twenty (20) feet from the right of way.
6. Through Lots- Accessory structures located on a through lot must maintain a

minimum rear yard setback equal to the front yard setback from the right-of-way
required for the zoning district. This minimum setback will primarily be thirty (30)
feet, depending on the zoning district.
§ 5.9.2 MAXIMUM ACCESSORY BUILDING/STRUCTURE HEIGHT

Detached accessory buildings shall not exceed one (1) story or fifteen (15) feet in height
except when located in a waterside yard, which shall not exceed a maximum of twelve (12)
feet in height to protect the viewshed of the waterfront. A boat house shall not exceed a
height of sixteen (16) feet above the top of the adjacent sea wall.
The height limits for the various districts shall apply to church spires, belfries, cupolas,
penthouses, or domes not used for human habitation, to chimneys, ventilators, skylights,
water tanks, parapet walls, cornices, and television antennas and/or towers, or necessary
mechanical appurtenances usually carried above the roof level, provided that such
features are limited to that height defined in Article 7 of this Ordinance.
SECTION 5.10 SWIMMING POOLS & SPAS

In-ground swimming pools, aboveground swimming pools, spas and/or hot tubs are permitted in
all zoning districts with the following conditions:
• All swimming pools and/or spas must be properly permitted by the Building Official and
meet all requirements of the Zoning Ordinance and the Standard Swimming Pool Code;
• They are permitted in the side, rear, and waterside yards only (not allowed in front yard);
• Must be setback a minimum distance of five (5) feet from side, rear, or waterside lot line;
• They must be a minimum of five (5) feet from the principal building on the lot;
• Pool pumps and related equipment visible from the street must be properly screened from
view;
• Fencing must be installed around the swimming pool to prevent unauthorized access to
the pool and pool area during all times; and,
• Screened enclosures, lanais, or other similar screening structures surrounding or enclosing
pools and spas must meet the same setback requirements as detached accessory
structures.
SECTION 5.11 FENCING REQUIREMENTS

Fences are permitted in every zoning district. A building permit shall be obtained prior to
construction of any fence. Fences may be permitted on the property lines or anywhere else on the
lot provided that:
• Fences shall not obstruct a drainage easement, floodway, or other watercourse;
• Fences or walls shall not adversely affect any local lot drainage; and
• Fences shall not be constructed in any required clear sight distance nor interfere with any
viewshed.
All fences, hedges, screen plantings and walls within the required yard areas shall comply with the
following requirements which regulate height, location and design, except where special

requirements are set forth for specific screening purposes elsewhere in this Ordinance or where
modifications are required to meet the requirements of this Ordinance.
1. The finished side of a fence shall always face the exterior side of the lot. Support members,
when located on one side of the fence, shall be on the interior side of the fence.
2. No fence, hedge, screen plantings, wall, or other obstruction in any zoning district shall be
located in a manner on a lot that creates a blind corner.
§ 5.11.1 FRONT YARD FENCES

1. All walls and fences within a required front yard and street side yard shall not
exceed four (4) feet in height.
2. On corner lots, a front yard fence may not exceed a maximum height of more than
two and one half (2 ½) feet measured from the right-of-way line, extending into
the lot a minimum of twenty (20) feet, in efforts to provide corner visibility to
ensure the safety of motorist.
3. In all zoning districts except for R-1 and R-2 districts, fences and walls are required
as needed to enclose garbage and trash receptacles and above-ground
components of a public utility system, provided that the Building Official
determines the following:
• The maximum height of any fence or wall used for the enclosure of such
facilities and in no case shall exceed a height of eight (8) feet;
• It is not practical to locate such facilities in locations other than in a
Required front yard;
• The area enclosed and the height of fences and walls are the minimum
necessary to screen such facilities from view;
• The encroachment of such walls and fences onto a required front yard is
The minimum necessary;
• The materials used, and the method of constructions for such fences,
plantings and walls, meet all standards prescribed by the Building Official.
§ 5.11.2 SIDE AND REAR YARD FENCES

In a residential zoning district, or on a lot with a residential use, all walls or fences within
the required side or rear yards shall not exceed eight (8) feet in height except on a corner
lot, see Figure 5.4: Corner Visibility in § 5.11.3.
§ 5.11.3 SIDE AND REAR YARD FENCES ON CORNER LOTS

• Visibility at Intersections: To ensure vision clearance at all intersections, no fence,
wall, hedge, screen, structure, vegetation, or planting shall be higher than two and
a half (2 ½) feet on any corner lot within the Clear Vision Zone, which is the
triangular area formed by the intersecting street right-of-way lines and a straight
line joining the two street lines at points which are twenty (20) feet distant from
the point of intersection, measured along the street right-of-way lines, see Figure
5.3. Any side, front, or rear yard fence outside the Clear Vision Zone shall not
exceed the maximum height required in this section. Trees may be planted in this
triangular area, provided that the lowest foliage is ten (10) feet or higher from the
ground.

FIGURE 5.4: CORNER VISIBILITY
Corner Lot 2 ½ ‘ max. height
Street Intersection
Corner Lot Corner Lot
§ 5.11.4 WATERSIDE YARD FENCES

All fences and walls within the required waterside yard shall not exceed four (4) feet in
height and shall be designed and constructed as an “open” fence that does not obstruct
the view. “Open” means and includes all fence and wall sections which have an opacity of
at least twenty-five percent (25%), excluding vertical support posts in order to protect the
viewshed of the waterfront.

ARTICLE 6
Parking, Lighting & Landscaping Standards
§ 6.1 PURPOSE
§ 6.2 GENERAL PROVISIONS
§ 6.3 REQUIRED PARKING SPACES
§ 6.4 PARKING SCHEDULE TABLE
§ 6.5 LOCATION OF PARKING SPACES
§ 6.6 PARKING & STORAGE FOR RVs & COMMERCIAL VEHICLES
§ 6.7 SHARED PARKING REQUIREMENTS
§ 6.8 PARKING SPACE STANDARDS & DIMENSIONS
§ 6.9 PARKING LOT ACCESS, LIGHTING & LANDSCAPING
§ 6.10 TURTLE LIGHTING REQUIREMENTS
§ 6.11 OFF-STREET LOADING & UNLOADING
§ 6.12 CURB CUTS & VISION CLEARANCE
SECTION 6.1 PURPOSE

The intent of this Article is to establish parking standards to enhance the economic vitality of the
Island while ensuring the residential quality of life of the Town of Dauphin Island is preserved and
protected. The purpose of these parking standards is to adequately and effective supply and
accommodate the temporary parking needs the Island’s tourism activities demand while ensuring
the quality of life is not compromised for permanent Island residents.
SECTION 6.2 GENERAL PROVISIONS
• Parking regulations shall apply to all zoning districts.

• The required number of permanent, off-street parking and loading spaces specified by this
Article shall be provided for each use at the time of the erection of any building or at the
time any principal building is enlarged or increased in capacity, or before conversion from
one type of use or occupancy to another.
• On-street, overnight parking, storage of vehicles, vessels, trailers, and any other type of
personal property is prohibited.
• On-street temporary parking is permitted during daytime hours within designated parking
areas or in the right-of-way.
• Storage of any type of personal property, including vehicles or trailers and the like, is not
allowed in the public right-of-way or on the public streets, which are all owned by the Town
of Dauphin Island.
• Any off-street parking or storage space shall have unobstructed vehicular access to a street
or alley.
• Handicapped parking spaces must be provided and designed in accordance with the
applicable provisions of the Americans with Disabilities Act (ADA).

Article 6 | Parking, Lighting & Landscaping
• Areas reserved for off-street parking in accordance with the requirements

of this Ordinance shall not be reduced in area or changed to any other use unless the
permitted use which it serves is discontinued or modified, except where equivalent parking
space is provided to the satisfaction of the Planning Commission.
• Parking areas for all developments must be so designed that emergency and other public
service and/or safety vehicles can adequately and safely access and serve such
developments. All new parking areas are subject to approval by the Planning Commission
and the Fire Chief. Fire lanes may be required by the Town’s most recently adopted Fire
Code.
SECTION 6.3 REQUIRED PARKING SPACES

For commercial and all other nonresidential uses, the parking requirement is expressed in terms
of one space per unit of gross floor area, meaning the entire square footage of the structure is
counted in determining the number of parking spaces required. For residential uses, the parking
requirement is based on the number of bathrooms a structure contains, see Parking Schedule
Table below. The required number of parking spaces for each type of land use shall apply to any
vehicle or vessel/trailer, or a combination of both. All required parking spaces for each use shall
be located on the same lot as the principal use unless special permission is granted by the Planning
Commission for off-site parking accommodations. If parking is provided off-site, then the spaces
shall not be located more than five hundred (500) feet from the lot on which the principal use to
be served is located and the zoning classification of the property on which the off-site parking
facilities are located shall be the same or a less restrictive classification.
SECTION 6.4 PARKING SCHEDULE TABLE
USE/ACTIVITY MINIMUM NUMBER OF REQUIRED

PARKING SPACES
RESIDENTIAL USES Three (3) parking spaces for all one-family
• SINGLE FAMILY DWELLING UNIT dwelling unit structures with 1 to 3 ½
STRUCTURES bathrooms; Each additional bath or fraction of a
bath shall require one (1) additional parking
• TWO-FAMILY DWELLING UNIT
space, not to exceed a maximum of five (5)
STRUCTURES
parking spaces.
• MULTI-FAMILY DWELLING UNIT
STRUCTURES
GENERAL BUSINESS, RETAIL, & One (1) space for every three hundred (300)
COMMERCIAL USES square feet of gross floor area plus one (1)
space for every two (2) employees working on
• All
site.

Article 6| Parking, Landscaping & Lighting Standards
LODGING USES One and one-quarter (1 ¼) parking spaces for

• HOTELS, CONDOMINIUMS, MOTELS each bedroom plus additional spaces for
AND OTHER TYPES OF LODGING accessory uses such as restaurants, lounges,
offices, shops, etc. plus one (1) space for every
two (2) employees working on site, to be
located within five hundred (500) feet the lot.
• BED & BREAKFASTS Same requirements as single-family residential
use plus one and one-quarter (1 ¼) parking
spaces for each guest bedroom.
PUBLIC ASSEMBLIES & INSTITUTIONAL One (1) space for every 5 attached seats or one
USES (1) space for every fifty (50) square feet of gross
• CHURCHES AND OTHER PLACES OF floor area where there are no attached seats,
WORSHIP, THEATERS, COMMUNITY plus one (1) space for every two (2) employees
RECREATION CENTERS, AND OTHER working on site, to be located within 500 feet of
ASSEMBLY lot.
RESTAURANTS & DINING USES One (1) space for each four (4) seating
• All accommodations, plus one (1) space for each
two (2) employees on site; take-out restaurant,
one (1) space for each three hundred (300)
square feet, plus one (1) space for each two (2)
employees working on site.
MIXED-USE ESTABLISHMENTS USES Equal to the sum of the requirements of each
• All use computed separately plus one (1) space for
every two (2) employees working on site in the
commercial portion of the mixed-use.
RECREATIONAL & ENTERTAINMENT Two (2) spaces for each three hundred (300)
USES square feet of gross floor area plus one (1)
• All space for every two (2) employees working on
site.
MARINA USES One (1) space for each three hundred (300)
• All square feet of enclosed floor space and/or; one
(1) space for each two (2) wet slips; and one (1)
space for every two (2) dry slips plus one (1)
space for every two (2) employees working on
site.
BOAT LAUNCH USES Fifteen (15) vehicle/trailer spaces for each
• Single-Lane Ramp Launch single-lane launch ramp.
• Double-Lane Ramp Launch Twenty (20) vehicle/trailer spaces for each
double-lane launch ramp.
• Non-motorized Ten (10) parking spaces for each launch.
boats/kayaks/canoes, etc.

FISHING CHARTER USES NO CHARTER PARKING IS PERMITTED IN ANY

• Home-Based RESIDENTIAL ZONING DISTRICT.
Four (4) spaces are required for a home-based
Charter business. Parking must be located in a
zoning district which permits parking lots
and/or Charters. A Letter of Agreement for
parking accommodations is required before the
issuance of a business license.
• Marina-Based Four (4) spaces at the Dauphin Island Marina.
RV PARK USES One and one half (1 ½) spaces for each RV
• All space plus one (1) space for every two (2)
employees working on site.
HEALTH CARE FACILITIES USES One (1) space for each 200 square feet of floor
• All area used for offices and similar purposes plus
one (1) space for every two (2) employees
working on site.
SECTION 6.5 LOCATION OF PARKING SPACES

§ 6.5.1 ON-SITE PARKING REQUIRED
Parking spaces for all uses or structures shall be located on the same lot with the principal
use. In residential zoning districts or for lots used for residential purposes, the driveway
space may be counted toward the required number, provided it does not obstruct the
sidewalk area. Garages may also be counted as part of the required parking, provided the
garage supplies adequate parking space.
§ 6.5.2 OFF-SITE PARKING REQUIRMENTS

If the lot is not large enough to accommodate the required parking, parking may be
permitted off-site, provided the spaces shall not be located more than five hundred (500)
feet from the lot on which the principal use to be served is located and the zoning
classification of the property on which the off-site parking facilities are located shall be the
same or a less restrictive classification. If the selected off-site parking location crosses a
public road or right-of-way, a public cross-walk must be installed on said public road or
right-of-way before the Planning Commission can approve the parking agreement. If the
selected off-site parking location is going to be the principal use on the lot, then “Parking
Lot” must be a permitted use in the zoning district in which the parking lot is located.
§ 6.5.2.1 LETTER OF AGREEMENT

Where required parking spaces are not located on the same lot as the principal use,
a Lease or Letter of Agreement assuring the continued availability of such off-site
facilities to serve the principal and accessory uses shall be properly drawn and
executed by the parties concerned, approved as to form by the Municipal Attorney
and shall be filed with the application for a building permit. Annual Business license
renewal applications must include a copy of the current written agreement

assuring the continued availability of such off-site facilities to serve the principal
and accessory uses as originally approved. Failure to provide the required parking
will terminate the business license.
SECTION 6.6 PARKING & STORAGE FOR RVs, BOATS, TRAILERS &
COMMERCIAL VEHICLES
Boats, boat trailers, RVs, commercial vehicles, and other types of trailers including camping and
hauling, shall not be parked or stored on any lot occupied by a dwelling or any lot in any residential
district except in accordance with the following requirements. Any junked vehicle, vessel, or any
other type of motorized vehicle that cannot be moved under its own power, or not currently in
use or licensed, shall not be permitted to be located on any lot within the corporate limits of the
Town of Dauphin Island.
§ 6.6.1 RECREATIONAL VEHICLE (RV) STORAGE / PARKING REQUIREMENTS

Unoccupied RV parking and commercial vehicle parking is permitted in all zoning districts,
but must be located away from view from public rights-of-way and from neighboring
properties to maximum extent practicable. RV’s must be parked and/or stored behind the
front building setback line, within the side or rear yard of a lot.
• An RV or any type of travel trailer shall not be occupied either temporarily, if longer
than fourteen (14) days, or permanently while it is parked or stored in any area
except in an RV Park;
• RVs shall not be connected to water and / or sewer while stored;
• RVs may be temporarily occupied for a maximum of fourteen (14) days with
approval of the Town Council, see Article 8 of this Ordinance for additional
requirements.
• Attached and/or detached covered RV carports shall be permitted in the side or
rear yard only and must be a minimum of five (5) feet from the lot line.
• In no case shall a vacant lot be used for storage of an RV of any type;
• No more than one RV or travel trailer of any type are permitted on a lot;
• Slide-outs must be retracted while parked and/or stored on a lot; if slide-out is
extended, the RV/Travel Trailer will be considered occupied.
§ 6.6.2 BOAT & TRAILER PARKING/STORAGE REQUIREMENTS

• A maximum of three boats and/or boat trailers or hauling trailers, all of which are
stored on land, are permitted on residential lots with a primary structure;
• In no case shall a vacant lot be used for storage of a boat and/or trailer of any
type.
§ 6.6.3 COMMERCIAL PARKING & STORAGE REQUIREMENTS

This includes boat and trailers that advertise fishing charter and other commercial
services.
• No more than one commercial vehicle per dwelling shall be permitted in a

residential zoning district and must be parked or stored behind the front building
set back line.
SECTION 6.7 SHARED PARKING REQUIREMENTS

Where two or more businesses require the shared use of parking facilities, the total number of
required off-street parking spaces for each use may be combined and shared. Two (2) or more
owners or operators of any commercial or non-residential use may share the required off-street
parking spaces provided that each use sharing the parking area shall be:
• Located in the same zoning district;
• The hours of operation do not coincide with each other;
• The total number of parking spaces for each use is met.
A Shared Parking Agreement shall be required to accompany the site plan to be reviewed by the
Planning Commission before approval can be granted for shared parking requests.
In the event that the shared parking area is across the street from the business, said business must
provide for the costs incurred by the Town to install and maintain safe and proper crosswalk
identification markers and signage due to liability requirements.
SECTION 6.8 PARKING STANDARDS & DIMENSIONS

§ 6.8.1 PARKING SPACE DIMENSIONS
• VEHICLES: 9’ x 20’
All individual off-street parking spaces for motorized vehicles only, shall have a
minimum area of not less than one hundred eighty (180) square feet, or nine
(9) feet in width by twenty (20) feet in length. The dimensions of all parallel
and angled parking spaces are determined based on the angle of the space, see
diagram below in Section 6.8.8. Each parking space shall be an all-weather surfaced
area and located on-site, within the area of the lot. Parking spaces are prohibited
on the public right-of-way, in alleyways, and in driveways, with the exception of
single and two-family uses where the driveway is allowed to be used as the parking
space requirement. Unobstructed access shall be provided to each parking
space.
• BOAT TRAILERS: 12’ x 50’
Each individual off-street parking space for a motorized vehicle and a
boat/boat trailers, shall have a minimum area of not less than six hundred (600)
square feet, or twelve (12) feet in width by fifty (50) feet in length.
• RECREATIONAL VEHICLES (RVs): 12’ x 40’
Each RV parking pad shall have a minimum area of not less than four hundred eighty
(480) square feet and be a minimum of 12 feet wide by 40 feet long with a minimum
five-foot-wide setback on each side, or otherwise able to accommodate both the
RV unit and the tow vehicle.
§ 6.8.2 PAVING STANDARDS FOR PARKING AREAS

Pervious materials are preferred and strongly encouraged for parking areas in lieu of hard

surface materials in efforts to support effective stormwater management practices.

Parking spaces may be paved with impervious materials to standards established by the
Town of Dauphin Island’s Subdivision Regulations provided the required maximum
impervious surface percentage threshold is not exceeded, see Table 5.1 of this Ordinance.
Pervious materials provide an alternative to traditional paving methods by allowing water
to flow through their surface. While other non-porous materials direct water to storm-
drains, these surfaces help ground water recharge by allowing water to flow into open
spaces between the materials. These porous materials also filter pollutants and solids from
the water as it percolates through the surface.
§ 6.8.3 WHEEL STOPS

Parking facilities without curbing shall provide wheel stops for all spaces not less than
eighteen (18) inches from the end of the parking space. The stops shall be landscape
timber, concrete or other approved material. Wheel Stops must be anchored.
§ 6.8.4 DRAINAGE FOR PARKING AREAS

Internal parking lot drainage should be designed according to the stormwater standards,
see Section 7.6 of this Ordinance. Stormwater runoff from parking lots should not be
discharged directly into the street; such runoff should be collected internally or discharged
to an adjacent drainage way. Off-street parking facilities shall be sufficiently drained to
prevent damage to adjacent property and streets and to prevent pollutants from draining
onto the adjacent lots. Pervious surface materials are preferred and strongly encouraged.
Landscaped areas and perimeter areas shall be so graded as to receive a reasonable
portion of the rainfall from the surrounding pavement. Protective curbing around
landscaped areas must leave openings for the flow of water onto unpaved areas.
§ 6.8.5 DRIVEWAY PARKING

In the R-1 and R-2 zoning districts or on lots used for single family and two-family
residential uses only, the driveway space and garage area can be counted toward the
number of parking spaces required. The driveway must have a minimum size of 10’ X 20’
or a total area of 200 square feet. Using the driveway to meet the off-street parking
requirement is permitted only for single family and two-family uses only in any zoning
district where said uses are permitted. All driveways for single family and two-family
residential uses shall meet the following dimensions requirement:
• The driveway must have a minimum size of 10’W X 20’L or a total area of 200 square
feet.
• Driveway hard surfaces are counted toward the maximum allowed impervious
surface percentage. Alternative pervious materials are encouraged and may be
needed so as not to exceed the threshold.
• A single car driveway width should be a minimum of 10' wide. Twelve feet (12') is
often used for added space to be able to get out of the vehicle without stepping on
the lawn or landscape. If the driveway is surrounded by walls, then 14' wide is
recommended to open the car doors and exit the vehicles without damaging the
doors. These specifications will accommodate all cars large or small and full-size
pick-up trucks & SUV's.

• Single car driveways should allow 20' of length per vehicle. Every 20 feet of
driveway will accommodate all cars large or small and full-size pick-up trucks &
SUV's. This will allow room to walk between vehicles and park far enough from the
garage door to allow foot traffic.
• Double car driveways shall be a minimum of 20’ wide and 20’ in length.
• A 24' width is needed if the double car driveway is surrounded by walls on both
sides to allow the car doors to open without banging the walls.
• Allow 10' for each additional desired car width.
• In single family and two-family zoning districts and / or uses, driveways shall be long
enough to ensure the driveway can accommodate the number of vehicles at the
residence within the property lot lines.
• Vehicles are strictly prohibited from encroaching into the sidewalk or the street.
The driveway must be of adequate length to fully accommodate the storage of
vehicles.
§ 6.8.6 INTERIOR TRAFFIC LANES AND PARKING AISLE DRIVEWAYS

Traffic lanes within a development are typically adjacent to the public right-of-way and receive
traffic from the public road via ingress and egress to the site. They support the circulation of
traffic throughout the interior of a development, enabling the traffic to flow throughout the site.
Parking aisle driveways provide direct access to parking spaces on either side or both sides of the
drive via an extended driveway.
• All traffic lanes within a development shall be a minimum width of twenty (20)
feet for all one-way drives, and a minimum of twenty-four (24) feet for all two-
way drives.
• The minimum width of all parking aisle access driveways shall be determined
based on the angle of the parking space, see table and diagram below.
§ 6.8.7 PARKING AREA DIMENSIONS TABLE

The design and dimensions of the parking area shall be in accordance with the following table
and illustrations:
PARKING SPACE AND AISLE DIMENSIONS

Angle of Curb Length Stall Depth Stall Width Access Driveway
Parking (°) Per Car (feet) (feet) (feet) Width (feet)
0 23’ 21’ / 24’ 9’ 20’ / 24’
30 10.5’ 20’ / 22’ 9’ 20’
45 12’ 19.5’ 9’ 20’
60 15’ 21’ 9’ 20’
90 9’ 20’ 9’ 24’

§ 6.8.8 PARKING AREA DIMENSIONS DIAGRAM
0° ANGLE PARALELL PARKING 30° ANGLE PARKING

20’ 9’ 9’
45° ANGLE PARKING 60° ANGLE PARKING
20’ 20’
12’
15’
90° ANGLE PARKING
9’

SECTION 6 .9 PARKING LOT ACCESS, LIGHTING & LANDSCAPING

§ 6.9.1 PARKING PLAN REQUIRED
A parking plan shall be required for any parking area with a design capacity for six (6) or more
vehicles and shall be submitted with the site plan for Planning Commission review. The following
items are required to be shown on the parking plan:
• Number of spaces
• Dimensions
• Landscaping
• Lighting
• Drainage
§ 6.9.2 PARKING LOT ACCESS

Properly designed parking lot access provides for safe and efficient movement of vehicles into and
out of the parking lot. Entrances should be located on major streets, align with interior traffic lanes
and/or parking aisles, and should direct inbound traffic toward the destination. Exits should be
located away from the destination point and discharge vehicles onto lower volume adjacent side
streets if possible. Ingress and egress to a property must be a minimum of twenty (20) feet in
width if one-way access is provided, or a minimum of forty (40) feet in width if two-way access is
provided.
§ 6.9.3 PARKING LOT CIRCULATION

Off-street parking lots should be designed to accommodate traffic volumes and pedestrian
circulation based on the land use served. The use of islands, medians, curbing, and landscaping is
encouraged to separate parking spaces from traffic and pedestrian circulation areas. Interior
traffic lanes within a development shall be a minimum width of twenty (20) feet for all one-way
drives, and a minimum of twenty-four (24) feet for all two-way drives.
§ 6.9.4 LANDSCAPING & SCREENING REQUIREMENTS FOR PARKING LOTS

It is the intent of this Ordinance that all parking areas be aesthetically improved to reduce
obtrusive characteristics that are inherent to their use. Therefore, wherever practical, such parking
areas should be effectively screened from general public view by incorporating the natural
landscape and topography. The design and appearance of parking areas is intended to be
compatible with the character of the island community. Toward this objective the following
standards shall be observed in the construction of off-street parking areas accommodating six (6)
or more parking spaces and around the building footprint area of all parking decks having two (2)
or more parking levels:
• A minimum of ten percent (10%) of the total interior area intended for off-street
parking shall be suitably landscaped with plants and vegetation native to the Island;
• Interior portions of the parking area that contain twelve (12) or more parking spaces
shall be broken by provision of landscaped islands for every twelve (12) spaces in

order to mitigate the negative visual impact of long uninterrupted rows of cars;
• Each separate landscaped area must be a minimum of sixteen (16) square feet;
• All interior portions of the parking area shall contain one (1) separate landscaped
area for each twelve (12) parking spaces with a minimum of one (1) tree per
landscaped area which shall be a minimum of six (6) feet in height.
• Shrubs shall be a minimum of eighteen (18) inches in height immediately upon
planting. Trees must be a minimum of six (6) feet in overall height immediately upon
planting and have a minimum caliper of one and one-half (1 ½) inches in diameter;
• Landscaped areas shall be protected from vehicular encroachment by the use of
curbing or wheel stops;
• The owner, tenant and/or agent, if any, shall be jointly and separately responsible for
maintaining all landscaping in satisfactory condition, replacing when necessary, and
keeping all areas free of refuse and debris.
• Screenings: Screening may consist of one or any combination of the following.
• Wood or masonry walls or fences
• Landscaped earthen berms
• Native plant materials of such size, branching density, spacing, and quantity to provide
a minimum of 60% opacity while dormant.
§ 6.9.5 LIGHTING REQUIREMENTS FOR PARKING LOTS

The purpose of parking lot lighting is to provide adequate visibility within the parking lot and to
enhance the security and safety of the lot users. It should not cause interference to traffic on
public thoroughfares or encroach on the visual privacy of adjacent residents. The intent of these
standards is to provide guidelines to ensure that parking lot lighting in the Town of Dauphin Island
is adequate and to minimize its adverse impact upon adjacent residential uses. It is also the intent
of this standard to minimize light pollution which has a detrimental effect on sea turtle nesting
activities.
Exterior lighting for parking lots shall include but shall not be limited to all lights mounted on the
exterior of building as well as freestanding or ground lights. All exterior lighting for parking lots
shall be designed and installed to adhere to the following guidelines and standards:
• shall be designed, located, installed, and directed so that the filaments, light
sources or lenses are shielded with opaque material in such a way that they will
not be visible beyond the property lines of the lot;
• all parking area lighting will be full cut-off type fixtures and shall not exceed
fourteen (14) feet in height from the ground to the highest point on the fixture;
• Up-lighting and high-pressure sodium light sources are prohibited;
• In commercially zoned districts, externally lit signs, display, building and aesthetic
lighting must be lit from the top and shine downward. The lighting must be
shielded to prevent direct glare and/or light trespass. The lighting must also be,
as much as physically possible, contained within the target area;
• All building lighting for security or aesthetics should be full cut-off style or a
shielded type, not allowing any upward distribution of light to minimize glare and
prevent light trespass onto adjacent properties;

• Floodlighting is discouraged, and if used, must be shielded to prevent: (a)

disability glare for drivers or pedestrians, (b) light trespass beyond the property
line.
• Where a parking lot is adjacent to residential property, no direct light source shall
be visible beyond the property line at ground level or above.
SECTION 6.10 TURTLE LIGHTING REQUIREMENTS

Sea turtle nesting activities occur annually on Dauphin Island beaches and shorelines. Sea turtle
conservation practices are essential in sustaining and rebuilding sea turtle populations. Sea turtles
serve a crucial purpose in preserving healthy ocean ecosystems by maintaining healthy seagrass
beds and productive coral reef ecosystems, transporting essential nutrients from the oceans to
beaches and coastal dunes, all of which help provide key habitat for other marine life and balance
marine food webs. All sea turtle species are federally protected under the Endangered Species Act
of 1973. Disorienting turtles with artificial lighting is a violation of the Act and could result in fines
of up to $25,000 per hatchling.
The purpose of these lighting regulations is to reduce the potential impact of artificial coastal
lighting on nesting sea turtles and hatchlings by restricting artificial lighting that may detour
mature sea turtles and disorient sea turtle hatchlings, causing them to crawl toward land rather
than toward the Gulf. Hatchlings have an instinctive response to crawl toward a light source that
helps lead them seaward on naturally lighted beaches. The apparent brightness and glare of
artificial lighting is what often leads hatchlings astray, resulting in the death of thousands of
hatchlings each year in Alabama and neighboring states. These regulations are intended to provide
conservation standards that will achieve overall improvements in Dauphin Island’s nesting habitats
that are currently degraded by light pollution, while increasing successful production of hatchlings
without jeopardizing public safety or the security of persons or property.
Appropriate turtle lighting is required for certain areas of Dauphin Island where there is the
potential sea turtle activity in order to ensure the light sources from these areas don’t create a
hazard for sea turtles and interrupt their natural instinctive behaviors. Light sources that create a
potential hazard for sea turtles are considered "light fixtures that are directly, indirectly or
cumulatively visible from the beach." This means the exact places and light sources on the Island
will vary, as some lights will be adequately shielded from the beach, while others may be visible.
The following regulations apply to all new coastal construction projects and existing structures
located on seaward side of coastal parcels as well as all parcels west of St. Denis Court located on
the north and south side of Bienville Boulevard. See Figure 6.1: Turtle Lighting Boundary Map
below. The boundary areas where the following turtle lighting regulations apply are all structures
that are beachfront, front, side, and rear of the structure, and all parcels west of and on Dauphin

Island in efforts to provide protection for nesting sea turtle activities and promote the production
of sea turtle hatchlings on the Island.
§ 6.10.1 LIGHTING STANDARDS FOR NEW CONSTRUCTION

Although a naturally dark environment is the only way of fully protecting sea turtles from light
pollution, “turtle-friendly” lighting fixtures can effectively reduce light pollution in areas where sea
turtle nesting activities occur. Unlike the light emitted from standard lighting fixtures, lighting that
is considered to be “turtle friendly” is set to a peak wavelength of 560 nanometers or greater. This
is a crucial element because this specific range ensures that the light is not visible to sea turtles.
When installing new or modifying existing lights, the Fish and Wildlife Commission mandates that
an effective and proper turtle light fixture must be “Low-Shielded- Long” in order to be
considered “turtle-friendly”. All three must be used in combination to be effective, as they are all
equally important.
1. KEEP IT LOW
• Fixtures must be mounted as low as possible to achieve required light levels.
• Bulbs must produce the lowest wattage/lumens necessary for the needed purpose
2. KEEP IT SHIELDED
• Fixtures must be completely downward-directed.
• Fixtures must shield the bulb, lamp, or glowing lens from the beach and other areas where
nesting sea turtle activities occur.
3. KEEP IT LONG
• Lamp/Bulb must produce only long wavelength light (560 nanometers or greater, which is
amber, orange, or red)
A turtle light fixture is defined as a lighting fixture with a bulb that produces light with a wavelength
of 560 nanometers (nm) or higher, see Article 2: Definition of Terms.

FIGURE 6.1: TURTLE LIGHTING BOUNDARY MAP

§ 6.10.2 MODEL STANDARDS FOR NEW CONSTRUCTION

In order to protect nesting sea turtles and their hatchlings, the following standards for artificial
light sources on all new coastal construction are as follows:
1. All external artificial light sources shall be designed for and positioned so that:
• The point source of light or any reflective surface of the light fixture
is not directly visible from the beach;
• Areas on the seaward side of beach front properties are not directly
or indirectly illuminated;
• Areas on the seaward side of beach front properties shall be
properly shielded.
2. Each exterior light fixture on the beachfront where the point source of light is visible from
the beach shall be either:
• A turtle light fixture mounted as low as practicable for its intended
application and containing only one or more turtle lamps, or
• Disconnected at all times during marine turtle nesting season.
3. Each exterior light fixture on the beachfront and not in line-of-sight from the beach but
which causes light to be reflected off a surface, which is visible from the beach, shall be
either:
• A turtle light fixture, or
• Disconnected at all times during marine turtle nesting season.
4. All exterior artificial light fixtures within direct line-of-sight of the beach will be permitted
only if they are recessed fixtures having forty (40) watts (480 lumens) or less, bug light
bulbs, compact fluorescent bulbs, or red or amber LED bulbs. Other fixtures that have
appropriate shields, louvers, or cutoff features may also be used. The use of motion
detector switches that keep lights off except when approached and that switch lights on
for the minimum duration possible are preferred.
5. Floodlights, up-lighting, or spotlights that are directly visible from the beach, or which
indirectly or cumulatively illuminate the beach are prohibited.
6. Only eyelid or louvered step lights, or equivalent, shall be allowed on dune walkovers.
7. Exterior lights used expressly for safety or security purposes must comply with these and
shall be limited to the minimum number of configurations required to achieve their
functional roles.
8. Parking lot or other exterior lighting shall be shielded from the beach by buildings or other
ground-level barriers to the maximum extent and shall be designed and located to prevent
vehicular headlights from producing light that is directly, indirectly or cumulatively visible
from the beach. This can include the use of vegetation, natural features, or artificial
structures rising from the ground. Ground-level barriers must not interfere with sea turtle
nesting or hatchling emergence, or cause short or long-term damage to the beach and/or
dune system.
9. Notwithstanding the forgoing, parking lot or vehicle access area light fixtures on the
beachfront and which are in line-of-sight from the beach may use turtle light fixtures with

low pressure sodium lamps, provided that additional shielding is installed if the point
source is visible from the beach so that the point source is not visible from the beach.
10. Street lighting on public or private streets shall comply with the standards imposed in this
section, with the exception that appropriately shielded, full cut-off feature, high-pressure
sodium lights may be installed.
11. Lighting of roadways and parking areas shall produce no more lighting than the minimum
requirement as outlined by federal, state and local law. Lighting shall consist of either:
a. Ground-level downward-directed fixtures, equipped with interior dark-
colored, non-reflective baffles or louvers, mounted either with a wall
mount, on walls or piles, facing away from the beach, or
b. Bollard-type fixtures, which do not extend more than 42 inches above
the adjacent floor or deck, equipped with downward-directed louvers
that completely hide the light source, and externally shielded on the side
facing the beach, or
c. Pole-mounted lights, if required, shall only be used in parking areas and
roadways when mounting the lights at lower elevations cannot practically
comply with minimum light levels set forth in applicable federal and state
laws designed to protect public safety.
If required, pole-mounted lights shall be:
i. Located on the landward side of buildings and shall not
produce light that is directly, indirectly or cumulatively
visible from any portion of the beach,
ii. Mounted at the minimum height required to meet the
minimum light level requirement, and
iii. Downward-directed onto non-reflective surfaces.
12. All glass windows, walls, railings and doors on the seaward and shore perpendicular sides
of any new construction shall use tinted glass with an inside to outside light transmittance
value of 45% or less, with 15% light transmittance being ideal.
13. Lighting of pool decks, pool facilities, swimming pools and spas shall be long wavelength
and fully shielded, and shall otherwise adhere to the applicable requirements for
acceptable light fixtures contained in this document.
14. Lighting of beach access points shall be located and configured to only illuminate areas
landward of the beach and frontal dune. All lighting of beach access points shall be long
wavelength, downward-directed, full cutoff and fully shielded, and shall not be directly,
indirectly or cumulatively visible from the beach.
15. All lighted signs on the beachfront and which are in line-of sight from the beach shall be
externally illuminated from above (downward) with full cut-off fixtures.
16. Temporary lighting of construction sites during nesting season shall be restricted to the
minimal amount necessary and shall incorporate all of the standards of this section.

17. In addition to the forgoing mandatory requirements, in order to minimize light emanating
from interior spaces, compliance with one or more of the following is recommended:
• Install and use window treatments (shades, blinds, etc.) to shield
interior lights from the beach at night during marine turtle nesting,
• Rearrange lamps and other moveable light fixtures away from
windows, and
• Turn off unnecessary lights.
§ 6.10.3 MODEL STANDARDS FOR EXISTING STRUCTURES

In order to protect nesting sea turtles and their hatchlings, the following standards for artificial
light sources for existing structures when they are renovated shall adhere to the following:
1. Reduce or eliminate the negative effects of existing artificial light fixtures through
the following measures:
a. Reposition, modify or remove light fixtures so that the point source of light
or any reflective surface of the light fixture is no longer directly, indirectly,
or cumulatively visible from the beach,
b. Replace fixtures having an exposed light source with fully shielded fixtures;
c. Replace any light source, light bulb or lamp that is not long-wavelength
(e.g. incandescent, fluorescent, or high intensity lighting) with the lowest
wattage, long wavelength (amber or red LED bulbs) light source or lamp
available for the specific application;
d. Replace non-directional fixtures with directional fixtures that point down and
away from the beach;
e. Provide shields for fixtures visible from the beach and are not practical to
immediately replace. Shields should cover an arc of 270 degrees and extending an
appropriate distance below the bottom edge of the fixture on the seaward side so
that the light source or any reflective surface of the light fixture is not visible from
the beach;
f. Replace pole lamps with low-profile, low-level luminaries so that the light source
or any reflective surface of the light fixture is not visible from the beach;
g. Plant or improve vegetation buffers between the light source and the beach to
screen light from the beach;
h. Construct a ground level barrier to shield light sources from the beach. Ground-
level barriers must not interfere with sea turtle nesting or hatchling emergence, or
cause short- or long- term damage to the beach/dune system; and,
i. Permanently remove or permanently disable any fixture which cannot be brought
into compliance with the provisions of these standards.
2. The following measures shall be taken to reduce or eliminate the negative effects of
interior light emanating from doors and windows within line-of-sight of the beach:
a. Apply window tint or film with a light transmittance value of 45% or lower, with
15% light transmittance being ideal;

b. Rearrange lamps and other moveable fixtures away from windows;

c. Use window treatments (e.g., blinds, curtains) to shield interior lights from the
beach; and,
d. Turn off unnecessary lights.
§ 6.10.4 LIGHTING FROM NON-BEACHFRONT PROPERTIES VISIBLE FROM BEACH

Due to the orientation of the Island, many properties on Dauphin Island although not
directly beachfront, are within close proximity to the beach. Light sources from these non-
beachfront properties may be visible from the beach and could potentially create a hazard
for nesting and hatchling sea turtles. When this occurs, any outdoor lighting visible from
the beach should be modified so that they meet proper turtle lighting standards. This can
be accomplished in several ways including:
• switching the bulb to an amber, orange, or red LED;
• adding shielding; and/or,
• re-positioning the light to face downward and away from the beach.
If the fixture can’t be sufficiently modified, it can be replaced with a Wildlife Lighting
Certified fixture. For a complete list of fixtures and lighting that has been tested and
approved by the US Fish and Wildlife Service, visit:
https://myfwc.com/conservation/you-conserve/lighting/criteria/certified/
The list of lighting fixtures is intended to act as a resource to assist in identifying fixtures
and lamps that have been certified through the Wildlife Lighting Certification Program.
SECTION 6 .11 OFF-STREET LOADING & UNLOADING

Off-Street Loading:
In any non-residential zoning district, in connection with all buildings, or building group or part
thereof hereafter erected and having a gross floor area of twenty-five thousand (25,000) square
feet or more, which is occupied by any commercial use requiring the receipt or distribution of
goods by trucks, there shall be provided off-street loading or unloading berths as follows:
Gross Floor Area Number of Berths

25,000 – 40,000 square feet 1 berths
40,001 – 60,000 square feet 2 berths
For each additional 50,000 square feet 1 berth shall be required. The loading berth(s) required in
each instance shall not be less than twelve (12) feet in width, thirty (30) feet in length, and
fourteen (14) feet in height, and may occupy all or any part of any required yard except for a
required front yard or water front yard; provided, however, that the loading berth(s) shall be
screened from the street or public way.
SECTION 6 .12 CURB CUTS & VISION CLEARANCE

• Curb cuts. No curb cut shall exceed fifty (50) feet in length, nor shall curb cuts be closer

than fifty (50) feet to other curb cuts or closer than fifty (50) feet to any intersection of
two (2) streets measured along the curb line.
• Vision Clearance. In all zoning districts, no fence, wall, shrubbery, sign, marquee, or other
obstruction to vision between the heights of two and one-half (2 ½) and ten (10) feet
from the street level shall be permitted within twenty (20) feet of the intersection of the
right-of-way lines of two (2) streets. To ensure vision clearance at all intersections, no
fence, wall, hedge, screen, structure, vegetation, or planting shall be higher than two and
a half (2 ½) feet on any corner lot within the Clear Vision Zone, which is the triangular
area formed by the intersecting street right-of-way lines and a straight line joining the
two street lines at points which are twenty (20) feet distant from the point of
intersection, measured along the street right-of-way lines, see figure below. Any side,
front, or rear yard fence outside the Clear Vision Zone shall not exceed the maximum
height required in this section. Trees may be planted in this triangular area, provided that
the lowest foliage is ten (10) feet or higher from the ground.
VISION CLEARANCE
Corner Lot 2 ½ ‘ max. height
Street Intersection
Corner Lot Corner Lot


ARTICLE 7
Building Standards & Construction Guidelines
§ 7.1 BUILDLING HEIGHT

§ 7.2 MINIMUM SQUARE FOOTAGE
§ 7.3 WATER & SEWER CONNECTIONS
§ 7.4 REQUIRED CONSTRUCTION & ENGINEERING PLANS
§ 7.5 EROSION & SEDIMENT CONTROL PLAN
§ 7.6 DRAINAGE & STORMWATER MANAGEMENT PLAN
§ 7.7 UTILITY PLAN
§ 7.8 LOW IMPACT DEVELOPMENT (LID)
§ 7.9 DEVELOPMENT IN ENVIRONMENTALLY SENSITIVE AREAS
§ 7.10 DUNE PROTECTION OVERLAY DISTRICT BUILDING REQUIREMENTS
§ 7.11 TREE PROTECTION REQUIREMENTS
§ 7.12 DESIGN GUIDELINES & BUILDING REQUIREMENTS IN ABOD
§ 7.13 CONSTRUCTION CONTROL LINE (CCL) STANDARDS
SECTION 7.1 BUILDING HEIGHT REQUIREMENTS

No building shall hereafter be erected, constructed, or altered so as to exceed the height requirement
specified in the regulations for the zoning district in which the development is to occur, except as
otherwise provided herein.
Figure 7.1: Measuring Building Height
§ 7.1.1 HEIGHT MEASUREMENTS
Building heights shall be measured from the
average finished grade plus an additional two ⎯⎯ HIGHEST POINT OF
STRUCTURE
(2) feet freeboard, to the highest point of the
structure, see Figure 7.1. Building heights for
structures built on pilings are measured in the
same way. Structures located in a Special Flood ⎯⎯ BASE FLOOD
Hazard Area (SFHA) must be elevated above ELEVATION (BFE)
(+ addition 2’ freeboard)
the average finished grade to a height specific
to the flood zone in which the property is  AVERAGE FINISHED
GRADE
located per FEMA requirements. Mechanical (+ addition 2’ freeboard)
equipment, chimneys, air conditioners, church
spires/steeples, and other similar structures COASTAL PILING FOUNDATION
that are appurtenant to a building are not
exempt from height restrictions.
§ 7.1.2 EXEMPT FROM HEIGHT REQUIREMENTS

The maximum height restrictions for each of the zoning districts shall not apply to stand-alone
cellular towers and any community-owned water tower and/or other similar structure and

Article 7 | Building Standards & Construction Guidelines
facility provided the exemption has first been approved by the Planning Commission.
§ 7.1.3 TOWN FREEBOARD REQUIREMENT

The Town’s freeboard requirement is a factor of safety expressed in feet above the Base
Flood Elevation (BFE) for purposes of floodplain management to compensate for the many
unknown factors that could contribute to flood heights greater than the height calculated
for a selected size flood and floodway conditions. It is used to determine the level for a
building's lowest floor elevation or level of floodproofing required to be in compliance with
the community's floodplain management regulations. The current freeboard requirement
for the Town of Dauphin Island is an additional two (2) feet above BFE.
§ 7.1.4 ELEVATION REQUIREMENTS IN THE SFHA

When a property is located in a Special Flood Hazard Area (SFHA), additional elevation and
construction standards are required to ensure the structure is built to withstand and be
protected from flood waters. For more instructions on building within a SFHA, see Section
7.9 of this Article. Structures which are located in a (SFHA) must be elevated above the
average finished grade to a height specific to the flood zone in which the property is
located per FEMA requirements, see Flood Zone Map in Article 4 of this Ordinance. The
SFHA is defined by the Federal Emergency Management Agency (FEMA) as the land area
covered by floodwaters of the base flood. Additionally, the SFHA is the area where the
National Flood Insurance Program's (NFIPs) floodplain management regulations must be
enforced and the area where the mandatory purchase of flood insurance may apply. On
FEMA’s Flood Insurance Rate Maps (FIRMs), the specific flood zones currently classified on
Dauphin Island are AE, VE, and X. All properties located in a SFHA shall adhere to the
following provisions in addition to satisfying the mandatory requirements listed in Dauphin
Island’s Flood Damage Prevention Ordinance No. 55A.
1. Land Within Floodways. Land within a designated floodway shall not be platted for
residential occupancy or building sites, as defined in the definitions section of this
document.
2. Fill. Fill may not be used to raise land in the designated floodway. In other areas
subject to flooding, fill may be used provided that proposed fill does not restrict
the flow of water and unduly increase flood heights and/or redirect stormwater to
adjacent properties. The maximum allowance of fill is limited to one (1) foot
elevation of the original average finished grade.
3. Development in Flood Prone Areas. Other flood prone areas not located within a
floodway shall not be platted as lots unless the developer demonstrates to
the satisfaction of the Building Official and Planning Commission, that the property
in question is free from the danger of inundation by the base flood or that
remedial measures have been taken to allow the watercourse to safely
accommodate the base flood. The developer shall submit such data or studies
based on the watershed characteristics, probable runoff, and other

topographic and hydraulic data prepared by an Alabama licensed professional

engineer as needed to determine the flood susceptibility of the property.
4. Flood prone areas along existing watercourses shall be preserved and retained in
their natural state within a common area or drainage easement, except where
improvements are warranted as may be proposed by the applicant and
approved by the Planning Commission.
5. New construction, outbuildings, storage and/or accessory buildings, and
substantial improvements of existing structures shall be anchored to prevent
flotation, collapse or lateral movement of the structure; and shall be constructed
with materials and utility equipment resistant to flood damage by methods
and practices that minimize flood damage to the subject or other properties;
6. Elevated buildings. All new construction or substantial improvements of existing
structures that include any fully enclosed area located below the lowest floor
formed by foundation and other exterior walls shall be designed so as to be
an unfinished or flood-resistant enclosure. The enclosure shall be designed to
equalize hydrostatic flood forces on exterior walls by allowing for the automatic
entry and exit of floodwaters. Designs for complying with this lowest floor
requirement must either be certified by a professional engineer or architect and
meet the following minimum criteria.
• Provide a minimum of two (2) openings (on opposing walls) having a total net
area of not less than one square inch for every square foot of enclosed area
subject to flooding;
• The bottom of all openings shall be no higher than one-foot above grade; and
• Openings may be equipped with screens, louvers, valves or other coverings or
devices provided they permit the automatic flow of floodwater in both
directions.
7. So as not to violate the lowest floor criteria of this article, the unfinished or flood-
resistant enclosure shall only be used for parking of vehicles, limited storage
of maintenance equipment used in connection with the premises, or entry
to the elevated area. The interior portion of such enclosed area shall not be
partitioned or finished into separate rooms.
8. All heating and air-conditioning equipment and components, all electrical,
ventilation, plumbing, and other service facilities shall be designed and/or located
so as to prevent water from entering or accumulating within the components
during conditions of flooding.
9. Manufactured Homes. Manufactured homes shall be anchored to prevent
flotation, collapse, or lateral movement. Methods of anchoring may include,
but are not limited to, use of over-the-top or frame ties to ground anchors.
This standard shall be in addition to and consistent with applicable state
requirements for resisting wind forces.
10. New and replacement water supply systems shall be designed to minimize or
eliminate infiltration of floodwaters into the system;

11. New and replacement sanitary sewage systems shall be designed to minimize or
eliminate infiltration of floodwaters into the systems and discharges from the
systems into floodwaters; and
12. Any alteration, repair, reconstruction or improvement to a structure which is not
compliant with the provisions of this article, shall be undertaken only if the
nonconformity is not furthered, extended or replaced.
SECTION 7.2 MINIMUM SQUARE FOOTAGE REQUIREMENT

The minimum amount of square footage required for any residential structure and/or residential
dwelling unit is six hundred (600) square feet per dwelling unit per floor.
SECTION 7.3 WATER & SEWER CONNECTIONS

• Structures, buildings or uses requiring the disposal of sewage shall be connected to the
municipal sewage treatment and collection system.
• Septic tanks and fields as a method of waste disposal are prohibited.
• New developments on individual lots in all zoning districts must connect to public water
and sewer systems. In the event that a property owner has an existing or wishes to install
an on-site well for irrigation purposes, this activity shall be allowed after obtaining approval
from the Building Official.
SECTION 7.4 REQUIRED CONSTRUCTION & ENGINEERING PLANS

All applications for new construction projects involving the installation of new drainage
infrastructure and/or utilities must be accompanied by construction and/or engineering plans.
Such plans shall be prepared by a licensed engineer registered in the State of Alabama. No permit
for such project may proceed until the construction/engineering plans have been approved by the
Town Building Official and Town Engineer. The Town Engineer shall determine that reasonable
provisions for properly handling surface drainage have been made in the applicant’s design.
Installation of public utilities, including but not limited to water, sewer, power, telephone,
television cable, and gas, shall be in accordance with the respective utility’s standard
specifications. Coordination with each utility shall be the responsibility of the Developer.
The required construction/engineering plans include the following and shall provide the following:
1. EROSION CONTROL PLAN - Erosion Control Plans showing details and specifications that
describe the measures and Best Management Practices which are proposed to control site
erosion and soil stabilization methods implemented during and after construction as
required by this Ordinance. This shall include a complete erosion control plan.
2. DRAINAGE PLAN- Drainage Plans showing details and specifications that describe the
measures proposed to manage and control stormwater runoff. This shall include an overall
drainage plan prepared by a registered professional engineer, including proposed method
of storm water detention and means of controlling erosion, wetlands disturbance, or other

inundation during and after construction. Any portion of the land in or near the proposed
development subject to periodic inundation by storm drainage, overflow or ponding shall
be clearly identified on the plan. Lands lying within the Special Flood Hazard Area (SFHA),
shall be clearly identified on the plan. Storm-water detention facilities shall be shown in
the plans and calculations provided.
3. UTILITY PLAN - Utility Plans showing detailed layouts, specifications, and feasible
connections for the proposed water supply, sewage disposal and fire protection as
applicable. This shall include an overall utility plan showing pipe sizes and the location of
valves and fire hydrants, and powerlines above or below ground.
SECTION 7.5 EROSION & SEDIMENT CONTROL PLAN

During the construction process, disturbed soils are highly vulnerable to erosion by wind and
water. Eroded soil endangers water resources by reducing water quality and causing the siltation
of aquatic habitat for fish and other desirable species. Accelerated erosion can occur during storm
events with an inundation of rain and stormwater runoff with a proportionate increase in visible
erosion, scour and siltation both within and outside of the construction site. Eroded soils also
necessitate repair of sewers and ditches and the dredging of adjacent waterbodies. Additionally,
clearing and grading activities during construction cause the loss of native vegetation necessary
for soil stabilization as well as terrestrial and aquatic habitat. As a result, all new construction
activities are required to submit an Erosion and Sediment Control Plan in efforts to safeguard
adjacent properties, roadways, and waterbodies, and to prevent damage to the environment on
and around Dauphin Island.
Erosion and Sediment Control involves the implementation of site-specific Best Management
Practices (BMPs) to ensure that sediment and construction debris do not leave construction sites.
The Town of Dauphin Island Building Official’s Office is responsible for inspecting all permitted
construction sites in the town to ensure compliance. If a site has re-occurring non-compliance
findings, the Town of Dauphin Island can declare the finding to be in violation of the Zoning
Ordinance and enforce daily fines to the contractor and/or owner or issue a stop work order until
site conditions reach compliance status.
The following provisions identify requirements of persons engaged in land disturbing activities
which require planning and implementation of effective sedimentation controls for development
sites. All new construction developments must adhere to the design, implementation,
maintenance, and inspection of adequate, effective Best Management Practices (BMP’s) for the
control and management of erosion and sedimentation.
An Erosion and Sedimentation Control Plan is may be required for all land disturbing activities
subject to the Town of Dauphin Island Land Disturbance Ordinance. An Erosion and Sedimentation
Control Plan may also be required for new construction projects on a developed lot at the
discretion of the Building Official. All of the erosion and sedimentation control measures as
specified on the approved plans shall be in place prior to the town issuing a Land Disturbance
Permit and the applicant commencing construction. Best Management Practices (BMPs)
implemented pursuant to the requirements should be in accordance with the Alabama Handbook

for Erosion Control, Sediment Control, and Storm Water Management on Construction Sites and
Urban Areas (www.swcc.state.al.us).
§7.5.1 DURING CONSTRUCTION REQUIREMENTS

An Erosion and Sedimentation Control Plan shall be a part of the construction plans for all
new major construction projects and shall be subject to review and approval by the Town
Engineer and filed with, and approved by the Town’s Building Official prior to the
commencement of any major construction activity.
§7.5.2 PROTECTION OF PROPERTY AND TREES

Persons engaged in land-disturbing activities shall take all reasonable measures to protect
all public and private property, including roadways and waterways, from damage by such
activities. Additionally, tree protection measures during the construction phase must be
implemented to ensure no tree is damaged or destroyed.
§7.5.3 MORE RESTRICTIVE RULES SHALL APPLY

Whenever there is a difference between Federal, State, or Local Laws, Ordinances, Rules
and Regulations, Orders, and Decrees the more restrictive provision shall apply.
§7.5.4 EROSION CONTROL OBJECTIVES

The basic control objectives which should be considered in developing and
implementing an erosion and sedimentation control plan are to:
• Identify Critical Areas. On-site areas which are subject to severe erosion, and off-site
areas which are especially vulnerable to damage from erosion and/or sedimentation,
are to be identified and receive special attention.
• Limit Exposed Areas. All land-disturbing activities should be planned and conducted
to minimize the size of the area to be exposed at any one time. The removal of trees
and clear cutting are restricted as a means of minimizing erosion and sedimentation.
• Limit Time of Exposure. All land-disturbing activities should be planned and conducted
to limit exposure to the shortest feasible time. Per ADEM requirements, any land area
not actively worked for thirteen (13) days or more, and any area where construction
activities have permanently ceased, are to be immediately stabilized per ADEM
requirements.
• Control Surface Water. Surface water runoff originating from newly exposed areas
should be controlled to reduce erosion and sediment loss during the period of
exposure.
• Control Sedimentation. All land-disturbing activities should be planned and conducted
so as to minimize off-site sedimentation damage as per standards listed in the Alabama
Handbook for Erosion Control, Sediment Control, and Stormwater Management on
Construction Sites and Urban Areas.
• Protect Adjacent Properties, Roadways, and Waterbodies. Surface waters, storm
waters, and sediments must not drain on to or encroach upon any properties,
roadways, or waterbodies adjacent to the construction site. The Erosion and Sediment

Control Plan must demonstrate details of surface water and storm water conveyance
and discharge from the construction site as well as methods for capturing and retaining
sediments on the construction site. It is a violation of this Ordinance to flood a
neighboring property or release stormwater runoff directly into an adjacent
waterbody. If found in violation of this action, the town will issue a cease-and-desist
order and daily fines will be imposed on the applicant until the action is rectified.
• Management of Stormwater Runoff Rates. When the increase in the peak rates and
velocity of storm water runoff resulting from a land-disturbing activity is sufficient to
cause damaging accelerated erosion of the receiving ditch, channel, swale, or stream,
plans shall include low impact development (LID) measures listed in ADEM’s Low
Impact Development (LID) Handbook for the State of Alabama to control both the
velocity and rate of release so as to minimize accelerated erosion and increased
sedimentation of the ditch or stream channel. A list of required LID standards is listed
in Section 16 of this Article.
§7.5.5 EROSION CONTROL DESIGN MANDATORY STANDARDS

No land-disturbing activity subject to these provisions and requirements shall be
undertaken except in accordance with the following mandatory requirements.
1. No land-disturbing activity or construction shall be permitted in proximity to a

waterbody, natural watercourse, or wetland unless an undisturbed natural buffer
zone is provided. A protective buffer for wetlands bordering salt or brackish bodies of
water, the buffer shall be a minimum of thirty feet (30’). For wetlands surrounded by
upland or bordering small creeks or lakes, the buffer shall be a minimum of ten feet
(10’).
A. Allowable uses in the buffer include:
• flood control structures;
• utility easements as deemed necessary and approved by the Planning
Commission;
• natural footpaths;
• greenways;
• pedestrian and bikeway crossings perpendicular to the waterside,
including approaches, dock and ramp access, and other uses as determined
by the Planning Commission.
B. The vegetated target for the buffer shall be undisturbed natural vegetation.
Any of the allowable uses shall be designed and constructed to minimize
clearing, grading, erosion, and water quality degradation.
C. Land within the buffer can serve to meet the minimum lot requirements.
D. In order to maintain the functional value of the buffer: dead, diseased, or
dying trees that are in danger of falling and causing damage to dwellings or
other structures may be removed at the discretion of the landowner; debris
in the buffer that is a result of storm damage may be removed; and, invasive
plant species may be removed if they are replaced by native species.

E. Stream and/or wetland boundaries including each buffer zone must be clearly
delineated on the Erosion and Sediment Control Plan, Stormwater
Management Plan, and Site Plan.
F. Buffers must be specified on all surveys and recorded plats and noted on
individual deeds. Buffer requirements must be referenced in property owner’s
association documents and shall be labeled on the plat.
2. The angle for graded slopes and fills shall be no greater than the angle which can be
retained by vegetative cover or other adequate erosion control devices or structures.
In any event, slopes left exposed will, within the shortest feasible time of feasible
grading, be planted or otherwise provided with ground cover, devices, or structures.
§7.5.6 DESIGN AND PERFORMANCE STANDARDS

Erosion and sedimentation control measures, structures, and devices shall be so planned
to best management practices, designed, and constructed as to provide control from the
calculated peak rates of runoff from a 25-year storm event. Runoff rates may be calculated
using the procedures in the USDA, Soil Conservation Service's "National Engineering Field
Manual for Conservation Practices", or other acceptable calculation procedures. Runoff
computations shall be based on rainfall data published by the National Weather Service
for the area. Persons engaged in planning, designing, installing and maintaining
sedimentation control measures may use generally accepted references on the subject
following standard engineering and/or practices such as the Alabama Soil Conservation
Service manual for standards and specifications for erosion control. All plans will be subject
to review and approval by the Town Engineer.
§7.5.7 PERMANENT DOWNSTREAM PROTECTION OF STREAM BANKS AND CHANNELS

Provision may be required for the permanent protection of on-site or adjacent bodies of
water, stream banks, and/or channels from the erosive effects of increased velocity and
volume of storm water runoff resulting from certain land-disturbing activities. These can
include, but are not limited to, slope paving, rip rap, energy dissipaters, solid sodding, and
grassing.
§7.5.8 BORROW AND WASTE AREAS

When the person conducting the land-disturbing activity is also the person conducting the
borrow or waste disposal activity, areas from which borrow is obtained shall be considered
a part of the land-disturbing activity where the borrow material is being used or from which
the waste material originated. When the person conducting the land-disturbing activity is
not the person obtaining the borrow and/or disposing of the waste, these areas shall be
considered a separate land-disturbing activity.
§7.5.9 ACCESS AND HAUL ROADS

Temporary access and haul roads, other than public roads, constructed or used in
connection with land-disturbing activity shall be considered a part of such activity. The

developer shall create a construction entrance for all construction vehicles to access the
subdivision during all phases of construction. The developer is responsible for any and all
damage that occurs to existing streets or other existing public improvements and shall
repair any such damages to the satisfaction of the Building Official.
§7.5.10 OPERATIONS IN LAKES OR NATURAL WATERCOURSES

Land-disturbing activity in connection with construction, in, on, over, or under a lake or
natural water course shall be planned and conducted in such a manner as to minimize the
extent and duration of disturbance of the stream channel. The relocation of a stream,
where relocation is an essential part of the proposed activity, shall be planned and
executed so as to minimize changes in the stream flow characteristics, except when
justification for significant alteration to flow characteristic is provided.
1. In any event, slopes left exposed shall within thirty (30) working days of completion of
final grading be planted or otherwise provided with ground cover, devices, or
structures sufficient to restrain erosion.
2. Whenever land-disturbing activity is undertaken on a tract comprising more than one
(1) acre, if more than one (1) contiguous acre is uncovered, a ground cover sufficient to
restrain erosion must be planted or otherwise provided within thirty (30) working days
on the portion of the tract upon which further active construction is not being
undertaken, provided this activity shall not apply to cleared land forming the basin of
a reservoir later to be inundated.
§7.5.11 EROSION CONTROL PLAN REQUIREMENTS

The project Engineer shall submit an erosion and sediment control plan for review and
approval to the Building Official and Town Engineer. Said plan shall be prepared by a
Qualified Credentialed Professional (QCP) such as a Professional Engineer (PE) or a
Certified Professional in Erosion and Sediment Control (CPESSC), as required by ADEM,
licensed in the State of Alabama. If the Town determines, upon review of such plan that a
significant risk of off-site sedimentation or erosion exists, it will require a revised plan to
be prepared. An Erosion Control Plan shall show the required items as follows:
1. Erosion and sediment control plans shall contain architectural and/or engineering
drawings, maps, assumptions, calculations, and narrative statements as needed to
describe adequately the proposed development of the site and the measures planned
to meet best management practices (BMP’s). Plan content may vary to meet the needs
of specific site conditions. Major construction projects shall include the proposed
stages of construction and the proposed erosion and sediment control measures
proposed to be used in each different stage of construction.
2. Major construction projects shall include data on historical runoff, developed runoff,
detention pond details, and method of discharge.
3. Major construction projects shall include an Operations and Maintenance (O&M) Plan
and Agreement for maintenance of detention facilities and other storm water quantity
and quality BMPs during development and documents providing for continued

inspection and maintenance after completion of development and sale of all lots, such
documents running as a covenant with the lands. An Operations and Maintenance
Agreement shall include the following items:
• An Operations and Maintenance (O&M) Agreement signed by the developer or
owner for any required detention facilities or other storm water quantity and
quality BMPs must be submitted with the proposed plans. The agreement must
contain a long-term maintenance plan prepared by the design engineer for each
BMP. The maintenance plan must include a description of the storm water
conveyance system and its components, inspection priorities, schematics for each
BMP, and inspection schedule for each water quantity and quality BMP. The O&M
Agreement must be recorded prior to final plans approval. If the final configuration
of the storm water system or BMPs differs from the original design on the approved
plans, the O&M Agreement must be revised, finalized, and rerecorded. Failure to
follow the O&M Agreement could result in enforcement action.
• The long-term maintenance plan within the O&M Agreement contains the inspection
priorities and schedule for the storm water BMPs. The owner is responsible for
inspecting the storm water system and BMPs according to the schedule and
submitting reports to the Building Official every three (3) years to document that
inspections have been completed and necessary maintenance has been
performed.
• Prior to the full release of the performance bond for any new or substantially
improved storm water facilities, an Alabama registered engineer shall submit to the
Building Official certification that the proposed storm water management system
and BMPs for the development are complete and functional in accordance with the
approved plans and shall also provide as-built drawings for the storm water
management systems and BMPs.
SECTION 7.6 DRAINAGE PLANS & STORMWATER MANAGEMENT

Stormwater Runoff is defined as: the flow of water resulting from precipitation that flows over the
surface or as concentrated flow in ditches, channels, storm sewers, or watercourses.
Stormwater runoff is generated when water from rain or other precipitation flows over land or
impervious surfaces (such as paved streets, parking lots, and building rooftops) and does not seep
into the ground. As this runoff flows, it accumulates debris, chemicals, sediment, and other
pollutants that could harm water quality if it is discharged untreated into our local water bodies.
Non-point source (NPS) pollution is defined as pollutants in waters that are discharged into a
waterbody through an unconfined or non-specific conveyance. Non-point sources of pollution are
the primary contributing factor to the majority of the areas water quality issues, and stormwater
runoff is the main delivery system of pollutants to our waterways. Since these pollutants have
harmful effects on drinking water supplies, recreation, fisheries and wildlife, they must be
regulated and the regulations must be strictly enforced.
A storm water management plan is required for all major construction and/or subdivision projects

involving the installation of new drainage infrastructure. Such plan shall be prepared by a licensed
engineer registered in the State of Alabama and shall be submitted in conjunction with an
application. All construction methods for drainage facilities shall be in accordance with the
Alabama Handbook for Erosion Control, Sediment Control, and Storm Water Management on
Construction Sites and Urban Areas (www.swcc.state.al.us). No land disturbance or construction
for such project may proceed until the construction plans have been approved by the Town
Building Official and Engineer. The Town Engineer shall determine that reasonable provisions for
properly handling surface drainage have been made in the applicant’s design.
• Stormwater Management Plan Submission Requirement

A site plan shall be submitted with the drainage plan. Any site plan which does not make
adequate provision for storm or flood water runoff channels or basins will not be approved.
The storm water drainage system shall be separate and independent of any sanitary sewer
system. All plans submitted shall bear the seal, original signature, name, address,
telephone number, and certification of the project engineer, who shall be registered to
practice as a Professional Engineer in the State of Alabama and who is qualified by reason
of education and experience in the field of stormwater management.
• Erosion Control Plan Required
An erosion and sedimentation control plan shall be a part of the construction plans and
shall be filed with the Town Building Official, or his/her designee prior to the
commencement of any land-disturbing activity including but not limited to tree cutting and
root removal.
§7.6.1 STORMWATER DRAINAGE PLAN REQUIREMENTS

The Developer’s Engineer shall submit detailed drainage plans to the Town for review and
approval. A Drainage Plan shall show adequate provision for storm and flood water control by
channel, conduit or basins, which takes into account the ultimate or saturated development
of the tributary area in which the proposed development site or subdivision is to be located.
Said plans shall be prepared by a Professional Engineer licensed in the State of Alabama and
shall contain at a minimum, the information listed in this section.
General
• The development site or subdivision shall have an adequate storm water drainage system
that shall accommodate flows from at least a 25-year frequency design storm.
• The developer shall install all drainage structures necessary to convey the water to the
storm drainage system acceptable to the Town Engineer.
• No property development shall allow stormwaters to encroach onto any adjacent property
or waterbody.
• It is a violation of this Ordinance to create any modification to stormwater flows such that
it redirects water onto a neighboring property, which will be subject to daily fines.
• All open drainage ditches shall be designed and stabilized in a manner acceptable to the
Town Engineer.
• List of items required on plan include, but not limited to:
1. Topography map of proposed developed areas;

2. Existing and proposed contours at 2 foot intervals;

3. Existing drainage system, including, but not limited to, pipes, culverts, inlets, ditches,
and ponds;
4. Proposed drainage system, including pipes, culverts, junction boxes, inlets, ditches,
detention and retention facilities, and an outline of the on-site drainage areas for each
inlet and ditch cross-section;
5. Structure location, type and size, and the Inlet and Outlet Flow Line Elevation;
6. Cross-section of each ditch section;
7. Other pertinent information necessary for review of the drainage plans as may be
required by the Town Engineer;
8. Copy of notice of coverage and storm water pollution plan for coverage under the
Alabama Department of Environmental Management (ADEM) for issuance of NPDES
Permit, and permits from any other federal or state agency, where required;
9. A complete erosion and sedimentation control plan showing the requirements listed in
these regulations;
10. All off project drainage, draining onto the subdivision, shall be shown on contour
maps and/or construction plans showing the areas in acres the s ubdivision will have
to accommodate;
§7.6.2 STORMWATER DETENTION FACILITIES REQUIREMENT

Developments which produce an increase in the amount of storm water runoff will be required to
construct stormwater management facilities. The applicant shall submit a design narrative and
complete drainage calculations, including but not limited to, assumptions, maps, and
computations for each inlet, pipe, or ditch section. The design data and calculations shall be
prepared, sealed and submitted by a licensed, professional engineer in the State of Alabama. The
design narrative shall summarize the assumptions, calculations, and results of the design.
Adequate provision shall be made for the disposal of storm waters into existing channels, pipes,
or body of water. The developer shall also include the method of maintenance for the detention
pond after the development is completed.
1. Detention facilities are to be built in conjunction with the storm sewer installation
and/or grading. Since these facilities are intended to control increased runoff, they
must be partially or fully operational prior to the clearing of the vegetation. Silt and
debris connected with early construction shall be removed periodically from the
detention area and control structure in order to maintain close to full storage capacity.
2. The Town of Dauphin Island will not approve development of one site that causes
adverse effect on adjacent property. In some cases, storm water retention or
improvement of existing downstream drainage facilities may be required. The
applicant is urged to contact the Building Official and Town Engineer for a preliminary
discussion on this matter prior to plan submittal.
3. The method of determining stormwater runoff rates shall be based on acceptable
engineering practice and/or these standards.
4. All major construction site developments and/or subdivisions shall provide adequate
storm drainage facilities. Any areas subject to periodic flooding caused by poor

drainage facilities will not be accepted unless the developer makes necessary
provisions to eliminate such flooding.
5. Low-lying lands along existing watercourses subject to flooding or overflowing during
a storm event up to and including the 100-year storm shall be preserved and retained
in their natural state within a common area, except where improvements are
warranted as may be proposed by the applicant and approved by the Planning
Commission.
6. Catch basins and drop inlets shall be constructed if deemed necessary by the Town
Engineer.
7. Post-development release rates shall not exceed pre-development rates. When
feasible, the differential runoff should be less. Provisions shall be made to address 100-
year storm events to ensure that detention facilities survive such events.
8. Detention criteria shall consist of a maximum release rate equivalent to the pre-
development flow from a 10-year storm event. The minimum detention capacity must
be adequate to accommodate the volume of a 50-year post development storm event.
9. Drainage area and peak flow estimates must be provided for each drainage facility, as
well as profiles for all new storm sewers and open ditches, with outlet velocities.
Structural capabilities for all new culverts and storm sewer pipes shall be provided.
10. All outfall structures shall be sized so that the post development runoff from a 100-
year storm may safely pass out of the detention facility.
11. All storm water detention areas must be shown on the plans and denoted on the
approved site plan or record plat as a stormwater management areas that will be
maintained without cost or expense to the Town, and the details of the maintenance
plan for such areas, including appropriate provision for assumption by the developer
or his successors in interest of the financial responsibility for such maintenance, must
be provided in form and substance satisfactory to the Town Building Official and/or
Engineer.
12. Where a development site is traversed by a natural waterbody, water course, drainage
way, channel or stream, there shall be provided a storm water or drainage right-of-way
of adequate width to accommodate normal runoff. A buffer area of not less than
twenty five (25) feet in uniform width must be established and maintained along such
waterway. If a wetland is present on property being developed, a thirty (30) foot buffer
area shall be required.
SECTION 7.7 UTILITY PLAN

The applicant is required to place all utilities underground as determined by the project engineer
of the construction project. All existing and proposed utility facilities throughout the development
shall be shown on the engineering and construction plans submitted with the site plan. The
developer shall dedicate any and all easements for water and sanitary sewer lines which are
installed on private property. Such easements shall be shown on the plan, shall be in the actual
location of the installed line, and shall be dedicated for perpetual use by the Town.
§7.7.1 WATER SYSTEM

• Every new development shall connect to the existing public water supply system
providing both domestic water use and fire protection to the development.
• The water distribution system shall be of suitable size and capacity to accommodate
the required placement of fire hydrants per ISO Regulations.
• Water Mains. Water mains for both domestic use and fire protection shall be
properly connected to the public water system. The lines shall be constructed in such
a manner as to serve adequately all lots shown on the site plan.
• Water mains and fire hydrants shall be installed as necessary to prevent the future
cutting of the pavement of any street, sidewalk or other public improvement.
• All costs for installation of the water distribution system and appurtenances shall be
borne by the Developer.
• Fire Hydrants. Fire hydrants shall be installed at a spacing not to exceed 1,000 feet
along each street, and within 500 feet of all proposed lots. The water supply volumes
and pressures shall be sufficient to adequately serve the entire development. The
project engineer shall submit a written report and calculations that include recent flow
rate tests of the existing water system that verify the adequacy of the fire protection
being provided. A letter must be submitted from the local fire protection authority,
indicating that the proposed volumes and pressures are sufficient.
• Upon completion of the project, the Developer shall furnish the Building Official with
two (2) sets of as-built drawings showing lateral locations and water main offsets from
a permanent reference datum, which is either the curb line or the front lot line.
§7.7.2 SANITARY SEWER SYSTEM REQUIREMENTS

The following standards are required for the installation of all new sanitary sewer systems.
1. Connection to the public sewer system is required.
2. The developer shall install a sanitary sewer collection system which meets the
requirements of the town and shall connect such system at the developer’s expense
to the public sanitary sewer. Stub-outs shall be provided and shall extend the
sewer line to the property line and points outside the pavement width.
3. The sanitary sewer system shall be separate and independent of any storm water
drainage system.
4. Sanitary sewers shall be installed as necessary to prevent the future cutting of the
pavement of any street, sidewalk, or other public improvement.
5. Sanitary sewers shall be laid in all streets, service connections installed to property
lines, and connections made to trunk line sewers. The costs of the public sanitary
sewer system shall be the responsibility of the developer.
6. A qualified general contractor shall be employed by the developer to install the water
and sewer lines. The installation shall be done under the inspection of the town
Building Official and Engineer and shall conform exactly to the approved plans and
specifications with no exception unless approved by the same. At the Town’s
discretion, a professional representative may inspect the work.

7. The developer shall hold the contractor responsible until the completed project has
been given final approval and acceptance by the Town Engineer.
8. Upon completion of the project, the developer shall supply the Building Official with
two (2) copies of the plan and profile drawing showing the sewer as-built with the
exact location of each service connection (stub-outs) indicated.
SECTION 7.8 LOW IMPACT DEVELOPMENT Figure 7.2: Permeable

(LID) PRACTICES
Pavement Examples
The design and integration of the following low impact
development (LID) techniques are intended to promote the health,
safety, and general welfare of the community and are designed to
work in a complimentary fashion with the required drainage plan
for the proposed development. The Town requires all new
developments in the Aloe Bay and Dune Protection Overlay Districts
to integrate LID practices, and encourages the inclusion of low- Pervious Concrete
impact design for all new developments in all zoning districts as
well. Also referred to as green infrastructure, examples of LID
methods include alternative paving materials, ecologically sensitive
stormwater management, and use of creative and water-saving
landscape materials. The purpose is to replace traditional
infrastructure with effective stormwater management facilities
that contribute to increasing ecological diversity and creating Porous Asphalt
resiliency, all while protecting neighboring waterways that receive
the stormwater runoff. All site plans involving land disturbing
activities require the following LID techniques to be shown on the
plan and implemented into the project, when deemed applicable
and feasible by the Building Official and Planning Commission.
Design guidelines and project implementation are referenced in Permeable Interlocking
ADEM’s Low Impact Development Handbook for the State of Concrete Pavers
Alabama. See Figures 7.2 thru 7.9 for a list of suggested LID
methods and techniques.
1. Permeable Pavement Systems. The benefits of permeable

pavement systems are, among other items, flow
attenuation, infiltration, and filtration of stormwater. There
Concrete Grid Pavers
are many products and strategies that can be utilized and
the Building Official and Planning Commission is open to the
use of varied products in accordance with manufacture
recommendations and suggestions listed in the Low Impact
Development Handbook for the State of Alabama, see
examples. Consultation and approval with the Building
Official and Planning Commission prior to design of the Gravel w/ Plastic
product to be utilized is required. Reinforcement Grids

2. Vegetated Swales. Vegetated swales are highly effective and an inexpensive method in
straining stormwater, providing limited quality treatments, while providing some
moderate flow attenuation, see diagram. Typically, swales work best in smaller drainage
areas where volumes are reduced, special consideration should be given in pervious soils,
not recommended with high swell soils, should have low slopes, adjacent areas and layout
should be considered in the design. Suggested characteristics where topography, soils, and
slope permit vegetated open channels and spaces should be considered as a significant or
a primary means of stormwater
conveyance. Figure 7.3: Vegetated Swale
3. Open and/or Natural Space. The

installation of this LID technique
provides numerous active and
passive recreation
opportunities and benefits for
wildlife corridors. This
technique allows for the
creative integration into a
development proposal that is
frequently linked with other
natural or recreation systems
that extend past the property
lines of the proposed development. They are frequently utilized as linear parks and often
include sensitive wetland areas, steep slopes, gullies or other natural land forms, creeks,
and unique wildlife habitat for protected species.
4. Curb Cuts. Curb cuts convey stormwater into vegetated

areas such as roadside swales, parking lot islands, grassy
fields, and yards. They are an easy and inexpensive retrofit
that can be used in residential and commercial areas.
They are highly effective at moving stormwater to
landscaped areas and are often used to convey
stormwater into another LID facility. They minimize
erosion by creating diffuse flow into other stormwater
control measures, reducing stormwater quantity in the Figure 7.4: Curb Cut
receiving water body. They typically intercept
perpendicular stormwater flow and redirect stormwater to vegetated areas that can hold,
filter, and slow the rate of runoff.
5. Wet Basins. The potential benefits of wet basins are, among other items, allowing
sedimentation to fall out of stormwater, attenuating flows, assisting in evapotranspiration,
and improving the stormwater quality. Special design considerations are. groundwater
elevations, large surface areas are encouraged, special attention should be given in

pervious soil, surface area of the basin should take into account nutrient loading from
lawns for example in order to treat and improve stormwater quality to the maximum
extent possible, ensuring that an adequate base flow is provided to maintain water levels.
They are not recommended to be constructed in in-line facilities, utilizing low slopes;
however, the use of forebays are recommended. Upstream and downstream areas shall
be considered in the design in accordance with the Town’s drainage standards.
6. Site design for habitat, wetland, and water body conservation. Proper site design that
incorporates the natural features of the property can help to minimize erosion and reduce
stress on natural water conveyance and attenuation systems by preserving a natural
vegetated state of native plants,
water courses, and flood prone
areas. This design method uses
only native plants in the
development process and take
special consideration to restore
portions of the site to
predevelopment native ecological
communities, water bodies or
wetlands with more than 10% of
the development footprint. An Figure 7.5: Wet Detention Basin Pond
example of such is a living
shoreline that utilizes the Figure 7.6: Living Shoreline
placement of native plants and
vegetation, stone, sand, and other
organic materials which allow for
proper, natural coastal process to
occur, while creating a more
stabilized and natural shoreline,
see figure. This stormwater
management practice is
recommended in place of
bulkhead or other hard surface
construction adjacent to Figure 7.7: Bioretention Median
shorelines to minimize flooding
and decrease erosion rates that
occur on neighboring properties.
7. Bioretention. This technique

removes pollutants in stormwater
runoff through adsorption,
filtration, sedimentation,
volatilization, ion exchange, and Firstcoastal.com

biological decomposition. A Bioretention Cell (BRC) is a depression in the landscape that

captures and stores runoff for a short time, while providing habitat for native vegetation
that is both flood and drought tolerant. BRCs are stormwater control measures (SCMs) that
are similar to the homeowner practice, of installing rain gardens, with the exception that
BRCs have an underlying specialized soil media and are designed to meet a desired
stormwater quantity treatment storage volume. Peak runoff rates and runoff volumes can
be reduced and groundwater can be recharged when bioretention is located in an area
with the appropriate soil conditions to provide infiltration. Bioretention is normally
designed for the water quality or "first flush" event, which is typically the first I " -1.5" of
rainfall, to treat stormwater pollutants. Suggested characteristics are to be used as both a
stormwater and aesthetic feature frequently throughout developments. Special attention
should be given to plant and ground cover considerations given the volume and duration
of the designed stormwater. This technique typically works best in small drainage areas
with frequent use and distribution. Special attention is required in pervious soils and
should be used in areas with high permeable soils, but not recommended in high swell
soils.
8. Greenways. Greenways provide for

beneficial use of Low Impact
Developments for potentially active and
passive recreation opportunities and
wildlife corridors. This technique allows
for the creative integration into a
development proposal that is frequently
linked with other natural or recreation
systems that extend past the property
lines of the proposed development.
Typically, greenways are easier to Figure 7.8: Greenway Streeteasy.com
integrate into a development proposal on
larger acreages. They are frequently utilized as linear parks and often include sensitive
wetland areas, steep slopes, gullies or other natural land forms, creeks, and unique wildlife
habitat for protected species.
Figure 7.9: Grass Buffer
9. Grass Buffers. The potential benefits of
grass buffers are, among other items, their
ability to filter stormwaters, providing
limited quality treatments, while providing
some moderate flow attenuation. They
typically work best in smaller drainage
areas where volumes are reduced. Special
consideration should be given in pervious
soils; however, this method is not Lakescientist.co
m
recommended with high swell soils. Adjacent

areas and layout should be considered in the design. Suggested characteristics where
topography, soils, and slope permit vegetated open channels and spaces should be
considered as a significant or a primary means of stormwater conveyance.
SECTION 7.9 DEVELOPMENT IN ENVIRONMENTALLY SENSITIVE AREAS

Natural resource protection standards are required on Dauphin Island because these naturally
occurring mechanisms serve a critical function that provide countless benefits in protecting the
stability and resiliency of the island. Construction activities in these environmentally sensitive
areas are allowed, but require higher construction standards to ensure proper development
occurs and to guarantee damage and/or destruction does not occur to these natural resources. In
addition to the Zoning Ordinance, Dauphin Island town leaders have adopted other town
ordinances that require additional construction standards and protective measures when
developing in or around a natural resource. These include a Wetlands Protection Ordinance, a
Flood Prevention Ordinance, and a Dune Protection Overlay District, all of which are supported by
coastal studies conducted and published by professional environmental scientists and consultants.
• Definition. Property is considered “environmentally sensitive” if it contains, or in some

cases, is adjacent to one or more natural and/or ecological resources that are susceptible
and vulnerable to damage and/or degradation resulting from man-made impacts on the
land such, as land disturbance or construction activities, see Article 2: Definition of Terms.
These natural and ecological resources include areas where plant and/or animal life and
their respective habitats exist, which are ecologically valuable due to their function,
purpose, and benefit they provide to the land. These resources are also considered rare,
threatened, or endangered due to their sensitivity and vulnerability to anthropogenic
impacts. The Natural Resources Inventory (NRI) existing on Dauphin Island includes, but is
not limited to surface waters, sources of water supply, beaches, sand dunes, wetlands and
wetland buffer areas, floodplains, wildlife habitats, migratory pathways, submerged
vegetation grassbeds, marshlands, estuaries and nurseries, forested areas, steep slopes,
etc.
• Purpose. The purpose of identifying certain lands as “environmentally sensitive” is to draw
attention and awareness to these lands and the critical function they provide and role they
serve in protecting and sustaining the barrier island as a whole; and, to guarantee higher
standards of construction are required and fulfilled within these general areas to ensure
development will occur correctly and suitably. Numerous environmental studies have been
conducted on the island to determine the location and condition of these resources and
town leaders agree that more protective measures are needed during the construction
process to ensure damage and destruction to these areas does not continue so that the
safety and structural integrity of the island is not compromised by any developments
occurring on the island.

§7.9.1 REQUIRED PERMITS

During the initial planning phase of any construction project, it is mandatory to verify if a
project is located within, adjacent to, or contains any of the following
circumstances:
• Is in an area identified as a regulated floodway or floodplain as defined by the Federal
Emergency Management Agency (FEMA);
• Contains any wetlands as determined by the Army Corps of Engineers and the Town of
Dauphin Island, see Town of Dauphin Island Wetland Ordinance 85 and The Sensitive
Habitat Protection Plan;
• Contains a waterway on the property or is adjacent to any waterbody;
• Contains any natural features such as marshes, wooded, and/or forested areas;
• Contains any sand dunes occurring on the property, as listed in the provisions of this
Ordinance; and/or
• Contains an endangered species.
If it is determined that one or more of these natural resources are present on or adjacent to
the property, the applicant must acquire a Town of Dauphin Island Coastal Use Permit, which
allows for construction activities within and around natural resources. Most of the
environmentally sensitive areas of Dauphin Island are identified on the zoning map as an
overlay district.
The applicant must successfully demonstrate they have complied with all applicable town,
state, and federal laws and regulations, and will be required to submit copies of all permits
required from the town and other state and federal agencies before a building permit can be
acquired and construction activities can begin. Applicants must work with the town’s Building
Official and Application Review Committee throughout the development process to ensure all
requirements have been fulfilled. In addition to a Coastal Use Permit, additional state and
federal permits may be required depending on the circumstances impacting the land and it is
the responsibility of the applicant to ensure the items required by these agencies have been
addressed and satisfied. These agencies typically include:
• Army Corps of Engineers Permit (USACE)
• Alabama Department of Environmental Management (ADEM)
• U.S. Fish and Wildlife Service (FWS)
• Alabama Department of Conservation and Natural Resources (ADCNR)
• Town of Dauphin Island Coastal Use Permit (Town of Dauphin Island FEMA Floodplain
Administrator)
§7.9.2 DEVELOPING IN THE SPECIAL FLOOD HAZARD AREA (SFHA)

Most construction activities within a regulated floodway or floodplain require coordination
with the Town’s designated Floodplain Administrator and are required to adhere to the
higher construction standards listed in the Town of Dauphin Island Flood Prevention
Ordinance No. 55A. These activities include new building construction, existing building

expansion, clearing land, placing fill, grading land, mining, dredging, drilling, placement of
mobile homes, and more.
Currently, there are three (3) flood zones that lie within the corporate limits of Dauphin
Island. They are zones AE, VE, and X. Flood zones AE and VE are identified on the Town’s
zoning map as the Special Flood Hazard Overlay District (SFHOD). Applications for
development in the SFHOD will require additional building standards found in Town of
Dauphin Island Flood Damage Prevention Ordinance No. 55A to ensure proper flood
protection methods are met by the Town’s Floodplain Administrator. These properties may
also require the mandatory purchase of flood insurance. See the Flood Zone Map in Figure
4.6 of this Ordinance for the location of each flood zone on Dauphin Island.
The areas of minimal flood hazard, which are the areas outside the SFHA and higher than
the elevation of the 0.2 percent annual chance (or 500-year flood), are labeled Zone X (see
map). Lands lying within Zone X do not require additional permitting; however, the
acquisition of flood insurance within this flood zone is highly encouraged. FEMA’s FIRMs
are also updated and available online at: https://msc.fema.gov/portal/home
§7.9.2.1 Determining if Floodplains Exist on Property

Prior to the issuance of a building permit in the SFHOD, the Floodplain
Administrator will review the application for completion and request additional
information as needed to ensure the new construction on the property is protected
from flood waters and that storm waters leaving the site will not be directed to
adjacent properties. Additionally, the Floodplain Administrator must certify that all
FEMA requirements have been fulfilled and proper coordination with FEMA and
other relevant regulatory agencies has taken place. This includes a review of
possible impacts to threatened or endangered species or special habitats by the
U.S. Fish and Wildlife Service and impacts to Waters of the U.S., including wetlands,
by the U.S. Army Corps of Engineers. See Special Flood Hazard Overlay District Map
in Figure 4.6 of this Ordinance.
§7.9.3 DEVELOPMENT IN WETLANDS

Wetlands provide valuable habitat for plant and animal communities, and they serve as a
natural filter for water flowing into water bodies and groundwater. They can also act as a
buffer during storm events, helping to soak up heavy precipitation or rising water levels to
prevent flooding and erosion.
A wetland is an ecosystem within itself, which is characterized by the presence of water

and which supports an array of unique plant and animal life. Some wetlands may be
saturated during certain times of the year while others may be saturated permanently.
Because wetlands are an ecosystem, they play an essential role in the environment.

§7.9.3.1 Required Permits

Wetlands are locally regulated by the Town of Dauphin Island Wetland Protection
Ordinance (Ordinance No. 85A), which is an appendix to this Ordinance, and
federally regulated under Section 404 of the Clean Water Act.
Whenever construction activities are proposed on or near a wetland, a Permit is

required from the Town of Dauphin Island in compliance with the Wetlands
Ordinance, and a permit from the U.S. Army Corps of Engineers may be required as
well, depending on the proposed activities. It is important to understand that a
Federal and/or State Permit does not substitute or fulfill the requirements of the
Town Permit, as each permit addresses different impacts to the wetland and
requires different provisions. It is the responsibility of the applicant to acquire a
permit from all applicable entities before a building permit will be issued.
• Coastal Use Permit-Town of Dauphin Island:

The Town of Dauphin Island requires a Coastal Use Permit for specific
types of activities and development that will impact the wetlands on
Dauphin Island which are considered non-jurisdictional. A list of permitted
activities and requirements are listed in the Town of Dauphin Island
Wetland Protection Ordinance. A Coastal Use Permit can be obtained
through the Building Official’s office at the Town of Dauphin Island.
• Federal Permit-US Army Corps of Engineers:
The federal government requires a federal permit for specific types of
activities that will impact jurisdictional wetlands, such as filling a wetland
and installing pile supported structures in Section 10 Tidal Waters Federal
permits are obtained through the Army Corps of Engineers (USACE)
Office.
• State Permit-Alabama Department of Environmental Management (ADEM):
The filling of jurisdictional wetlands requires permits and/or certifications
from the Alabama Department of Environmental Management (ADEM) and
the U.S. Army Corps of Engineers (USACE), under Section 404 of the Clean
Water Act, as amended. All applications for wetland fill must be approved
by ADEM before the USACE can issue a Sec. 404 permit. For wetlands
determined by the USACE to be non-jurisdictional, ADEM coastal
regulations may require a state permit for non-regulated use.
§7.9.3.2 Determining if Wetlands Exist on Property

Before property can be developed, it must be properly demonstrated on a site plan
that wetlands either do or do not exist on the property.
The Town of Dauphin Island’s Wetland Ordinance (Ordinance No. 85A) applies to
all lands within the corporate limits of the Town and provides a sound approach to

protecting wetland resources while acknowledging private property rights of

landowners. The ordinance was adopted in July, 2022, with amendments, is for the
purpose of protecting the Island’s “wetlands, water bodies, and watercourses by
preventing damage from erosion or siltation, minimizing disturbance, preserving
natural habitats and protecting against flood and pollution by protecting the quality
of such areas for their conservation, economic, aesthetic, recreational and other
public benefits and values.” The ordinance provides a definition of wetlands that is
consistent with Section 404 of the Clean Water Act. This Ordinance is supported
by a wetlands study that was conducted by a professional environmental
consultant. The Town of Dauphin Island recently adopted a map and associated
study titled SENSITIVE HABITAT PROTECTION AND MANAGEMENT PLAN that
identifies the lots on Dauphin Island that have known or suspected wetlands
existing on them. These lots are identified on the Town of Dauphin Island zoning
map in the Wetland Protection Overlay District (WPOD). Determination of possible
wetlands existing on the lots identified in the WPOD was based on visual
observations from the study and other identifying factors indicative of wetlands,
those primarily being plant communities, ponding characteristics, and other
evidence of wetland hydrology. However, definitive wetland determinations
require soil testing for evidence of hydrologic indicators and hydric soil features
associated with wetlands, in addition to assessment of vegetation. Based on the
study, it is required that before construction can be legally permitted on any
property located within the WPOD, the property owner must provide
documentation in the form of a Wetland Determination Data Form conducted by a
Wetland Specialist and/or Scientist indicating if wetlands exist on the property and,
if so, the location of the wetland boundary delineation must be identified on the
site plan. See Wetland Protection Overlay District Map in Figure 4.5 of this
Ordinance.
§7.9.3.3 When a Wetlands Determination is Required

Before a site plan and building permit in the WPOD can be approved, the Building
Official requests a wetland determination be conducted by a qualified professional
using the USACE process and the Wetland Determination Data Form.
If it is determined that wetlands are present on a proposed project site, the next
step is to perform a delineation to identify the specific location and boundary of
the wetlands. If it is determined that wetlands are present on a proposed project
site and the proposed development may impact them, the recommended actions
are, in order:
• AVOIDANCE- Don’t build in the wetland and do not disturb the wetland
area at all. If impacting the wetland is avoided entirely, there will be no
impact fee asses by the Town, and no further actions is required beyond
the normal building procedures.
• JOINT APPLICATION- A joint application for NWP 18 (or other

application) to the USACE and ADEM be submitted for the proposed

development. No application for a permit impacting a wetland will be
approved by the Town without approval by USACE and ADEM.
• MINIMIZATION- Design the project so as to impact the smallest portion
of the wetland possible - a permit is required. If impact to the wetlands
cannot be avoided, the applicant will be required to show that the
development proposal is the minimum required for reasonable use of
the property. This is a requirement of the USACE/ADEM process as well
as the Town of Dauphin Island.
• MITIGATION- Mitigation will not be imposed by the Town of Dauphin
Island. Any requirements for mitigation will be determined by the
USACE/ADEM process.
• IMPACT FEE- The Town of Dauphin Island may require an impact fee as
specified in the Wetland Ordinance.
§7.9.3.4 Minimum Wetland Buffer Requirements

In addition to the requirements enforced by the USACE, the Town of Dauphin Island
requires a minimum protective buffer. Buffers from construction and development
near wetlands are hereby established. Construction or development bordering
wetlands must be performed using appropriate Best Management Practices that
prevent all impacts to the wetlands. This will include a permanent buffer from
existing wetlands and said buffer must be protectively fenced during construction
and development activities. For wetlands bordering salt or brackish bodies of
water, the buffer shall be a minimum of thirty feet (30’). For wetlands surrounded
by land or bordering small creeks or lakes, the buffer shall be a minimum of ten
feet (10’). Permanent protection of the wetlands on the finished sites will be
required by the Town’s Building Official.
§7.9.4 DEVELOPING PROPERTY WHEN AN ENDANGERED SPECIES IS PRESENT
§7.9.4.1 U.S. Fish & Wildlife Service (FWS):

The purpose of the Endangered Species Act (ESA) is to protect and recover imperiled
species and the ecosystems upon which they depend. The U.S. Fish and Wildlife Service
(FWS) and the National Marine Fisheries Service (NMFS) administer the ESA. The FWS
primary responsibilities are for terrestrial and freshwater organisms, while the
responsibilities of NMFS are mainly marine wildlife. The ESA prohibits the taking of a
listed species without authorization from the FWS. To ensure that impacts to endangered
species are avoided or minimized, all proposed projects with known endangered species
present must meet the requirements of FWS and the ESA before a building permit can be
issued.

§7.9.5 DEVELOPING IN THE DUNE PROTECTION OVERLAY DISTRICT
Dauphin Island is defined by its natural resources, one of which is the dune field. As a resilient
natural barrier to the destructive forces of wind and waves, sand dunes are the most efficient
defense against storm-surge flooding and beach erosion. Dunes absorb the impact of storm surge
and high waves, preventing or delaying intrusion of waters into inland areas. Dunes hold sand that
replaces eroded beaches after storms and buffer windblown sand and salt spray.
Beach and dune protection is important along the Alabama Gulf Coast, particularly in areas
experiencing shoreline erosion and concentrated urban development. The growth of mainland
coastal population centers and the increasing development and recreational use of the barrier
islands can impact the stability of the dune environment. Construction and heavy recreational use
of the beaches can contribute to fragmentation of the beach/dune system and deterioration of
dunes. The vegetation that secures sand is destroyed, sand is lost, and the dune line is breached
by roads, trails, and storm runoff. Dune damage that results from human activities accelerates the
damage caused by wind and wave erosion. Inland areas become more vulnerable to hurricanes and
tropical storms when the dune line is weakened. Protecting dunes helps prevent loss of life and
property during storms and safeguards the sand supply that slows shoreline erosion. Protecting
dunes also preserves and enhances the beauty of the coast and coastal ecosystems.
To succeed, dune improvement and protection efforts must be undertaken by federal, state, and
local governmental entities. But even more valuable are efforts by those who live on the coast.
Dauphin Island will continue to attract Alabamians and other visitors in ever-greater numbers for
years to come. With this in mind, the Town of Dauphin Island created and adopted a Sand Dune
Protection & Management Plan as an addition to the Comprehensive Plan including a Dune
Protection Overlay District and Guidelines. With the adoption of the Dune Protection Overlay
District (DPOD) to the Town’s Zoning Ordinance, the Town of Dauphin Island is working to ensure
the long-term protection of the dunes.
§7.9.5.1 Purpose of the Dune Protection Overlay District (DPOD)
The purpose of this overlay district is to create and implement reasonable and responsible
regulations that will protect the public investment in the beaches and dunes, and to
protect public and private infrastructures. The regulations are intended to prevent harm
or degradation to the valuable and protective sand dune resources from unauthorized foot
or vehicular traffic, unauthorized digging, or other unnatural alteration of the dunes,
unauthorized staging of construction materials or other unauthorized construction activity,
installation of vegetation inconsistent with sand dune systems, pet activity, or other
unauthorized or disturbing activities that may lead to the gradual, immediate, or
cumulative degradation of the natural or restored dune resources.
The Town’s objective in this effort is to identify policies important in ensuring the integrity
and functional values of the Island’s sand dune system are not compromised by
anthropogenic alterations such as removal, leveling, excavation, vegetation degradation or
removal, or placement of structures.

SECTION 7.10 DUNE PROTECTION OVERLAY DISTRICT (DPOD) REQUIREMENTS
§7.10.1 GENERAL PROVISIONS

The following regulations generally apply to all properties located within the Dune
Protection Overlay District (DPOD). The DPOD consists of lands south of Bienville Boulevard
from the east end of the Island to the point where Bienville Boulevard narrows to two
lanes, see DPOD Boundary Map in Figure 4.3 of this Ordinance for exact location.
§7.10.2 COMPLIANCE WITH OTHER LAWS

The Alabama Department of Environmental Management (ADEM) has statutory authority
to regulate specific activities within their Coastal Area Jurisdiction of Dauphin Island. All
properties located in the Dune Protection Overlay District are subject to the following
regulations before the issuance of a Coastal Use Permit.
1. In general, development within the DPOD will use the same application and
permits process used in all other areas of Dauphin Island. Additional
requirements which are specific to the DPOD are primarily focused on ensuring
no degradation to the dune system or contour occurs. Toward this end there
are more specific documentation requirements in the land survey and the Site
Plan.
2. All applications within the DPOD require review by the Application Review
Committee (ARC) and the Dauphin Island Planning Commission.
3. Permit Required: A Coastal Use Permitting Program has been established to
protect the valuable beach and dune resources from adverse impacts
associated with construction and other activities. A Coastal Use Permit shall be
issued by the Building Official, and the permit fee required by this Ordinance
shall be paid by the applicant before any new construction can begin or any
modifications, alterations, extensions, or expansions can begin on an existing
structure. A courtesy notice will be sent to adjoining property owners when an
application for a Coastal Use Permit will be presented at a Planning
Commission meeting for consideration and possible decision.
4. Additional Requirements: Development activities in the DPOD are subject to
the requirements of existing Town ordinances, which include:
• Land Disturbance
• Tree Removal
• Flood Damage Prevention Ordinance
• Building Code
• Sand Removal
• Base Zoning
5. Compliance Review Required: Any disturbance to the dune such as dune
alteration, excavation, vegetation removal, and placement of structures, will
be subject to inspection by the Building Official to ensure any adverse impacts
associated with construction and other activities have been rectified to the

disturbed area of the dune. Any pre-approved construction-stage, temporary

alteration of the dune or dune vegetation must be repaired after completion.
If re-vegetation is necessary, the dune must be re-stabilized with native dune
plants. These requirements must be completed, inspected, and approved prior
to the issuance of a Certificate of Occupancy (CO).
6. Maintenance: Encroaching sand from the dune system may be removed from
lots but is required to be relocated within the dune system, provided that it is
placed as near to the excavated site as practicable, as determined by the ARC
and Building Official. Each application for the removal of encroaching sand will
be determined on a case-by-case basis. A plan including methods for sand
removal, transport, and placement will be required to adhere to existing land
disturbance regulations and permitting.
7. Prohibited Activities: Any use or activity that impairs the natural function of
the dune system or has the potential to cause significant adverse long-term
impacts to the natural function of the dune system is prohibited, including the
following. All prohibited activities are subject to the fines and penalties set
forth in this Ordinance.
• No person shall remove beach sands and/or vegetation or otherwise alter
the contours of the dune system, between mean high tide and the area 25
feet seaward of the south toe of the dune system.
• Paving, grading, or altering a dune within the footprint of the lowest floor
of a structure in any manner will be prohibited.
• No person shall operate a motorized vehicle of any type on the dune
system except for official and/or emergency vehicles.
• Removal of vegetation from any dune, and the excavation, bulldozing, or
alteration of dunes are prohibited, unless these activities are a component
of a Town-approved beach and dune management plan.
8. Best Management Practices (BMPs): All construction within the DPOD must
incorporate ‘Best Management Practices’ (BMPs) methods. In addition to
industry-standard BMPs, all applications for development within the DPOD
must follow the Best Management Practices listed in the Town of Dauphin
Island’s Sensitive Habitat Protection and Management Plan to maintain west
end sand dunes and sand resources. The dune system must not be mined,
excavated, or altered such that the erosion and storm surge protection and
ecological and aesthetic values afforded by them are diminished. Additionally,
the following activities must be considered when constructing a structure on
the dune:
• Reducing sand height must be avoided
• Excavation of dunes must be properly reviewed and permitted, and
minimized to the greatest practicable extent.
• Vegetation removal must be properly reviewed and permitted, and
9. Any structure built on or over a dune will require at least two (2) feet of

clearance above the portion of the dune within the structure footprint.
Elevated dune walkovers shall be designed and constructed using ADEM
Section 8 standards.
10. All habitable structures may, with proper permitting, share a dune walkover
with adjoining neighbors, pending review of a proposal for the shared
walkover by the ARC and Town of Dauphin Island Planning Commission.
11. Signs: Due to the seasonal population of the Island, it is necessary to educate
and inform visitors that the dunes are fragile and it is illegal to trespass on
them. Signage must be installed and maintained on all dune walkovers to notify
beach goers. Signs are provided by the Town of Dauphin Island and issued to
property owner when an application for dune walkover construction is
received. The ARC will recommend proper placement of sign on property. This
shall be notated on the Site Plan.
12. Where the intent of the property owner is not to cross the dunes in any manner
whatsoever, sand fencing is required at the property/dune interface and, a
provision to prevent pedestrian traffic must be employed, e.g., signage stating
that no crossing of the dunes is allowed.
§7.10.3 USES AND ACTIVITIES PERMITTED IN THE DPOD

All uses allowed in the underlying zoning districts encompassed within the DPOD, which
are classified as Uses Permitted, Uses Requiring Review, or Special Exceptions, are allowable
uses in the DPOD. Refer to Article 4: District Requirements & Permitted Uses article of this
Ordinance for uses allowed in each zoning district. All applications within the DPOD require
review and approval by the ARC and the Dauphin Island Planning Commission before the
issuance of a building permit.
The following list of activities are allowed activities within the DPOD:
1. The construction and maintenance of walkways which do not alter the contour of
the sand dunes;
2. The construction and maintenance of observation platforms and/or piers which are
not an integral part of any dwelling and which do not alter the contour of the
coastal sand dunes;
3. The planting of beach grasses or other appropriate dune vegetation for the purpose
of stabilizing sand dunes;
4. The placement of sand fences on or adjacent to sand dunes for the purpose of
stabilizing and enhancing the formation of such features;
5. The conservation and research activities of the Dauphin Island Sea Lab, Alabama
Department of Conservation and Natural Resources, Audubon Society, Dauphin
Island Park and Beach Board and other conservation, and research-related agencies
and entities; provided that said activities have no construction or excavation
components, or would otherwise alter the contour of the coastal dunes.

§7.10.4 COASTAL USE PERMIT REQUIREMENTS IN THE DPOD

The following is a list of the necessary steps to complete the Dune Protection Overlay
District Application process to obtain a Coastal Use Permit. The site plan checklist following
this section designates what deliverables are required.
1. Determine if the property lies within the DPOD.
2. Obtain a Coastal Use Permit Application Package from Town of Dauphin
Island.
3. Schedule a pre-application meeting and site visit with the ARC. The property
owner/authorized agent (authorization form required) is required to be present at the
meeting and site visit. The ARC will require an accurate diagram of property. Following
the meeting, the ARC will conduct a site visit and conference with the owner or
authorized agent to instruct and assist the applicant on all required documents and
processes necessary to obtain a Coastal Use Permit.
4. Submit application packet and accompanying fees. A completed application package
must contain all items on Dune Protection Overlay District checklist, see Appendix A of
this Ordinance for checklist and all other required documentation.
5. Ensure site is staked with metal stakes to include property boundaries, proposed
structure corners, driveway and other areas of proposed impact prior to the initial site
visit. The ARC will schedule a second site visit within 10 business days of receiving
completed application packet. By scheduling a site visit, the ARC and staff will be
allowed full access to the property. During the site visit the property owner / authorized
agent is required to be present to discuss options and assurance criteria.
6. Upon completion of the site visit review the ARC will provide the property owner /
authorized agent with opinions and recommendations. All materials will be mailed to
the property owner / authorized agent within seven (7) business days after completing
the plan review.
7. ARC opinions and recommendations along with the Building Official opinions and
recommendations are delivered to the Planning Commission for review.
8. Site Plan Review is added to the Planning Commission agenda and scheduled for next
regularly scheduled Planning Commission Meeting, provided a completed application
packet is returned by the Planning Commission meeting cut-off date.
9. Courtesy notice is given to adjoining property owners of Planning Commission
meeting.
10. Review of and action upon application is taken by the Town of Dauphin Island Planning
Commission unless additional changes are needed. If substantial additional changes
are needed, the action may be tabled to the next Planning Commission meeting.
§7.10.5 RECOMMENDED DUNE VEGETATION & REPAIR/MAINTENANCE GUIDELINES

Dune vegetation is essential because it traps blowing sand particles which accumulate and
create a mound or a dune that grows over time. Any pre-approved construction-stage,

temporary alteration of the dune or dune vegetation must be repaired after completion. If
re-vegetation is necessary, the dune must be re-stabilized with native dune plants. These
requirements must be completed, inspected, and approved prior to the issuance of a
Certificate of Occupancy.
1. Before a dune is disturbed, it must be photographed along with the vegetation
present on the dune in the area to be disturbed. In repairing damage to the dune, the
pictures and documentation of the varieties of vegetation originally present on the
dune will be useful in restoring the dune to its original condition.
2. In the event damage has already occurred to the dune, use the same procedure as
described above (photograph and documentation of vegetation) using the adjacent
portion of the dune to determine how the damaged portion is to be repaired.
3. Dune vegetation will often vary with dune elevation. Vegetation on the crest of the
dune will almost certainly be different from the vegetation on the toe and the rise. It is
important to record this distinction to restore the same vegetation that is/was
naturally occurring on the dune.
4. See Figure 7.10 for plants that are indigenous to dunes on Dauphin Island are as
follows:

Dune Toes - Salt Water Tolerant Figure 7.10: Indigenous Dune Vegetation
- Sea Oats (Uniola paniculata)
- Seaside Heliotrope (Heliotropium cavsavicum)
- Pennywort (Hyfrocotyle bonariensis)
- Seaside Panicgrass (Panicum amarum)
- Camphor Plant (Heterotheca subaxillaris) Sea Oats
Dune Toes Formed From Fresh Water Aquafers

- Seaside Heliotrope (Heliotropium cavsavicum)
- Seaside Panicgrass (Panicum marum)
- Sandspur (Cenchrus tribuloides)
- Sea Purslane (Sensivium porttulscastrum)
- Camphor Plant (Heterotheca subaxillaris)
- Beach Morninglory (Ipomoea stolonifera) Pennywort
- Dune Sunflower (Helianthus debilis)
- Blazing Star (Liatris graminifolia)
- Lantana (Lantana camara)
- Dune Greenbriar (Similax avriculiata)
- Southern Bayberry (Myrica cerifera)
Sandspur
Saw
Palmetto

- Saw Palmetto (Serenoa repins)

- Cabbage Palm (Sabal palmetto) Beach
- Dwarf Palmetto (Sabal minor) Morning Glory
- Odorless Bayberry (Muyrica inodora)
Tall -Typically Undisturbed Dunes of the

Island’s Wooded Areas
- Seaside Panicgrass (Panicum amarum) Dune Cactus
- Sandspur (Cenchrus tribuloides)
- Blazing Star (Laitris gramimifolia)
- Sandhill Rosemary (Ceratiola ericoides)
- Lantana (Lantana camara)
- Dune Greenbriar (Smilax avricuiata)
- Sand Pine (Pinus clausa) Sandhill
Rosemary
- Cabbage Palm (Sabal palmetto)
- Dwarf Palmetto (Sabal minor)
- Cactus
- Century Plant (Agave aericana)
5. Sand Fences- The sand fence, consisting of

wooden horizontal 1”x4” members, ½”x3”
wooden slats, sand webbing, and 4’X4’ posts Sand Fence
sunk 4’ up and 4’ high will typically slow wind
speed by 70% allowing the sands/detritus to
drop to the ground and build dune beginnings
that will support the vegetation listed as
“foredunes”. As the foredunes increase in
elevation, the back Fabric Fencing
6. of the dunes will be replenished and ultimately
allow the reformation of the Great Dunes.
7. Wattles- Utilize wattles made of straw and

wood as an erosion and sediment control
device. Appropriately designed and properly
installed erosion control techniques can
eliminate soil and/or sand erosion, reduce Wattle
sediment pollution, and minimize future
impacts to slopes. When long-term stabilization Source: miseagrant.edu
methods are in the form of plantings, wattles
and sand fencing are strongly encouraged and, in some cases, required.

§7.10.6 BEST MANAGEMENT PRACTICES (BMPs) IN DPOD

All construction must incorporate Best Management Practices (BMPs). A site can be planned and
a home can be designed so that the natural setting is superbly preserved only to have the site
significantly and unnecessarily damaged by poor construction practices and methods.
The structure and access to the structure must be in accordance with site plans and certifications
prepared and sealed by a registered, certified Professional Engineer licensed in the State of
Alabama. A signed statement of Best Management Practices used in design and construction plans
by a Professional Engineer and/or Architect licensed in the State of Alabama must accompany the
Site Plan. Site plans and certifications for any proposed structures must meet all local, state and
federal regulatory agency guidelines and procedures.
§7.10.6.1 SITE PLANNING REQUIREMENTS APPLICABLE TO ALL CONSTRUCTION

Excavation volumes causing impacts to steep slopes are a direct measure of the extent of
disturbance and can change the essential character of the dunes. Sand that is not
contained and is disturbed is subject to wind and rain erosion, which can lead to creation
of a dune blowout and spreading damage.
Construction impacting slopes of 15 degrees (15°) or greater must incorporate the

following management practices that minimize the amount and disturbance of soils as part
of planning, construction, and long-term stabilization of the site.
The following are guidelines on minimizing impacts to the dune system.
1. Minimizing Disturbed Area

• In the Dune Protection Overlay District thirty percent (30%) of the total area of the
lot shall remain undisturbed and its natural condition. This requirement supports
soil stabilization on the lot while ensuring proper storm water provisions have
been met.
• Construction and development must, wherever possible, avoid areas with
slopes greater than 30 degrees (30°).
• Utilize areas that will not affect the dune slope. The Planning Commission may
recommend setback adjustments in order to protect dune slopes.
• Utilize areas that may have been previously cleared or graded for construction.
• The ARC shall recommend a minimum construction setback for equipment
movement or storage. In no case, should this include areas with greater than a 30
degree (30°) slope. A temporary fence or other type of demarcation method shall
be installed to identify the construction boundary.
• Locate residential structures as close to the street as possible.
• Eliminate or minimize all impervious surfaces.
• The development of a plan for a driveway should include consideration of the
use of retaining walls or similar measures, if feasible, to minimize the impact of
the driveway, parking, turnaround areas, etc. on the lot. Driveways will be

limited to fit within the linear width of the primary structure, and it is required
that driveways utilize permeable materials that provide maximum porosity and
drainage to mitigate erosion caused by stormwater (surface water flow). If an
existing driveway needs to be re-graded, it must be regraded within the existing
driveway footprint/corridor (no expansion of width or length). If an existing
driveway, non-permeable surfaced driveway, or any portion thereof is replaced,
it must be brought into compliance with this Ordinance.
2. Minimizing Impacts to Ecological Communities

• Avoid impacts to areas of ecological significance (interdunal pond/wetland, sand
barren, open dunes, vegetation).
• Maintain continuity of vegetation (minimizing edge effect).
• Utilize demarcation fencing to isolate critical areas (wetlands, watercourses,
vegetation protection).
• Construction equipment traffic must be minimized.
3. Minimizing Soil Movement

• Limit the difference between cut and fill volumes balancing volumes of like
material on site.
• Do not bring new fill on the site as it may bring invasive, exotic (non-native) seeds
or damaging fungus. Removing soils removes seeds of native plants and any
topsoil and organic material from the site.
• Limit impacts that facilitate slope failure and erosion, including control of
stormwater and impacts to slopes offsite. Utilize erosion control measures at both
the bottom of the slope (to protect uphill from construction) and at the top of the
slope (to protect areas downhill from construction occurring along the crest of a
slope).
• Demarcate limits of clearing, grading and vegetation removal to avoid accidental
damage to slopes and vegetative roots that support slopes. Demarcation
discourages materials and equipment from being stored, used or driven outside
the impact area. Said demarcation will be accomplished prior to any land
disturbance, tree removal or construction, and will be documented by the Town
of Dauphin Island Building Official with photos prior to permit issuance.
• Utilize a park-and-walk scenario with a boardwalk, stairway, or lift for access if
constructing a driveway would impact dune slope.
4. Minimizing Impacts from Utilities

• Utilize underground utility corridors in new construction projects (adjacent to
access roadways) and impact slopes 15 degrees (15◦) or less.

• Utilize hand trenching for utilities in projects covering relatively short distances and
impact slopes 30 degrees (30◦) or less. Ensure soils from trenching can be safely
staged adjacent to trenching without impacting slopes or vegetation.
5. Minimizing Tree and Vegetation Removal

In addition to the existing tree removal permit process the following shall apply:
• Plot location of all trees over 4” DBH in the site plan.
• No clearing of trees or vegetation on slopes and outside construction buffer
areas.
• Do not remove trees or vegetation which are located more than 10 feet from
proposed buildings; and no more than 5 feet from decks and along driveways.
• Demarcate limits of clearing, grading, and vegetation removal to avoid accidental
damage to slopes and vegetative roots that support slopes.
• Stockpile material from excavation areas and utilize for redistribution on the site.
This provides a local seed source of native species.
• Avoid removal of trees and shrubs that may impact unique natural features in
the area, including: ponds, seeps, springs, foredunes, or dune ridges.
• Maintain large diameter trees (greater than 12” DBH).
• Maintain mature trees (seed/mast producing) outside of structure and driveway
footprint.
• Maintain trees and shrubs that would improve or maintain the natural diversity
of the site.
• Minimize the amount of edge created.
• Maintain tree communities that provide necessary niches within bigger
landscape.
• Avoid removal of trees / shrubs that may impact unique natural features in the
area including: ponds, waterbodies, seeps, springs, dune ridges, or areas with high
densities of wildflowers.
• Avoid removal of trees / shrubs in areas that contain endangered or threatened
plants (i.e., sea oats).
§7.10.6.2 Suggested Best Management Practices (BMPs)

The following suggested techniques described in detail below were taken from the
following sources: Federal Emergency Management Agency’s (FEMA) Local Officials Guide
for Coastal Construction: Design Considerations, Regulatory Guidance, and Best Practices
for Coastal Communities FEMA P-762 / February 2009 ; Alabama Department of
Environmental Management’s (ADEM) Section 8 Standards For Dune Walkover
Construction; Town of Dauphin Island’s Sensitive Habitat Protection and Management
Plan; and The Dune Protection and Improvement Manual of the Texas General Land Office.

• General Provisions
The dune system must not be mined, excavated, or altered such that the erosion and
storm surge protection and ecological and aesthetic values afforded by them are
diminished. Within the area of the dune system:
> The dune crest shall not be reduced in elevation.
> Excavation of dunes must be properly reviewed and permitted and
> Vegetation removal must be properly reviewed and permitted and
Minimization will include alternative site plans designed to avoid direct or indirect
destabilization of the dunes, including the location and configuration of habitable
structures, stormwater conveyance, bulkheads, driveways, and appurtenances.
Suspension of required Zoning Ordinance setbacks will be considered in some cases
within the Dune Overlay District in an effort to reduce adverse impacts to the dune
system.
Any pre-approved construction-stage, temporary alteration of the dune or dune
vegetation must be repaired after completion. If re-vegetation is necessary, the dune
must be re-stabilized with native dune plants. These requirements must be
completed, inspected and approved prior to the issuance of a Certificate of Occupancy
(CO).
• Building Design
1. The house and other structures should have as small a footprint as possible, thus
leaving as much of the native environment undisturbed as possible. Use
multiple floors. Smaller footprints also mean smaller impervious areas and thus pose
less of a threat of erosion from rainwater runoff while preserving more of the
2. Acquire adequate land for the proposed structure. To avoid destroying the
beauty that draws one to the dunes, be careful to not build “more house” than
can be accommodated comfortably on the site.
3. "Think out of the box”. For example, a roof deck can provide greater views
without additional disturbance to the site.
• Stabilization of Slopes
Development in critical dune areas often requires slope stabilization to minimize
impacts and avoid creation of erodible soils. The use of retaining walls for slope
stability allows for increased elevations within a short distance; however, the design
and use must provide resistance to the lateral pressure of the soil. Additional wall
support may be achieved through use of mechanical anchors. Protect and mitigate all
impacts to slopes during construction, and stabilize slopes following completion of all
activities. Soil stabilization and soil erosion techniques are utilized to minimize soil
movement at the source and limit sedimentation issues. Appropriately designed and

installed techniques can eliminate soil erosion, reduce sediment pollution, minimize
future impacts to slopes. Long-term stabilization in the form of plantings, wattles and
fencing are strongly encouraged and, in some cases, required.
• Temporary Slope Stabilization During Construction

1. Install geotextile fabric fence (silt fence) parallel to contours in areas with 15
degree (15◦) slopes and ensure appropriate installation distance at a minimum
of two (2) feet from the toe of a 15 degree (15◦) rise.
2. Install plywood sheeting parallel to contours in areas with 30 degree (30◦)
slopes and ensure a minimum installation distance of no less than three (3) feet
from toe of a (30◦) rise.
3. The angle for graded slopes and fills shall be no greater than the angle which
can be retained by vegetative cover or other adequate erosion control devices
or structures. In any event, slopes left exposed will, within the shortest feasible
time of feasible grading, be planted or otherwise provided with ground cover,
devices, or structures.
• Permanent Slope Stabilization

1. Minimize erosion from rainwater run-off. Avoid use of single point of discharge
(e.g., a downspout or an area drain discharge pipe). A concentrated source can
easily deliver water faster than the ground can absorb it and cause erosion. A
sheet of water draining from a roof or large paved area is also likely to cause
erosion. In both cases, it is necessary to disperse the flow over a wide, flat area
so that the water is slowed and a portion absorbed. Or use rain barrels to safely
collect runoff.
2. Utilize the construction of dune walkovers for stabilization of dune slopes where
pedestrian traffic will take place. Where the intent of the property owner is not
to cross the dunes in any manner whatsoever, sand fencing is required at the
property/dune interface and, a provision to prevent pedestrian traffic must be
employed. A sign stating that no crossing of the dunes is allowed will be given
to each property owner and must be posted.
3. Utilize wattles made of straw and wood as an erosion and sediment control
device.
4. Utilize appropriate retaining wall structure with tiebacks to inhibit wall failure,
slumping, and soil seepage.
5. Install all slope stabilization structures (temporary and permanent) prior to
beginning other construction activities onsite to protect slopes from incidental
damage.
• Dune Walkover Construction
1. To prevent damage to dunes, all developments will be required to provide a
beach access walkover that adopts ADEM Section 8 standards.
2. All habitable structures may, with proper permitting, share a dune walkover

with adjoining neighbors, pending review of a proposal for the shared

walkover by the Town of Dauphin Island Planning Commission. Where the
intent of the property owner is not to cross the dunes in any manner
whatsoever, sand fencing is required at the property/dune interface and, a
provision to prevent pedestrian traffic must be employed, e.g., signage stating
that no crossing of the dunes is allowed, etc.
3. A walkover should begin landward of the foredune and extend no farther
seaward than the most landward point of the public beach where it will not
interfere with public use of the beach at normal high tide. The structure should
be oriented at an angle to the prevailing wind direction. Otherwise, wind
blowing directly up the path of the walkover may impede the growth of
vegetation beneath it, erode sand from the seaward end, and increase the
possibility of washout or blowout occurrences.
4. Construction Material
Wood is the preferred
construction material for
walkovers because it is less
expensive than metal, does not
collect and retain heat as metal
does, and is readily adapted to a
number of designs. Although there
are a few walkovers made from
polyvinyl plastic, treated lumber
and galvanized nuts and bolts may
be used.
5. Size
The width of a walkover should be
based on the expected volume of
pedestrian traffic. If a walkover will
be infrequently used, a width of
two feet should be sufficient.
Walkovers intended for two-way
passage should be wider, perhaps
three or four feet. A width of six
feet may be appropriate for a
walkover subject to heavy use. The Figure 7.11: Dune Walkover
Building Guidelines
structure's height should be at
least one to one and a half times its width (three feet minimum) to allow
sunlight to reach vegetation underneath. In any case, the deck of the walkover
must be of sufficient elevation to accommodate the expected increase in dune
height. Basic structural guidelines for walkovers are detailed in Figure 7.11.
6. Construction Guidelines
Space the slats forming the deck of the walkover 1/2 inch apart so that sunlight

and rainfall can penetrate to plants below and so that sand will not accumulate on
the deck.
Place the supporting piers as far apart as possible along the length of the structure. A
distance of at least six feet between pairs of piers is recommended. Implant the piers
at least three feet in the ground to ensure stability. A depth of five feet or more is
advisable to allow for erosion around the piers during storms. Install the piers with a
hand auger or posthole digger rather than with a tractor. Walkover piers should not
be set with cement. Repair damage to the dune area as soon as possible.
7. Providing handrails on both sides of the walkover is recommended as a safety measure
and to discourage people from jumping off into the dunes. Railings are particularly
advisable on public walkovers and those that are high above the ground. Railings
should be at least three feet high.
8. To enable wheelchair use on a Figure 7.12: Dune Walkover Design
walkover, inclined ramps with a
20 percent slope (a one- foot
rise for every five feet in length)
may be built at each end of the
structure. Ramps are
recommended for any large
public walkover.
9. Design- See Dune Walkover (A) Pier Supported with Steps
Designs in Figure 7.12.
• Design A has a flat deck with
steps at each end.
• Design B has ramps instead of
steps, and the deck is arched
where dune formations are
highest.
• Design C may be adapted to (B) Pier Supported with Ramps
suspend for access over areas
that cannot be disturbed.
• Fence / Pole Installation

Utilize open fence surface designs
(split rail fence or chain link fence) and
(C) Suspended Design
follow existing grades.
1. Handheld tools are recommended Source: Dune Protection and Improvement
for digging fence posts and all Manual Texas Land Office
other single pole items (flag pole,
mailbox, sign, utility pole, birdhouse, birdfeeder, basketball hoop and yard art, etc.).
2. If the contour of the dune is disturbed, it must be restored to the pre-construction
profile.

• Re-Vegetation and Stabilization of Disturbed Areas

1. Utilize native tree, shrub, grass, and wildflower species that represent those
species which were removed (or reflect the ecological community in the
immediate area) within building and driveway buffers to facilitate maintain and
preserve the ecological diversity of the area.
2. Chosen species should be adapted for local soil and climate (temperature,
rainfall, hardiness zone).
3. Obtain plants from local nurseries to insure climatic acclimation.
4. Existing trees and plants include (but are not limited to)
• Myrtle Oak (Quercus myrtifolia)
• Pinebarren Flatsedge (Cyperus retrosus)
• Muscadine (Muscadinia rotundifolia)
• Slash Pine (Pinus elliottii)
• Southern Magnolia (Magnolia grandiflora)
• Live Oak (Quercus virginiana)
• Blue-Eyed Grass (Sisyrinchium)
• Salt Bush (Atriplex)
• Button Bush (Cephalanthus)
• Oleander (Nerium oleander)
5. Replace native trees that were removed with appropriate native trees species,
with 50% of the trees having a minimum of a 1” caliper measured at 6” above
planting line.
6. Vegetation should be planted with the following spacing / density: Hardwoods:
10’ X 10’, Conifers: 8’ X 8’, Shrubs: 6’ X 6’, Grass plugs: 1’ X 1’.
7. Re-vegetate in stages as portions of the site are complete. Re-vegetate all areas
as soon as possible following completion of construction, not to exceed 2 months
following Certificate of Occupancy.
8. Maintain vegetation for a minimum of 5 years. Vegetation that dies for any
reason should be replaced.
9. Avoid all introductions of invasive and exotic species to the landscape.
10. Minimize the width of maintained buffers around buildings (10 ft.) and associated
driveways (5 ft.) so that a greater area is vegetated with native species.
• Trimming Branches and Physical Wounds

1. Make clean cuts with a sharp saw just inside the swollen branch collar.
2. Seal all cuts immediately to prevent disease on all oaks during the growing season. Do
not seal cuts for other species when trimming in the dormant season.
• Removal of Blown Sand
1. Only remove sand deposited on decks, walkways, driveways, carports, manicured
lawns, etc. and allow blown sand to remain in other vegetated areas.
2. Utilize snow fencing / sand fencing to establish temporary windbreaks (especially
when vegetation is dormant) to “capture” sand and avoid the need for continued

removal of blown sand.

3. Within the Dune Protection Overlay District, encroaching sand from the dune system
may be removed from lots and is required to be relocated within the dune system,
provided that it is placed as near to the excavated site as practicable, as determined
by the Building Inspector. Each application for the removal of encroaching sand will
be determined on a case-by-case basis. A plan including methods for sand removal,
transport and placement will be required to adhere to existing land disturbance
regulations and permitting. Removal of additional sand on an annual basis requires a
land disturbance permit.
• Building Foundations
Open foundations are recommended for the Dune Protection Overlay District. Open
foundations are constructed in such a manner to allow water and sand to flow freely through
them. Open foundations also minimize the total surface area that water and sand may act
upon. When compared to closed foundations for the same size building, an open
foundation will have lower-magnitude water and sand forces acting on the foundation.
Simply stated, the portion of the foundation above exterior grade is minimal and allows
nearly unrestricted movement of water and sand beneath the building. Below-grade
foundation components can be described as a deep foundation with deeply driven or jetted
piers or caissons or shallow foundations with footings or grade beams. Terms such as
‘deep’ and ‘shallow; are relative and are best used to refer to the maximum scour and
erosion anticipated during a design event or during the project life of the building.
*NOTE: All figure numbers and suggested techniques are sourced from FEMA’s Local
Officials Guide for Coastal Construction: handbook. They are as follows

• Deep, Open Foundations

Buildings founded and supported by driven or jetted piles or caissons in deep soil strata
generally offer the greatest resistance to coastal hazards. When supported by foundations
deep enough to retain sufficient strength to resist flood and sand loads after scour and
erosion have removed soils around the foundation, properly constructed buildings can fair
well, even when exposed to wind loads, see Figure 7.13.
Post-event assessments have revealed success stories, even when building have been
exposed to conditions greater than those anticipated during a design event. Unfortunately,
post-event assessments of building on deep foundation in coastal areas often reveal
failures due to poor construction. Many of these failures result from the use of inadequately
designed foundations or inadequate connections between the elevated structure and its
foundation.
Figure 7.13: Open Foundation Design
• Pile Foundations
Pile foundations consist of deep vertical piles installed to support an elevated structure,
see Figure 7.14. Because pile foundations are typically set deep within the soil, they are
inherently less susceptible to scour and erosion. Piles rely primarily on the friction forces
that develop between the pile and the surrounding soils (to resist gravity and uplift forces)
and on the compressive strength of the soils (to resist lateral movement and maintain the
structure’s lateral stability). The soils at the ends of the piles also help resist gravity loads.
When the piles rest on their pile tips for load bearing, the designer must show that the soil
surrounding the piles provides appropriate lateral stability. Serious consideration should

be given by the designer to ensure that the structure is capable of maintaining its lateral
stability during a storm event.
Figure 7.14: Pile Foundations
Piles are typically treated wood timbers, steel pipes, or precast concrete members. Other
materials, such as fiber-reinforced polyester (FRP), are available but are not commonly
used in residential construction. For load pater continuity, consideration should be given
to extending the timber piles to the roof level (in single-story buildings) or to the second
level (in multi-level buildings). This provides additional stiffness to the structure that
reduces undesirable deflection in the building, increases the ability of a building to resist
lateral loads, and may reduce the need to cross- brace the piles.
Crucial aspects of a pile foundation include pile size, installation method, embedment
depth, bracing and connections to the elevated structure. Inadequate embedment and the
use of improperly-sized piles greatly increase the probability of structural collapse. Piles
are appropriate for use within all coastal zones when the bearing and lateral capacities are
verified by a geotechnical engineer.
The method of installation is a major consideration in the structural integrity of pile
foundations. The ideal option when not constructing of top of a dune or at the dune crest,
is to use a driven-pile method, as it disturbs the supporting soil around the pile the least
amount and results in the highest bearing capacity for each pile. Through this method, the
pile is held in place with leads while a single-acting or double-acting diesel- or air-powered
hammer drives the pile into the ground.
Driven piles may be set with vibratory hammers or with drop hammers, with drop
hammers typically proving to be the less expensive choice. A drop hammer consists of a
heavy weight raised by a cable (attached to a power-driven winch) which is then dropped
onto the pile.
Jetting is the most frequently used method of inserting piles into sandy soil. Jetting involves
forcing a high-pressure stream of water through a pipe that advances with the pile. The
water creates a hole in the sand as the pile is driven until the required depth is reached.

Unfortunately, jetting loosens the soil that will support the pile and the tip, resulting in a
lower load capacity due to less frictional resistance, see Figure 7.15.
Figure 7.15: Pile Installation Methods
If steel piles are employed, only the driven-pile method should be used. For any pile driving, the
authority having jurisdiction, or the engineer-of-record may require that a driving log is maintained
for each pile. The log will record the number of blows required per foot as driving progresses. This
log is a key factor used to determine pile capacity.
Holes for piles may be excavated by an auger if cohesive soils with sufficient clay or silt content
are present to prevent cave-in. Auguring can be used alone or in conjunction with pile driving. If
the hole is ‘full-sized’, the pile is dropped in and the void backfilled. Alternatively, an undersized
hole can be drilled, and a pile driven into it. When soil conditions are appropriate, the hole will
stay open long enough to drop or drive in a pile. However, when constructing a building on top of
a dune or at the dune crest, jetting is the pile is the recommended and preferred method to avoid
the degradation of the dune due to the use of the heavy equipment required to drive a pile.
Wood Pile-to-Beam Connections- Wood piles are used in many coastal areas for open foundations.
These piles are often notched to provide a bearing surface for a beam supporting the house above.
When this method is used, the notch should not reduce the pile cross section more than 50
percent (such information is typically provided by a designer on the building plans). A larger pile
notch than 50 percent will result in a reduced capacity to carry lateral loads at the connection. Also,
for proper support of vertical loads, the beam should bear on the surface of the pile notch.
Post-disaster investigations have observed that the wood-pile-to-beam connection point has been
a critical link. If there is a poor connection at the point where the top of the pile connects to the
building itself, failure may occur. An engineer should design the connection between a wood pile
and the elevated structure. This connection may require pile bracing on order to reduce a pile’s
unbraced length and maintain a strong connection. Engineers should consider the pile group, the
connections, and the floor system (diaphragm) as an entire system. In order to eliminate pile and
connection failures, it is important that the floor system and the pile group act as a complete
system and not independently.

Pile Bracing-While foundation designs that are free of bracing are preferred, most foundation
designs using timber piles rely upon bracing. When installed properly, bracing increases the
stiffness of the pile group that (in some cases) may allow for wider spacing of piles beneath the
building or smaller diameter piles to be used. The inclusion of bracing increases the axial capacity
of a timber pile due to the reduction in unbraced length. Bracing also reduces lateral
displacements of the building by stiffening the foundation.
In wood-framed construction, bracing typically involves diagonal cross-bracing. Diagonal cross-

bracing consists of long, slender steel rods or dimensional lumber installed diagonally between
adjacent piles. Knee braces are shorter members installed between piles and the beams they
support. Knee braces extend from the upper portion of the pile to the beams and support the pile
in such a manner that the unbraced length of the pile is effectively reduced while allowing the floor
system to be elevated as high as possible. Due to the strength limitations inherent in wood framing,
however, some of the proper connections required to transfer the loads are difficult to obtain with
wood framing.
Diagonal cross-bracing is the most effective means of bracing a pile to reduce the unbraced pile
length, but this method has vulnerabilities when used on coastal foundation applications, see
Figure 7.16.
The braces themselves can obstruct moving floodwater and increase a foundation’s exposure to
impact from waves and
Figure 7.16: Pile Bracing Methods debris. Knee-bracing is less
vulnerable to flood loads
and debris impact but may
not provide as much
stability and support as
diagonal cross- bracing.
Because diagonal braces
tend to be slender, these
members are susceptible to
compression failures;
hence most bracing is
considered tension-only
bracing. Because wind loads
and (to a lesser extent)
flood loads can act in
opposite directions,
tension-only bracing must
be installed in pairs. One set
of braces resists load from
one direction while the

second set resists lads from the opposite direction. The figure below shows how tension-only
bracing pairs resist lateral loads on a structure. The orientation of the bracing is an important design
consideration and it is important that the bracing is constructed in a manner consistent with the
plans. Bracing should be oriented parallel to the anticipated direction of the flow of water to
reduce the potential for debris dams.
The placement of the bolted connection of the diagonal cross brace to the pile requires considerable
judgment. If the connection is placed too high above grade, the pile length below the connection
is not braced and the overall bracing will prove less strong and sturdy. If the connection is placed
too close to grade, the bolt hole is more likely to be flooded or infested with termites. Because the
bolt hole passes through the untreated part of the pile, flooding and subsequent decay or termite
infestation may weaken the pile at a vulnerable location. The bolt hole should, therefore, be treated
with a preservative after drilling and before bolt placement. Knots and other imperfections in the
pile and bracing should also be considered when selecting the connection points.
The use of knee braces involves installing short diagonal braces between the upper portions of the
pilings and the floor system of the elevated structure.
The braces increase the stiffness of an elevated pile foundation and can be effective at reducing
the lateral forces on a home. While knee braces do not stiffen a foundation as much as diagonal
bracing, they do offer some advantages over diagonal braces. For example, knee braces present
less obstruction to waves and debris, are shorter than diagonal braces, and are usually designed for
both tension and compression loads. Unlike diagonal braces, knew braces do not reduce bending
stresses within the piles (in fact, knee braces can actually increase building stresses) and will not
reduce the diameter of the piles required to resist lateral loads. The entire load path into and
through the knee braced must be designed with sufficient capacity. The connections at each end
of each knee brace must possess sufficient capacity to handle both tension and compression and
to resist vertical loads in the brace. The brace
Figure 7.17: Knee Brace Connection
itself must have a sufficient cross-sectional
Example
area to resist compression and tensile loads,
see Figure 7.17.

§7.10.6.3 SUGGESTED BEST MANAGEMENT DESIGN AND IMPLEMENTATION


SECTION 7.11 TREE PROTECTION REQUIREMENTS

Prior to any type of land development, a tree survey is required from the land owner that shall be
reviewed and approved by the Town of Dauphin Island. The following requirements are enacted
into law by the Town Council of the Town of Dauphin Island as Tree Ordinance No. 87B. The Tree
Ordinance was created so tree removal activities can be properly managed due the protection
trees provide in stabilizing the structure and foundation of the barrier island. The Town must
ensure proper development standards are followed and enforced in order to sustain the resiliency
of the Island and protect property values. The tree ordinance is based with the following facts and
reasoning in mind:
• stands of mature trees can reduce the force of hurricane winds by as much as 70% or
more, the removal of trees will most certainly expose the Town of Dauphin Island to
substantially more risk and damage, increasing insurance costs for the community,
reducing property values and, in short, placing the residents of the Town of Dauphin
Island in harm’s way, economically, physically and aesthetically and;
• erosion is a constant threat to the landmass of a barrier island, and when a tree is
destroyed, the soil it took to build that tree is forever lost. The absence of the trees lateral
root network, usually entwined with the “mat” of surrounding trees, results in the
washing away of topsoil and elevation into ditches where it is carried away and;
• vegetation is equally threatened and is unique from most mainland species, provides
predator protection, mating accommodation, nesting for birds, is an important ecological
feature for preservation of threatened reptiles and amphibians, and is a critical element
in the island’s rich history and;
• migratory bird species depend on our unique vegetation for food, recovery, and nesting
before continuing their seasonal migration to other states and countries, and a wide
variety of local species depend on these same trees and vegetation for weathering
storms, winter cold, and as a food source and;
• depletion of these plants endangers not only the landmass of the island, but is also
exceedingly harmful to the wildlife, ecology, natural hurricane resilience, economy, and
property of neighbor.
§ 7.11.1 PURPOSE OF TREE PROTECTION REQUIREMENTS

The purpose of the tree protection requirements is to preserve, protect, replace and
properly maintain trees and vegetation within the Town. Trees provide the following
benefits:
1. They are an important public resource;
2. Preserve and enhance the Town’s natural and aesthetic environment, especially its
natural and unique atmosphere;
3. Enhance the air quality by filtering air pollutants;

4. Reduce topsoil erosion by the holding effect of the roots, protecting the structural
integrity and sustainability of this barrier island;
5. Minimize and reduce storm water runoff;
6. Provide a buffer and screen against noise pollution;
7. Provide a buffer and screen against light pollution;
8. Reduce energy consumption by acting as a windbreak and producing shade;
9. Preserve and enhance nesting areas for birds and other wildlife, which in turn, assist in
the control of insects;
10. Protect and enhance property values;
11. Protect and enhance the quality of life and the general welfare of the town;
12. Improve the compatibility of uses by providing privacy and enhancing the aesthetic
transition between uses.
§ 7.11.2 DEFINITIONS
For the purposes of this Ordinance, a “tree” is defined as a self-supporting, woody plant,
together with its root system, having a well-defined stem or trunk or a multi-stemmed trunk
system, a more or less well-defined crown, and a minimum height of eight (8’) feet. “Tree”
does not include trees in containers or nursery stock trees kept or maintained for resale.
“Vegetation” is herein defined as perennial bushes and shrubs.
“Diameter Breast Height (DBH)” is considered the standard measurement method used to
measure a tree which defines the attributes of a tree. For the purposes of this Ordinance, a
DBH threshold is established for the purpose of protecting existing trees. DBH is herein
defined as the diameter of the tree at 4.5 feet or 54 inches above the ground. The DBH
requirement for protected trees in this Ordinance is 4” DBH; or approximately 12 ½ inches
in circumference at 4 ½ feet from the ground.
Comment: To calculate DBH, measure 4 and one half feet (4 ½‘) up the trunk from the ground
and demark that height. Measure the circumference of the tree at this height. Divide the
measurement by pi (3.14) and round to the nearest whole number to get the diameter of
the tree at breast height, or DBH. For example, a tree that measures 30” in circumference at
4 ½‘ will have a DBH of 10” (30 ÷ 3.14 = 9.5 or 10”).
For a complete list of all tree definitions and related terms, see Article 2: Definition of Terms.
§ 7.11.3 TREE RETENTION, REMOVAL & MITIGATION

• Permit required. No person shall remove or destroy any tree, that is four inches (4”) or
greater in diameter at DBH (4 ½ feet above grade), on any lot without first obtaining a tree
removal permit from the Building Inspection or Zoning Enforcement Department in
accordance with the procedures set forth in this section. Further, no person shall remove
or destroy any such tree located in the common open space of any development or on
Town right-of-way without first obtaining a tree removal permit.

• New Construction
a) Trees four inches (4”) or greater in diameter at DBH, located within the property
setbacks shall remain in place and may not be removed except for Exempt Trees as
listed in § 7.11.7.
b) Trees four inches (4”) or greater in diameter at DBH, but not considered a ‘Heritage
Tree’, located within the footprint of the proposed primary structure, a five-foot (5’)
perimeter around the structure (provided it does not enter into the property setbacks)
and a single lane ten-foot (10’) driveway may be permitted to be removed without any
mitigation required. If permitted to be removed, ‘Heritage Trees’ will be mitigated at
a 3:1 ratio regardless of location.
c) Trees four inches (4”) or greater in diameter at DBH, located in any other area of the
lot, will be mitigated at 3:1 ratio.
• Vegetation Removal
Vegetation removal does not require a separate permit when carried on under a tree
removal permit. Vegetation is not mitigated. Replanting of vegetation is strongly
suggested and native vegetation is preferred. A brochure entitled ‘Desirable Native
Plants of Dauphin Island’ by J. McCune Dudley, with listings of desirable native plants
for the island may be obtained through Dauphin Island Town Hall.
Oversight of the tree removal project will be performed by the Town Building
Inspector and/or Zoning Enforcement Officer.
• Developed Land
Each tree permitted for removal shall mitigated on a 3:1 ratio. In determining
whether to grant or deny a permit the Inspector shall consider:
a) the effect of the proposed tree removal upon the stabilization of soil;
b) the intended use of the property and feasible alternatives which would preserve
existing trees;
c) the existing topography, proposed changes in the topography and proposed
landscaping;
d) the hardship imposed, or the reasonable use denied to the applicant as a result of
permit denial; Note: economics does not constitute a hardship.
e) heritage value of the trees;
f) good horticultural and forestry practices;
g) the likelihood that the proposed action will adversely affect the control of
flooding or soil erosion;
h) the impact of such action on surrounding property or persons;
i) the consistency of the proposed action with the purpose of this section.
§ 7.11.4 PERMIT PROCESS

Tree removal permits shall be issued only after the Inspector/Officer has received the tree
removal application package including, but not limited to, photographs of the property with

trees to be removed marked thereon; and a completed application for such permit which
has been signed by the property owner. In the case of new construction, the applicant is
required to present a survey of the property including the location of the principal structure,
the location of the proposed driveway, and the identification and location of existing trees
and vegetation. Neither a tree removal permit nor a building permit will be issued without
this survey. Also, in the case of new construction, the mitigation must be accomplished prior
to the issuance of a Certificate of Occupancy.
A permit shall expire and become null and void if work authorized is not commenced within
six (6) months from the date of the permit or if such work, when commenced, is suspended
or abandoned at any time for a period of six (6) months. If work has commenced and the
permit becomes null and void or expires because of lack of progress or abandonment, a new
permit for the proposed tree removal activity shall be required before proceeding with
further work.
§ 7.11.5 MITIGATION COSTS

For each tree mitigated, a fee will be paid to the Town of Dauphin Island Environmental
Mitigation fund. These funds will be used in future environmental enhancement projects by
the Town. The value of each non ‘Heritage Tree’ to be removed will be One Hundred Fifty
($150.00) Dollars with a cap of Ten Thousand ($10,000) Dollars per permit. Separately, the
value of each ‘Heritage Tree’ to be removed will be One Thousand ($1000.00) Dollars.
§ 7.11.6 PROHIBITED ACTS

The following acts are expressly prohibited by this ordinance. Any performance of these
actions is in violation of this ordinance and subject to fines and penalties as set forth herein.
A Certificate of Occupancy shall be withheld or a lien on the title shall be filed, as applicable,
until the fine is paid according to the fine schedule.
1) Clear Cutting – Clear cutting of trees and other vegetation from a parcel of property on
Dauphin Island is a severe violation of this tree ordinance and is strictly prohibited. A fine
of not less than $5,000 and not to exceed $10,000. Note: Leaving just one or two trees on
a parcel of property still constitutes clear cutting.
2) Removal of Trees on Town of Dauphin Island Right-of-Way. Unauthorized cutting of trees
located, either partially or wholly within the Town Right-of-Way, is a violation of this tree
ordinance and is strictly prohibited. The placement of public utilities (water, power,
telephone) installed by duly licensed public utility companies may be approved by the
Town Inspection Department. A permit may be granted by the Town Inspection
Department for the authorized removal of trees in the right-of-way for a single lane (10’)
driveway after a tree removal application has been submitted and a Tree Removal Permit
issued.
3) Removal or Damaging of a ‘Heritage Tree’ - Large trees, particularly Live Oaks (30” DBH),
all other hardwoods (24” DBH), Pines (18” DBH), and Magnolias (12” DBH) or more and all
Cedars are considered ‘Heritage Trees’ which are particularly important to our history,
preservation and the ecology. Unauthorized removal of Heritage Trees either by a

property owner or a contractor is in violation of Dauphin Island’s Tree Ordinance and is

strictly prohibited. These trees are only considered for removal or substantial trimming on
a case-by-case basis by the Town of Dauphin Island Inspection Official or authorized
designee.
4) Unapproved Removal of Trees - Unauthorized removal of trees either by a property owner
or a contractor is in violation of Dauphin Island’s Tree Ordinance. A tree removal
application, signed by the property owner, must be submitted to obtain a Tree Removal
Permit. The application will be reviewed, and a site visit will be performed by the Building
Inspection Department prior to the issuance of a Tree Removal Permit. Both the property
owner and the contractor shall be responsible for fines for taking of unauthorized trees,
and a Certificate of Occupancy shall be withheld until all fines are satisfied. Repeated
violations by contractors will result in cancellation of their business license.
5) Damaging Unapproved Trees While Removing Approved Trees - Accidental damage to trees
unauthorized for removal during construction must be avoided. Should an unapproved
tree be damaged so as to consider it being dying or destroyed, the applicable fine for taking
of unauthorized trees shall apply. Both homeowner and contractor shall be jointly
responsible for such damage and payment of the fine. A Certificate of Occupancy shall be
withheld or a lien on the title shall be filed, as applicable, until the fine is paid according to
the fine schedule.
6) Destruction of Trees by Other Means – Destroying trees by means other than authorized
clearing (poisoning, destroying the root system, burning, etc.) is strictly forbidden.
7) Harvesting Trees for Profit - Harvesting of trees for profit (pulp wood, pilings, telephone
poles, etc.) is strictly forbidden. Dauphin Island tree grain is twisted from hurricanes and
unsuitable for most applications.
§ 7.11.7 EXEMPT TREES

The following is an exotic species, which is difficult to control, or otherwise unsuitable for this
area, and is exempt from the replacement/mitigation requirement of this ordinance:
• Triadeca sebifera (also known as Sapium sebiferum) Chinese Tallow (Florida aspen,
Chicken tree, Popcorn tree, Candleberry tree)
§ 7.11.8 VIOLATIONS AND PENALTIES

1) It shall be an offense for any person to perform any of the actions listed in § 7.11.6
Prohibited Acts, or to remove a tree without having first obtained a Tree Permit. It shall be
an offense for a property owner to employ, authorize, allow or direct any third person or
entity to perform any of the actions listed in § 7.11.6 Prohibited Acts, or to remove a tree
without having first obtained a Tree Permit. A fine of One Thousand ($1,000) Dollars will
be levied each against the property owner and contractor upon such an offense.
2) A separate offense shall be deemed to have been committed for each tree removed
without a Tree Removal Permit in violation of the provisions of this section.

3) In such instances, if the trees have been removed from the property, tree stumps will be
used to determine the number and size of trees removed in violation of this ordinance. In
the event that the stumps have been removed, the nearest undeveloped, wooded piece
of property shall be used to determine an approximation of the number of trees in violation
for the purpose of determining a fine assessment and for mitigation.
In the absence of a nearby undeveloped, wooded lot, the fine will be Ten Thousand
($10,000.00) Dollars, and the trees will be mitigated 3:1 according to the approximation.
SECTION 7.12 DESIGN GUIDELINES & BUILDING REQUIREMENTS IN ABOD

All new developments within the Aloe Bay Overlay District (ABOD) shall align with and include
design elements suggested in the Town of Dauphin Island’s Aloe Bay Town Center Master Plan.
See map in Figure 4.4 of this Ordinance for the location of the ABOD where said requirements
shall apply.
§ 7.12.1 PURPOSE & INTENT

The purpose and intent of the ABOD is to implement design guidelines and construction
standards that will create a “town center” to bring the community together and illuminate the
Town’s unique civic identity that distinguishes the Island from any other. Dauphin Island is a
quiet, laid-back, low-scale, funky town for fishing, vacations, and living. These elements define
the sense of place that identifies Dauphin Island for what it is and this identity should be
aesthetically evident when crossing the “bridge to paradise.” Ensuring that proper and
appropriate design and construction elements are achieved in the creation of Aloe Bay are
essential to achieving the goals of the Aloe Bay project.
§ 7.12.2 USES & ACTIVITIES

Uses permitted in the ABOD include a diverse mix of land uses that support working waterfront
activities, along with mixed-uses and public facilities to enhance economics, tourism, and
resident opportunities for the Town of Dauphin Island. The overall goal of the ABOD is to
provide public access to Dauphin Island’s waterfront for all to enjoy and utilize for boating,
fishing, shopping, dining, living, working, recreation, lodging, and the like.
§ 7.12.3 DESIGN GUIDELINES

All new developments along De Soto Avenue and within the ABOD where applicable, shall be
required to provide active uses at street level to engage passersby. A second layer of activity
is required on an elevated boardwalk at the finished floor height to connect individual buildings
together. This upper level of activity will provide access from one building to the next without
having to walk up and down stairs each time to access adjacent buildings. This elevated level
of activity shall require shade elements such as awnings, trees and landscape if possible, and
shopfront windows.
All developments must align with the suggested guidelines outlined in the Aloe Bay Master

Plan and reviewed and approved by the Planning Commission before construction can
proceed. Any new development within the ABOD must address and include urban design
elements that are effective and appropriate for the ABOD. Such elements, at a minimum
include, but are not limited to:
• Native and resilient vegetation and landscaping
• Lighting intensity and placement
• ABOD designed signage, lighting, and fencing
• Integration and connectivity into Town’s boardwalk system
• Streetscapes to include sidewalks, natural edges, street furniture, and street trees
§ 7.12.4 CONSTRUCTION STANDARDS

Buildings should be constructed with materials or have the appearance of materials that
respects the community’s character and remain true to its identity. At the same time, building
codes and ordinances require finished floors to be elevated while the ground level must be
able to withstand flooding. Care should be taken to create sturdy ground levels that provide
an activate edge along the street, while upper habitable floors exhibit the charm of the fishing
village for which Dauphin Island has been known.
All new developments shall be required to create frontages both toward the water, and along
De Soto Avenue. At the same time, buildings must be elevated off of the street level to place
them above the flood zone. Buildings shall utilize the ground level of elevated buildings with
play areas, bars and music venues, bike rentals, or ice cream shops, just to name a few. This
ground level area can also be used to provide the required parking for the use. However, in
order to make the ABOD a pedestrian-oriented district, it is important to ensure the water
frontage is designed using urban elements specific to the island and distinct from other
communities. Public space and water access is required for all development to provide a place
where people can enjoy views of the water and utilize all waterfront activities and connectivity
without interruption. Other mandatory construction requirements include, but are not
limited to:
• Wide sidewalks
• street trees
• street furniture
• Green/open space
• Parking provided on-street and under elevated buildings
• Pedestrian access for all low-scale modes of travel: walking, cycling, golf carts
• Public spaces mixed with privately owned or operated facilities
• Boardwalks, docking, and pavilions which all have public ownership and public-access.

Key, identifiable landmarks around the Town should also be implemented to create a sense of
identity for locals. Streets must be designed for people, as a place to be. Access must
be provided to the shops, waterfront businesses, and boat ramp. Parking must be provided for
cars, bikes, and golf carts. To limit congestion and the need for excessive parking, safe and
connected pathways must be provided for uninterrupted connectivity throughout the entire
boundary of the ABOD.
Low Impact Development (LID), or green infrastructure, is a sustainable approach to stormwater

management that utilizes landscape to retain stormwater on site and reduce runoff volumes
through infiltration into underlying soils and evapotranspiration via plants to limit nuisance
flooding and demand on drainage infrastructure. The goal of LID is to restore the stormwater flow
pattern on a site to a state similar to the pre-development condition. Many LID practices are
creative applications of conventional Best Management Practices (BMP). Green infrastructure is
an integral part of the overall stormwater management system in the ABOD due to its ability to
filter, clean, and absorb stormwater runoff. The use of LID and green infrastructure methods is
required for all new developments within the ABOD.
Green infrastructure can also be designed as an amenity with additional benefits for wildlife,
recreation, and interaction with nature. The ecology and natural environment must be protected
during and post construction process for new developments. Building techniques such as green
infrastructure, obtaining local materials, and low environmental impact designs must be applied
during construction to mitigate the negative influences on the natural environment.
§ 7.12.5 PROHIBITED USES

Prohibited uses includes any land use or activity that does not align with the goals and
recommendations outlined in the Aloe Bay Master Plan. All developments are subject to the
review and approval of the Town and Planning Commission.
SECTION 7.13 CONSTRUCTION CONTROL LINE (CCL) STANDARDS

The Construction Control Line (CCL) was surveyed and established by the Alabama Department of
Environmental Management (ADEM). It is defined as the boundary line on the seaward side of
Dauphin Island from the east end of the Island to the west end of the Island. No construction or
excavation is allowed in the CCL boundary area as established by Administrative Rules of the
ADEM. The Municipality of Dauphin Island is a contract entity with ADEM, and is therefore bound
by ADEM's requirements and regulations for the Coastal Construction Line (CCL) Area. The Town
of Dauphin Island has the responsibility in the municipality of Dauphin Island for ensuring the
continuing quality of the CCL area.
§ 7.13.1 PURPOSE & INTENT OF THE CCL

The CCL was established to minimize danger to life, loss of public and private property,
and beach erosion caused by flooding and wave action during storms. The primary dune
System in its natural state, provides a buffer which protects upland areas from flooding

and wave action, and serves as a sand reservoir that feeds and aids in the stabilization
of the beach.
§ 7.13.2 LOCATION OF THE CCL BOUNDARY AREA

The CCL boundary area is located on the seaward side of Dauphin Island from the east end
of the Island to the west end of the Island from the mean high tide line seaward. The
Coastal Area is defined as the land area below the ten (10) foot contour interval, and
extending three (3) miles from Mean High Tide into the Gulf of Mexico.
§ 7.13.3 REGULATIONS IN THE CCL

1. On the seaward side of Dauphin Island between the west end of the Island to the
East Bastion of Fort Gaines, no structures shall be constructed between mean
high tide and the construction control line.
2. No structures shall be constructed or erected between the West end of Dauphin
Island and the East Bastion of Fort Gaines in the area between mean high tide and
two hundred (200) feet south of mean high tide.
3. Any structure in existence in the area described in this sub-section on the
effective date of the adoption of this Ordinance, shall constitute as a non-
conforming structure and may remain without modification or extension.
• If the structure is damaged or destroyed more than 50% of the physical
structure, the remaining portion or parts of the structure shall be removed
within a reasonable time as determined by the Town Building Inspector at
the sole expense of the owner(s) of the structure. As used in this application,
“damaged or destroyed more than 50% of the physical structure” shall mean
65% of the deck/walkway destroyed or damaged, or 35% of the
deck/walkway and 35% of the piles destroyed or damaged.
• Any repairs started prior to obtaining a building permit shall constitute a
structure damaged or destroyed more than 50%.
• This provision shall not apply to any structure owned and/or operated by a
public or quasi-public body for use by the general public, and such structures
shall be deemed non-conforming structures and may be replaced or repaired
after damage or destruction at the discretion of the public or quasi-public
body which owns and/or operates the structure.

ARTICLE 8
Supplemental Regulations & Special Provisions
§ 8.1 HOME OCCUPATIONS & HOME OFFICES

§ 8.2 NON-CONFORMING STANDARDS
§ 8.3 RV REGULATIONS & RV PARK STANDARDS
§ 8.4 AUTO REPAIR & GAS STATIONS
§ 8.5 TEMPORARY BUILDINGS, USES, AND PERMITS
§ 8.6 MANUFACTURED HOME STANDARDS
§ 8.7 TELE-COMMUNICATION TOWERS
§ 8.8 SHORT-TERM & LONG-TERM RENTALS
§ 8.9 SHIPPING CONTAINERS
§ 8.10 MULTI-FAMILY STYLE HOUSING REQUIREMENTS
§ 8.11 FISHING CHARTER REGULATIONS
§ 8.12 ABOVE GROUND FUEL STORAGE REQUIREMENTS
SECTION 8.1 HOME OCCUPATIONS & HOME OFFICES

• It is the purpose of this Section to provide residents of the Town of Dauphin Island a range
of opportunities in the use of their private residences for profitable home occupation
activities.
• Home Occupations and Home Offices are permitted in any zoning district where residential
dwelling units are permitted; however, the character and integrity of the Island’s
residential areas must remain protected, and residents must not be disturbed or adversely
impacted as a result of any activity related to the Home Occupation/Office. Therefore,
these regulations are established to ensure that such Home Occupation/Office activities
remain limited in scope and intensity so as not to interfere with the principal residential
use of any residential area or neighborhood. No home occupation shall be permitted which
might interfere with the general welfare of the surrounding residential area due to
potential noise, increased pedestrian and vehicular traffic or any other conditions which
would constitute an objectionable use of residentially-zoned property.
• A Home Occupation and/or Home Office License is required by the Town of Dauphin Island.
A Home Office use is permitted as a “Use Requiring Review”, which means a Home Office
license cannot be issued until the application is reviewed and approved by the Dauphin
Island Planning Commission. A Home Occupation is permitted as a “Special Exception use”.
A Home Occupation license cannot be issued until the application is reviewed by the
Planning Commission as well as additional review and approval from the Board of
Adjustment. A public hearing is required for a Home Occupation license as well.
§ 8.1.1 DEFINITION
For the purposes of this Ordinance, the definition of a Home Occupation and Home Office

Article 8 | Supplemental Regulations & Special Provisions
shall be as follows:
“A business, profession, occupation, or trade that is generally of a non-residential nature,
conducted within a residential dwelling unit for the economic gain or support of a resident
of the dwelling. It is incidental and secondary to the primary residential use of the property;
and it shall not or ever adversely and/or perceptively affect the character of the residential
property or any part of the surrounding residential area, in particular, the following shall
apply:”
• A Home Occupation: Receives clients and/or customers at the residence for

the purposes of offering and supplying a service and/or involve the storage
of materials related to the occupation such as recreational items to be
rented. Any materials used for the operation of the home occupation must
be completely screened from public view.
• A Home Office: Does not receive clients and/or customers at the residence
or involve the storage of materials related to the occupation such as
recreational items to be rented but maintains a home office within the
residence for the purposes of all business-related activities necessary for the
operation of the service and/or activity offered by the business. Any
business-related services or activities involving the public and/or patrons of
the business must be conducted off-site from the residence and are not, in
any way, permitted on the premises.
§ 8.1.2 GENERAL PROVISIONS

All Home Occupations and/or Home Offices shall meet the following criteria.
• If at any time the approved and licensed Home Occupation/Office changes, alters,
exceeds, increases, or expands the approved and licensed Home Occupation/Office
activity, or is causing a public nuisance or creating unsafe conditions of any kind,
the Planning Commission will review the circumstances and may suspend or revoke
the Home Occupation/Office license.
• The Building Official or his/her designee, shall be permitted upon reasonable
request to enter and inspect the premises of an approved Home Occupation/Office
at any time to verify compliance with these regulations. Any found violations must
be rectified within thirty (30) days, at which time a second inspection will be
performed to ensure compliance with these regulations.
• No more than one (1) Home Occupation license and four (4) Home Office licenses
shall be approved in any residential dwelling unit.
• Home Occupation/Office Licenses are not transferrable from one property owner
to another. Upon sale of property, the existing Home Occupation/Office shall cease
operation. New owners wishing to conduct the same or a different Home
Occupation/Office must apply for a new Home Occupation/Office license. Likewise,
if an existing license holder moves to a new location where the Home Occupation

and/or Home Office activities will be conducted, the license holder must notify the
Town of Dauphin Island of the new address and appear before the Planning
Commission for review and approval.
• Any Home-based businesses offering child or adult day- or nighttime-care services
to more than two (2) persons shall not be considered a Home Occupation under
this Section, but shall be regulated as a general business and shall not be permitted
in any residential district.
• A copy of any additional Federal or State permits that are required for the Home
Occupation or Home Office activity or service, such as Charter Fishing, must be
submitted with the Home Occupation/Office application before the Planning
Commission can approve and the license can be issued.
• A Home Occupation/Home Office may have one (1) sign, not more than one and
one-half (1.5) square feet in area fastened directly to the building. A Home
Occupation/Home Office may not have a sandwich sign either on-premise or off-
premise.
§ 8.1.3 HOME OCCUPATION & HOME OFFICE REGULATIONS

1. The Home Occupation/Office shall be confined entirely to the principal building,
which shall not be enlarged to accommodate the business activity.
2. The area used for the Home Occupation/Office activity shall not exceed twenty-
five percent (25%) of the gross floor area in the principal residential dwelling unit,
to a maximum of 500 square feet. For the purposes of this Section, “total floor
area” shall include all heated and ventilated areas within the dwelling. Garages,
carports, outside storage rooms, and porches shall be excluded.
3. There shall be no outside display materials, goods, supplies, or equipment used in
the Home Occupation/Office on the premises. Outside storage of materials, goods,
supplies or equipment must be completely screened from public view. Screening
shall not extend beyond the front of the principal building.
4. No merchandise shall be sold or distributed to customers on the premises.
5. For Home Occupations: not more than one (1) client/customer/patron is permitted
on the premise at any time.
6. The exterior appearance of the dwelling unit and/or premises shall not be altered,
nor the occupation/office within the dwelling unit conducted, in any manner that
would cause the premises to differ from its existing residential character or from
the character of the neighborhood.
7. Employment shall be limited to not more than two (2) members of the family
residing in the dwelling. In no case shall there be employment of help other than
members of the resident family.
8. Signage is allowed to identify each Home Occupation/Office and is limited to one
(1) Home Occupation sign, which is defined by this Ordinance as a sign fastened
directly to the building containing only profession/name of business, business

hours and contact information. The size of the sign shall not exceed 12 by 18 inches.
9. No more than two (2) business or commercial vehicles shall be parked at the
premises at any time – including but not limited to cars, vans, trucks, boats, and
utility and boat trailers. The required off-street parking shall be provided on the
premises, as directed by the parking regulations of this Ordinance. No parking of
commercial or residential vehicles, vessels, and/or trailers shall be permitted on
the right-of-way or in the required front yard. All must be located behind the front
building setback line of the property. In the case of a Home Occupation, a parking
plan must be included in the application.
10. The operation of a Home Occupation shall not create any visual, physical, or
odorous nuisance such as excessive traffic, on-street parking, noise, vibration,
glare, odors, fumes, smoke, dust, heat, fire hazards, electrical interference or
fluctuation in line voltage, or hazards to any greater extent than that normally
experienced in the residential neighborhood, or be present or noticeable beyond
the property boundaries of the home occupation premises.
11. Deliveries and shipments of business related products or materials by means of
tractor-trailers are prohibited.
12. The activity carried on as a Home Occupation shall be limited to the hours
between 7:00 A.M. and 8:00 P.M.
13. On-site repair work, manufacturing and processing uses, including building,
repairing or servicing vehicles, trailers, boats; or other repair or mechanical
fabrication shall be prohibited as a Home Occupation.
14. The on-site rental, use, and pick-up of rental equipment and products of any type
shall be prohibited as a Home Occupation. All rental equipment or products must
be delivered to the renter to an off-site location that is located in a non-residential
zoning district.
15. All applications for Home Office must include a signed disclaimer by the applicant
stating their Home Office Business will NOT RECEIVE CLIENTS ON THE PREMISES.
16. The following list of uses and/or activities are NOT considered suitable or permitted
as a Home Occupation but require a business license from the Town and must be
located in a non-residential zoning district where the business is permitted:
• Fishing Charter Services and other related Charter uses;
• Barber shop/Beauty Salon containing more than one (1) chair;
• Food handling, serving, processing, or packing;
• Uses which entail the harboring, training, raising or treatment of dogs, cats,
birds or other animals;
• Dining uses;
• Retail uses;
• Repair services including but not limited to major auto and boat repair
where repair services are performed on site;

•Lodging uses including boarding houses and Bed & Breakfasts; (these uses
are not considered a Home Occupation but rather a commercial use and
require business licenses)
• Uses and / or activities not specifically listed here shall be approved or
prohibited by the Planning Commission upon review of a Home Occupation
application.
16. Examples of Home Office uses include, but not limited to: Reservation services,
internet businesses that do not impact the neighborhood, bookkeeping,
record keeping, telecommuting, and the like.
§ 8.1.4 APPLICATION PROCEDURES

1. Any person who seeks a Home Occupation/Office license must submit the required
application and attachments to the Town of Dauphin Island. The application can
be found on the Town’s website at: www.townofdauphinisland.org.
2. The Planning Commission shall review the application at their regularly scheduled
monthly planning commission meeting. The application must be approved before
payment will be accepted and a license can be issued by the Town.
3. A Home Occupation is permitted as a “Special Exception” use. A Home Occupation
license cannot be issued until the application is reviewed by the Planning
Commission as well as an additional review and approval by the Board of
Adjustment at a public hearing in efforts to notify the adjacent neighbors of the
neighborhood business.
4. Each applicant for Home Occupation/Office approval shall submit a deed or current
tax record to the property on which the proposed business will be conducted. If the
applicant does not own the property, he/she shall obtain from the owner a signed
and notarized letter of authorization to apply for Home Occupation/Office
approval.
5. If an applicant fails to provide required documentation, or provides insufficient
information to determine compliance with this Section, the application shall be
denied.
6. A Home Occupation/Office license is valid for one (1) year. If the scope of work
changes in any way during the duration of the approved license, the applicant must
submit a new application for review and approval.
SECTION 8.2 NON-CONFORMITIES & GRANDFATHERING

It is the purpose of this Section to provide for the regulation of nonconforming buildings,
structures, lots of record, and uses, and to specify those circumstances and conditions under
which such nonconformities shall be permitted to continue, expand, or be modified; and the
circumstances under which a legal nonconformity shall be terminated. It is necessary and
consistent with the regulations prescribed by this Ordinance that nonconformities shall not be

permitted to continue without restriction to ensure orderly development, property values, and
property rights are protected and not subject to adverse effects.
It is the intent of this Ordinance that legal nonconformities be allowed to continue in accordance
with the requirements of this Section, but not to be any of the following, which would result in an
increase in the nonconformity:
1. INCREASED
2. EXPANDED
3. ENLARGED
It is also the intent of this Ordinance that any illegal nonconformity shall not be allowed to
continue. Any building, structure, lot of record, or use that was not lawfully permitted shall be
considered in violation of this Ordinance and will be subject to the fines and penalties set forth in
this Ordinance.
§ 8.2.1 NON-CONFORMING DEFINED

Existing nonconformities are existing buildings, structures, lots, and land uses (activities
that define how the land is being used), that were previously legally allowed and lawfully
permitted prior to the adoption of this Ordinance, but are no longer in compliance with
the provisions of the currently adopted zoning ordinance and subsequent amendments.
Existing nonconformities do not conform to the current zoning regulations of the zoning
district in which they are located.
A building structure, lot, or land use legally in existence at the time a new zoning ordinance
is adopted, but does not comply with the new zoning ordinance is considered "legal
nonconforming" and cannot be declared "illegal nonconforming" or in violation of the new
ordinance. Legal nonconforming properties have rights and are allowed to continue on
indefinitely with restrictions set forth in the ordinance. Nonconforming rights only apply
to a building, structure, lot, or use as it lawfully existed at the time of the adoption of the
new zoning ordinance or subsequent amendment(s.) The restrictions are as follows:
• The nonconformity may not be increased or expanded.
• The nonconforming portion of a structure may not be expanded,
• a nonconforming use may not be extended to other areas of the property.
§ 8.2.2 GENERAL PROVISIONS REGARDING NON-CONFORMITIES

Any building, structure, lot, or use of land existing at the time of the enactment of this
Ordinance and amendments thereto and not in conformance with its use regulations and
provisions may be continued subject to the following provisions:
• Disaster/Destruction- The rebuilding or renovating of any nonconforming structure or use
that is destroyed in the event of a natural disaster shall be determined by the Town of
Dauphin Island.

• Alterations- No nonconformity shall be enlarged upon, expanded, or extended unless

such alteration is in full compliance with all requirements of this Ordinance, except as
noted in this Article. Normal maintenance and incidental repair of nonconformity shall be
permitted, provided that this does not violate any other section of the Article.
• Unsafe Structures- Nothing in this Article shall be deemed to prevent the strengthening
or restoration to a safe condition of a structure in accordance with an order of a public
official who is charged with protecting the public safety and who declares such structure
to be unsafe and orders its restoration to a safe condition if repairable, or demolition if
determined to not be repairable.
• Maintenance- Nothing in this Article shall be interpreted to prohibit routine maintenance,
restoration of a structure to a safe condition, and/or internal renovations, provided the
total value of such activities does not exceed 50% of the appraised value of the structure
as determined by the County Tax Assessor.
• Relocation- No nonconformity shall be moved in whole or in part, for any distance
whatsoever, to any other location on the same or any other lot unless the entire structure
shall thereafter conform to the regulations of the zoning district in which it is located after
being moved.
• Accessory Uses & Structures- Regardless of any other provision of this Article, no use or
structure which is accessory to a principal nonconforming use or structure shall continue
after such principal use or structure shall have ceased or terminated, unless it shall
thereafter conform to all regulations of this Ordinance.
• Change in use- A nonconforming use which is changed to a conforming use shall not be
permitted to revert to the original or a less restrictive use.
• Discontinuance- A nonconforming use which became such upon the adoption of this
Ordinance and which has been discontinued for a continuous period of one (1) year shall
not be reestablished and any future use shall be in conformity with the provisions of this
Ordinance.
• Adjacent land- The presence of a nonconforming use in a zoning district shall not be legal
grounds for the granting of variances for other surrounding properties by the zoning
board of adjustment.
§ 8.2.3 TERMS RELATED TO NON-CONFORMITIES

• ILLEGAL NONCONFORMING
Uses, buildings, structures, and lots that were illegally established and not lawfully
permitted prior to the adoption of this Ordinance. Any illegal nonconformity shall
remain illegal and be subject to penalties, remedies, and fines that are pursued and set
forth in this Ordinance.
• LEGAL CONFORMING
A project meets all zoning district requirements including, but not limited to: use, area,
setback, height, density, and parking according to the most recently adopted zoning
ordinance, and has been legally established and/or permitted. A proposed use that is
allowed and permitted in the zoning district in which the lot is located, the use,

building, or structure may be expanded, increased in accordance with all other

requirements, within the buildable area defined by this Ordinance, provided that a
building permit has been issued and all local building codes have been met.
• LEGAL NONCONFORMING
Any land use activity or physical design of a building, structure, or lot of record that was
legally established and/or permitted prior to the effective date of a new Ordinance, and
was conforming to the zoning requirements of the previous Ordinance, but is currently
not in full compliance with the regulations of the new Ordinance. Legal
Nonconformities shall be permitted to continue indefinitely subject to the provisions of
this Article.
The municipal code recognizes the following categories of legal nonconformities:

• Nonconforming buildings, structures, and/or development site. These are buildings and/or
structures and/or development sites that were legal at the time they were established or
constructed, but now do not fully comply with the standards of the new Ordinance because
of their physical design concerning minimum yard setbacks, height or area limitations, and
other requirements. A building or structure nonconforming only as to height, area,
setbacks or coverage requirements of this Ordinance may be altered or extended, provided
such alteration or extension does not increase the degree or nonconformity in any respect.
**NOTE: Nonconforming Mobile Homes: If a nonconforming mobile home has to be removed
in case of an emergency situation only (hurricane or flooding), said unit may be returned to its
original location. Mobile homes removed for any other purpose shall not be re-established; and
an existing mobile homes shall not be increased, enlarged, added on to, or replaced with a new
unit.
• Nonconforming lots of record. Any legally recorded lot which at the time was recorded in full
compliance of all applicable laws and ordinances, but which does not fully comply with the lot
requirements of this Ordinance concerning minimum lot area, width, depth, access, street
frontage, or other requirements of the zoning ordinance.
• Nonconforming uses of land. These are activities and/or uses that are occurring on the land in
which define how the land is currently being used, which were established and permitted prior to
the adoption of this Ordinance.
• Nonconforming uses of buildings and structures. These are uses occurring inside a building and/or
structure that were established prior to the adoption of this Ordinance.
• Nonconforming site features. This is a general category that covers all other nonconformities on
the parcel to the parking, landscaping, signage or other requirements of the zoning ordinance.
§ 8.2.4 AUTHORITY TO CONTINUE AS A NON-CONFORMITY

Except as otherwise provided in this Article, any nonconforming lot, use, building or structure
lawfully existing on the effective date of this Ordinance, or subsequent amendment thereto,
may be continued so long as it remains otherwise lawful. A nonconforming building or

structure and related use shall not be enlarged, intensified, or altered in a manner that
increases the nonconformity, but may be altered to decrease the nonconformity.
A. Nonconforming Developed Lot of Record

When the use occurring on the land complies with the requirements of the zoning district in
which the use is located, but the lot has been developed in a manner that does not comply
with the lot area, yard, and setback requirements at the time of adoption of this Ordinance,
or any subsequent amendment, it shall be considered a nonconforming developed lot of
record.
B. Nonconforming Vacant Lots of Record

When a vacant or undeveloped lot exists that does not consist of sufficient land to comply
with the lot area, yard, and setback requirements at the time of adoption of this Ordinance
or any subsequent amendment, it shall be considered a nonconforming vacant lot of record.
Subject to the provisions of this Article, a nonconforming vacant lot of record may be used
for any principal use permitted in the zone in which the lot is located, provided other
requirements of this Ordinance are met and the steps below are followed to obtain a variance
from the Board of Adjustment.
• Appeal to Build on Nonconforming Vacant Lot of Record
A nonconforming vacant lot may be used as a building site for any use permitted in
the zoning district in which the lot is located provided:
a. Application is made to the Zoning Board of Adjustment for a variance from
applicable requirements that cannot be met.
b. An area variance for a nonconforming vacant lot of record shall conform to the
yard and building setback and other requirements of the zoning district the lot is
located in.
c. No more than one principal use and building shall be allowed on a nonconforming
vacant lot of record.
C. Nonconforming Lots, Buildings, and Structures

A lot, building, or structure nonconforming to the most recently adopted zoning ordinance
as to height, area, setbacks, or lot coverage requirements of this Ordinance may be altered
or extended, provided such alteration or extension does not increase, expand, or enlarge
the degree or nonconformity in any respect. A nonconforming building or structure and
related use shall not be enlarged, intensified, or altered in a manner that increases the
nonconformity, but may be altered to decrease the nonconformity.
D. Nonconforming Uses of Buildings and Structures

When a building or structure and related uses exist at the time of adoption of this Ordinance,
or any subsequent amendment, that does not comply with these regulations, that building
or structure and related use shall be allowed to continue subject to the following conditions:
• The expansion shall be limited to within the existing building or structure.

• A nonconforming use shall not be expanded or relocated, in whole or part, to a non-

contiguous part of a building or structure.
• All required on-site improvements, such as parking, loading and buffer areas shall be
provided before the use is expanded within the building.
§ 8.2.5 TERMINATION/DISCONTINUANCE OF NON-CONFORMING STATUS

The following explains the circumstances under which a legal nonconformity shall be terminated,
losing its legal nonconforming status and require coming in to compliance with the currently
adopted zoning ordinance.
A. Discontinuance of Use Due to Vacant, Abandoned, and/or Idle Buildings/Structures

In the event that a building, structure, or premise occupied by a nonconforming use
becomes and remains vacant, abandoned, or idle for a period of twelve (12) months,
or the use has been discontinued for a period of twelve (12) months, the use shall
thereafter conform to the use regulations of the district in which such building,
structure, or premise is located, regardless of the intent of the owner or occupant,
and regardless of the status of the building or structure. The nonconformity shall
not be re-established if such building or structure and related use has been legally
abandoned, or has been changed to, or replaced by a conforming use.
B. Destruction of Nonconforming Buildings & Structures and Related Uses (50% Rule)
• A building, structure, or mobile home which has been damaged by any cause
whatever to the extent of more than fifty (50) percent of the County tax-assessed
value of the building shall be allowed to be repaired and restored, provided it is in
conformity with the regulations contained in this Ordinance. In this event, the
nonconforming status and rights of the affected building or structure and related
use shall be terminated and said building and structure and related use must
comply with the regulations set forth in this Ordinance.
• If a building, structure, or mobile home is damaged by less than fifty (50) percent
of the County tax-assessed value, it may be repaired and used as before the time
of damage, provided that such repairs or reconstruction are substantially
completed within twelve (12) months of the time of such damage.
C. Modification of Nonconforming Site Features

A development site that is nonconforming by physical design (i.e., insufficient parking,
landscaping, setbacks, etc.), may be utilized for any land use which is permitted in the
zoning district in which it is located. However, any permits for new construction, additional
floor area, or the replacement of any structure on the development site, shall be
contingent upon bringing the entire site into conformity with all requirements of this
Ordinance.

D. Relocation & Rebuilding of Nonconforming Buildings and/or Structures

If a use, building, or structure is rebuilt on the existing site or relocated to another location,
the lot, use, building, or structure shall comply with all zoning and applicable development
regulations after it is rebuilt or relocated.
§ 8.2.6 PROTECTION OF PREVIOUSLY APPROVED PLANS

Nothing in this Ordinance shall be interpreted as requiring a change in existing approved
plans, construction, use, or occupancy of land, buildings or structures on which
construction was lawfully begun, and legally permitted, and has been diligently continued
prior to the adoption this Ordinance or any subsequent amendment that would make
said plans, use, building, structure, or occupancy nonconforming.
• Construction shall mean the erection and fastening of building materials in a

permanent manner in accordance with approved plans.
• Where demolition and removal of an existing building has begun in preparation for
rebuilding, or where excavation has begun for building, construction shall be deemed
to have begun provided the work is diligently continued and completed within the
time required by the building permit. Construction may not have a lapse of progress
of more than 6 months.
• The storage of building materials or location of a temporary office on a lot shall not be
deemed as having begun construction.
§ 8.2.7 ENFORCEMENT OF NON-CONFORMITIES
1. The Building Official / Zoning Enforcement Officer shall conduct a survey of all
nonconforming uses of land or structures at least two (2) times a year to determine
where they exist and whether or not they have been discontinued.
2. The Building Official shall maintain an accurate and up-to-date record of all
nonconforming uses, buildings, structures, and land and dates of their
discontinuance.
3. The question as to whether a nonconforming use, building, structure, or lot exists
shall be a question of fact. In case of doubt or challenge raised, the determination
shall be made by the Building Official.
SECTION 8.3 RV REGULATIONS & RV PARK STANDARDS

In the event of an Island-wide evacuation, all RVs and other transient vehicles must be removed
from the Island. If said unit is not removed, the owner shall be held responsible and liable for all
damages and/or debris incurred due to failure to remove the unit.
§ 8.3.1 RECREATIONAL VEHICLE (RV) REGULATIONS

The following regulations shall apply to all Recreation Vehicles (RVs), Motorhomes, and

Travel Trailers of any type.

1. No recreational vehicle (RV) shall be used as a permanent residential dwelling unit.
2. No RV, occupied or unoccupied, shall be allowed either temporarily or permanently
on a vacant and/or undeveloped lot.
3. Recreational vehicles visiting occupied residential structures are permitted in all
zoning districts for a period of time not to exceed fourteen (14) days. A permit
approved by the Town Council and a dated sticker from the D.I. Police Department
are required before this action can occur.
4. Any RV that will be occupied longer than fourteen (14) days must be located in a
recreational vehicle park.
5. In the event of a natural disaster, an RV may be used for habitation purposes for a
maximum time period of one hundred eighty (180) days with Council review and
approval.
6. Unoccupied recreational vehicles may be stored at an owner's residence or
business provided it is located behind the front building setback line. Said RV shall
be in storage mode only (slide outs must be retracted), shall not be occupied and/or
hooked up to water and sewer facilities. If stored at a business, owner of the
business must have a current business license on file with the Town.
§ 8.3.2 RV PARK REGULATIONS

The following regulations shall apply to all developments that provide for the
accommodation of temporary, transient recreational vehicles, travel trailers, campers, and
similar transient residential vehicles used for temporary human habitation purposes.
1. No recreational vehicle park shall be located without direct access to a major street,
with a minimum lot width of forty (40) feet for the portion used for entrance and
exit. No entrance or exit shall be through a residential district.
2. The minimum lot area for a recreational vehicle park shall be one (1) acre.
3. The use of spaces in recreational vehicle parks shall be limited to recreational
vehicles, travel trailers, campers, and similar transient residential vehicles used for
temporary human habitation purposes only. Mobile homes are prohibited.
4. Users of the spaces shall meet all other applicable laws. An occupant of such space
shall not remain in the same park for a period exceeding ninety (90) days. The
occupant may not re-enter the RV Park until fourteen (14) days after departing.
5. Management headquarters, recreational facilities, toilets, showers, laundry
facilities and other uses and structures customarily incidental to the operations of
a recreational vehicle park are permitted as accessory uses in any district in which
RV parks are allowed, provided:
• Such establishments and the parking area primarily related to their
operations shall not occupy more than ten (10) percent of the area of the
park.
• Such establishments shall be restricted in their use to occupants of the park.
• Such establishments shall present no visible evidence of their commercial
character which would attract customers other than the occupants of the

park.
• Such establishments shall be used in compliance with local regulations.
• Minimum sanitary facilities shall include one (1) toilet, one (1) shower, and
one (1) lavatory basin per twenty-five (25) camp sites in the park.
• In addition to meeting the above requirements, the recreational vehicle
park site plan shall be accompanied by a certificate of approval of the
County Health Department before a building permit shall be issued by the
Building Official.
6. RV Park Space Standards:

• Each RV space shall have an area of not less than 1,000 square feet and a
width of not less than twenty-five (25) feet.
• There shall be a minimum distance of ten (10) feet between each RV
space, which shall be left with natural ground cover and vegetation or
landscaped.
• Parking must be provided at a ratio of one and one half (1 ½) parking
spaces for every one (1) RV space.
• Each RV space shall provide service facilities which include at a minimum:
water, sewer and electricity.
SECTION 8.4 AUTO REPAIR & GAS STATION STANDARDS

Within the zoning districts where automobile repair garages and gas stations are permitted, the
following requirements shall apply:
1. Location- The property on which an automobile repair and/or gas station is located
shall not be within one hundred (100) feet of any residential district, residential lot,
or any property containing a school, public playground, church, hospital, public
library, institution for children, elderly or dependents.
2. Site Requirements for gas stations- gas station shall have a minimum frontage on
the primary street of one hundred (100) feet and a minimum lot area of fifteen
thousand (15,000) square feet. All buildings shall be setback forty (40) feet from all
street right-of-way lines, fifty (50) feet for major arterials, and all canopies shall be
setback fifteen (15) feet from all street right-of-way lines. Automobile repair and
autobody repair uses are not permissible at gas stations.
3. Site Requirements for auto repair garages
• All repairs shall be carried on within an enclosed building.
• All permitted mechanical repair and/or autobody work, oil drainage pits and
hydraulic lifts shall be located within an enclosed structure.
• Such pits and lifts must comply with the Town’s “well-head” protection
Ordinance.
• All storage of vehicles shall be properly screened from public view by means
of a solid fence or wall not less than six (6) feet nor more than eight (8) feet
in height plus a hedge or shrubbery screen shall be erected along all

adjacent property lines facing any adjacent lot.

• The storage of vehicles shall not exceed a period in excess of thirty (30)
days.
4. Access to Site-
• Vehicular entrances and/or exits at a gas station shall contain an access
width along the curb line of the street not to exceed forty (40) feet as
measured parallel to the street at its narrowest point and shall not be
located closer than ten (10) feet to the adjoining property.
• A maximum of two (2) driveways are allowed and shall be a distance of at
least twenty (20) feet from each other.
• Entrances and exits for vehicles to and from the site shall not be closer than
twenty (20) feet to an intersection of street right-of-way lines.
5. Gasoline Pump Islands- All gasoline pump islands shall be setback at least fifteen
(15) feet from the right-of-way line, or where a future widening line has been
established, the setback line shall be measured from such line, and where pump
islands are constructed perpendicular to the right-of-way line, they shall also be at
least fifteen (15) feet from the right-of-way. However, the pumps shall be at least
twenty (20) feet from the front lot line and a minimum of thirty (30) feet from any
other lot line.
6. Off-Street Parking- A minimum of two (2) off-street parking spaces are required
with an additional off-street parking space for each lubrication or wash bay.
7. Other Site Improvements- In addition to the above requirements, the following
additional site improvements shall be adhered to:
• A solid fence or wall not less than six (6) feet nor more than eight (8) feet
in height plus a hedge or shrubbery screen shall be erected along all
adjacent property lines facing any adjacent lot.
• Exterior lighting shall be arranged so that it is deflected away from adjacent
properties and pointed downward.
• Signs, whether permanent or temporary, shall not be placed within the
public right-of-way and shall be arranged so that they do not obstruct
visibility for drivers or pedestrians.
• All driving, parking storage, and service areas shall be properly paved and
landscaped.
8. Storage of Flammable Products- Outside above ground tanks for the storage of
gasoline, liquefied petroleum gas, oil or other flammable liquids or gases shall be
restricted to the requirements set forth in state regulations.
SECTION 8.5 TEMPORARY BUILDINGS, PODS, USES, AND PERMITS

1. All Temporary buildings and/or structures require a Temporary Use Permit obtained
through the Town’s Building Department accompanied by an application fee.
2. The Temporary Use Permit for the temporary building and/or structure is valid for 180

days. If the temporary building and/or structure will be used for longer than 180 days, then
the property owner must apply for another Temporary Use Permit. A maximum of 360
days total shall be allowed.
3. Planning Commission approval is required for all temporary uses and structures before the
issuance of a Temporary Use Permit. All applications for a Temporary Use Permit must
provide the following:
• Physical address for the location of the temporary building or structure
• Site plan showing where temporary building or structure will be located on
the lot, setback requirements of the zoning district for the site, and any
easements on the property
• Letter of Authorization from the property owner giving permission for the
temporary building or structure
• Temporary building or structure shall not be located in any right-of-way.
In the event that there is a threat of storm damage and / or flooding, the temporary
building or structure must be tied down or moved off the Island.
4. The Temporary Building and/or structure shall be subject to all regulations as would be
applied to a permanent principal or accessory use located in the same zone, except as
otherwise provided by these regulations.
5. Termination of Use- occupancy or use of the Temporary Building and/or structure shall
terminate with the expiration of permit, completion of construction, abandonment or
revocation of the related use permit and thereafter shall be removed from subject
property.
6. The following temporary uses shall be permitted as specified by these regulations:
• Construction Support. Temporary buildings or mobile type trailers used in
conjunction with construction work only, may be permitted in any district
and shall be removed immediately upon completion of construction.
• Business Support. Construction office on or adjacent to any site on which a
building or construction project is being diligently pursued for which a
major use permit has been granted.
• Residential Support. A dwelling for temporary health care on a lot where a
principal single family dwelling unit exist and is permitted subject to the
requirements set forth in this Ordinance. To be used exclusively for
temporary occupancy by either:
(a) providers of health services which are required by an occupant of the
main dwelling, or
(b) relatives of an occupant of the principal dwelling unit who require
physical care and/or supervision.
• Disaster Support. In the event of a natural disaster, an RV may be used for
habitation purposes for a maximum time period of one hundred eighty
(180) days with Council review and approval.

SECTION 8.6 MANUFACTURED HOME STANDARDS

Manufactured and modular homes are factory-built housing units. These types of housing units
are permitted in the Town of Dauphin Island and must meet all wind code and building code
requirements listed in the currently adopted building code, as well as the following
requirements.
§ 8.6.1 MANUFACTURED HOMES AND MODULAR HOMES DEFINED

• Manufactured Home: A factory-built, pre-fabricated, residential structure
that was manufactured off site and transported to the building site and
assembled on a permanent foundation. Must be built to the Federal
Manufactured Home Construction and Safety Standards Act (42 U.S.C. Sec.
5401), commonly known as the HUD Code. A Manufactured Home bears a
RED HUD Seal affixed to the rear of each section of the home. For the
purposes of this Ordinance, the term “Manufactured Home ” shall not have
the same definition as a Single-Family Dwelling Unit. Manufactured homes
are only permitted in the R-3 zoning district.
• Modular Home: A factory-built, transportable building consisting of units
designed to be fully constructed and used for residential habitable purposes
at a building site on a permanent foundation into a permanent structure
according to local and state codes. A modular home is built to the most
recently adopted Building Code. A modular home bears a seal of compliance
with the regulations of the Alabama Manufacturing Housing Commission
(International Building Code) Alabama Code 24-4A. The Insignia is placed on
the electrical panel door of a residential modular home. For the purposes of
this Ordinance, the term “Modular Home” have the same meaning as a
Single-Family dwelling unit.
§ 8.6.2 MANUFACTURED & MODULAR HOME REQUIREMENTS

1. Factory-built homes must meet all currently adopted wind and building codes
of the Town of Dauphin Island.
2. Factory-built homes must meet HUD standards (U.S.C. 5401) and must have
the HUD Stamp Certification permanently attached to the unit. No factory-built
housing unit shall be installed, erected or permitted without meeting these
requirements.
3. Factory-built homes shall be installed according to the current regulations of
the Alabama Manufactured Housing Commission Statutory Law, Title 24,
Housing Code of Alabama.
4. Modular homes may be located within any residential zoning district.
Manufactured homes may be located in any R-3 zoning district.

5. Factory-built homes are subject to all the requirements of the zoning district
in which it is located and all other regulations of this Ordinance.
6. Applications for a manufactured home shall be reviewed for compliance with
this Ordinance by the Planning Commission before a building permit can be
issued.
§ 8.6.3 FACTORY-BUILT HOME BUILDING REQUIREMENTS

It is intended that factory-built homes shall have the outward appearance comparable
to stick-built homes in the surrounding residential area.
The Planning Commission shall review all applications for factory-built homes.
Approval is contingent upon the finding that the factory-built home is substantially
similar in size, shape, width, roof pitch, eave overhangs, siding material, roof material,
foundation enclosure and general aesthetic appearance to traditional stick-built
homes in the surrounding residential area. The type of material and method used for
underpinning shall be consistent to the underpinning for stick-built homes in adjacent
or nearby locations.
SECTION 8.7 TELE-COMMUNICATION TOWERS (CELL TOWERS)

The purpose of this section is to regulate the placement, construction and modification of towers
and telecommunications facilities in order to protect the health, safety and welfare of the public,
while at the same time not unreasonably interfering with the development of the competitive
wireless telecommunications marketplace in the Town of Dauphin Island, Alabama and its police
jurisdiction.
§ 8.7.1 SPECIFIC PURPOSE AND INTENT

• To regulate the location of towers and telecommunications facilities, including
repeaters in the Town of Dauphin Island and its police jurisdiction;
• To protect nearby properties and land uses from potential adverse impacts of
towers and telecommunications facilities;
• To minimize adverse visual impacts of towers and telecommunications facilities
through careful site selection, design, landscaping and innovative camouflaging
techniques;
• To promote and encourage shared use of colocation towers and Antenna Support
Structures as a primary option, rather than construction of additional single-use
towers;
• To avoid potential damage to property caused by towers and telecommunications
facilities by ensuring such structures are soundly and carefully designed,
constructed, modified, maintained and removed when no longer used or
determined to be structurally unsound;

• To facilitate the provision of wireless telecommunications services to the residents

and businesses of the Town of Dauphin Island and its police jurisdiction in an orderly
fashion.
§ 8.7.2 ZONING REQUIREMENTS

No individual shall build, erect or construct a cell tower upon any plot of land within the
town limits of the Town of Dauphin Island, Alabama and its police jurisdiction, without first
having the application reviewed by the Planning Commission of the Town of Dauphin Island
in the manner provided in this Ordinance. Because towers are only permitted as a special
exception, the application shall additionally be reviewed by the Board of Adjustment at a
public hearing where action will be taken on the application. Approval may be granted by
the Board of Adjustments in the following zoning districts only: Telecommunication towers
shall be a prohibited use in all other zoning districts.
• Central Business (CB)
• Working Waterfront (WW)
• Conservation Park (CP)
Repeaters may be allowed in other zoning districts, upon any plot of land within the town
limits of the Town of Dauphin Island, Alabama and its police jurisdiction provided an
application has first been reviewed by the Planning Commission of the Town of Dauphin
Island in the manner provided in this Ordinance. Because towers, facilities, and repeaters
are only permitted as a special exception, the application shall additionally be reviewed by
the Board of Adjustment at a public hearing where action will be taken on the application.
§ 8.7.3 GENERAL PROVISIONS

1. As a condition precedent to the construction, erection, modification or operation
of a tower, the tower owner is required to indemnify, and hold the Town whole
and harmless, from and against all costs, liabilities, and claims for damages of any
kind arising out of the construction, erection, modification, repair, presence or
location of its Tower and telecommunications facilities, or arising out of any acts
or omissions of the owner or the owner's agents, employees, engineers,
contractors, subcontractors or invitees.
2. All property, equipment and telecommunications facilities kept, installed, located,
stored or maintained in or upon property owned by the Town of Dauphin Island
shall be so kept, installed located, stored or maintained at the owner's risk. The
Town and its officers, employees and agents shall not be responsible for any loss
or damage to equipment or facilities which might result from hurricanes,
tornadoes, lightning, windstorms, hail, flying debris or other Acts of God.
3. A tower may be located in an approved zoning district on a lot containing other

principal uses. The size of the approved lot for tower locations may be smaller than

the minimum lot size of the applicable zoning district provided the lot on which it
is located complies with the applicable minimal lot size or is a legal nonconforming
lot. The area within which the telecommunications facilities are located shall be
subject to all other requirements of this ordinance unless otherwise provided
herein.
4. To encourage colocation and to minimize the number of telecommunication tower
locations, such towers shall be evaluated as an accessory use special exception on
or attached to any structure, including existing telecommunications towers, with
Planning Commission and Board of Adjustment approval.
5. A temporary tower may be located on Town of Dauphin Island property at facilities
provided by the Town of Dauphin Island to accommodate the tower for a period
not to exceed 180 days. The owner of the temporary tower shall be subject to fees
and agreements set forth by the Town of Dauphin Island.
6. The Town of Dauphin Island may authorize the use of Town property in
appropriately zoned districts in accordance with applicable law; however, the Town
of Dauphin Island shall have no obligation whatsoever to use Town property for
such purposes.
7. No new tower shall be built, constructed erected, or operated in the Town of
Dauphin Island and its police jurisdiction unless such tower is capable of supporting
another operating telecommunication facility comparable in weight, size, and
surface area to the applicant's final design. For the purposes of this paragraph,
"applicant's final design" shall mean the telecommunications facilities on the
applicant's tower within six (6) months of the completion of tower construction.
8. Towers shall be permitted to a height required to provide adequate service, not to
exceed two hundred (200) feet. All towers must comply with all federal, state and
local requirements, and must be built following the specifications listed in this
section under Structural Requirements.
9. No equipment shall be operated at towers and telecommunications facilities so as
to produce noise in excess of applicable noise standards of ordinances adopted by
the Town of Dauphin Island and in affect at the time and as may be amended from
time to time, except during emergencies, or periodic routine maintenance which
requires the use of a backup generator, where the noise standards may be
temporarily exceeded.
10. All parcels upon which towers are located must provide porous access ways and at
least one (1) parking space constructed of porous material.
11. The use of any portion of a tower for signs or advertising purposes, including
company name, banners or streamers shall be strictly prohibited with the
exception of: Emergency Contact Sign- The owner, phone number, and unique
site identifier of antenna position, and tower height shall be inscribed on one (1)
weatherproof sign, not larger than 6" x 24", and posted on the gate to the facility

by each telecommunications company operating at that location.
§ 8.7.4 PERMITTING PROCESS

1. Copy all of this to main Zoning Ordinance provisions Application to appear before
the Planning Commission must be submitted to the Town Building Inspector or
Town Clerk, in writing, no less than 14 days prior to the next regularly scheduled
monthly meeting of the Planning Commission. A Special Meeting may be called at
the discretion of the Chairman of the Planning Commission, for a fee of $500, but
no earlier than 14 days after the application is received. The application must be
accompanied by:
• two (2) sets of full-sized drawings;
• 11 sets of 11” x 17” drawings consisting of Site Plans (add site plan
requirements, and trees) and Construction Plans. All drawings shall be to scale
and show property lines, stamped, dated and signed by a professional engineer
licensed by the State of Alabama. - The application shall include all other
requirements set forth in this section. The applicant shall be required to meet
all other requirements set forth in this Ordinance and shall be required to
submit an official site plan which identifies all the required elements for site
plan review.
• The applicant must be the owner of the tower to be built, or an authorized
representative, and must be present at the Planning Commission and Board of
Adjustment meetings.
2. The Town Building Inspector may issue a permit to build, erect or construct a cell
tower upon a plot of land within the town limits of the Town of Dauphin Island and
its police jurisdiction, only after the application is reviewed by the Planning
Commission of the Town of Dauphin Island and acted upon by the Board of
Adjustment. The building permit shall not be transferable and shall be issued only
to the applicant.
3. The permit shall expire if the foundation work for the entire scope of the permitted
project has not been completed within six (6) months of the date of issuance.
Request for a one (1) time, six (6) month extension submitted in writing to the Town
Building Inspector, prior to the expiration of the permit, and no less than 14 days
prior to the next scheduled meeting of the Planning Commission, will be considered
§ 8.7.5 APPLICATION REQUIREMENTS

All applications for a telecommunications tower shall provide the following to be
considered a complete application. The Planning Commission will not review any
incomplete application.

1. The name, address and telephone number of the property owner and, if applicable,
lessee of the parcel of land upon which the tower is to be situated,
2. The written consent of the tower owner, documentation showing that all possible
avenues for sharing space have been exhausted and an affidavit stating that space
on the proposed tower will be made available to future users on a fair market basis.
3. Any modifications to the facility to accommodate the co-located antenna shall be
borne by the co-locating telecommunications carrier.
4. The legal description, parcel identification number, key number and address of the
parcel upon which the tower is situated;
5. The names, addresses and telephone numbers of all owners of other towers or
usable antenna support structures within a three thousand (3,000) foot radius of
the proposed new tower site, including the Town of Dauphin Island owned
property.
6. The applicant must demonstrate by provisions of an affidavit that the
telecommunications antenna to be attached to the proposed telecommunications
tower cannot be accommodated on those existing structures or an approved
telecommunications tower site located within a three thousand (3,000) foot radius
of the proposed telecommunications tower due to one (I) or more of the following
reasons:
• The telecommunications antenna would exceed the structural capacity of
the existing structure or approved telecommunications tower;
• The telecommunications antenna could cause radio frequency (RF) or other
types of interference with telecommunication system planning or the use
and operation of existing telecommunication, antennas located on the
current structure or approved telecommunication tower site or;
• The existing structure or approved telecommunication tower site does not
have the telecommunication network capacity at the required height, or
adequate space or area upon which to locate or operate the necessary
equipment, or by which additional telecommunication antenna and
equipment can be placed and operated effectively and reasonably;
• Other reasons, as determined by the Planning Commission, that make it
impracticable to place the equipment planned by the applicant on existing
and approved towers and other appropriate structures or the leased
property;
7. Written documentation that the applicant:
• Made diligent, but unsuccessful efforts for a minimum of forty-five (45)
days prior to the submission of the application to install or co-locate the
applicant's telecommunications facilities on towers or usable antenna
support structures located within a three thousand (3,000) foot radius
of the proposed tower site;

• Provided written, technical evidence from an engineer that the

proposed tower or telecommunications facilities cannot be installed or
co-located on another tower or usable antenna support structure
located within a three thousand (3,000) foot radius of the proposed
tower site, and must be located at the proposed site in order to meet
the coverage requirements of the applicant's wireless communications;
8. Provides written, technical evidence from a professional engineer licensed in the
State of Alabama that the proposed structure meets the standards set forth in
"Structural Requirements," of this Article;
9. Provides written technical evidence from a professional engineer licensed in the
State of Alabama that the proposed site of the tower or telecommunications
facilities does not pose a risk of explosion, fire or other danger due to its proximity
to volatile, flammable, explosive or hazardous materials such as LP gas, propane,
gasoline, natural gas, corrosive or other dangerous chemicals within the site;
10. Provides a map of the Town of Dauphin Island including its police jurisdiction and
the first three thousand (3,000) feet of all bordering communities showing the
design and location of the applicant's entire existing wireless telecommunications
network. Said map shall also show the location of the proposed tower and antenna
sites which are the subject of the application, their dimensions and specifications
of the site;
11. Provides certification from a professional engineer licensed in the State of Alabama
documenting colocation capability of the applicant's telecommunications tower.
12. Furnish copies and proof of notification of proposed location at a specific site to
other telecommunications carriers with potential interest in colocation by
"Certificate of Mailing" through the United States Postal Service. The notice shall
disclose the identity of the applicant, the type tower, the exact location of the
tower and an invitation to co-locate and if colocation is desired, to furnish the
applicant in writing with details of their needs, i.e., height, type of antenna, wave
guide size and patent number, foot print for equipment; within thirty (30) days of
receipt of the notice.
13. Provides written technical evidence from professionals that the
telecommunication facility complies with applicable regulations of the Federal
Aviation Administration and Federal Communication Commission.
14. Demonstrates that the telecommunication facility is designed and will be
constructed to ensure that the structural failure or collapse of the facility will not
create a safety hazard to adjoining properties or structures.
15. Provides a landscaping and screening plan showing how the applicant will comply
with requirements in this Ordinance.

§ 8.7.6 SETBACK & HEIGHT REQUIREMENTS

§ 8.7.6.1 Setbacks. The parcel or leased parcel on which any tower and its
associated equipment structures are to be constructed shall be of sufficient size to
meet the setback requirements outlined in this Article. Measurement of tower
height for the purpose of determining compliance with all requirements of this
Article shall include the tower structure itself, the base pad, and any other
telecommunications facilities attached thereto. Tower height shall be measured
from grade. Setback requirements for all telecommunications towers shall be
measured from the base of the tower to the property line of the parcel or leased
parcel on which it is located. For corner lots, the "Front Setbacks" for the
appropriate type of tower shall be used to determine the setback from both
streets.
In the event the lot is not of sufficient size to meet the setback requirements, the
owner may combine lots in order to create a lot large enough to accommodate the
setback requirements.
The setbacks for such towers or their associated equipment structures shall be:
Monopole Tower: Front: 30 Ft. Sides: 5 Ft. Rear: 5 Ft.

Self-Supporting Tower: Front: 30 Ft. Sides: 5 Ft. Rear: 5 Ft.
Guyed Tower: Front: 100% Sides: 100% Rear: 100% of
Tower of of Tower Tower Height
Height Height
§ 8.7.6.2 Height. Towers shall be permitted to a height required to provide

adequate service, not to exceed two hundred (200) feet.
§ 8.7.7 STRUCTURAL REQUIREMENTS

All telecommunications towers or structures supporting telecommunications equipment
shall require a building permit and any other permits normally required by the Town of
Dauphin Island and must be designed and certified by a professional engineer licensed in
the State of Alabama to be structurally sound and, at minimum, in conformance with the
current Building Code as adopted by the Town of Dauphin Island, as may be amended from
time to time, and any other standards outlined in this Article. Any structure serving the
tower shall be designed to be reasonably compatible with the architecture and physical
character of the surrounding neighborhood and also comply with the current building
code.
• Towers must be located and equipped with step bolts and ladders to provide ready
access for inspection purposes;

• Guyed wires or other tower accessories must not cross or encroach upon any street
or other public place or over any electric power lines or trespass upon any other
privately owned property without written consent of the owner;
• All towers must be constructed of approved corrosion resistant noncombustible
material. The minimum type of construction for isolated radio towers must be
Structure Class III (ANSI/TIA- 222-G).
• Towers must be designed to resist a minimum 150 mph, 3-second peak gust wind
speed ASD in accordance with ASCE-05 published by the American Society of Civil
Engineers, which may be amended from time to time. The proposed tower shall
be designed and constructed to ensure that the structural failure or collapse of the
tower will not create a safety hazard to adjoining properties;
• A Certified Engineer shall certify that all antenna support structures and wireless
telecommunications equipment are erected and/or installed so as to comply with
the colocation requirements of this Ordinance, wind loading and other structural
standards contained in the current Building Code as adopted by the Town of
Dauphin Island and the applicable technical codes established by the ANSI/EIA/TIA-
222-G, plus revisions, "Structural Standards for Antenna Supporting Structures and
Antennas". This shall apply to new and modified structures and facilities.
• Upon approval, owner(s) shall install and maintain telecommunications towers and
associated equipment in a manner that fully complies with any and all federal, state
and local regulations and standards to ensure public safety.
• All towers must be permanently and effectively grounded.
§ 8.7.8 SEPARATION REQUIREMENTS

All telecommunications towers shall be separated from any lot with a residential use by a
minimum of one hundred (100) feet or a distance equal to one hundred (100%) percent of
the height of the proposed tower, whichever is greater. Measurement of tower height for
the purpose of determining compliance with all requirements of this Article shall include
the tower structure itself, the base pad, and any other telecommunications facilities
attached thereto. Tower height shall be measured from grade.
Tower separation distances for the purpose of compliance with this Article shall be
measured from the base of a tower to the closest point of residentially zoned and/or
residentially used land;
The distance between the base of the tower and any building or structure which is a
federally designated historical building or structure shall be equal to one hundred fifty
(150%) percent of the height of the tower.
Reductions to the setback, separation requirements for monopole or self-supporting

towers may be considered by the Board of Adjustments under the following circumstances:
• Tower is capable of colocation by more than one provider;
• Two (2) or more providers agree to collocate on the same tower;
• Camouflaging, sheathing, screening or landscaping techniques approved by the
Planning Commission are incorporated into the design of the telecommunications
tower;
• Full compliance with all setbacks would result in the removal of mature trees that
would otherwise be saved by reducing the setback;
• The line of sight is obscured from primary vehicular and pedestrian movements on
the adjacent properties by intervening buildings, trees, landscaping or other such
screen:
• Compliance with the additional setback would prevent colocation;
• Increased buffering and mitigation techniques are introduced;
§ 8.7.9 LIGHTING, LANDSCAPING, AND SCREENING REQUIREMENTS

• Lighting: Tower illumination shall meet the minimum required by the Federal
Aviation Administration (FAA). Upon commencement of construction of a tower,
in cases where there are residential uses located within a distance which is three
hundred (300%) percent of the height of the tower from the tower, and when
required by federal law, dual mode lighting shall be requested from the FAA. All
towers 75 feet or higher must be lighted regardless of FAA requirements.
• Landscaping: The tower site shall be screened on all sides that may be visible from
said rights of way or property with landscape buffering consisting of tight evergreen
hedge not less than three (3) feet in height which will reach six (6) feet in height at
maturity and shall be one hundred (100%) percent opaque within one year of
planting and located outside of the security fence, unless otherwise approved by
the Town of Dauphin Island Planning Commission. All landscape buffering must be
maintained by the tower owner during the term of the tower site lease or the
operation of the tower, whichever is longer. Existing trees shall be preserved to
the maximum extent possible, and may be used as a substitute for, or in
supplement towards meeting the landscaping requirements provided such
substitution or supplementation provides effective screening. A land disturbance
and/or tree removal permit shall be obtained prior to the removal of any trees for
the purpose of constructing a tower. *Note: The Town of Dauphin Island Planning
Commission may require landscaping in excess of the aforementioned
requirements in this Article, in order to enhance the compatibility with surrounding
areas.

• Fencing: A security fence consisting of nine (9) gauge galvanized chain link fabric,
eight (8) feet in height, measured from the finished grade of the site, with an
additional three (3) strands of barbed wire facing outward, shall be installed around
tower footprint including the tower structure itself, the base pad and any other
telecommunications facilities or associated structures. Unless more stringent
fencing regulations are required by FCC Regulations, the Town of Dauphin Island
Planning Commission may require a minimum six (6) foot masonry wall or other
decorative type fence measured from the finished grade of the tower site and
further require that said fence be compatible with the area around the tower site.
For purposes of identification of this Article, a finished masonry wall includes, but
is not limited to stucco, brick or any other decorative cover or finish.
• Camouflage: All towers and telecommunications facilities shall be of camouflage

design standards. Examples of camouflage facilities include, but are not limited to,
architecturally screened roof mounted antennas, antennas integrated into
architectural elements, and telecommunications towers designed to blend into the
surrounding environment. At a minimum, all towers not requiring FAA designated
marking shall have an exterior finish which is galvanized. At a minimum, all towers
shall have an exterior finish that will blend in with the environment as detailed in
the application and approved by the Planning Commission.
§ 8.7.10 ELECTROMAGNETIC RADIO FREQUENCY EMISSIONS

The Federal Telecommunications Act of 1996 (FTA) gives the FCC sole jurisdiction to
regulate radio frequency (RF) emissions, and telecommunications towers which meet the
current FCC standards shall not be conditioned or denied on the basis of RF impacts. In
order to provide information to the citizens of Dauphin Island, copies of ongoing FCC
information concerning telecommunications towers and facilities and radio frequency
emission standards shall be made available. Applicants for tower sites shall be required to
provide information on the projected power density of the facility and how this meets the
FCC standards.
§ 8.7.11 TOWER MAINTENANCE

The owner and/or lessee of any telecommunication tower and/or cell tower equipment
and facilities installed on an existing tower are responsible to comply with the following
maintenance standards for the duration of the existence of the tower. Failure to comply
with these standards will result in the revocation of the owner’s and/or lessee’s business
license to operate the cell tower.
• Tower owners shall at all times exercise ordinary and reasonable care and shall
install and maintain in use nothing less than commonly accepted methods and
devices for preventing failures and accidents which are likely to cause damage,

injuries or nuisances to the public;

• Tower owners shall install and maintain towers, telecommunications facilities,
wires, cables, fixtures and other equipment in compliance with the requirements
of the National Electric Safety Code and all FCC, State and local regulations, and in
such manner that will not interfere with the use of other property;
• All tower sites, towers, telecommunications facilities and antenna support
structures shall at all times be kept and maintained in good order, repair and clean
condition so that same shall not menace or endanger the life or property of any
individual. Mobile or immobile equipment not used in direct support of a tower
facility shall not be stored or parked on the site of the telecommunications tower
unless said equipment is being used for maintenance or repairs to the tower within
thirty (30) days;
• In the event the use of a tower is discontinued by the tower owner and/or lessee,
or if the tower owner ceases to operate the tower, the tower owner shall provide
written notice to the Town of Dauphin Island of its intent to discontinue use or
cease operations, and the date when the use shall discontinue;
• All abandoned or unused telecommunications facilities shall be removed by the
owner/operator within twenty (20) days of the cessation of use, unless ownership
and use thereof has been transferred to a third party. A tower shall be considered
abandoned if use has been discontinued for one hundred eighty (180) consecutive
days;
• Telecommunications towers being utilized for other purposes, including but not
limited to light standards and power poles, may be exempted from this provision
by the Town of Dauphin Island Planning Commission; which may extend this time
period or waive this requirement, if it is shown that the facility has not been
abandoned;
• The use of any portion of a tower for signs or advertising purposes, including
company name, banners or streamers shall be strictly prohibited with the
exception of: Emergency Contact Sign- The owner, phone number, and unique site
identifier of antenna position shall be inscribed on one (1) sign, not larger than 6"
x 24", and posted on the gate to the facility by each telecommunications company
operating at that location and on file with the Dauphin Island Police Department.
§ 8.7.12 TELECOMMUNICATION FACILITIES ON ANTENNA SUPPORT STRUCTURES

Any telecommunications facilities, which are not attached to a tower, may be permitted
as an accessory use to any previously approved antenna support structure regardless of
the zoning restrictions applicable to the zoning district where the structure is located. The
owner of said structure shall, by written certification to the Building Inspector of the Town
of Dauphin Island, establish the following at the time plans are submitted for a building
permit that:

• The telecommunications facilities shall not extend more than twenty (20) feet
above the maximum height of the antenna support structure;
• The antenna support structure and telecommunications facilities comply with the
current Building Code as adopted by the Town of Dauphin Island, and may be
amended from time to time;
• Any telecommunications facilities and their apparatuses, located above the roof of
an antenna support structure, are set back at least one (1) foot from the edge of
the roof of the antenna support structure. However, this setback requirement shall
not apply to the following:
a) Telecommunications facilities and their apparatuses, located above the
roof of an antenna support structure if such facilities are appropriately
screened from view through the use of panels, walls, fences, or other
screening techniques approved by the Town of Dauphin Island;
b) Camouflage antennas which are mounted to the exterior of antenna
support structures below the roof, but which do not protrude more than
twenty-four (24) inches from the side of such an antenna support structure;
• Requirements of this section only, § 8.7.12, may be modified by Town of Dauphin
Island Board of Adjustment (BOA) approval, upon written application to the Town
Planning Commission and BOA.
§ 8.7.13 EXISTING TOWER MODIFICATIONS & REPLACEMENT

Any existing or approved telecommunications tower may be modified, replaced,
demolished and rebuilt to accommodate the colocation of additional telecommunication
facilities providing the following standards are met:
1. The tower must be located in a zoning district where cellular towers are permitted,
which are Central Business (CB), Working Waterfront (WW), or an appropriate area
of the Conservation Park (CP) district upon which such towers are a Special
Exception as permitted by the Town of Dauphin Island Planning Commission. The
tower shall be a prohibited use in all other zoning districts.
2. No individual shall build, erect or construct a tower upon any plot of land within
any aforementioned zoning district without written approval of the Town of
Dauphin Island Planning Commission and Board of Adjustment and obtaining the
necessary permits from the Town Building Inspector.
3. The height of such towers shall be subject to the provisions of this Ordinance.
4. A tower which is being built to accommodate the colocation of additional
telecommunications facilities may be relocated on the same parcel subject to the
setback requirements of this Article. However, if it is impossible for the tower to
be rebuilt in compliance with the setback requirements of this Article, such setback
requirements may be waived by the Planning Commission of the Town of Dauphin
Island, to allow the tower to be rebuilt in its exact previous location, or within a

twenty five (25) foot radius of the previous location per legal non-conforming
protection status.
5. The primary local carrier site (Block 139, Lot 3) for current cell phone service is
located in an R-1 zoning district. This site will be an exception to the above zoning
restrictions. The nonconforming use of this lot expires if site is vacated or no longer
in use for a period of 180 days, at which time all equipment and structures shall be
removed from the site within twenty (20) days.
6. The location, shape, appearance or nature of use of the proposed tower will not
substantially detract from the aesthetics of the area, nor change the character of
the neighborhood in which the tower is proposed to be located and will not create
any threat to the public health, safety or welfare.
§ 8.7.14 LEGAL STATUS, VIOLATIONS & PENALTIES

• Interpretation: In interpreting and applying the provisions of this ordinance, they
shall be held to the minimum requirements for the protection, promotion and
improvement of the public health, safety, comfort, order, appearance,
convenience, morals and general welfare of the community. It is not intended by
this Ordinance to interfere with or abrogate or annul any easements, covenants or
other agreements between parties; provided, however, where this Ordinance
imposes a greater restriction upon the use of buildings or premises, or upon the
height of buildings, or requires larger open spaces than are imposed or required by
other Ordinances, rules, regulations or easements, covenants or agreements, the
provisions of this Ordinance shall control.
• Relationship to Other Laws: Whenever regulations or restrictions imposed by this
Ordinance are either more or less restrictive than regulations or restrictions
imposed by any governmental authority including the Town, through legislation,
ordinance, rule or regulation, the ordinance, regulations, rules or restrictions which
are more restrictive or which impose higher standards or requirements shall
govern. Regardless or any other provision of this Ordinance, no land shall be
used and no structure erected or maintained in violation of any state or federal
pollution control or environmental protection laws or regulations.
• Separability and Validity: Each phrase, sentence, paragraph, section or other
provision of this Ordinance is severable from all other such phrases, sentences,
paragraphs, sections or provisions of this ordinance be declared by the courts to
be unconstitutional or invalid, such declaration shall not affect any other portion
or provision of this ordinance, but shall remain in full force and effect.
• Violations and Penalties: Any individual violating any provision of this Ordinance or
any part thereof, upon notice by the Town of Dauphin Island Building Inspector or
Enforcement Officer shall be fined not less than twenty-five dollars ($25.00) or
more than one-thousand dollars ($1000.00) and cost of court for each offense.

Each day such violation continues shall constitute a separate offense.
SECTION 8.8 SHORT-TERM & LONG-TERM RENTALS

Long-term vacation rentals are permitted in all zoning districts on Dauphin Island, with the
exception of the Conservation Park (CP) zoning district. Short-term vacation rentals are permitted
within the Short-Term Vacation Rental Overlay District (STVROD), see map in Figure 4.7 of this
Ordinance for the identification of the overlay boundary. It is the desire of the Town officials and
leaders to offer the residents of the Island the option of using their properties for temporary
lodging purposes if so desired, providing all applicable regulations are met. It is as equally
important to Town officials and leaders that the quality of life of full-time residents of Dauphin
Island is not disrupted or disturbed in any way due to the creation of temporary lodging
accommodations in the residential neighborhoods of the Island.
NEW PARKING REQUIREMENTS FOR SHORT-TERM RENTALS: The most intrusive issue related to
existing short-term rentals, is parking. For the purposes of this Ordinance, the maximum number
of vehicles or vessels with trailers, or a combination of both, is FIVE (5). Due to the growing
number of rental units on the Island, and in efforts to protect the full-time residential population,
this regulation is strongly enforced and is the responsibility of the license holder that this
regulation is not violated. If violated, all additional vehicles, vessels, trailers, or combination of all
on the premises at the time of rental occupancy will be towed at the license holder’s expense.
This regulation is strongly enforced and is not subject to modification by the Town of Dauphin
Island Planning Commission.
§ 8.8.1 PURPOSE AND INTENT

It is the purpose and intent of this section of this Ordinance to protect the permanent
residents and their quality of life and property values and to implement rationally based,
reasonably tailored regulations to ensure the integrity and residential atmosphere of the
neighborhoods are protected; to allow homeowner’s the opportunity to use their property
for temporary and seasonal accommodations to transient guests; and to monitor and
provide reasonable means for citizens to mitigate impacts created by occupancy of short-
term units.
§ 8.8.2 DEFINITIONS
• “Short-Term Vacation Rental” means temporary lodging accommodation for
transient guests where, in exchange for compensation, a residential dwelling unit
or portion thereof, is provided for lodging for a period of time not to exceed six (6)
months. Such use may or may not include an on-site manager. For the purposes of
this definition, a residential dwelling shall include all housing types and shall
exclude group living or other lodging uses.
• “Long-Term Vacation Rental” means temporary lodging accommodation for
transient guests where, in exchange for compensation, a residential dwelling unit
is provided for lodging for a period of time exceeding six (6) months. Such use may
or may not include an on-site manager. For the purposes of this definition, a

residential dwelling shall include all housing types and shall exclude group living or
other lodging uses.
§ 8.8.3 LICENSE REQUIRED

A Dauphin Island Business License is required in order for a property owner to use one or
properties for rental purposes either short or long term. Every dwelling unit used for any
period of time as residential rental shall be required to have a Residential Rental Permit.
• No person and/or property owner shall rent, lease or otherwise exchange for
compensation all or any portion of his/her dwelling unit as short-term or long-term
rental without first obtaining a business license from the Town of Dauphin Island
and complying with the regulations contained in this section.
• The license must be applied for and issued to the property owner only and may not
be transferred or assigned or used by any person other than the one to whom it is
issued, or at any location other than the one for which it is issued. The license does
not transfer with the sale of the property.
• The new or renewed business license must be obtained on an annual basis to
remain current and compliant.
• Before the Business and Residential Rental Permit can be issued, the applicant must
submit an application and appear before the Planning Commission for review and
approval.
§ 8.8.4 ITEMS REQUIRED FOR APPLICATION SUBMISSION

The following items are required for each Short-term or Long-term Residential Rental
Permit.
1. The name, address, telephone and email address of the owner(s) of record of the
dwelling unit for which the license is sought. Proof of ownership required.
2. The address of the unit to be used as a short or long-term rental;
3. The name, address, telephone number and email address of the short or long-term
rental agent if different than owner, which shall constitute his or her twenty-four
hour contact information; and notarized agreement to act as an agent of the
owner.
4. The owner’s sworn acknowledgement that he or she has received a copy of this
section, has reviewed it and understands its requirements;
5. The number and location of parking spaces required to the premises;
The maximum number of vehicles or vessels with trailers, or a combination of both,
is FIVE (5). This regulation is strongly enforced and is the responsibility of the license
holder that this regulation is not violated;
6. The owner’s agreement to use his or her best efforts to assure that use of the
premises by short or long-term rental occupants will not disrupt the neighborhood,
and will not interfere with the rights of neighboring property owners to the quiet
enjoyment of their properties; and
7. A written exemplar agreement, which shall consist of the form of document to be
executed between the owner and occupant(s) and which shall contain the

following provisions:
• The occupant(s)’ agreement to abide by all of the requirements of this
section of this Ordinance, any other related Town of Dauphin Island
ordinances, state and federal law and acknowledgement that his or her
rights under the agreement may not be transferred or assigned to anyone
else;
• The occupant(s)’ acknowledgement and agreement that violation of the
agreement or this section may result in immediate termination of the
agreement and eviction from the short or long-term rental unit by the
owner or agent, as well as the potential liability for payments of fines levied
by the Town;
• Proof of the owner’s current ownership of the dwelling unit being used as
the short or long-term rental;
• Proof of property owner’s liability insurance coverage;
• Property owners located beyond two hours travel time must have a local
agent and contact information
• A written certification from the short or long-term agent that he or she
agrees to perform the duties specified in this section.
• Certificate holder shall publish a short or long-term rental certificate
number in every print, digital, or internet advertisement and any property
listing in which the short or long-term rental is advertised.
• Each property must be inspected to be in compliance with the items listed
in this Section before a license will be issued or renewed.
• The residential rental of a dwelling unit shall require a license fee of Seventy
Five ($75) dollars per year for each dwelling unit offered for rental.
§ 8.8.5 SHORT OR LONG-TERM RENTAL AGENT RESPONSIBILITIES

The owner of a short or long-term rental shall designate a short or long-term rental agent
on the application for a short or long-term rental license. A property owner may serve as
the short or long-term rental agent. Alternatively, the owner may designate a person as his
or her agent who is over age 18. An owner may change his or her designation of a short or
long-term rental agent temporarily or permanently; however, there shall only be one such
agent for a property at any given time. To change the designated agent, the owner shall
notify the Town of Dauphin Island in writing of the new agent’s identity, together with all
information regarding such person as required by the applicable provisions of this section.
The duties and responsibilities of the short-term rental agent are to:
1. Be reasonably available to handle any problems arising from use of the short or
long-term rental unit;
2. Appear on the premises of any short or long-term rental unit within two hours
following notification from the Town of issues related to the use or occupancy of
the premises. This includes, but is not limited to, notification that occupants of the
short or long-term rental unit have created unreasonable noise or disturbances,
engaged in disorderly conduct or committed violations of the Town of Dauphin

Island Ordinances or other applicable law pertaining to noise, disorderly conduct,

overcrowding, consumption of alcohol or use of illegal drugs. Failure of the agent
to timely appear to two (2) or more complaints per property regarding violations
may be grounds for penalties as set forth in this section;
3. Pay for all parking violations and fees if the maximum number of vehicles and
vessels is exceeded;
4. Receive and accept service of any notice of violation related to the use or
occupancy of the premises; and
5. Monitor the short or long-term rental unit for compliance with this section.
§ 8.8.6 ITEMS REQUIRED INSIDE SHORT OR LONG-TERM RENTALS

Short or long-term rental units must be properly maintained and regularly inspected by
the owner and/or agent to ensure continued compliance with applicable zoning, building,
health and life safety code provisions.
A legible copy of the short or long-term rental unit license shall be posted within the unit
and include all of the following information:
• The name, address, telephone number and email address of the short or long-term
rental agent:
• The name, address, telephone number and email address of the local emergency
contact;
• The Business Tax License Number;
• The maximum occupancy of the unit;
• The maximum number of vehicles that may be parked at the unit;
• Fire & Police phone numbers
§ 8.8.7 SAFETY INSPECTIONS REQUIREMENTS

Safety inspections are required as condition to licensing of dwelling unit for all residential
vacation rentals. The Town of Dauphin Island’s adopted Building Code requires specific
safety inspection criteria that must be fulfilled before obtaining or renewing a Residential
Rental Permit. Please see the Building Official’s office for the requirements of the Town of
Dauphin Island Rental Inspection Program.
§ 8.8.8 PROVISIONS FOR EXISTING STVR’S OUTSIDE OVERLAY DISTRICT

Short Term Vacation Rentals existing outside of the STVROD are allowed to continue in operation
for a period of 10 years from the effective date of this ordinance, provided they have a valid
Business License in the name of the current owner at the time of the adoption of the ordinance,
and within thirty (30) days, from the effective date of this ordinance, apply for a Residential Rental
License and schedule a required Safety Inspection with the Building Inspection Department. There
will be no exceptions to this requirement. Upon approval of the Residential Rental License, the
licensed property shall be deemed a legally nonconforming use. The ability to use this property as
a STVR is not transferable to a new owner upon sale or lease of the property. In the case of

corporate ownership, any change in the corporation name, state registration number or board of
directors will void the legal conforming use of this property and the Residential Rental License will
be revoked.
In addition, no building permit for additional floor area shall be allowed for legally nonconforming
short-term vacation rental structures. Currently licensed STVRs outside of the STVROD will have
until the 20th day of January in each calendar year to apply and pay for renewal of their license or
the use of the home as a STVR becomes null and void. There will be no exceptions to this rule.
§ 8.8.9 SUSPENSION AND/OR REVOCATION OF LICENSE

A dwelling unit licensed for vacation rental and any multi-family structure that contains a
dwelling unit licensed for vacation rental shall at all times be maintained in a condition
conforming to the requirements of the then-current International Property Maintenance
Code, the then-current existing building code, and the then-current International Fire Code
(hereinafter referred to as the condition codes).
(1)Immediate hazard conditions.

If at any time the building official or his authorized agent identifies the existence of a
condition in a dwelling unit licensed for vacation rental or in a multi-family structure that
contains a dwelling unit licensed for vacation rental that violates a requirement of any of
the condition codes and that is immediately dangerous to the health or safety of the
occupants, passersby, occupants in other dwelling units on the property, or nearby
properties, the building official or his authorized agent shall issue an order suspending the
license issued with respect to each dwelling unit affected by the violation. The suspension
order shall be delivered to the designated local contact for the dwelling unit. Upon issuance
of a suspense order, the licensee shall cause each such dwelling unit to be immediately
vacated and shall discontinue the rental of each such dwelling unit until the condition of
violation has been remedied to the satisfaction of the building official and the building
official has issued an order rescinding the order of suspension.
(2)Conditions not posing an immediate hazard.

If at any time the building official or his authorized agent identifies the existence of a
condition in a dwelling unit licensed for vacation rental or in a multi-family structure that
contains a dwelling unit licensed for vacation rental that violates a requirement of any of
the condition codes and but that is not considered immediately dangerous to the health
or safety of the occupants, passersby, occupants in other dwelling units on the property,
or nearby properties, the building official or his authorized agent shall deliver a citation to
the designated local contact for the dwelling unit requiring cure of the condition of
violation within twenty-one (21) days from the date of citation. The licensee shall cause
the condition of violation to be remedied within such period and shall schedule a re-
inspection of the dwelling unit or multi-family structure by the building official to occur

within thirty (30) days from the date of citation. Upon failure of the licensee to document
to the building official or his authorized agent the remedy of the condition of violation
within such thirty-day period, the building official or his authorized agent shall issue an
order suspending the license issued with respect to each dwelling unit affected by the
violation. The suspension order shall be delivered to the designated local contact for the
dwelling unit. Upon issuance of the suspension order, the licensee shall cause each such
dwelling unit to be immediately vacated and shall discontinue the rental of each such
dwelling unit until the condition of violation has been remedied to the satisfaction of the
building official and the building official has issued an order rescinding the order of
suspension.
(3)Appeal of citation, suspension order, or refusal to issue order of rescission.

Any person aggrieved by the issuance of a citation, suspension order, or refusal to issue an
order of rescission by the building official may appeal such action or refusal to act by the
building official in writing to the city council for review at its next regular meeting or at a
special meeting if called for the purpose of such review. The citation, suspension order, or
refusal to issue an order of rescission shall remain in full force and effect pending such
appeal; provided, however, that the mayor for stated reasons found appropriate in the
mayor's determination and upon such conditions as the mayor may determine in his or her
discretion may by written order suspend the operation of a suspension order pending such
appeal.
§ 8.8.10 COMPLIANCE & PENALTIES FOR SHORT OR LONG-TERM RENTALS

1. To ensure the continued application of the intent and purpose of this Ordinance,
the Town of Dauphin Island shall notify the owner of a short or long-term rental
unit of all instances in which nuisance behavior of the rental guest or the conduct
of his or her short or long-term rental unit agent results in a citation for a code
violation or other legal infraction.
2. The Town of Dauphin Island Building Official shall maintain for each short or long-
term rental a record of all code violation charges, founded accusations and
convictions occurring at or relating to a short or long-term rental unit. When a
property owner has accumulated three (3) code violations for a particular property
within a period of twelve (12) consecutive months, the Town shall revoke any
existing licenses and revoke all pending applications for the subject premises for a
period of twelve (12) consecutive months.
3. If a short or long-term rental unit owner has been cited and found to be in violation
of any zoning, building, health or life safety code provision, the owner must
demonstrate compliance with the applicable code prior to being eligible to receive
a short or long-term rental license.

4. Violations of this Ordinance are subject to the following fines, including zoning
violations, which may not be waived or reduced and which may be combined with
any other legal remedy available to the Town:
• First violation: $500 per violation

• Second violation within the preceding 12 months: $750
• Third violation within the preceding 12 months: $1,000
• Fourth violation within the preceding 12 months: Loss of license
5. A person aggrieved by the Town’s decision to revoke, suspend or deny a short or

long-term rental license may appeal the decision to the Board of Adjustment. The
appeal must be filed with the Town of Dauphin Island in writing, within thirty (30)
calendar days after the adverse action and it shall contain a concise statement of
the reasons for the appeal.
§ 8.8.11 SHORT AND LONG-TERM RENTAL TAXES

Short-term and long-term rental unit owners are subject to state lodging tax, Town taxes,
County lodging tax and including but not limited to the hotel/motel tax, and are liable for
payment thereof as established by state and county law and the Town Code. The Town
may seek to enforce payment of all applicable taxes to the extent provided by law,
including injunctive relief.
SECTION 8.9 SHIPPING/STORAGE CONTAINERS (CARGO CONTAINERS)
§ 8.9.1 DEFINITION
A metal shipping container, also referred to as a cargo container, is any metal box-like
container transported by truck or trailer to a designated location for the purpose of
loading, unloading, and storage contents. Such containers are intended for the temporary
or long-term storage of goods on commercial properties. For the purposes of this
Ordinance, such containers shall be referred to as shipping containers.
§ 8.9.2 PERMITTED USES

Shipping containers are permitted in the Town’s corporate limits in the Central Business
and Working Waterfront zoning districts, as an accessory use only and as a use requiring
review, and are subject to the following regulations:
• Shipping Containers are not permitted in any zoning district other than WW & CB.
• Non-residential lots:
These regulations apply to all shipping containers located in any non-residential
zoning district or placed on any lot with a non-residential use.
1. Shipping containers may be used for temporary or long-term uses when located
on a lot where a principal use exists. They must be located behind the principal
structure on the lot. They are not allowed in the front or side yard areas.

2. They are prohibited on vacant and/or undeveloped lots.

3. The number and location of shipping containers shall be allowed determined
by the site plan review of the Planning Commission.
4. The lot must be large enough to accommodate the principal structure and the
shipping container.
5. Any request to place a shipping container on any lot within the Town of Dauphin
Island must present an application including a site plan before the Planning
Commission for review and approval before a permit can be issued.
6. All shipping containers must be located and anchored in a manner approved by
the Town of Dauphin Island Building Official.
SECTION 8.10 MULTI-FAMILY STYLE HOUSING REQUIREMENTS

Multi-family housing, because of increased densities, often generates large, bulky buildings and
large parking areas. This type of development can be incompatible with surrounding uses. If these
developments are not properly designed the large buildings and parking areas can dominate the
site and leave only small remnants of open space that does not adequately provide for proper
storm water drainage as well as the recreational needs of the residents.
§ 8.10.1 MULTI-FAMILY HOUSING REQUIREMENTS

Within the zoning districts that permit apartments, townhouses and condominiums
the following requirements shall apply:
• Location: Multi-family residential sites shall be consistent with the Town’s

Comprehensive Master Plan and shall only be permitted where multi-family
residential land use are indicated on the adopted land use map in the plan.
• Layout: Arrangement of buildings should provide functional public and private

outdoor spaces and avoid any developments that are "facing inward" and offer
no relationship to the adjoining neighborhoods and greater community. The
front or rear of any building may be no closer to the front or rear of any other
building than forty (40) feet. The side of any building shall be no closer to the
side, front or rear of any other building than thirty (30) feet.
• Design: Orient multi-family buildings to the adjacent public streets by

providing large windows, porches, balconies and entryways or other entry
features on the street side of the buildings. Avoid the creation of blank street-
facing walls that create unattractive streetscapes.
• Density: No more than thirty-five (35) percent of the lot area shall be occupied

with buildings. No more than eight (8) continuous apartments, townhomes or

condominiums per floor shall be built in a row with approximately the same
front line.
• Yards: A minimum side yard between buildings to be determined by the Fire

Chief to ensure the development meets the currently adopted Fire Code. Front,
Rear, Waterside, and Side yard requirements corner lots shall be determined
• Parking: Off street parking shall be designed in a way to minimize the visual
prominence of vehicles and to minimize the potential pedestrian conflicts.
Parking areas visible from the public street rights-of-way and adjacent
properties shall be screened from view with landscape elements, low profile
walls or berms, or other types of visual barriers and screens. To such extent as
practicable, off-street parking facilities shall be located under habitable floors
of buildings or grouped in bays, either adjacent to streets or in the interior of
blocks, and no off-street parking shall be more than one hundred (100) feet by
the most direct pedestrian route from a door of the dwelling unit it intends to
serve.
• Ingress & Egress: Traffic lanes within a development are typically adjacent to
the public right-of-way and receive traffic from the public road via ingress and
egress to the site. They support the circulation of traffic throughout the interior
of a development, enabling the traffic to flow throughout the site. Parking aisle
driveways provide direct access to parking spaces on either side or both sides
of the drive via an extended driveway. All ingress and egress points that access
the development from the public right-of-way shall be a minimum of twenty
(20) feet if a one-way drive, or forty (40) feet if a two-way drive.
• Interior Connectivity & Driving Aisles: Properly designed parking lot access
provides for safe and efficient movement of vehicles into and out of the parking
lot. Entrances should be located on major streets, align with interior traffic
lanes and/or parking aisles, and should direct inbound traffic toward the
destination. Exits should be located away from the destination point and
discharge vehicles onto lower volume adjacent side streets if possible. Ingress
and egress to a property must be a minimum of twenty (20) feet in width if
one-way access is provided, or a minimum of twenty-four (24) feet in width if
two-way access is provided.

• Landscaping: Landscaping and walkways shall be located between buildings

and paved parking areas. Avoid parking vehicles directly against a building or
structure. Shade trees shall be designed into all parking areas to provide for
natural shading and provide for proper aesthetics. See Article 6: Parking,
Lighting, and Landscaping for additional requirements. Other requirements are
as follows:
i. Adequate landscape screens shall be provided along the perimeter
of all multi-family developments. Where multi-family developments
are located adjacent to single-family residential districts or uses (R-
1), a dense landscape screen shall be provided as determined by the
Planning Commission.
ii. On perimeter streets, sidewalk and streetscape plantings shall be
provided. These screens shall include street trees and landscaping
where necessary to screen parking and other areas.
iii. Dense landscaping and/or architectural elements shall be provided
to screen unattractive views and features, such as outdoor storage
areas, trash enclosures, mechanical equipment and other similar
equipment.
iv. Exterior storage of boats and/or recreational vehicles and trailers
shall be fully enclosed or sufficiently screened when visible from
public street or adjacent properties.
• Open Space: The open space provided in multi-family residential developments shall
address both active and passive outdoor open space uses. Open space shall be designed
to enhance the overall appearance and compatibility of the development. Include
sufficient open spaces in the form of squares, greens and parks. A minimum of 10% of
open space shall be provided in all multi-family developments. Storm water retention
areas are not included in this open space requirement, unless it is properly designed and
considered “usable” open space, see Article 2: Definition of Terms.
• Utilities: All utility lines including electric, telephone, gas and cable television lines shall be
placed underground in each development. Wall-mounted or ground-mounted utility
equipment such as transformers, electric and gas meters, electrical panels, junction boxes
and transformers shall be screened by walls, berms, fences and/or landscaping.
• Accessory Structures and Elements: Multi-family developments with 50 or more dwelling

units shall provide a recreation facility and/or swimming pool. The design of accessory
structures and elements shall be consistent with the predominate architectural theme of

the residential buildings with regard to roof pitch, exterior materials and colors. Accessory
structures and amenities, such as community rooms, recreation facilities, swimming pools,
mail rooms/kiosks, laundry rooms, garages and carports shall be centrally located and
easily accessible by residents.
• Trash Receptacles: Trash and garbage storage areas shall be located convenient to all
residents. These enclosures shall be sufficient to accommodate both waste disposal and
recycling containers. Trash and garbage storage areas shall be enclosed by solid, durable
and attractive walls with solid screen doors. The materials shall be similar in color to the
residential buildings. These enclosures shall be screened with appropriate landscaping.
They shall be situated to minimize views from public streets and to avoid impacting
adjoining properties.
• Lighting: All exterior lighting shall be architecturally integrated with the building style,
materials, and colors. Parking areas, entry drives, and pedestrian walks shall be
illuminated to allow for proper vehicular movements and promote pedestrian safety and
security. All lights shall be pedestrian in scale and spaced for proper energy efficiency. This
lighting shall be inward directed and not impact adjacent properties. See Article 6: Parking,
Lighting, and Landscaping. The use of building lights to illuminate parking areas is
prohibited.
• All multi-family developments shall be in compliance with applicable Town ordinances

and/or health department regulations for public or private water and sanitary sewer
systems.
SECTION 8.11 FISHING CHARTER REGULATIONS

All applications for all charters (fishing, boating, sight-seeing, etc.) shall be reviewed and approved
by the Planning Commission before a business license is issued. No “Charter” service activity is
allowed in a residential zoning district. All conveyance and transportation logistics of all patrons
participating in any charter service must be organized and arranged in a non-residential zoning
district. Under no circumstances are charter patrons allowed to assemble, park, and board a vessel
in a residential zoning district. This regulation is strongly enforced and not subject to modification
by the Dauphin Island Planning Commission. Parking for Charter patrons must be fulfilled at a
location which permits parking lots or at the Dauphin Island Marina. Documentation of this parking
agreement is required before a business licensee for a Charter service is issued.
§ 8.11.1 DEFINITION
A “CHARTER” is defined as: the reservation of a vessel, vehicle, aircraft, or other type of
public transport for private use.

§ 8.11.2 CHARTER LICENSE REQUIREMENTS

A Business License is required for all Charters. All Charter license applications require
the following additional documentation.
• A copy of the license issued by the State of Alabama
• A copy of the current boater, vehicle, aircraft, etc. registration
• A copy of parking agreement from the Dauphin Island Marina or other entity
• Signed form stating that a pre-application meeting with the ACR has been
completed
SECTION 8.12 ABOVE GROUND FUEL STORAGE REQUIREMENTS

All above ground fuel storage tanks shall conform to the following regulations:
• Prohibited in any residential zoning district or in a residential area;
• Fuel must be stored in a double-walled storage tank;
• Fuel storage tank must be surrounded by cinder blocks;
• All above ground fuel storage tanks are limited to a maximum capacity of twenty
(20) gallons. This regulation does not apply to a gas station and/or marina.

ARTICLE 9
Sign Regulations
§ 9.1 INTENT & PURPOSE

§ 9.2 GENERAL PROVISIONS
§ 9.3 SIGN DEFINITIONS
§ 9.4 GENERAL REQUIREMENTS
§ 9.5 PROHIBITED & ILLEGAL SIGNS
§ 9.6 EXEMPT SIGNS
§ 9.7 TEMPORARY SIGNS
§ 9.8 REGULATIONS FOR INCIDENTAL SIGNS
§ 9.9 COMMERCIAL SIGNS
§ 9.10 ADMINISTRATION
§ 9.11 APPLICATION PROCEDURE
§ 9.12 NONCONFORMING SIGNS
§ 9.13 SIGN PERMIT FEES
SECTION 9.1 INTENT & PURPOSE

It is the purpose of these sign regulations to promote the safety and welfare of the residents of
the Town of Dauphin Island so that signs do not become a hazard or a nuisance and, therefore, to
establish regulations for the control of all signs designed or intended to be seen by, or attract the
attention of, the public which may be erected, displayed, maintained or altered in the town.
Further, it is the intent of this Ordinance:
A. To allow expression of commercial and non-commercial speech in a reasonable manner

consistent with the rights of others;
B. To provide a pleasing overall environmental setting and good community appearance
deemed vital to the continued attractiveness of the town throughout all zoning districts;
C. To enhance a productive, enterprising, responsible community atmosphere through the
use of effective visual communication;
D. This Ordinance supersedes all other duly approved and enacted previous sign Ordinances
and no sign will be deemed compliant by virtue of a claim of 'grandfathering.'
SECTION 9.2 GENERAL PROVISIONS

Excluding grandfathered signs, no new sign, other than an official sign and an officially approved
directional sign, is allowed in town right-of-way or shall project into a public right-of-way, or shall
be attached to private property placed in a public right-of-way, except as expressly provided in
this Ordinance.
A. No sign of any kind shall be erected, displayed, maintained or altered in the town unless it is
in compliance with this Ordinance.
B. Signs are Accessory Uses Only: Signs shall be permitted only as accessory uses to buildings or

Article 9 | Sign Regulations
structures, with the exception of construction signs for property under development and real
estate sign.
C. Permit Required: It shall be unlawful for any person to erect, display, alter or relocate any sign
unless such sign is in compliance with this Ordinance, and a permit for such sign has been
issued by the Building Official, and the permit fee required by this Ordinance has been paid,
except for any sign for which a permit is not required under this Ordinance. The signs that do
not require a permit are listed in the EXEMPT SIGNS section of this Article.
D. Compliance Review Required: The Building Official shall not issue a sign permit until
satisfactory completion of the review process as required under this Ordinance.
E. Maintenance: The owner of any sign shall maintain same, in good repair, in a safe manner and
in a permitted location, together with all sign supports, braces, anchors and messages, all in
accordance with this Ordinance. Vegetation around signs shall be trimmed appropriately and
landscaping maintained for the duration of the sign’s existence.
F. Required Signs: The street address (building number) of each of the premises in the town shall
be displayed, as per Town Ordinance, in a legible manner in a location visible from the public
rights-of-way. Per 911 requirements, the street address or building number shall be displayed
along the front lot line, see definition of front lot line in Article 2: Definition of Terms. On corner
lots that have a front and side lot line, the front lot line shall be determined as the longer of
the two lines.
SECTION 9.3 SIGN DEFINITIONS

A list of all sign definitions and related terms is provided in this Ordinance in Article 2: Definition
of Terms.
SECTION 9.4 GENERAL REQUIREMENTS
A. Building Code: All signs must comply with the building code and all other applicable codes
and Ordinances of the town;
B. Electrical Code: Any sign that may require electrical wiring or connections shall comply
with the electrical code and all other applicable codes and Ordinances of the town. All
electrical devices used in signs must be "UL Listed”.
C. Sign Height: No freestanding/ground sign or feather flag shall exceed sixteen (16) feet in
height at the top of the sign and the bottom of a sign may not exceed twelve (12) feet
above ground, measured from the average elevation of the nearest road centerline. Air
dancers may not exceed twenty (20) feet in height and must set back a distance of six (6)
feet from right-of-way.
D. Obstruction to Passage: No sign shall be erected, displayed or maintained so as to obstruct
or interfere with any fire escape, any required exit way, window, door opening or any other
means of egress, or of any opening required for ventilation required by the building code
and all other provisions of the Town Code.
E. Signs in Public Rights-of-Way: No sign, other than an official sign and officially approved
directional signs, shall be placed in public rights-of-way or shall project into a public right-
of-way, or shall be attached to private property placed in a public right-of-way, except as
expressly provided in this Ordinance. Any sign so placed or located, except in conformance

with this Ordinance, shall be confiscated and destroyed. In addition to other remedies, the
Town shall have the right to recover from the owner of such sign or the person placing
such sign the full costs of removal and disposal of such sign.
F. Illumination, Lighting and Glare: Signs may be illuminated through the use of direct or
indirect illumination, backlighting, internal illumination, neon tube illumination or a
combination of the aforementioned. Neon must comply with the Town’s Building Code and
the neon tube may not extend more than eight (8) inches from any side or face. Any device
that illuminates a sign shall be placed and shielded so that the light shall not cause direct
glare into the windows of any adjacent property or be cast into the eyes of passing
motorist. No illuminated sign is permitted in a residential zoning district and flashing lights,
messages or images are not permitted in any zoning district. A flashing sign contains a
sequential flashing light source where the period of time of illumination is generally equal
to the period of non-illumination, and is used solely to attract attention in a non-
informative way. There must be a minimum five (5) second period for each change of
color, message or lighting for all illuminated signs.
SECTION 9.5 PROHIBITED & ILLEGAL SIGNS

In addition to any sign not specifically permitted by these regulations, the following are specifically
prohibited and will be confiscated and disposed of immediately.
A. Any sign visible from a public right-of-way that simulates or imitates in color, lettering,
content or design any traffic sign or signal; or that makes use of words, symbols or
characters in a manner which is likely to interfere with, mislead or confuse pedestrians or
motorists; or otherwise presents or implies the need or requirement of stopping, caution,
the existence of danger, or which for any reason could be confused with any sign displayed
or authorized by public authority.
B. Any sign, pennant or device raised into the sky and held in place with ropes or wire, except
for flags as defined and listed in the Regulations for Incidental Signs section of this
Ordinance.
C. Any sign containing or consisting of any flashing, pulsating or otherwise animated light or
component that does not meet the five (5) second minimum period as noted in Section 4
Requirements Applicable to All Signs; excluding signs owned and managed by any
governmental entity and digital signs as defined in the Definitions and the Regulations for
General Business Signs of this Ordinance.
D. Any sign at any street intersection that would obstruct free and clear vision of motorists,
or that would obstruct or interfere with a motorist's view of any traffic signal or sign.
E. Any sign painted on, or attached to, a utility pole or fence or similar structure, or painted
on or attached to a tree, rock or other natural feature.
F. Any sign erected, painted, enlarged or structurally altered in violation of any provision of
this Ordinance.
G. Any sign determined by the Building Official to be dangerous because it is not securely
affixed to the ground, or otherwise affixed in a safe, secure and permanent manner to a
building or other approved supporting structure.
H. Any sign that has deteriorated or been damaged to such extent that the cost of

reconstruction or restoration is deemed by the Building Official to be in excess of fifty (50)

percent of its present value, exclusive of foundations.
I. Any sign identifying a business or other use no longer occupying the premises upon which
it is displayed.
J. Off-premise sign advertising goods or services not provided by the sign owner.
K. Bench signs.
L. Signs that display a message or graphic representation that is lewd, indecent or otherwise
offensive to public morals as determined by the Planning Commission.
M. Portable signs on wheels of the type usually leased by sign companies which can be towed
with a vehicle from place to place, and on which the sign copy can be readily changed.
N. Murals containing lettering, logos or advertising.
O. Snipe, bandit or lawn signs with the exception of political signs which must follow the
guidelines listed in the Regulations for Temporary Signs section of this Ordinance.
P. Signs that emit or create noise of any kind.
Q. No sign, other than official or directional governmental signs, shall be placed in the Town
rights-of-way from the intersection of the centerlines of Le Moyne Drive and Bienville
Boulevard to: (1) East to Key Street, (2) North to Cadillac Avenue, (3) West to Lackland
Street, and (4) South of Bienville Boulevard from Key to Lackland Streets. In this Ordinance,
this area shall be known as The ‘T’. No variance may be given for sign(s) in The ‘T’ except
for Sandwich/Sidewalk signs of businesses located within The ‘T’ and as defined and
regulated in this Ordinance. Sandwich/Sidewalk signs placed in the ‘T’ must be set back a
minimum of fifty (50) feet from the tips of the median on which they are placed and may
not be placed south of Bienville Boulevard from Key to Lackland Streets.
SECTION 9.6 SIGNS EXEMPT FROM SIGN PERMIT FEES

The following signs are exempt from paying a sign permit fee, but shall be required to obtain a
sign permit from the Town of Dauphin Island. A sign application is required for any of the
following signs, and the applicant shall be responsible for the requirements of this Article and
shall be held responsible for all the sign regulations that apply as well as all other provisions of
the Town Code. All sign applications shall be approved by the Planning Commission.
• Required (Street address or building number)

• Temporary
• Church
• Dauphin Island Park & Beach Board
• Dauphin Island Sea Lab
• The Estuarium at Dauphin Island Sea Lab
• Dauphin Island Bird Sanctuaries
• Public schools
• Incidental
Each church may have one (1) on-premise sign not exceeding thirty-two (32) square feet. Generic
directional signs will be provided for churches on Lemoyne Drive and Bienville Boulevard with
church logo if requested. May not utilize sandwich signs or feather flags, in any location.

SECTION 9.7 TEMPORARY SIGNS

A temporary sign is defined as: Sign not permanently and rigidly affixed to the ground or a building.
See additional sign definitions in Article 2: Definition of Terms of this Ordinance.
It shall be unlawful to erect, display or permit the display of, or maintain any temporary sign unless
such sign is expressly permitted by this Ordinance, subject to all of the limitations and provisions
stated herein and a permit has been issued. Should a temporary sign exceed the permitted display
area, and/or duration of display, it shall be considered a general business sign and shall be subject
to every requirement of this Ordinance governing such signs. Permitted temporary signs are
limited to the following types and conditions:
A. Banner: Each new business may have one temporary banner, placed as a facade sign or a
window sign in accord with all other applicable requirements of this Ordinance, for a period
of not more than 45 days or until a permanent sign is installed, whichever time period is
shorter. Otherwise, only as authorized by the Town Council.
B. Community Event Signs & Banners: Only as authorized by the Town Council or Building
Official to advertise a non-commercial event and for a period of not more than fourteen
(14) days. Only one (1) on-premise banner and one (1) banner placed on Town’s ‘banner
board’ are allowed per event, and must be removed within twenty-four (24) hours of the
events conclusion.
C. Community Event Signs & Banners: Only as authorized by the Town Council or Building
Inspector/Zoning Official to advertise a non-commercial event. Sign size is limited to two
(2) feet by two (2) feet and will be allowed for a period of not more than thirty (30) days
prior to the event. These may be placed on town rights-of-way except in The ‘T’ but must
be removed within twenty-four (24) hours of the event’s conclusion.
D. Construction Sign: Only on development sites for which a building permit has been issued.
For individual residential lots, not to exceed one sign, display area not to exceed six (6)
square feet and height not to exceed three (3) feet above the ground, measured from the
average elevation of the nearest road centerline. For all commercial lots, not to exceed
one sign, the aggregate display area not to exceed thirty-two (32) square feet and height
not to exceed eight (8) feet above the ground, measured from the average elevation of the
nearest road centerline. Removal of all construction signs shall be required prior to
issuance of a Certificate of Occupancy. All building permits shall include these conditions.
E. Hazard Sign: Shall be removed immediately when the hazard no longer exists.
F. Political Sign: All political signs may be displayed (as described below) only after a
candidate has fully registered and/or qualified to run for office, not to exceed forty-five
(45) days prior to the election in which they are a candidate. Political signs shall not exceed
two (2) sides with three (3) square feet per side. A maximum of one (1) sign per candidate
per lot may be placed on private property in all zoning Districts and shall not be placed
within public rights-of-way, publicly owned sites, public authority sites, and publicly-leased
sites. Signs shall not be attached to utility poles, trees, benches, fences, awnings, nor
attached to any town, county, state or federal marker, directional or informational sign
unless specified otherwise in this Ordinance. Political signs shall be removed within

seventy-two (72) hours of poll closing for the election. When a sign is damaged or
condition warrants, it shall be removed or replaced. Any sign not in compliance with the
requirements of this Ordinance shall be removed by Town personnel.
G. Political Signs: Voting Day - On voting day each candidate may have a maximum of six (6),
two (2) sided signs not to exceed three (3) square feet per side within the rights-of-way
and within one hundred fifty (150) feet of the voting site. Signs must be a least one (1)
foot from the edge of the pavement and must be removed within twenty-four (24) hours
of poll closing. Any sign determined not to be in compliance with the requirements of this
Ordinance shall be removed by Town personnel.
H. Real Estate Sign: May only be posted on the property that is for sale, rent or lease, subject
to the following conditions:
• For Sale and/or For Lease/Rent Signs: The aggregate display area of all For Sale
and/or For Lease/Rent Sign(s) for each lot shall not exceed four (4) square feet in
areas zoned residential or conservation-park, and twenty-four (24) square feet in
all other zoning Districts.
• Vacation Rental Signs: See Residential and/ or Vacation Rental Identification Signs.
• Properties fronting navigable waterways, canals, Gulf of Mexico or bays may have
one (1) for sale sign on the street side and one (1) sign on the water side of the lot.
Provided each of the signs conforms to this ordinance.
• Corner lots may have one sign on each street, providing the signs are not closer
to each other than the midpoint of each side.
• Through lots may have one sign on each street front.
• Sign must be removed within fourteen (14) days after sale.
• Sign Height: The bottom edge of a ground-posted real estate sign shall not be
elevated more than two (2) feet above the average elevation of the nearest road
centerline for residential property and four (4) feet above the average elevation of
the nearest road centerline for commercial property. The vertical distance is
measured from the average elevation of the nearest road/street centerline to the
bottom of the sign. The top of the sign or support shall not exceed six (6) feet
above the ground measured at the center of the sign.
I. Real Estate Directional Signs: Signs are not to exceed twenty-four (24) inches wide and ten
(10) inches high. Signs must be located so as to minimally interfere with Town operations.
A small logo or name may be included on the sign face but cannot increase the stated sign
size.
J. Open House Sign: On properties which are for sale, One (1) open house sign of four (4) square
feet may be placed on the property fourteen (14) days prior to the open house. Open
house signs must include the day of the week and the times the agent will be on site for
the open house.
K. Open House Directional Signs: Signs are not to exceed twenty-four (24) inches wide and ten
(10) inches high must be located so as to minimally interfere with Town operations. Signs
may be placed in the rights-of-way two days prior to the open house and must be removed
within twenty-four (24) hours after the open house is over. A small logo or name may be
included on the sign face but cannot increase the stated sign size.
L. Auction Sign:

• Residential - One (1) sign of aggregate display area of six (6) square feet on property
being offered.
• Commercial - One (1) sign of aggregate display area of twenty-four (24) square feet
on property being offered. Sign may be erected thirty (30) days prior to auction
and must be removed within twenty-four (24) hours after auction. Signs must
include the date and time of the auction.
M. Auction Directional Signs: Signs are not to exceed twenty-four (24) inches wide and ten (10)
inches high and must be located so as to minimally interfere with Town operations. A small
logo or name may be included on the sign face but cannot increase the stated sign size.
Signs may be erected thirty (30) days prior to auction and must be removed within twenty-
four (24) hours after auction.
SECTION 9.8 INCIDENTAL SIGNS

An incidental sign is defined as: a sign, other than an official sign, containing no commercial
message, providing only information or direction for the convenience and necessity of the public,
see Article 2: Definition of Terms.
A. It shall be unlawful to erect, display or permit the display of, or maintain any incidental sign
unless such sign is expressly permitted by this Ordinance, subject to all of the limitations and
provisions stated herein and a permit has been issued. Should an incidental sign exceed the
permitted display area, it shall be considered a general business sign and shall be subject to
every requirement of this Ordinance governing such signs. Permitted incidental signs are
limited to the following types and conditions:
B. Air Dancers: Each property on which a business or businesses are located within commercially
zoned districts are allowed one (1) air dancer, not to exceed twenty (20) feet in height. Air
dancers must be located on the business property, not on the Town right-of-way; and are only
allowed to be used during normal business hours, and in no case from the hours of 10:00 p.m.
to 6:00 a.m.
C. Bulletin Board, commercial and noncommercial: Not to exceed one (1) single or double faced
sign per premises, display area not to exceed thirty-two (32) square feet per side and height
not to exceed eight (8) feet above the ground directly below the bulletin board.
D. Gasoline Service / Station Price Sign: Height of sign shall not exceed sixteen (16) feet in height
at the top of the sign and the bottom of a sign may not exceed twelve (12) feet above ground,
measured from the average elevation of the nearest road centerline. Shall not be placed in a
location that will obstruct the view of a motorist or a pedestrian leaving or passing the building.
Not to exceed one per service station. The sign may be single faced or double faced and may
not exceed more than thirty-two (32) square feet per face exclusive of frame. Sign frame may
not exceed thirty (30) square feet.
E. Official Flag or Official Sign: Any official governmental, traffic, directional, regulatory or
informational sign or flag placed by a duly authorized public official, or notice issued by any

court officer or order, or officer in performance of a public duty; an official historical marker;
any sign or flag erected by any governmental agency for identification purposes at any office,
institutional, recreational, or other publicly owned or leased site. Governmental flags may be
displayed on all properties.
F. Non-Official Flag: Non-official flags, see sign definitions, may be flown on all residential and
commercial properties, but does not include pennants. Each business is allowed one (1) flag
to be used as an open sign with the message indicating “Open” on the flag, and two (2)
additional non-official flags and/or feather flags, provided the business is located in a non-
residential zoning district. The height of feather flags may not exceed sixteen (16) feet.
G. Product Sign: Only those signs attached to pump or machine advertising only those products
dispensed therefrom.
H. Home Occupation/Home Office Sign: One (1) sign not more than one and one-half (1.5) square
feet in area fastened directly to the building. A Home Occupation/Home Office may not have
a sandwich sign either on-premise or off-premise.
I. Residential and/ or Vacation Rental Identification Signs: May only have the name of the
residence and shall not include any type of contact information or commercial advertisement
messages. Not to exceed one (1) sign per residence, display area not to exceed sixteen (16)
square feet including graphics.
J. Condominium Identification Sign: Not to exceed one (1) attached and one (1) on premise
ground sign per condominium complex. Sign limited in content to name of condominium,
graphics, name of rental agent (not to exceed 20% of sign face), address of premises, and not
to exceed: for a condominium complex with less than ten (10) units, sixteen (16) square feet;
for a condominium complex with ten (10) or more units, thirty-two (32) square feet. Signs of
danger or of a cautionary nature are allowed and are limited to three (3) square feet in area.
All condominium signs are limited to: 1) Wall or ground sign; 2) No more than one (1) sign per
complex; 3) Illumination only from a concealed light source which does not blink, flash or
pulsate.
K. Directional/Way-finding Sign: One (1) single, on-premise ground sign, may be permitted at
each entrance from a public street, only if authorized by the Town Council and only as
indicated on the approved subdivision plat or site plan, provided the display area does not
exceed the following:
(a) ten (10) lots or less: sixteen (16) square feet;
(b) more than ten (10) lots: thirty-two (32) square feet
These signs are subject to all other applicable requirements of this Ordinance regarding ground
signs.
L. Security Sign: Not to exceed one (1) sign on each side of house/building and the display area
not to exceed one (1) square foot each.

M. Utility Sign: Signs identifying a utility may have an aggregate display area of one (1) square
foot.
N. Sandwich Signs (application fee required): Each Dauphin Island licensed business, except Home
Occupation, Home Office, Businesses and Peddlers, may place one (1) Sandwich (Sidewalk)
sign either on their property or on the Town’s right-of-way during the established business
hours of operation. Sandwich signs require compliance approval by the Building
Inspector/Zoning Official. The sign may be up to twenty-four (24) inches wide and thirty-six
(36) inches high with a maximum of two (2) inch wide and four (4) inch high legs. PVC pipe
may be placed into the ground at placement site to hold the legs of the sign. The PVC pipe
must be flush with the ground to prevent damage to mowers and equipment. The signs must
be anchored or weighted for safety. The Sandwich Sign must be removed at the end of each
day’s hours of operation. Any sign that violates this provision of the Ordinance will be removed
by Town employees and held at Town Hall for fourteen (14) days. For the first offense a fine
of twenty-five ($25.00) dollars will be charged to retrieve the sign. Any subsequent violations
will result in the confiscation and destruction of the sign. The Town assumes no liability for
signs placed on the right-of-way. See Appendix B for sign permit fees and fines.
SECTION 9.9 GENERAL BUSINESS/COMMERCIAL SIGNS

A general business or commercial sign is any sign that displays a commercial message to advertise
the name and any wording, logo or other representation that, directly or indirectly, names,
advertises or calls attention to a business, product, service or other commercial activity. It shall be
unlawful to erect, display or permit the display of, or maintain any general business sign unless
such sign is expressly permitted and fee paid as required by this Ordinance, subject to all of the
limitations and provisions stated herein. A business façade, attached, ground, window or off-
premise sign may advertise goods and services provided by the business; or may advertise goods
and services for any licensed Dauphin Island business, except Home Occupation businesses,
provided that the display area of the signs is included in the total aggregate area allowed for
signage and that the annual fee per off-premise sign has been paid to the Town by the off-premise
business being advertised.
Permitted general business signs are limited to the types and conditions listed in Table 1 below.
All permitted general business signs are included in the total allowable aggregate area for signage.
Wherever more than one of the following may pertain to any particular situation, the more or
most restrictive shall apply.
NOTE: Sign regulations for the Aloe Bay Overlay District (ABOD) and Village (V) Zoning District are
found within the district requirements for that specific district, see Article 4.
Table 1. General Business Signs

Type Conditions (If Applicable)
Awning Sign Shall be flat against the surface of the awning and must be placed to

maintain a minimum of eight (8) feet vertical clearance from the

finished surface directly below.
Digital Sign Programming, menus, information, advertising and/or other
messages displayed by digital signs utilizing technologies such as
LCD, LED, plasma displays or projected images, cannot display
flashing or pulsating light to display content. Digital signs shall be
limited to one (1) digital sign per building, per lot of record. Lots
with multiple businesses shall be allowed one (1) digital sign to
service all businesses located on that lot. The digital sign shall not
exceed the area permitted or sixteen (16) square feet in total area,
whichever is less, and shall change graphics, color or message no
more than one (1) time per five (5) seconds. During the hours of
10:00 p.m. and 6:00 a.m., digital signs shall remain static with no
changes. The total area of the digital sign shall be included when
calculating the total aggregate area for use as either a Façade or
Ground sign. See Aggregate Display Area sections following this
table.
Setback from Other Digital Signs. Digital signs must be separated
from other digital signs by at least fifty (50) feet.
Directory Sign Not to exceed one per building, fashioned as a suspended sign,
facade sign or window sign, subject to all conditions for such sign
types.
Door Sign None
Facade or Attached Sign See Façade or Attached Sign Aggregate Display Area following this
table.
Ground or Free Height of sign shall not exceed sixteen (16) feet in height at the top
Standing Sign of the sign and the bottom of a sign may not exceed twelve (12)
feet above ground, measured from the average elevation of the
nearest road centerline. Shall not be placed in a location that will
obstruct the view of a motorist or a pedestrian leaving or passing
the building. See Ground or Free Standing Sign Aggregate Display
Area following this table.
Home Occupation & One (1) sign not more than one and one-half (1.5) square feet in
Home Office Sign area fastened directly to the building. A Home Occupation/Home
Office may not have a sandwich sign either on-premise or off-
premise.
Off-premise Sign Each business issued a Dauphin Island business license (excluding
Annual Sign Permit Fee Home Occupation, Home Office Businesses and Peddler’s) is
required allowed one (1) off-premise sign. The off-premise sign may only
(see Appendix B) advertise goods and services provided by that business to which the
off-premise permit is issued. The sign may be single faced or
double faced and may not exceed more than thirty-two (32) square
feet per face. No sign may be erected on any public right-of-way,
publicly owned property or conservation-park property. Off-

premise sign(s) erected on residential property must obtain written

permission of all adjoining residential improved property owners. If
an adjoining residential unimproved lot is improved and the owner
of the residential improved lot objects to the sign, the sign shall be
removed by the owner. Note that any portable or mobile sign such
as a sign affixed to a vehicle or signage that is wrapped around a
vessel, and the like, which are used for advertising purposes, are
considered to be an off-premise sign and the size of such sign will be
counted as part of the total aggregate allowance for the business in
which the sign advertises.
Every business that has an off-premise sign is required to purchase
a permit and pay the applicable fee for same per calendar year or
any portion thereof. Fees to be included in the business license
application $250 plus license fee Signs shall be maintained by the
individual business advertised thereon.
Off-premise signs placed at the location of another business will be
considered as part of the aggregate allowed for the business
property on which it is placed. Written permission of the business
owner where the off-premise sign is located is required prior to an
off-premise permit being issued.
Indemnify and Hold Harmless: The owner of any off-premise sign
must execute an Indemnity and Hold Harmless Agreement with the
Town of Dauphin Island.
Projecting Sign May only be permitted one per establishment. Because a projecting
sign is so nearly a part of the building to which it is attached, the
Building Inspector/Zoning Official shall insure that:
• projecting signs are appropriately fit to and are properly secured
to the buildings to which they are to be attached;
• a projecting sign shall be pinned away from its supporting facade
and shall not extend beyond the surface of that portion of the facade
to which it is attached more than three feet horizontally;
• a projecting sign shall not extend vertically more than three feet
above the facade of a building to which it is attached;
• A projecting sign must be placed to maintain a minimum of
eight (8) feet vertical clearance from the finished surface directly
below.
Roof Sign May only be permitted one per establishment. The Building
Inspector/Zoning Official shall insure that roof signs are
appropriately fit to and are properly secured to the buildings to
which they are to be attached. Roof signs painted directly on the
roof of a business will be considered part of the Façade/Attached
Sign Aggregate Display Area for the business if the sign is visible
from ground level.
Sandwich Sign Each Dauphin Island licensed business, except Home Occupation,

Home Office, Businesses and Peddlers, may place one (1) Sandwich
(Sidewalk) sign either on their property or on the Town’s right-of-
way during the established business hours of operation. The sign
may be up to twenty-four (24) inches wide and thirty-six (36) inches
high with a maximum of two (2) inch wide and four (4) inch high
legs. See Section 9.7: Incidental Signs.
Signage for Marina Attached Signage: The total signage area for all charter fleet
Charter Boat Fleet vessels at a marina shall not exceed 50% of the street face of the
main office/ships store building. Signage for an individual charter
fleet vessel may not exceed eight (8) square feet of attached
signage on the building.
Dock or Pier Signage at Marina: Signage for an individual charter
fleet vessel may not exceed eight (8) square feet of signage at the
berthing dock of a vessel.
Suspended Sign A suspended sign must be placed to maintain a minimum of eight
(8) feet vertical clearance from the finished surface directly below.
Window Sign None
For the purpose of this Ordinance, the section below pertains to a building, whether it houses one
or more businesses. All general business signs, existing and/or proposed, shall be counted toward
the permitted aggregate display area.
• Façade or Attached Sign Aggregate Display Area: Each building, whether housing a single
business or multiple businesses, may have one (1) square foot of aggregate display area
for each linear foot of the portion of the façade which constitutes the longest side of a
building, or the side of the building chosen by the owner, not to exceed two hundred fifty-
six (256) square feet total aggregate area with the largest single sign face not to exceed
sixty-four (64) square feet. The owner of a multiple-business property will determine the
aggregate area allowed to each business located thereon. Single businesses with small
dimensions would be allowed up to a thirty-two (32) square feet aggregate area. The side
of a building facing residential property shall have a maximum four (4) square feet of
signage and the sign may not be illuminated. “Facing” shall mean: Any side of a lot
projected parallel to the closest lot located within the Town of Dauphin Island. The next
lot could be the adjacent lot, lot across the street, or lot across a body of water.
• Ground or Free-Standing Sign Aggregate Display Area: For each business, the aggregate
display area for ground signs is forty-eight (48) square feet for single businesses located on
one single-platted piece of property, and seventy-two (72) square feet aggregate for
multiple businesses located on one (1) single-platted piece of property. Signs may be single
or double faced. Through lots may have one ground sign on each street front except that
a ground sign on the side of a building facing residential property shall have a maximum
sixteen (16) square feet of signage and the sign may not be illuminated. “Facing” shall
mean: Any side of a lot projected parallel to the closest lot located within the Town of
Dauphin Island. The next lot could be the adjacent lot, lot across the street or lot across a

body of water.
SECTION 9.10 ADMINISTRATION

Responsibility: The Building Inspector/Zoning Official shall be responsible for receiving
applications and fees for sign permits, for conducting staff review of such applications and for
issuing sign permits when all required procedures including Planning Commission review are
satisfactorily completed and fees paid.
SECTION 9.11 APPLICATION PROCEDURE

Application for a sign permit shall be made upon the form provided by the Town and shall contain,
or have attached thereto, the following information:
1. Name, address and telephone number of applicant.

2. Name, address and telephone number of person or company who shall erect the
sign. If the sign will be erected by a company, the company must have a Dauphin
Island business license.
3. Address of building or property upon which sign is proposed to be erected.
4. Written consent, of the owner of the property on which the sign is to be located
for erection or placement of sign.
5. Letter from property owner as required for off-premises sign.
6. Copy of the approved Master Sign Plan, if applicable.
7. Scaled drawing or photograph of building elevation, showing the actual size and
location of the proposed sign in proportion to and in relation to the existing building
or the building to be constructed.
8. Information regarding method of construction and placement of sign. Description
or samples of sign materials and colors.
9. Other information the Building Inspector/Zoning Official may reasonably require to
demonstrate full compliance with all applicable provisions of the Town Code.
C. Fees, non-refundable: Each sign permit application that requires a permit fee shall be
accompanied by a check made payable to the Town of Dauphin Island, Alabama, or
acceptable credit card, or cash in an appropriate amount, as established by resolution of
the Town Council. This fee shall be paid at the time of application to defray the cost of
processing sign permit applications and shall be charged in addition to any building permit
fee, electrical permit fee or any other fee associated with the approval of a proposed or
existing development. All signs with the exception for those listed in Section 9.5 of this
Article require a permit fee. See Appendix B: Schedule of Fees.
D. Compliance Review: The Planning Commission shall, in public meeting, review all sign
permit applications as to compliance with the provisions of this Ordinance. Because signs
are so nearly a part of the buildings to which they are attached or pertain, the Planning
Commission shall assure, through the review process that signs are appropriately fit to,
and are properly secured to the buildings or other structure to which they are to be
attached. The Planning Commission shall report its approval or denial of the application

to the Building Inspector/Zoning Official (or authorized designee), who shall not issue a
sign permit without approval of the application by the Planning Commission.
E. Compliance Review-Time Limitation: If within forty-five (45) days (or such longer period of
time as may be agreed upon by the applicant and the Planning Commission) of the
applicant's submittal to the Building Inspector/Zoning Official of a completed application
for a sign permit, including all required information and materials, the report of the
Planning Commission is not submitted to the Building Inspector/Zoning Official, the
application shall be considered approved by the Planning Commission as submitted, and
the Building Inspector/Zoning Official shall issue a sign permit if all other requirements of
this Ordinance have been satisfied and the appropriate fee paid.
F. Master Sign Plan Required: A development site containing an existing or proposed office
park, shopping center, building or group of buildings that contains multiple businesses,
institutions or other arrangement of multiple nonresidential users shall have a master sign
plan, subject to approval by the Planning Commission, prior to application for any sign
within its boundaries. All sign permit applications pertaining to such development sites
shall be reviewed in light of such approved plans. Sign permit applications reviewed under
authority of a master sign plan shall be subject to the following:
• All general business signs existing prior to submission of the master sign plan, whether
or not such signs conform to the provisions of this Ordinance, shall be counted toward
the permitted aggregate display area of general business signs.
G. Variance: The Board of Adjustment may authorize, on application in specific cases, a

variance from the provisions of this Ordinance such as will not be contrary to the public
interest, where owing to special conditions applying to the premises in question and not
applicable generally to other buildings or structures, a literal enforcement of such
provisions will result in unnecessary hardship, but where the spirit of the Ordinance shall
be observed and substantial justice done. Such special conditions shall be limited to those
which the Board of Adjustments finds that the granting of the application for a variance is
necessary, that it does not merely serve as a convenience to the applicant, and that the
condition from which relief is sought would result in peculiar, extraordinary and practical
difficulties to the property upon which the sign would be erected or displayed.
H. Appeals: Any decision of the Building Inspector/Zoning Official or Board of Adjustments

authorized by this Ordinance may be appealed to the Town Council. Appeals shall be filed
in writing with the Town Clerk within fifteen (15) business days of the decision. Appeals
shall be considered at the next Town Council meeting, provided the applicant has furnished
the Town Council with all information and materials needed by the Town Council to
consider the appeal at least seven days in advance of such meeting.
I. Inspection: The Building Inspector/Zoning Official shall be responsible for inspection of all
signs to determine compliance with the provisions of this Ordinance.

J. Time Limitation, Sign Permit: If the work authorized under a sign permit has not been
completed within ninety (90) days following the date of issuance, such permit shall become
null and void and any partial construction removed by the permittee.
K. Transfer of Ownership: Sign permits may be transferred for on premise signs with change
of ownership of business provided there are no changes to the sign. Any dismantling,
removing, or alteration of the sign will require a new application and permit.
L. Revocation: The Building Inspector/Zoning Official is authorized and empowered to revoke

any sign permit upon failure of the permit holder to comply with any provision of this
Ordinance.
M. Removal of Unsafe Signs: The Building Inspector/Zoning Official shall require any sign that
is an immediate danger to persons or property to be removed by the owner of the property
upon which the sign is located within ten (10) days of written notice to such owner. The
Building Inspector/Zoning Official shall require any sign that is not an immediate danger to
persons or property, but otherwise impinges upon the public health, safety, or general
welfare, or is, in the opinion of the Building Inspector/Zoning Official, structurally unsound
or unsafe in any way, to be removed, repaired, replaced, or secured, in compliance with
the provisions of this Ordinance, by the owner of the property upon which the sign is
located, within thirty (30) days of written notice to such owner.
N. Removal of Prohibited and Non-permitted Signs: The Building Inspector/Zoning Official

shall immediately remove and dispose of any prohibited or un-permitted sign on town
rights-of-way.
O. Sign Inspection: The Building Inspector/Zoning Official shall conduct a final inspection
upon completion of approved work for the purpose of verifying that the sign is in
compliance with the requirements of the permit and all other provisions of this Ordinance.
Failure to make any and all necessary corrections within ten (10) days of inspection by the
Building Inspector/Zoning Official and obtain a satisfactory inspection result shall render
the permit invalid and the applicant shall be required to reapply for a permit or remove
the sign or sign structure within ten (10) days.
P. Enforcement: If a violation of any provision of this Ordinance, specified in a written notice

from the Building Inspector/Zoning Official to the owner of the business to which the sign
is permitted and/or to the owner of the property upon which the sign is located, is not
remedied by the time specified in the notice, the Building Inspector/Zoning Official shall
use all available means to remedy the situation. The owner of the business to which such
sign is permitted and/or the owner of the property upon which the sign is located shall pay
any reasonable expenses incident to such removal.

Q. Penalties: Each and every violation of the provisions of this Ordinance shall be punishable
by a fine not exceeding $500.00. Each and every day the violation continues shall be
construed as a separate offense.
SECTION 9.12 NON-CONFORMING SIGNS

Conditions: Any sign that is not specifically permitted, or that does not comply with all provisions
of this Ordinance, yet which lawfully existed and was maintained as such as of the effective date
of this Ordinance shall be considered a nonconforming sign.
Alteration: A nonconforming sign shall not, after the effective date of this Ordinance, be enlarged,
structurally altered or extended unless such changes to the sign shall be made to bring the sign
into compliance with all the provisions of this Ordinance. Another nonconforming sign may not
replace a nonconforming sign. Minor repairs and maintenance of nonconforming signs, such as
repainting and electrical repairs, shall be permitted only prior to the date compliance must occur
or to achieve compliance with this Ordinance. However, no changes in the location, size or shape
of any nonconforming sign shall be permitted except to make the sign comply with all provisions
of this Ordinance.
Compliance: The Building Inspector/Zoning Official shall require all nonconforming signs to be
removed or made to conform to all provisions of this Ordinance, by the owner of the business to
which the sign is permitted and/or to the owner of the property upon which the sign is located, in
accord with the following schedule:
1. Within thirty (30) days of written notice to the owner of the business to which the sign
is permitted and/or to the owner of the property upon which the sign is located, should
any of the following events or conditions occur.
• The use or ownership of the premises on which the nonconforming sign is located
changes.
• The exterior of the building or other site conditions on the property upon which
the nonconforming on premise sign is located is to be altered to the extent that a
building permit is required.
• A nonconforming sign is damaged by any cause, resulting in replacement or repair
cost equal to at least one-half of its value, exclusive of foundations, at the time of
damage.
2. This Ordinance supersedes all other duly approved and enacted previous sign
Ordinances and no sign will be deemed compliant by virtue of a claim of
“grandfathering”, with the exception of the signs that are presently allowed in town
right-of-way per town study.
SECTION 9.13 SIGN PERMIT FEES

Each sign permit application requiring a permit fee shall be accompanied by a check made
payable to the Town of Dauphin Island, Alabama, or acceptable credit card, or cash in an

appropriate amount, as established by resolution of the Town Council. This fee shall defray the
cost of processing sign permit applications and shall be charged in addition to any building
permit fee, electrical permit fee or any other fee associated with the approval of a proposed or
existing development.
Incidental and temporary signs require a sign permit but no permit fee, see Appendix B: Schedule
of Fees for a full list of planning and zoning fees for each application for development.

ARTICLE 10
Development Process Procedures & Review Boards
§ 10.1 APPLICATIONS FOR DEVELOPMENT

§ 10.2 APPLICATION SUBMISSION DEADLINES
§ 10.3 BUILDING PERMIT REQUIRED BEFORE CONSTRUCTION
§ 10.4 APPLICATION & DEVELOPMENT REVIEW PROCESS
§ 10.5 PRE-APPLICATION MEETING REQUIREMENTS
§ 10.6 COMPLETE APPLICATION PACKET CONTENTS
§ 10.7 APPLICATIONS REVIEW BOARDS
§ 10.8 APPLICATIONS REQUIRING SITE PLAN REVIEW
§ 10.9 REQUIRED SITE PLAN CONTENT & PURPOSE
§ 10.10 ACQUIRING A BUILDING PERMIT
§ 10.11 THE BUILDING OFFICIAL DUTIES & RESPONSIBILITIES
§ 10.12 THE PLANNING COMMISSION DUTIES & RESPONSIBILITIES
§ 10.13 THE BOARD OF ADJUSTMENT DUTIES & RESPONSIBILITIES
§ 10.14 ZONING AMENDMENTS, HEARINGS, AND APPEAL PROCEDURES
§ 10.15 ANNEXATION PROCESS & ZONING CLASSIFICATION
§ 10.16 REVERSIONARY CLAUSE
SECTION 10.1 APPLICATIONS FOR DEVELOPMENT

All applications for development, permits, licenses, signs, zoning amendments, hearings, and/or
appeals are available at Town Hall and the Town’s website at: www.townofdauphinisland.org
§ 10.1.1 IMPLEMENTING AUTHORITY

The Town of Dauphin Island Planning Commission shall be the implementing authority for
this Ordinance, except that where required by law, action of the Dauphin Island Town
Council or Board of Adjustment is necessary.
§ 10.1.2 PUBLIC HEARINGS

When the Planning Commission must hold a public hearing on any matter where its
action is decisive, due notice shall be given as required by law. When the Town Council
must hold a public hearing on any application requiring a recommendation by the Planning
Commission (such as a re-zoning), the Planning Commission may dispense with a separate
public hearing and submit its recommendation to the Town Council. The public notice of
such hearing by the Town Council may be published or posted by the Town Clerk
immediately upon receipt of the recommendation from the Planning Commission and
consultation with the mayor regarding the date and time of said hearing.
§ 10.1.3 SITE PLAN REVIEW PROCESS

The site plan review procedure is required to ensure the proposed development conforms
to the requirements of the current adopted zoning ordinance. A Site Plan is a development

Article 10 | Development Process & Review Boards
plan drawn to scale by a Professional Certified Surveyor, Engineer, or Architect licensed in

the State of Alabama, showing existing and proposed structures, dimensions, and other
physical features of a lot, as required by the Zoning Ordinance. A Site Plan must be
reviewed and approved by the Planning Commission to ensure all of the zoning
requirements are fulfilled before the issuance of a building permit or before the application
can move forward in the development process. A master plan shall be required for all
projects with multiple phases and/or multiple principal structures. It is the responsibility of
the Building Official and Planning Commission to review the site plan and/or master plan.
§ 10.1.4 MASTER PLAN REVIEW PROCESS

A Master Plan shall be required for all projects with multiple phases and/or multiple
principal structures. The Master Plan must show all phases of the development and
presented and approved by the Planning Commission at a public hearing. After the Master
Plan is approved, the applicant can proceed with Site Plan review for each phase of the
development.
§ 10.1.5 PLANNING APPLICATIONS

The following is a list of all planning applications for development. A complete list of all
applications, check-off lists, and associated fees is in Appendices A & B of this Ordinance.
Included with each application is a packet with all other relevant and required items
needed to make a complete application. All application packets must be considered
complete and submitted to the Town within the required timeline in order to be placed on
the Planning Commission agenda for that month. The following applications are heard and
reviewed by the Planning Commission and additionally, when required, by the Board of
Adjustment and/or Town Council.
I. PLANNING COMMISSION APPLICATIONS FOR ZONING & SUBDIVISIONS:

A. ZONING-RELATED APPLICATIONS:
1) SITE PLAN REVIEW
2) RE-ZONING (ZONING AMENDMENT)
3) HOME OCCUPATION
4) HOME OFFICE
5) SIGN PERMIT
B. SUBDIVISION OF LAND-RELATED APPLICATIONS (See Subdivision Regulations):

1) MINOR SUBDIVISION AND/OR RE-SUBDIVISION (the creation of a new lot(s) OR
the combining of lots).
2) MAJOR SUBDIVISION (the creation of new lots AND new streets, drainage, and
other infrastructure).
II. BOARD OF ADJUSTMENT APPLICATIONS- In addition to review and recommendation by the

Planning Commission, the Board of Adjustment (BOA), also referred to as the Zoning Board
of Adjustment shall hear and act upon the following ZONING-RELATED applications when
required by the Zoning Ordinance:

1) AREA VARIANCE
2) ADMINISTRATIVE APPEAL
3) SPECIAL EXCEPTION USE
III. TOWN COUNCIL APPLICATIONS- The Town Council will hear and act upon the following
applications after the Planning Commission has reviewed the application and made a
recommendation to Council on said application:
1) RE-ZONING APPLICATION
2) ZONING AMENDMENT
3) PETITION FOR ANNEXATION
IV. OTHER APPLICATIONS, LICENSE & PERMITS-The Planning Commission shall review all
applications for the following permits and/or licenses before a permit or license can be
issued by the Town of Dauphin Island or before a recommendation can be made to the Board
of Adjustment and/or Town Council.
1) SIGN PERMIT
2) HOME OCCUPATION LICENSE
3) HOME OFFICE LICENSE
4) COASTAL USE PERMIT (Dune Protection Overlay District)
5) RESIDENTIAL RENTAL PERMIT- SHORT-TERM
6) RESIDENTIAL RENTAL PERMIT- LONG-TERM
SECTION 10.2 APPLICATION SUBMISSION DEADLINES

All applications requiring Planning Commission review must be submitted to the Town of Dauphin
Island’s Building Official’s Office no later than fourteen (14) days prior to the next regularly
scheduled Planning Commission meeting. All applications and plats for Major Subdivisions must
be submitted no later than thirty (30) days prior to the next regularly scheduled Planning
Commission meeting.
Planning Commission meetings are held on the second Tuesday of each month at Dauphin Island
Town Hall. See Appendix C for Planning Commission Application Submission Deadline Schedule.
SECTION 10.3 BUILDING PERMIT REQUIRED BEFORE CONSTRUCTION

When any type of new development is proposed by an individual, a building permit is required
before the placement, development or the erection of any type of temporary or permanent
structure can occur. It is unlawful to commence with the excavation, piling installation or the
construction of any building or other structure, including accessory structures, until the Building
Official has issued a building permit for such work. The signature of the Building Official certifies
the plans, specifications and intended use of such structure in all respects, conforms with the
provisions of this Ordinance. If any structure is erected without first acquiring a building permit,
the individual responsible for said un-permitted construction, will be required to remove said

structure and may be penalized and fined daily per the statutes of this Ordinance established by
the Town Council. See Appendix B.
The Building Official shall require that every application for a building permit for excavation,
construction, use of land, moving or alteration, or tree removal, be accompanied by a site plan
drawn to scale and showing sufficient detail to enable the Building Official to ascertain whether
the proposed excavation, construction, use of land, moving or alteration is in conformance with
this Ordinance. A list of required items to be shown on the site plan is listed in Section 10.9.2 of
this Article and Appendix A of this Ordinance.
When applicable, as listed in Section 10.1.A. of this Ordinance, the Planning Commission must
approve a site plan before the Building Official can issue a building permit for the proposed
development or before the application can move forward in the development process. The
applicant is required to attend a Pre-Application meeting with the Building Official and the
Application Review Committee (ARC) before an application is submitted. The Building Official and
ARC review the site plan for accuracy and compliance before the site plan is formally presented to
the Planning Commission at the regularly scheduled monthly meeting. The applicant must be
present at the Planning Commission meeting in order for the application to be reviewed and acted
on.
If the proposed excavation, construction, moving or alteration as set forth in the application is in
conformity with the provisions of this Ordinance and the Planning Commission approves the
application, the Building Official shall issue a building permit accordingly. If an application for a
building permit is not approved, the Building Official shall state in writing on the application the
cause for such disapproval.
Issuance of a building permit shall, in no case, be construed as waiving any provision of this
Ordinance. Application for the building permit shall be made to the Building Official on forms
provided for that purpose.
SECTION 10.4 APPLICATION & DEVELOPMENT REVIEW PROCESS

The applicant must apply for and obtain approval of such proposed development in accordance
with the following procedures:
1. Obtain Application Packet from Town Hall or Town website.
2. Pay application fees
3. Schedule and attend a required Pre-Application meeting with the Building Official and
Application Review Committee (ARC). Note: A site visit may be required.
4. Complete application packet and submit to Town Hall by cut-off date listed on the Planning
Commission Application Submission Schedule.
5. Appear at scheduled Planning Commission meeting to discuss application.
6. At meeting, PLANNING COMMISSION will act upon the application by either voting to
approve, approve with conditions, or deny the application; or,

7. If application requires a Special Exception or Variance, the Planning Commission will make
a recommendation to the Board of Adjustment (BOA) where a public hearing will be held
and the BOA will make a final decision on the application.
8. If the application requires a zoning amendment or an Ordinance change, the Planning
Commission will make a recommendation to Town Council for a final decision.
9. If application is approved or approved with documented conditions, a building permit may
be issued and applicant is authorized to begin construction process.
§ 10.4.1 TEN-STEP REVIEW PROCESS & FLOWCHART

STEP 1: Applicant requests a building permit or other application.
STEP 2: Applicant is given an Application Packet and determination is made if review by ARC is
required. See Use Categories listed in Section 4.7 of Article 4 of this Ordinance.
• APPLICATIONS REQUIRING MEETING WITH APPLICATION REVIEW COMMITTEE (ARC):

1) All applications for new construction or changes to existing structures for all Non-
Residential uses
2) All applications for new construction or changes to existing structures for all
Residential uses in the following zoning districts and overlay districts:
• Multi-Family Residential (R-3)
• Village (V)
• Dune Protection Overlay District (DPOD)
• Bienville South Overlay District (BSOD)
• Aloe Bay Overlay District (ABOD)
3) Subdivision-minor (moving lot lines-creating or combing lots)
4) Subdivision-major (creating new lots and new streets, drainage, etc.)
• APPLICATIONS THAT DO NOT REQUIRE MEETING WITH APPLICATION REVIEW

COMMITTEE (ARC):
1) Home Office (Clients do NOT come to home)
2) Accessory Buildings
3) Board of Adjustment Applications
4) Re-zone property or zoning amendment
5) Temporary Use permit
6) Sign Permit
IF MEETING IS REQUIRED:
• Schedule Pre-Application meeting with ARC
• Applicant or Authorized Representative for property owner must attend meeting
• ARC will explain development process to applicant
IF MEETING IS NOT REQUIRED:

• Applicant completes application
• Applicant pays fees
• Application is reviewed by Building Official or Planning Commission as appropriate

• Application is approved or denied by Building Official or Planning Commission as

appropriate
• If approved, Permit and/or license is issued by Building Official
STEP 3: Application Review Committee (ARC) meets with applicant at the Pre-Application meeting to
explain requirements of all documents in the application packet in order to have a completed
application that can be reviewed at the Planning Commission meeting.
STEP4: Applicant prepares plans and submits a COMPLETE APPLICATION PACKET to the town and
pays application fees
STEP 5: ARC is notified that the packet has been submitted
STEP 6: Building Official and ARC meet to review application packet.
IF ERRORS ARE FOUND OR INFORMATION IS MISSING:

• Building Official notifies applicant of any errors or missing information in application
packet in timely manner so applicant has sufficient time to make corrections due by the
next PLANNING COMMISSION meeting
• Applicant makes corrections and re-submits application and plans in enough time for the
Building Official and ARC to meet again and re-check everything
STEP 7: If application if found to be complete, Town adds application to Planning Commission agenda
for the next Planning Commission meeting, provided the complete application is submitted
prior to the Planning Commission meeting cut-off date.
STEP 8: Building Official and Review Committee write a Staff/Committee report for the Planning
Commission meeting
STEP 9: At the Planning Commission meeting, the Staff/Committee report is read to ensure Planning
Commission the applicant has met all the requirements of the Zoning Ordinance and any
other Town ordinance and/or plan.
STEP 10: Planning Commission votes on application at meeting.
IF APPROVED:
• Application can move forward in development process
• Building permit is issued
• Construction can begin
• [Site plan is valid for twelve (12) months from date of approval]
IF APPROVED WITH CONDITIONS:

• Application and plans are returned to applicant and corrections must be made within six
(6) months, otherwise the applicant must re-apply with a different site plan
• Applicant re-submits application and plans to Town
• Town notifies Planning Commission Chair that corrected application and plans have been
submitted
• Planning Commission Chair comes to Town Hall and verifies all conditions have been met
and satisfied, and Planning Commission Chair signs plans

• Building Official issues building permit to applicant

• Construction can begin
IF DENIED:
• Application will not move forward in the development process
• A building permit will not be issued
• Applicant is notified in writing as to why the application and plans were denied
• Applicant will not be permitted to re-submit application and plans for a minimum of 12
months UNLESS changes are made to the plans that bring the application into full
compliance with all zoning and other Town ordinances.
**NOTE: At any time during the Planning Commission meeting before the Planning Commission votes on
the application, the applicant has the option of requesting the application and plans be withdrawn from
the Planning Commission agenda to give the applicant a chance to make corrections and re-submit at a
later meeting.


SECTION 10.5 PRE-APPLICATION MEETING

When any type of new development is proposed within the corporate limits of the Town, the
applicant or authorized agent is encouraged and in some cases, required to consult early and
informally with the Building Official, the Application Review Committee (ARC), and any other Town,
County, or utility representative if necessary, in a pre-application meeting.
§ 10.5.1 PURPOSE OF PRE-APPLICATION MEETING

The purpose of the pre-application meeting is to enable the applicant to become familiar with
the zoning ordinance, be made aware additional POA regulations also exists, and any other
requirements which might affect the proposed development, and to also be advised of the
review procedures and timelines of the development process. The pre-application meeting is
an informative and educative meeting only and will not have deciding power or precedence
on any proposed development. In this way, the applicant can discuss the details of the
development and any discrepancies with the Ordinance before the applicant invests costly
resources in the project.
§ 10.5.2 REQUIRED ITEMS FOR PRE-APPLICATION MEETING

The applicant shall present a lot layout sketch plan, drawn approximately to scale. The
information
submitted shall include:
• The location of the proposed development in relation to the surrounding area;
• The location of the proposed development on the lot and other features of the lot such as
general square footage and dimensions;
• The zoning district and the proposed use of the new development;
• Existing features such as adjacent streets and lots, drainage facilities, waterways, wetlands
and other natural and built features;
• A general estimate of the number of trees and amount of vegetation on the lot;
• The general topography of the site.
Upon completing the pre-application meeting, the applicant will be better prepared to
proceed with the site plan for the formal submission and review process with the Planning
Commission. The application packet must be completed in its entirety and submitted within
the established timeline in order to be placed on the agenda of the Planning Commission.
SECTION 10.6 COMPLETE APPLICATION PACKET CONTENTS

Before the Planning Commission shall review a site plan, the applicant or authorized agent shall
provide a completed application packet which contains the following:
1. A completed application;
2. Completed Checklist from Appendix A of this Ordinance;
3. Receipt of the required application fee according to the current schedule
of fees established by the Town Council for the particular category of application;

4. Copy of deed to the subject property;

5. Completed Authorized Agent form, if applicant is not acting in own behalf;
6. Signed documentation verifying a Pre-Application and Sketch Plan meeting has occurred;
7. Completed signed form, allowing permission to enter on to private property, if needed;
8. Five (5) paper copies of the Plans sized 24” x 24”;
9. One (1) digital copy in PDF format of the Plan, and accompanying documents;
10. Verification that application was submitted to the Building Official at least fourteen (14)
days prior to the regularly scheduled meeting of the Planning Commission;
11. A copy of Land disturbance permit, Coastal Use permit, Tree Removal permit, if
applicable;
12. A copy of Sign permit, if applicable;
13. Erosion & Sediment Control Plan, if applicable;
14. Stormwater Management Plan, if applicable;
12. A copy of all other required federal and state permits, if applicable.

SECTION 10.7 APPLICATION REVIEW BOARDS
REVIW BODY
BUILDING PLANNING APPLICATION
BOARD OF TOWN
OFFICIAL COMMISSION REVIEW ADJUSTMENT COUNCIL
COMMITTEE
APPLICATION
SINGLE-FAMILY OR
TWO-FAMILIY HOME √ √ (Overlay √
Districts only)
MULTI-FAMILY STRUCTURE
√ √ √
NON-RESIDENTIAL
STRUCTURES √ √ √
BOAT DOCKS, PIERS,
BOATHOUSE √
SUBDIVISIONS
√ √ √
SUBDIVISION WAIVERS
√
ZONING AREA VARIANCE
√ √
ZONING SPECIAL EXCEPTION
USE √ √
ZONING APPEAL
√
SIGN PERMIT
√ √
COASTAL USE PERMIT
√ √ √
LAND DISTURBANCE PERMIT
(Overlay Districts only) √ √
HOME OCCUPATION
LICENSE √ √
HOME OFFICE LICENSE
√
SHORT/LONG-TERM RENTAL
PERMIT √ √ √
ZONING TEXT AMENDMENT
√ √
REZONING
(ZONING MAP AMENDMENT) √ √ √

SECTION 10.8 APPLICATIONS REQUIRING SITE PLAN REVIEW

Except as otherwise required in this Ordinance, a site plan shall be required for the following and
shall be reviewed by the Building Official and the Planning Commission to ensure full compliance
of the zoning ordinance:
1. Any construction project in any Overlay District including all new construction or changes
to existing residential structures in the Village zoning district and the following overlay
districts:
• Dune Protection Overlay District (DPOD)
• Bienville South Overlay District (BSOD)
• Aloe Bay Overlay District (ABOD)
2. New construction of all new non-residential structures in all zoning districts;
3. Change in building footprint of all existing non-residential structures in all zoning districts;
4. Change in use of existing non-residential structures;
5. Change in ownership of existing non-residential structures;
6. Any construction project that creates a PUBLIC street, park, square, open space, way,
building, structure, or utility (per Code of Alabama 11-52-11).
SECTION 10.9 REQUIRED SITE PLAN CONTENT & PURPOSE
§ 10.9.1 PURPOSE OF SITE PLAN REVIEW BY PLANNING COMMISSION

The purpose of the site plan review process is to provide the Planning Commission with the
proposed construction plans to ensure the plans are in compliance with the requirements of
the Zoning Ordinance. This will enable the Planning Commission to hear and consider input
from the applicant as well as other town officials and departments concerned so they can
acquire all relevant information needed in order to properly act on the proposed site plan.
The applicant or authorized agent must be present at the Planning Commission meeting that
the site plan is being presented at to address questions and concerns from the Planning
Commission. The Planning Commission will act on the application and site plan at the Planning
Commission meeting.
• If the Planning Commission approves the site plan, the Building Official can proceed
with the issuance of the building permit and construction can begin, or the application
can move forward in the development process.
• If a site plan is denied for any reason, the applicant shall not submit another site plan
for a period of twelve (12) months unless the applicant can demonstrate significant
changes have been made to the plan and it is compliant with the Zoning Ordinance.
• The approved Site Plan shall expire, and be of no effect, three hundred sixty-five (365)
days or twelve (12) months after the date of issuance thereof, unless within such time
the Building Official has issued a Building Permit or Certificate of Occupancy for any
proposed work authorized under an approved Site Plan.

§ 10.9.2 SITE PLAN CONTENTS

The following is a list of required items that must be clearly and accurately demonstrated on
the Site Plan. This list is also located in Appendix B of this Ordinance.
A Site Plan shall be prepared, signed and sealed by a certified professional architect,
landscape architect, surveyor or an engineer, currently licensed in the State of Alabama, and
shall be drawn to a scale of not smaller than 1 inch = 100 feet.
APPLICANT & GENERAL INFORMATION:

1. Name and address of land owner of record, applicant, or authorized representative (form
required for authorized agent);
2. Current Title Policy, Title Opinion, Title Report, (within 60 days) or deed to verify
ownership of land;
3. Name, address, phone number, seal, and registration number of the Licensed Professional
Surveyor or Engineer who prepared the plat, registered in the State of Alabama;
4. Name of proposed development, if applicable;
SURVEY DATA:
5. Certified boundary survey of entire property and indicating adjacent properties, showing
exact boundaries with total square footage of property, all existing parcels, indicating
preliminary distances and bearings, including all trees over 4” DBH;
6. Date of survey- must be within 5 years;
7. Existing and proposed lot lines showing total length in feet;
8. Parcel number(s) & Lot number (s);
9. Legal Description;
10. North Arrow (pointing north);
11. Graphic Scale (not less than 1”= 50’);
12. Legend;
13. Names and locations of all existing streets, rights-of-way, alleys, and easements within
and adjacent to proposed development, including dimension of each and the purpose of
the easements;
14. Vicinity map showing the relative location of the proposed development in relation to the
adjacent street(s) and area;
SITE DATA:
15. Required front, rear, side, and waterside (if applicable) yard setbacks, and building setback
lines per zoning district requirements;
16. Location of all existing and proposed buildings and/or structures, indicating building
height & orientation on site and proposed use of new building (number of dwelling units,
if applicable);
17. Location of trash receptacles and required screening, if applicable;
18. Details and location of any proposed fencing and/or retaining walls to be constructed;

19. Location and type of protection buffers between site and adjacent properties, if
applicable;
20. Indication of the proposed use of property and zoning classification;
21. Number of required parking spaces & location of parking lots (if applicable) and parking
spaces, including dimensions;
22. Location and dimensions of all ingress and egress access points to the site;
23. Location, dimensions, and type of all proposed signs on property, if applicable, including
total number of signs requested & location of any existing signs on property;
24. Indication of all lighting facilities on property and lighting details;
25. Minimum finished floor elevations of lot;
26. Location of off-street loading and unloading areas, if applicable;
INFRASTRUCTURE & UTILITY DATA:

27. Location of proposed public utility layouts (sanitary sewers, water, drainage structures,
gas, and electricity), including pipe sizes, and location of valves, indicating feasible tie-in
connection locations; showing facilities within and adjacent to the proposed
development; confirmation that all new utilities will be installed underground;
28. Storm water drainage and detention details;
29. Erosion and sedimentation measures implemented during and after construction, to
include protection measures to be installed around natural and/or man-made drainage
ways and adjacent properties;
ENVIRONMENTAL DATA:
30. Location and type of required landscaping, if applicable;
31. Topography using contours at vertical intervals of not more than two (2) feet based on
USGS-MSL datum;
32. Location and dimension of all water courses and/or water bodies on or within 100 feet
of property, showing the required twenty-five foot (25’), if applicable;
33. Location of wooded areas, marshes, cultural and/or any known or recorded historical
artifacts, and any other conditions affecting the site;
34. Location of all federally classified wetlands, as determined by U.S. Army Corps of
Engineers, indicating required twenty-five (25’) foot buffer;
35. Location of all wetlands, as determined and illustrated on the wetlands map by the
Sensitive Habitat Protection and Management Plan, indicating the required twenty-five
(25) foot buffer;
36. Indication of flood zone(s) property is located within, including location and extent of all
land subject to flooding by the overflow or ponding of storm water within the one
hundred (100) year floodplain. Special flood hazard areas and/or coastal high hazard
areas must be drawn on site plan as indicated on the latest Flood Insurance Rate Map
(FIRM) for the area, including a statement to that effect;
37. Tree inventory indicating all trees to be removed;
38. Tree protection methods used during construction;

SIGNATURE BLOCKS & GENERAL NOTES:

39. List of all utility providers to the site;
40. Signature block of all required signatures of approval from the following as to verify
availability and capacity of services to site:
• Property Owner (certification of ownership)
• Notary Public (certification of ownership and dedication)
• Town Building Official (to ensure building code and fire code has been met)
• Town Floodplain Administrator (to validate Flood Certificate and ensure all
requirements from Flood Prevention Ordinance No.55 have been met)
• Town Engineer (to ensure adequate drainage and erosion control engineering
standards and environmental requirements have been met, i.e. buffers, waterways,
wetlands)
• Applicant Engineer (certification of compliance with Town codes)
• Applicant Surveyor (certification of property description and dimensions)
• Representative for Town Public Utilities (to ensure Town has capacity to supply new
development with essential utilities: water, sewer, electric, telecommunications,
internet, etc.)
• Planning Commission Chair (to ensure all zoning and/or subdivision requirements
have been met, along with all other Town ordinances and/or plans, i.e. Tree
Ordinance)
• Fire Chief
41. Any other special survey notes about the property;
42. Copy of elevation certificate;
43. Attached copy of all required state and federal permits, if applicable.
SECTION 10.10 ACQUIRING A BUILDING PERMIT & OTHER PERMITS

It shall be unlawful to commence the excavation for or the construction of any building or other
structure, including accessory structures, or to store building materials or erect temporary field
offices, or to commence the moving, alteration, or repair of any structure, including accessory
structures, until the Building Official of the Town of Dauphin Island has issued for such work a
building permit including a statement that the plans, specifications and intended use of such
structure in all respects conforms with the provisions of this Ordinance. Application for the
building permit shall be made to the Building Official’s office on forms provided for that purpose.
Some applications may require the review and approval from the Town of Dauphin Island Planning
Commission and/or the Board of Adjustment before a building permit can be issued.
§ 10.10.1 REVIEW OF BUILDING PERMIT REQUESTS AND APPLICATIONS

It shall be unlawful for the Building Official to approve any plans or issue a building permit
for any excavation or construction until he/she has inspected such plans in detail and found
them in conformity with this Ordinance. To this end, the Building Official shall require that

every application for a building permit for excavation, construction, use of land, moving or
alteration be accompanied by a site plan or subdivision plat drawn to scale and showing
sufficient detail to enable the Building Official and other review boards, if applicable, to
ascertain whether the proposed excavation, construction, use of land, moving or alteration
is in conformance with this Ordinance:
• The actual shape, proportion and dimensions of the lot to be built upon;
• The shape, size and location of all buildings or other structures to be erected, altered
or moved and of any building or other structures already on the lot;
• The existing and intended use of all such buildings or other structures;
• The provisions for proper storm water drainage and retention;
• The setback and side lines of buildings on adjoining lots and such other information
concerning the lot or adjoining lots as may be essential for determining conformance
with the provisions of this Ordinance.
§ 10.10.2 APPROVAL OF BUILDING PERMIT APPLICATIONS

After proper review procedures have been satisfied, if the proposed excavation,
construction, moving, or alteration as set forth in the application is determined to be in
conformity with the provisions of this Ordinance and other applicable codes and
Ordinances, the Building Official of the Town shall issue a building permit accordingly.
§ 10.10.3 DENIAL OF BUILDING PERMIT APPLICATIONS

If an application for a building permit is not approved, the Building Official shall state in
writing on the application the cause for such disapproval. Issuance of a building permit
shall, in no case, be construed as waiving any provision of this Ordinance. If the applicant
disagrees with the denial of a building permit, they may, upon notification in writing by the
Building Official of a building permit denial, contact the Town Clerk and request a hearing
for an Administrative Appeal to be heard before the Board of Adjustment.
§ 10.10.4 EXPIRATION OF BUILDING PERMIT

A building permit shall expire within six (6) months from the date of issuance if no
construction work has been done above the foundation wall or other foundation support
structure(s). Permits shall be renewable for 90-day periods subject to the provisions of all
ordinances in force at the time of said renewal.
§ 10.10.5 STOP WORK ORDER

In the event that an individual is commencing work without a building permit or if the
applicant who has acquired a building permit is conducting work outside the parameters
in which the building permit was approved, the Building Official may issue a Stop Work
Order until the issue is addressed and rectified.
§ 10.10.6 EXPIRATION OF SITE PLAN

Due to regular updates and necessary amendments to the adopted Building Code and
Zoning Code, an approved Site Plan will expire and be of no effect, three hundred

sixty-five (365) days after the date of issuance thereof, unless within such time the
Building Official has issued a Building Permit or Certificate of Occupancy for any
proposed work authorized under an approved Site Plan. If the Site Plan expires, the
applicant must submit a new application to begin the review process.
§ 10.10.7 CERTIFICATE OF OCCUPANCY

No land or building or other structure or part thereof hereafter erected, moved or altered
in its use shall be used until the Building Official of the Town has issued a Certificate of
Occupancy (CO), stating that such land or structure or part thereof is found to be in
conformity with the provisions of this Ordinance.
Within three (3) days after the owner or his agent has notified the Building Official that a
building or premises or part thereof is ready for occupancy or use, it shall be the duty of
the Building Official to make a final inspection thereof, and to issue a Certificate of
Occupancy (CO) if the building or premises or part thereof is found to conform with the
provisions of this Ordinance.
If such certificate is refused, the Building Official shall notify the applicant in writing of the
refusal and the cause or causes therefore. The applicant, upon notification in writing by
the Building Official of a certificate of occupancy denial, may contact the Town Clerk and
request a hearing for an Administrative Appeal to be heard before the Board of
Adjustment.
SECTION 10.11 POWERS & DUTIES OF THE BUILIDNG OFFICIAL

The Building Official of the Town of Dauphin Island shall be designated by the Town Council and
shall be responsible for the responsibilities and duties as follows:
1. The Building Official is authorized and empowered on behalf and in the name of the Council
to administer and enforce the provisions of this Ordinance to include receiving
applications, issuing Building Permits, inspecting premises, and issuing Certificates of
Occupancy for uses and structures which are in conformance with the provisions of this
Ordinance.
2. Interpret the meaning of this Ordinance in the course of enforcement. In the event the
Building Official has to interpret any part of this Ordinance, he shall keep written record of
the interpretation for consistency in like matters.
3. The Building Official does not have the authority to take final action on applications or
matters involving variances, nonconforming uses or other exceptions which this Ordinance
has reserved for public hearings before the Board of Adjustment, the Planning Commission
and/or the Town Council.
4. The Building Official shall keep records of all and any permits, the Certificates of Occupancy
issued, maps, site plans, subdivision plats and other documents with notations of all special
conditions involved. He/she shall file and safely keep copies of all sketches and plans
submitted, and the same shall form a part of the records of the office and shall be made
as a public record.

SECTION 10.12 POWERS & DUTIES OF THE PLANNING COMMISSION

The Planning Commission bears the major responsibility of the preparation, adoption, and
maintenance of the Town’s Comprehensive Plan. They are the essential advisory body to the Town
Council in relation to development issues, and to the implementation of the Comprehensive Plan
through the administration of the zoning ordinance and subdivision regulations. The Commission
holds sole decision-making responsibilities for the subdivision of lands within the corporate limits
of the Town.
§ 10.12.1 PROCEDURES FOR THE TRANSACTION OF PLANNING COMMISSION BUSINESS

§ 10.12.1.1 RULES
“Robert’s Rules of Order” shall generally govern the order of business and conduct
of meetings of the Planning Commission or any committee of said commission.
§ 10.12.1.2 MEETINGS
1. Regularly Scheduled Monthly Meetings: The Planning Commission shall
hold at least one (1) regular scheduled meeting per month. The date, time,
and place of such meeting shall be determined by the Planning Commission.
The Chair of the Planning Commission may cancel or modify the meeting
date at their discretion.
2. Special Meetings: A Special meeting of the Planning Commission may be
called by the Chair of the Planning Commission upon the giving of a forty-
eight (48) hour notice to the membership.
§ 10.12.1.3 AGENDA
An agenda for each meeting shall be created by the Planning Commission Chair and
prepared by the Planning Commission Chair or Secretary for each meeting of the
Planning Commission.
§ 10.12.1.4 QUORUM
Unless otherwise provided by statute, an attendance of five (5) Planning
Commission members shall constitute a quorum for the conduct of business unless
the business requires an amendment to the Comprehensive Plan or Subdivision
Regulations or the business requires a vote for a subdivision. In this instance, an
attendance of six (6) affirmative votes of the Planning Commission is required.
§ 10.12.1.5 APPLICATIONS
Applications for development, amendments, and recommendations shall be filed
and handled in accordance with the provisions hereinafter detailed in this
Ordinance.
§ 10.12.1.6 STUDY (TABLING APPLICATIONS)
The Planning Commission may “table” or defer action on any application submitted
at a regularly scheduled meeting until the next regularly scheduled meeting so that
proper study of the application may be made by the membership; provided,
however, that the Planning Commission shall take action on the application
submitted within the time limitation as required by law and due process.
§ 10.12.1.7 SIGNATURES
The Chair, or in the event of his/her absence, the Vice-Chair and/or the Secretary

of the Planning Commission shall be the person(s) authorized to sign documents

testifying to action taken by the Planning Commission.
§ 10.12.2 MEMBERSHIP
The Planning Commission of the Town of Dauphin Island, Alabama is established according
to Title 11, Chapter 52 of the Code of Alabama (1975), as amended.
§ 10.12.2.1 MEMBERS
The Planning Commission shall consist of nine (9) members;
• The mayor, or a person representing and appointed by the mayor,
• One (1) Administrative Official (middle or upper-level manager) of the
municipality, appointed by the mayor,
• One (1) member of Town Council, appointed by the Town Council, and
• Six (6) citizens, appointed by the mayor.
§ 10.12.2.2 TERMS
The Mayor and Council member serve terms that correspond to the terms of the elected
office. The Administrative Official serves a term that coincides with that of the mayor. The
citizen appointees serve a term of six (6) years with no limitation upon reappointment.
§ 10.12.2.3 PLANNING COMMISSION OFFICERS
The Planning Commission shall elect on an annual basis, a Chair, a Vice-Chair, and a
Secretary to officiate and manage all planning commission meetings. The Planning
Commission shall nominate a member or members of the Commission to serve in the
following roles and the nominee shall be elected by majority vote of the full Commission.
The Officers will serve in their elected roles for a period of one (1) year. Officer elections
shall be held at the same time each year to appoint said officers.
§ 10.12.2.4 RULES OF PROCEDURE
The Planning Commission shall observe the following procedures:
1. The Commission is charged with the responsibility to review, apply and monitor the
enforcement of this Ordinance in accordance with the adopted comprehensive
plan or portion therefore which are adopted.
2. The Planning Commission shall hear and act on zoning applications and site plans
for certain uses listed as uses “by Right”, all uses listed as “uses requiring Planning
Commission Review” and/or “Special Exception” as herein specified.
3. The Commission shall hear and make recommendations to the Town Council on all
matters relating to zoning amendments and rezoning.
4. The Commission shall require and review site plans for all applications listed under
Section 10.8 of this Article.
5. The Commission shall hear and recommend to the Town Council on all matters of
annexation.
6. Create, administer, and enforce the Subdivision Regulations.

7. Create and routinely update the Comprehensive Plan and ensure development is
occurring based on the adopted Future Land Use map, as well as make
recommendations to Council based on the Goals and Recommendations of the
adopted Comprehensive Plan.
8. Read, review, and carefully consider development applications and all reports
prepared by staff, applicants, and others relating to issues coming before the
Commission to ensure compliance with the zoning ordinance.
SECTION 10.13 POWERS & DUTIES OF THE BOARD OF ADJUSTMENT

The Board of Adjustment (BOA), which is also referred to as the Board of Zoning Adjustment (BZA),
is generally described as the “relief valve” for the strict requirements of the zoning ordinance. This
appellate board holds the power to waive and/or modify the zoning regulations in situations where
the literal enforcement of the regulations would virtually render the property useless. The Board
is the mechanism that provides relief to the zoning regulations when, for no reasons of his/her
doing, and because of the unique conditions existing on the land, the property owner is not able
to meet the requirements of the zoning regulations.
§ 10.13.1 MEMBERSHIP
The Board of Adjustment consists of five (5) members and two (2) supernumerary members
appointed by the Town Council of Dauphin Island. Such members are appointed for three (3) years
and shall be eligible for re-appointment. While the supernumeraries hold the “extra” or “fill-in”
positions of the Board, they are encouraged to attend all BOA meeting in order to familiarize
themselves with the process and procedures of the BOA.
No members may hold any other public office or position, except that one member shall
be a member of the Planning Commission. This is highly encouraged due to the Planning
Commissioner’s knowledge and experience in working with the zoning ordinance.
§ 10.13.2 RULES OF PROCEDURE

The Board of Adjustment shall observe the following procedures:
1. The Board shall adopt rules in accordance with the provisions of this Ordinance for
the conduct of its affairs.
2. The Board shall elect one (1) of its members, other than a member of the Planning
Commission, as Chairman, who shall serve for one (1) year or until he is re-elected
or his successor is elected.
3. The Board shall appoint a Secretary.
4. The Board meets on an as needed basis. The meetings of the Board shall be held
at the call of the Chairman and at such other times as the Board may determine.
The Chairman, or in his absence, the acting Chairman, may administer oaths and
compel the attendance of witnesses by subpoena.
5. All meetings of the Board shall be open to the public.
6. All meetings of the Board require a public hearing.

7. The Board shall keep minutes of its proceedings, showing the vote of such 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
immediately filed in the office of the Clerk and shall be a public record.
§ 10.13.3 POWERS AND DUTIES OF THE BOARD OF ADJUSTMENT (BOA)
The Board's powers are related solely to the Town 's Zoning Ordinance and are narrowly
defined. Decisions by the BOA are final and require four (4) affirmative votes to pass, which
are recorded by role-call vote. Applicants can appeal the decision of the BOA to Circuit
Court within fifteen (15) days of the BOA action.
The Board of Adjustment shall hear and act upon the following three (3) instances which
pertain to ZONING-RELATED issues only.
The Board shall have the following duties and powers:
1. Administrative Appeal: To hear and decide appeals where it is alleged there is error
in any order, requirement, decision or determination made by Building Official,
Planning Commission, or any administrative official, in the enforcement of this
Zoning Ordinance. This application is only heard and acted upon by the Board of
Adjustment.
2. Special Exception Uses: To hear and decide uses listed in each zoning district as a
“Special Exception”. These types of uses need the additional review by the Board
due to the specific nature of the use and the problems or issues it could potentially
create. The Board may require additional or modified standards if approved in
efforts to not disrupt the surrounding area.
3. Variances: A variance is a means for property owners to use their property in a
manner that would not normally be allowed under the terms of the zoning
ordinance. Its purpose is to give relief to those owners who, due to unique
conditions occurring on the property that are not created by the property owner,
would face an unnecessary hardship in using the property in full compliance with
the Ordinance. The land owner must prove that using the property in full
compliance with the Zoning Ordinance would create an unnecessary hardship
beyond their control. If granted, the variance is tied to the land in perpetuity.
There are two types of variances.
• An area variance provides relief from the strict application of the dimensional
requirements of the zoning ordinance. These requirements relate to setbacks
from property lines, site coverage and floor area ratios, minimum lot sizes,
height of buildings, location of accessory structures, and parking standards.
Thus, an area variance modifies the site development standards in the
Ordinance.
• A use variance allows property to be used for a use or activity that otherwise
would not be permitted in a specific zoning district. It is, therefore, much
broader in scope and impact than a dimensional (area) variance. It is also

potentially more damaging to the integrity of the Ordinance because this action
has the same effect as the re-zoning of property. For the purpose of this
Ordinance, a use variance is not allowed and shall not be granted by the Board
of Adjustment. Rather, the proper action to take in this instance is for the land
owner to file an application for the rezoning of their property.
** Proving a Hardship: By its nature, a zoning ordinance places a hardship on many property
owners because it places restrictions on the use of property. To qualify for a variance, any such
hardship must be proved to be unnecessary, virtually unique. Such variance may be granted in
such individual case of unnecessary hardship upon a finding by the Board of Adjustment that:
• There are extraordinary and exceptional conditions pertaining to the particular piece of
property in question because of its size, shape or topography;
• The application of the Ordinance to this particular piece of property would create an
unnecessary hardship;
• Such conditions are peculiar to the particular piece of property involved;
• Relief, if granted, would not cause substantial detriment to the public good or impair the
purpose and intent of this Ordinance; provided, however, that no variance may be granted
for a use of land or building or structure that is prohibited by this Ordinance; and,
• The hardship cannot be granted based upon monetary reasons the property owner would
incur if not permitted to use the property in the way so desired.
§ 10.13.3.1 Procedure for Requesting an Administrative Appeal Hearing to BOA

An Administrative Appeal is filed when an applicant alleges that the Building Official,
Planning Commission, or any administrative official, has made an error in any
determination or decision made with respect to the Zoning Ordinance. An Administrative
Appeal does not require the review of the Planning Commission. These applications are
only heard and acted upon by the Board of Adjustment through the following process.
1. An application specifying the reason(s) for an appeal from a decision rendered in
writing by the Building Official must be filed within thirty (30) days after such
written decision has been served upon the applicant.
2. Service by first class mail to the address given on the application shall be deemed
sufficient. Applicants shall be advised of this appeal deadline in the written
decisions upon their applications.
3. An application shall be accompanied by an acceptable site plan with such
reasonable information shown thereon as may be required by the Zoning
Enforcement Officer. Such site plan shall include, as a minimum, the following: lot
dimensions with property line monuments located thereon; locations and size of
existing and proposed structures; yard dimensions and the use of structures;
easements (private and public) water course, and if existing and proposed, fence,
street names and street right-of-way lines; and such other information regarding
abutting property as directly affects the application.

4. The Board of Adjustment shall schedule a meeting to hear an appeal within forty-
five (45) days after the date of receipt of an application. Public notice of the hearing
shall be given by all of the following methods:
a. A printed notice in one or more newspapers of general circulation in the area
affected by the appeal, in conformance with applicable state law and at least
fifteen (15) days prior to the date of the hearing; if no such publication exists
within the corporate limits, the notice must be posted in three (3) public places.
b. Notice by registered mail to the applicant filing the appeal of notification of
time, date, and place of public hearing.
5. The Board of Adjustment shall render a decision on any appeal or other matters
before it within forty-five (45) days from the date of the public hearing on it.
Decisions of the Board of Adjustment are final and shall become effective
immediately if rendered in the presence of one (1) or more of the applicants or
their representatives. If a decision is rendered in the absence of any of the
applicants or their representatives, the decision shall become effective upon
service of written notice of the decision upon the applicants by first class mail to
the applicants addresses as indicated upon their application. The applicants shall
be deemed to have been served three (3) days after mailing of the notice to them.
When an applicant receives an adverse decision from the Board of Adjustment, he
or she shall be advised of the fifteen (15) day time limit for taking an appeal to
Circuit Court.
6. An appeal stays all legal proceedings in furtherance of the action appealed from,
unless the Zoning Enforcement Officer certifies to the Board of Adjustment after
the notice of appeal shall have been filed with him that, by reason of facts stated
in the certificate a stay would, in his opinion, cause imminent peril to life and
property. In such case, proceedings shall not be stayed otherwise than by a
restraining order which may be granted by said Board or by a court of record on
notice to the official from whom the appeal is taken and on due cause shown.
7. In exercising the powers granted to the Board of Adjustment said Board may, in
conformity with the provisions of this Ordinance, reverse or affirm, wholly or in
part, or may modify the order, requirements, decisions or determination of the
Zoning Enforcement Officer and may issue or direct the issuance of a zoning
compliance permit. A concurring vote of four (4) members of the Board shall be
necessary to reverse any order, requirement, decision or determination of the
Building Inspector or to decide in favor of the appellant in respect to any matter
upon which the Board can legally act.
§ 10.13.3.2 Procedure for Requesting a Special Exception Use from the BOA
Any “use” listed in the Ordinance as a “Special Exception” is subject to review and approval by
the Board of Adjustment. This application requires a two-part process; first the application is
reviewed by the BOA at a public hearing to determine if the “use” is appropriate for the
location and area. If the “use” is approved by the Board, the application moves on to the
Planning Commission (if the application requires Planning Commission review, see Section

10.8) who is responsible for the review of the site plan to ensure it is compliant with the zoning
ordinance requirements. Applications requesting a Special Exception shall be treated in
accordance with the following procedure:
1. An application must be submitted on appropriate forms and in writing at least fourteen
(14) days prior to the regular monthly meeting of the Board of Adjustment and must be
accompanied by a sketch plan (see definition) drawn to scale of the proposed
development.
2. The BOA gives notice and sets a public hearing on the application at their regularly
scheduled monthly meeting.
3. Following the public hearing, the BOA takes action on the application by either approving,
approving with conditions, or denying the applications.
4. All decisions made by the BOA require four (4) affirmative votes made by roll-call vote to
pass.
5. All decisions made by the BOA are final and can only be appealed to circuit court.
6. If the Special Exception use is approved by the BOA, the application must be submitted on
appropriate forms and in writing at least fourteen (14) days prior to the regular monthly
meeting of the Planning Commission and must be accompanied by a site plan (see
definition) drawn to scale of the proposed development.
7. The application shall be sent to the Planning Commission for review and approval of the
site plan at a regularly scheduled Commission meeting to ensure compliance with the
Zoning Ordinance requirements.
8. If the site plan is approved by the Planning Commission, the applicant can move forward
in the building development process.
§ 10.13.3.3 Procedure for Requesting an Area Variance from the BOA

Any request for an area variance is subject to review and approval by the Board of Adjustment.
This application requires a two-part process; first the application is reviewed by the BOA at a
public hearing to determine if the area variance requested meets the required standards for
approval. If the application is approved by the Board, it moves on to the Planning Commission
(if the application requires Planning Commission review, see Section 10.8 of this Article) who
will be responsible for the review of the site plan to ensure it is compliant with the zoning
ordinance requirements. Applications requesting an Area Variance shall be treated in
accordance with the following procedure:
1. An application must be submitted on appropriate forms and in writing at least fourteen
(14) days prior to the regular monthly meeting of the Board of Adjustment and must be
accompanied by a sketch plan (see definition) drawn to scale indicating the area variance
needed.
2. The BOA gives notice and sets a public hearing on the application at their regularly
scheduled monthly meeting.
3. Following the public hearing, the BOA takes action on the application by either approving,
approving with conditions, or denying the applications.
4. All decisions made by the BOA require four (4) affirmative votes made by roll-call vote to
pass.

5. All decisions made by the BOA are final but can be appealed to circuit court of Mobile
County within fifteen (15) days of the BOA’s final ruling.
6. If the variance is approved, the application can move forward in the process to be reviewed
at the next regularly scheduled planning commission meeting where the Planning
Commission will review the site plan (see definition) drawn to scale to ensure compliance
with said variance as well as the requirements of the Zoning Ordinance.
7. The Planning Commission will take action on the application by either approving, approving
with conditions, or denying the application.
8. Once approved, the application can move forward in the development process.
§ 10.13.4 LIMITATION, WITHDRAWAL, CITIZEN APPEALS

1. A property owner, or his appointed agent, shall not initiate action for a hearing before the
Board of Adjustment relating to the same parcel of land more often than once every twelve
(12) months on the same variance.
2. Any petition for a hearing before the Board may be withdrawn prior to action thereon by
the Board at the discretion of the person initiating such a request upon written notice to
the Secretary of the Board.
3. Any person or persons severally or jointly aggrieved by any decision of the Board of
Adjustment may, within fifteen (15) days thereafter appeal to the circuit court by filing with
such board a written notice of appeal specifying the judgment or decision from which
appeal is taken.
SECTION 10.14 ZONING AMENDMENTS, HEARINGS, & APPEALS

The Town Council may, from time to time, after examination, review and hold public hearing thereon,
amend, supplement or change the regulations and zoning Districts herein or subsequently established.
§ 10.14.1 RE-ZONINGS(MAP AMENDMENTS) & ZONING AMENDMENTS(TEXT AMENDMENTS)
Proposals for re-zonings, or zoning amendments, whether initiated by the Town Council, the
Planning Commission, or any person, firm or corporation, shall be treated in accordance with
the following procedure:
1. If the Planning Commission does not choose to dispense with a separate public hearing,
the applicant shall first appear before the Planning Commission at a public hearing.
2. An application must be submitted on appropriate forms and in writing at least fifteen (15)
days prior to the regular monthly meeting of the Planning Commission and, if applicable,
must be accompanied by a site plan of the proposed use included in any petition for a
zoning amendment.
3. The application shall be sent to the Commission for review and recommendation.
4. The proposed ordinance and/or amendment shall be posted in at least three (3)
conspicuous places withing the municipality, as required per Code of Alabama 11-52-77,
at least fifteen (15) days prior to the said public hearing.
5. Notice by Certified mail shall be sent to the owner within three hundred (300) feet of the
affected property.
6. The Town shall post notice of the property proposed to be rezoned with a notice at least
fifteen (15) days before the public hearing. The posted notice shall set forth the property’s

present zoning, proposed zoning, the date, time and place of the public hearing. Such
notice is to remain in place until final determination by the Town Council.
7. Following the public hearing, the Commission adopts by resolution, their recommendation
regarding the rezoning to Town Council. The Commission shall have forty-five (45) days
within which to submit a recommendation to the Town Council. If the Commission fails to
submit a report within the forty-five (45) day period, it shall be deemed to have approved
the proposed amendment.
8. Town Council shall hold a public hearing at the earliest possible time to consider the
proposed zoning amendment, and shall take action on said proposed zoning amendment
within forty-five (45) days from the date of the Town’s public hearing.
9. Any petition for a zoning amendment may be withdrawn prior to action thereon by the
Council or Planning Commission at the discretion of the person, firm or corporation
initiating such a request upon written notice to the Town Clerk.
10. A property owner, or his appointed agent, shall not initiate action for a zoning amendment
affecting the same parcel of land more than once every twelve (12) months.
SECTION 10.15 ANNEXATION PROCESS & ZONING CLASSIFICATION

Applications for annexation shall be heard and reviewed by the Planning Commission. The Planning
Commission will review the Future Land Use map of the Comprehensive Plan and make a
recommendation to Council of their findings. The Planning Commission will also recommend to
Council what they determine the most appropriate zoning classification should be unless the
property owner requests the property to be zoned a specific classification at time of annexation.
Otherwise, any land annexed to the Town of Dauphin Island, hereafter by default, shall be zoned
R-1 (Single-family Residential), unless otherwise classified by the Planning Commission and the
Town Council at the time of annexation, or if the applicant requests a different zoning classification
at time of annexation.
SECTION 10.16 REVERSIONARY CLAUSE

Any parcel or parcels of land rezoned to another zoning classification under the amendment
authority of this Ordinance, shall revert back to the prior zoning classification after one (1) year
from the date of approval of the rezoning if, by that time, said land is not actually being used for
a permitted use in the classification to which it was rezoned, provided that an extension of such
time not to exceed six (6) months, may be granted by the Building Official under special
circumstances upon written request by the applicant.

APPENDIX A
APPLICATIONS & CHECK LISTS
A-1
APPLICATION FOR APPEAL
BOARD OF ADJUSTMENT
DAUPHIN ISLAND, ALABAMA
(PAGE 1)
Application No. ____________________
Name of Applicant ______________________________________________________________
Mailing Address ________________________________________________________________
Phone Number ___________________________ home ____________________________ work
The undersigned requests review of the decision by the zoning inspector of Application No.
_____________, denied on _________________, __________. It is the applicant’s contention that the
following error was made in determination of the zoning inspector:
______________________________
Appellant
Date Filed _____________________________________________________________________
Date of Notice to Parties in Interest _________________________________________________
Date of Posting Notice ___________________________________________________________
Date of Public Hearing ___________________________________________________________
Fee Paid ______________________________________________________________________
Decision of Board of Adjustments: Approved _________________ Denied _________________
If approved, the following conditions and safeguards were prescribed:
A-2
1. _______________________________________________________________
2. _______________________________________________________________
3. _______________________________________________________________
4. _______________________________________________________________
5. _______________________________________________________________
6. _______________________________________________________________
A-3
APPLICATION FOR APPEAL
BOARD OF ADJUSTMENT
(PAGE 2)
If denied, reason for denial _________________________________________________
_____________________ ____________________________________
Date Board of Zoning Adjustment Chairman
Note: One (1) copy to be filed with Zoning Inspector and two (2) with the Board of Adjustment.
A-4
APPLICATION FOR SPECIAL EXCEPTION
BOARD OF ADJUSTMENT
_________________
Application No. _________________
Mailing Address ________________________________________________________________
Phone Number __________________________ home ____________________________ work
1. Locational Description: Subdivision Name __________________________
Section _______________ Township ________________ Range _____________
Other Designation _______________________ Block ____________ Lot ______
(If not in a platted subdivision attach a legal description)
2. Nature of Special Exception: Describe generally the nature of the Special
Exception: ____________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
In addition, plans in triplicate and drawn to scale must accompany the application showing dimensions
and shape of the lot, the size and locations of existing buildings, the locations and dimensions of
proposed buildings or alterations, and any natural or topographic peculiarities of the lot in question.
A-5
3. Reason (s) for Request: ____________________________________________________
_____________________________________________________________________________
I certify that the information contained in the application and its supplements is true and correct.
________________________ ____________________________________
Date Applicant
A-6
A-7
APPLICATION FOR VARIANCE
BOARD OF ADJUSTMENT
Application No. ____________________
Mailing Address ________________________________________________________________
Phone Number __________________________ Home ____________________________ Work
1. Locational Description: Subdivision Name ________________________________
Section _______________ Township __________________ Range _________________
Other Designation __________________________ Block _____________ Lot ________
2. Nature of Variance: Describe generally the nature of the variance: __________________
________________________________________________________________________
________________________________________________________________________
In addition, plans in triplicate and drawn to scale must accompany this application showing dimensions
and shape of the lot, the size and locations of existing buildings, the locations and dimensions of
proposed buildings or alterations, and any natural or topographic peculiarities of the lot in question.
3. Justification of Variance: In order for a variance to be granted, the applicant must prove to the
Board of Adjustment that the following items are true: (Please attach these comments on a separate
sheet).
a. Special conditions exist peculiar to the land or building in question
A-8
b. That a literal interpretation of the Ordinance would deprive the applicant of rights
enjoyed by other property owners.
c. That the special conditions do not result from previous actions of the applicant.
d. That the requested variance is the minimum variance that will allow a reasonable use of
the land or buildings.
______________________ ____________________________________
Date Applicant
A-9
A-10
NOTICE OF PUBLIC HEARING
BOARD OF ADJUSTMENT
______________
The Dauphin Island Board of Adjustment will hold a public hearing on an application for an (Appeal,
Special Exception, Variance) on the ________ day of __________________________,
__________ at _________________________________________________________________
______________________________________________________________________________
The application, applied for by: ____________________________________________________
Requests that: __________________________________________________________________
______________________________________________________________________________
be granted for the following legally described land located in the _________________________ District.
Legal Description: ______________________________________________________________
______________________________________________________________________________
A-11
________________________________________ Board of Adjustment
__________________________________ Chairman
---------------------------------------------------------------------------------------------------------------------
Post the above Notice on the following dates and places: _______________________________
_______________________________
_______________________________
_______________________________
A-12
A-13
NOTICE OF PUBLIC HEARING TO PROPERTY OWNER
BOARD OF ADJUSTMENT
___________________
To: ___________________________ Date: ___________________
___________________________
___________________________
Dear: ___________________________
This is to inform you that the Dauphin Island Board of Adjustment will hold a public hearing on an
application for a (n) (Appeal, Special Exception, Variance) on the ________________ day of
___________________, ____________, at 6:00 P.M. at ________________________________
The application, applied for by: ____________________________________________________
Requests that: __________________________________________________________________
______________________________________________________________________________
be granted for the property located at _______________________________________________
A-14
_____________________________________________________________________________.
_________________________________________
Board of Adjustment
_________________________________________
Chairman
A-15
A-16
APPLICATION FOR ZONING AMENDMENT
(PAGE 1)
Application No. _______________
The undersigned, owner(s) of the following legally described property hereby request the consideration
of change in zoning District classification as specified below:
1. Name of Applicant: _________________________________________________
2. Mailing Address: ___________________________________________________
Phone Number: Home ____________________ Work ____________________
3. Locational Description: Subdivision Name __________________________
Section: _____________ Township: _________________ Range: _________
Block: ______________________________ Lot: _________________________
(If not located in platted subdivision attach legal description)
4. Existing Use: ______________________________________________________
5. Present Zoning District: _____________________________________________
6. Proposed Use: _____________________________________________________
7. Proposed Zoning District: ____________________________________________
8. Supporting Information: Attach the following items to the application:
a. A vicinity map showing property lines, streets, and existing and proposed
zoning.
b. A list of all property owners within 300 feet from the proposed rezoning.
A-17
c. A statement of how the proposed rezoning related to the Comprehensive
Zoning Ordinance.
_____________________ ______________________________
Date Applicant
For Official Use Only
Date Filed: _____________________________________________________________

Date of Posting Notice: ___________________________________________________
Date of Notice to Property Owner(s): ________________________________________
A-18
APPLICATION FOR ZONING AMENDMENT
(PAGE 2)
Date of Public Hearing: __________________________________________________________
Fee Paid $: ____________________________________________________________________
Recommendation of Planning (Zoning) Commission: Approval __________ Denial __________
Reason for Recommendation: _____________________________________________________
____________________________________
Planning (Zoning) Commission
Date: ___________________ Chairman: ___________________________
---------------------------------------------------------------------------------------------------------------------
For Official Use Only
Date of Recommendation Received: ________________________________________________
Date of Notice in Newspaper: _____________________________________________________
Date of Public Hearing: __________________________________________________________
Action by Town Council Approval: ________________________________________________
A-19
If Denied, reason for denial: ______________________________________________________
______________________________________________________________________________
Date: ____________________ __________________________________________

Clerk
Note: Three Copies of this form and supporting information must be filed with the Town of Dauphin
Island Planning (Zoning) Commission.
A-20
NOTICE OF PUBLIC HEARING TO PROPERTY OWNER
PLANNING (ZONING) COMMISSION
________________
To: ____________________________ Date: _________________________
____________________________
____________________________
Dear: ____________________________
This is to inform you that the Dauphin Island (Zoning) Planning Commission will hold a public hearing on
a proposed amendment to the Dauphin Island Zoning Ordinance on the ____________ day of
________________, 2001, at 6:00 P.M. at 1011 Bienville Blvd, Dauphin Island, Alabama.
The proposed amendment, applied for by: ___________________________________________
Proposed to change the property located at: __________________________________________
From the ________________________ District to the ___________________________ District.
At the conclusion of this hearing a recommendation will be referred to the Town Council of Dauphin
Island, Alabama for further consideration.
__________________________________________
Chairman
A-21
A-22
NOTICE OF PUBLIC HEARING
TOWN COUNCIL
__________________
The Town Council of the Town of Dauphin Island, Alabama will hold a public hearing on a proposed
amendment to the Town of Dauphin Island Zoning Ordinance on the ___________ day of
_____________________, 2001, 6:00 P.M. at 1011 Bienville Blvd, Dauphin Island, Alabama.
The proposed amendment, applied for by: ___________________________________________
Proposes to change the following legally described land from the: ________________________
District to the ________________________ District.
Legal Description:
____________________________________
Mayor
______________________________
Town Clerk
---------------------------------------------------------------------------------------------------------------------
Posted the above Notice on the following dates and places: ______________________________
A-23
______________________________
______________________________
______________________________
A-24
A-25
APPLICATION FOR REVIEW
Application No. _________________
Name of Applicant: _____________________________________________________________
Mailing Address: _______________________________________________________________
Phone Number: Home __________________________ Work ___________________________
1. Locational Description: Subdivision Name: ____________________
Section: ________________ Township: ______________ Range: ____________
Other Designation: ________________ Block: ______________ Lot: _________

2. Nature of Review: Describe generally the nature of the Review:
__________________________________________________________________
__________________________________________________________________
In addition, a site plan in triplicate must accompany the application showing as

appropriate, the location, transportation access, water supply, waste disposal, fire and
police protection and other public facilities.
3. Date of Review by the Planning Commission: ____________________________
4. Action by the Commission: ___________________________________________
__________________________________________________________________
A-26
5. If denied, reason(s) for denial: _________________________________________
__________________________________________________________________
_____________________ ____________________________________
Date Applicant
A-27
APPENDIX B
SCHEDULE OF FEES
B-1
In order to defray the Town's costs in the course of site plan review and costs of revisions to maps
and regulations, there shall be paid to the Town upon submission of application, the following
fees:
Planning Commission Fees:
1. Site plan review-no engineering review $100

2. Site plan review with engineering fees $250
3. Rezoning $200 + advertising/public hearing fees
4. Annexation $100
Board of Adjustment Fees:

Fees for appeals, special exceptions, and variance to the Board of Adjustment are established as
follows:
1. Variance $50
2. Appeal $50
3. Special Exception $50
4. Mailing and advertising fees – current rate
Other Fees:
• Sketch Plan Review (applicable to all applications)…………………………no cost
• Advertising Fees
All costs for legal advertisement of the request and postage for certified letters of
notification to adjacent property owners and parties in interest shall be paid by the
applicant at the current rates set by the publishing agency and the United States Postal
Service.
• Amendment Fees
Each Zoning Amendment or Amendment to Site Plan……………………$50.00 per Amendment
• Permit Fees
Sign Permit
Land Disturbance Permit
Tree Removal Permit
Coastal Use Permit
Home Occupation and/or Home Office Permit
Short-Term and/or Long-Term Vacation Rental Permit
• Sign Fees
Sign Application fee…………………$1.00 per Sq. Ft. ……………………. Min: $25.00, Max $256.00
Sandwich Sign ………………………………………………………………………….………………………………$25.00
B-2
Off-Premise Sign ……………..………………………….………………………………………………..$100.00 / year
B-3
APPENDIX C
OFFICIAL FORMS
C-1
fees:

4. Annexation $100

follows:
1. Variance $50
2. Appeal $50
Other Fees:
Service.
• Amendment Fees
• Permit Fees
Sign Permit
Land Disturbance Permit…………………………………………………………....$
Tree Removal Permit
Coastal Use Permit
C-2
APPENDIX D
TOWN OF DAUPHIN ISLAND PLANNING COMMISSION
BY-LAWS
D-1
fees:

4. Annexation $100

follows:
1. Variance $50
2. Appeal $50
Other Fees:
Service.
• Amendment Fees
• Permit Fees
Sign Permit
Land Disturbance Permit…………………………………………………………....$
Tree Removal Permit
Coastal Use Permit
D-2

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What is the purpose of this zoning ordinance?

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ZONING

Town of Dauphin Island, Alabama

Town of Dauphin Island

1 TITLE, PURPOSE, LEGAL STATUS………………………………………………………1-1

5 LOT & YARD REQUIREMENTS………………………………………………….……….5-1

6 PARKING, LIGHTING & LANDSCAPING………………………………...…………. 6-1

7 BUILDING REQUIREMENTS & DESIGN GUIDELINES………………………….7-1

8 SUPPLEMENTAL REGULATIONS & SPECIAL PROVISIONS………………….8-1

10 DEVELOPMENT PROCESSS & REVIEW BOARDS……………………………...10-1

11 VIOLATIONS, PENALTIES & REMEDIES………………………………………..….11-1

12 ADOPTION & EFFECTIVE DATE……………………………………………….……..12-1

APPENDIX A APPLICATIONS & CHECK LISTS………………………………………………..A-1

APPENDIX B SCHEDULE OF FEES………………………………………………………………..B-1

APPENDIX C OFFICIAL FORMS……………………………………………………………………C-1

APPENDIX D PLANNING COMMISSION BYLAWS…………………..……………………D-1

AN ORDINANCE ESTABLISHING ZONING REGULATIONS FOR THE TOWN OF DAUPHIN ISLAND,

§ 1.1 AUTHORITY & ENACTMENT

SECTION 1.1 AUTHORITY & ENACTMENT

SECTION 1.2 SHORT TITLE & JURISDICTION

SECTION 1.3 PURPOSE & INTENT

TOWN OF DAUPHIN ISLAND ZONING ORDINANCE 1-1

1-2 TOWN OF DAUPHIN ISLAND ZONING ORDINANCE

SECTION 1.4 SEVERABILITY & VALIDITY

SECTION 1.5 INTERPRETATION & LEGAL STATUS

SECTION 1.6 RELATIONSHIP TO OTHER LAWS

SECTION 1.7 OFFICIAL PLANS & MAPS

TOWN OF DAUPHIN ISLAND ZONING ORDINANCE 1-3

SECTION 1.8 CONTENTS OF ORDINANCE

1-4 TOWN OF DAUPHIN ISLAND ZONING ORDINANCE

the adverse impacts of development in environmentally sensitive areas. These standards

SECTION 1.9 EFFECTIVE DATE

TOWN OF DAUPHIN ISLAND ZONING ORDINANCE 1-5

THIS PAGE INTENTIALLY LEFT BLANK

1-6 TOWN OF DAUPHIN ISLAND ZONING ORDINANCE

§ 2.1 WORD INTERPRETATION

SECTION 2.1 WORD INTERPRETATION

• The word “person” includes a firm, corporation, association, organization, trust or

SECTION 2.2 WORDS AND TERMS DEFINED

Abutting/Contiguous Property. Any property that is immediately adjacent to, touching, or

Accessory Building and/or Structure, Attached. A building and/or structure attached t o a

TOWN OF DAUPHIN ISLAND ZONING ORDINANCE 2-1

2-2 TOWN OF DAUPHIN ISLAND ZONING ORDINANCE

considered “new construction.”

ADEM. The Alabama Department of Environmental Management.

Administrative Appeal. A means of obtaining a review by the Board of Adjustment when an

Administrative Official. A designated government official identified as a specific official, such as

Administrative Subdivision. See Exempt Subdivision.

Air B&B. See Short Term Rental.

TOWN OF DAUPHIN ISLAND ZONING ORDINANCE 2-3

Amendment. See Zoning Amendment.

Appeal. See Administrative Appeal.

Applicant. The owner of land, or the authorized representative of the landowner,

Aquaculture and/or Mariculture. The propagation, rearing and harvesting of aquatic

2-4 TOWN OF DAUPHIN ISLAND ZONING ORDINANCE

Aquifer. A geologic formation, group of formations or part of a formation capable of