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Dothan, AL Accessory Structures: ADU Rental Restrictions (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Who may occupy it
Owner, operator or manager only
Rental restriction
No short or long-term rental to non-employees
Maximum size
800 square feet
One-story setback
10 feet from property lines and buildings
Applies to
Apartment complexes, manufactured home parks, nonresidential sites

Summary

In the City of Dothan, an accessory apartment built on a non-residential development, apartment complex or manufactured home park site under City Code § 114-183(c)(2) exists only to house an on-site owner, operator or manager, and it cannot be rented commercially, short-term or long-term, to anyone who is not employed by the property's owner or lessee.

(2)Accessory apartments.a.Purpose. The purpose of this section is to provide for housing units to allow for an owner, operator or manager to reside on the premises of non-residential developments, apartment complexes and/or manufactured home parks.b.Standards. Accessory apartments may be allowed provided that all of the following requirements shall be met:1.Any accessory apartment must be located on the same lot, tract and/or development parcel as the primary building or contained wholly within the primary building and must be clearly subordinate, incidental and in connection with the primary building and/or land use. ... 5.The accessory apartment shall not be available for commercial short-term or long-term rental to any person who is not employed by the owner and/or lessee of the property.

Full Breakdown

Section 114-183(c)(2) of the Dothan zoning code creates a distinct, narrower accessory apartment allowance for nonresidential settings: apartment complexes, manufactured home parks and other non-residential developments. The stated purpose is to let an owner, operator or manager live on-site, not to create an extra rental unit for outside tenants. Under § 114-183(c)(2)b.5, the accessory apartment shall not be available for commercial short-term or long-term rental to any person who is not employed by the owner and/or lessee of the property, closing off Airbnb-style or standard leasing use of the unit to the general public.

The apartment must sit on the same lot, tract or development parcel as the primary building, or be contained wholly within it, and stay clearly subordinate to the primary use; only one is allowed per lot, and it cannot exceed 800 square feet. A one-story accessory apartment must be set back at least ten feet from any property line and ten feet from any existing building, and one on-site parking space is required. A manufactured home cannot be used as the accessory apartment, and recreational vehicles and travel trailers are barred from that use except as temporary emergency quarters.

As with the single-family version of this rule, the code allows no variations, adjustments or waivers to accommodate an accessory apartment, so the employment-based occupancy restriction cannot be relaxed by variance.

Violations & Fines

Leasing a nonresidential accessory apartment to a tenant who is not an employee of the property owner or lessee violates § 114-183(c)(2)b.5, alongside the size, setback and parking standards in the same subsection. Violations are prosecuted under the Code of Dothan's general penalty at section 1-4: a fine of $1.00 to $500.00, up to six months in jail, or both, with each day of a continuing violation counted separately.

Frequently Asked Questions

Can I rent out an accessory apartment at my Dothan apartment complex to the public?
No. City Code § 114-183(c)(2)b.5 states the accessory apartment shall not be available for commercial short-term or long-term rental to any person who is not employed by the owner or lessee of the property, so it can only house on-site staff.
What is a nonresidential accessory apartment for in Dothan?
Section 114-183(c)(2)a says its purpose is to provide housing so an owner, operator or manager can live on the premises of a non-residential development, apartment complex or manufactured home park, not to add a rentable unit.
How big can this accessory apartment be?
It cannot exceed 800 square feet, only one is allowed per lot, and a one-story unit must sit at least ten feet from every property line and any existing building.
Can the city grant a variance to let me rent the unit anyway?
No. The code states no variations, adjustments or waivers to these requirements are allowed to accommodate an accessory apartment, so the employment-based occupancy limit is fixed.

Sources & Official References

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