Dauphin Island proposed Ordinance 105-A: Airbnb changes explained

This explainer compares the proposal. For posted requirements and dated status checks, use the short-term rental rules tracker. For the background to the dispute, read the historical Airbnb and property-rights investigation.

Is Ordinance 105-A current law?

Adoption and an effective date remain unverified as of the October 11, 2026 source check. The September 1 council minutes, page 2, record a first reading of Ordinance 105-A. The circulated 10-page draft has blank adoption, reading and signature fields and says effectiveness follows adoption and publication. A first reading and an unsigned proposal do not establish enactment.

The Town rental-license page still links Ordinance 105. The minutes index, checked October 11, links September 1 as its latest council minutes. That online-record limit does not prove no later action occurred. Use the current-rules tracker for licensing steps and costs, and confirm any later adopted amendment with the Town.

What changes in the draft, compared with posted Ordinance 105?

The comparison below uses the Town’s posted Ordinance 105 compilation and the 105-A draft circulated via the Chamber. The draft is primary evidence of its proposed wording; the Chamber is not the authority that enacts an ordinance.

Correction to the cap comparison: 90 and 70 are explicit initial caps in the posted ordinance, not merely hypothetical examples or entirely new 105-A figures. The numerical examples later in §8.8.10.1 explain administration of the caps. Neither the posted figures nor the draft establishes current license availability, waiting-list position or a transferable right to operate. See 105, printed pp. 8-36–8-37.

District maps and property transfers

The current reference materials are the Town’s district descriptions and 105 map figures 4.8–4.10, PDF pages 150–152, labeled “Adopted January 2024.” General area names cannot settle whether a parcel falls inside a boundary.

The draft describes revised district provisions and references amended maps for STROD2/3 and new maps for STROD4/5. It says an adopted map controls a conflict with a written description (draft p. 6). The 10-page circulated copy reviewed here does not include those map attachments, and no adopted replacement maps were verified. Do not treat an illustrative or proposed map as an address ruling.

For proposed STROD4 and STROD5, draft page 8 makes grandfathered licensing owner-specific and describes termination on sale or transfer, with an exception for transfer upon an owner’s death to a surviving spouse. It also lists surrender, revocation, expiration/failure to renew and six months of inactivity as loss conditions. These are draft terms, not verified current rules. A buyer should not infer eligibility or automatic license transfer from a property’s rental history.

What requirements are posted now?

Under the Town’s posted 105 text, a short-term rental is compensated temporary lodging for no more than 179 consecutive days; 180 days or more is treated as long-term. The Town requires a rental business license and approval for new STR properties. Its January 2026 guidance calls for safety inspections every three years by a qualified professional, with credentials submitted.

Annual renewal is separate from that inspection cycle. The Town says licenses expire December 31, renewals are due January 1 and become delinquent after January 31. A renewal does not automatically require another Planning Commission hearing; posted §8.8.2 identifies documented infractions or a Building Official request as the renewal-review triggers.

The rental page lists annual gross-receipt license charges of $125, $150 or $225, plus $10 issuance. At exactly $150,000, the webpage and signed Ordinance 10M conflict: the webpage includes it in the middle bracket, while 10M states $50,000–$149,999 and then “over $150,000.” Confirm the Town’s assessed bracket for that amount. Inspection costs, any applicable review fees and taxes are separate; no combined operating-cost or tax total is established here. Use the tracker’s fee table and application checklist.

Private restrictions and applicable existing-use provisions need a separate property-specific check. Neither the posted district summary nor this comparison guarantees that a property qualifies.

Is the rental moratorium part of 105-A?

The documented extension is a separate measure. The July 7, 2026 minutes, page 2, identify Ordinance 114-A, a 60-day extension affecting certain R-1 properties outside the STR overlay districts.

A currently active moratorium is not established by the reviewed online record. The operative start and end dates, signed text and any later extension, replacement or ending action were not verified. Do not infer legal expiry by adding 60 days to the meeting date, or describe this recorded scope as an island-wide ban. See the tracker’s moratorium status.

What records would resolve the proposal’s status?

An adopted amendment with the adoption and effective dates, its final text and map attachments, and any later moratorium measures would resolve the main status questions. Current licensed counts, cap amendments and waiting-list records would help determine availability. No future hearing is inferred from the regular meeting schedule.

The posted 105 compilation itself has mixed date labels: Article 12 lists November 7, 2023, while its district maps say January 2024. It is a posted baseline, not a certified complete amendment history. The tracker also notes different street references in the compilation’s parking-exception provisions; obtain the applicable Town direction before relying on those exceptions.

Frequently Asked Questions

What is Dauphin Island Ordinance 105-A?

It is a proposed amendment documented by the circulated draft and a September 1, 2026 first reading. Adoption and an effective date were not established in the online records checked October 11.

Does 105-A introduce all of the license caps?

No. Posted Ordinance 105 already states initial caps of 90 in STROD1 and 70 in STROD2, with no maximum in STROD3. The draft repeats those figures and proposes caps of 9 and 5 for new STROD4 and STROD5. Caps are not current availability.

Would a sale transfer a grandfathered license in proposed STROD4 or STROD5?

The draft describes owner-specific licenses ending on sale or transfer, with a surviving-spouse exception on death. Adoption is unverified; ask the Town what currently governs the property before assuming a license transfers.

Does a booking or property purchase establish license eligibility?

No. Confirm the address, district, applicable Town approvals, current license status and any relevant private restrictions. A listing or prior rental history is not an approval.

Is the moratorium active today?

Current activity remains unresolved. The July 7 minutes record an Ordinance 114-A extension for certain R-1 properties outside the overlay districts, but operative dates and later actions were not verified.

Where are the application steps and fees?

Use the Dauphin Island short-term rental rules tracker for the checklist, fee-source conflict, inspection cycle, maps and dated status checks.

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• Dauphin Island building codes, dune protection and coastal permits
• Dauphin Island West End beach easements: what owners should verify

Editorially updated and sources checked October 11, 2026. Document dates and unresolved status are stated separately. This check does not establish later unposted action.