The Mobile Unified Development Code (Chapter 64) treats ADUs as accessory uses subordinate to the principal single-family dwelling and prohibits separate sale of the ADU from the main dwelling. The practical effect is an owner-presence expectation: the principal dwelling must remain occupied as a single-family residence, with the ADU used as accessory space. Alabama has not preempted local ADU rules. Variances or zoning changes are pursued through the Mobile Board of Zoning Adjustment or Planning Commission.
Alabama is a Dillon Rule state and has not enacted ADU legislation overriding local zoning. The Mobile Unified Development Code (Chapter 64), adopted June 7, 2022, permits accessory dwelling units in residential districts only as a use subordinate to the principal single-family dwelling and prohibits ADU sale separate from the main parcel. While Mobile does not necessarily impose a stand-alone deed-restriction filing comparable to some California JADU rules, the bar on separate sale, the requirement that the ADU be subordinate, and the city's historical prohibition on ADU use as a short-term rental together produce an owner-occupancy expectation in practice. Converting both the main dwelling and the ADU to independent rentals occupied by unrelated tenants generally triggers a two-family-dwelling classification that requires a higher-density residential district (or a use variance) under the UDC. Property owners seeking to deviate from the standard accessory-use limitations apply to the Mobile Board of Zoning Adjustment for a use variance, or pursue a rezoning through the Mobile Planning Commission. Verify current owner-occupancy and rental specifics directly with Build Mobile at 251-208-5895 before listing.
Operating an accessory dwelling as a fully independent rental in a single-family residential district can be cited as a zoning violation under Chapter 64, with code-enforcement orders requiring cessation of the rental use. Continued violation accrues daily fines under the city's general penalty provisions. Selling the ADU as a separate parcel violates UDC accessory-use provisions and can void title transfers.
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See how Mobile's adu owner occupancy rules stack up against other locations.
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