Montgomery, AL Accessory Structures: ADU Owner Occupancy (2026)

Alabama is a Dillon Rule state and has not enacted ADU legislation overriding local zoning. The Montgomery Zoning Ordinance — Appendix C of the Code of Ordinances — permits accessory uses incidental to the principal residential use in single-family districts. The practical effect is that the principal dwelling must remain occupied as a single-family residence and the accessory living quarters must be used by family members, household guests, or domestic employees; converting both units to separate non-related rentals generally triggers a two-family-dwelling classification that requires a higher-density residential zoning category or a use variance through the Montgomery Board of Adjustment. There is no recorded deed-restriction requirement comparable to California Junior ADU rules. The Inspections Department verifies use through the Certificate of Occupancy and complaint-driven code enforcement administered alongside the Community Development Department. The pending Zoning Ordinance rewrite being prepared by Clarion Associates may introduce an explicit owner-occupancy standard if the city adopts a dedicated ADU framework. Until the new ordinance is adopted, applicants should confirm interpretations in writing with the Land Use Division.