Montgomery regulates accessory structures through the city Zoning Ordinance, codified as Appendix C of the Code of Ordinances. The current ordinance does not contain a dedicated ADU-by-right framework, so accessory living quarters are reviewed as accessory uses in residential districts and require a building permit from the Montgomery Inspections Department. Alabama is a Dillon Rule state with no statewide ADU preemption. The city is rewriting its Zoning Ordinance and SmartCode through Community Development, so applicants should confirm current standards.
Alabama has not enacted statewide ADU-by-right legislation comparable to California Government Code §65852.2. As a Dillon Rule state, Montgomery exercises only the zoning powers delegated by the Alabama Legislature under Title 11, Chapter 52 of the Alabama Code (Municipal Planning and Zoning). The Montgomery Zoning Ordinance is codified as Appendix C of the Code of Ordinances and regulates accessory structures, setbacks, height, and lot coverage on residential lots; current online materials do not contain a dedicated ADU-by-right category, and the city has retained Clarion Associates to rewrite the Zoning Ordinance and Subdivision Regulations under the Community Development Department's Land Use Division. Until the new SmartCode is adopted, detached accessory living quarters are typically reviewed as accessory uses incidental to the principal single-family dwelling, with rental of a separate unit to non-family tenants generally requiring multi-family zoning or a use variance from the Board of Adjustment. Building permits are issued by the City of Montgomery Inspections Department, which enforces the International Residential Code adopted by reference in Code of Ordinances Chapter 5 (Buildings), with Alabama Building Commission state amendments. Properties within Montgomery's locally designated historic districts (Old Cloverdale, Garden District, Cottage Hill, Cloverdale-Idlewild, Capitol Heights, Centennial Hill, Old North Hull Street) require a Certificate of Appropriateness from the Architectural Review Board before exterior work.
Constructing an ADU without a permit violates Code of Ordinances Chapter 5 and Appendix C (Zoning), triggering stop-work orders from the Inspections Department, after-the-fact permit fees, and potential daily fines under the city's general penalty provisions. Unpermitted electrical, plumbing, or gas work voids homeowner insurance and can prevent utility connection. Historic district violations carry separate Architectural Review Board enforcement and can require restoration.
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See how Montgomery's adu permits rules stack up against other locations.
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