Building Setbacks & Zoning in Montgomery, AL

Every city handles building setbacks & zoning a little differently. In Montgomery, Alabama, there are 3 distinct rules that residents and property owners should be aware of. Some are stricter than what neighboring cities enforce, and others are more relaxed. Here is what you need to know.

Setback Rules

Montgomery's zoning ordinance fixes minimum yard depths by residential district in the Article VII district table. In the Very Low Density zones, an R-125 lot needs a 50-foot front yard, 40-foot rear yard and 20-foot side yards; R-100 and R-85 lots both need a 35-foot front yard and 30-foot rear yard, with side yards of 12 feet and 10 feet.

Key details: R-125 front yard: 50 feet minimum. R-125 side yards: 20 feet each side. R-100/R-85 front yard: 35 feet minimum. R-85 side yard: 10 feet minimum. Substandard lots: Sliding side-yard table in Sec. 7.

Erecting or altering a structure without the required yard violates the zoning ordinance and is punishable under Article II, Sec. 5 as provided in City Code § 1-6, with each day the violation continues counted as a separate offense. The administrative official, another appropriate authority, or an affected neighboring property owner may also seek an injunction, mandamus, or other court action under Article II, Sec. 6 to force removal of a structure built in an encroaching yard.

Structure Height Limits

Montgomery caps building height at 35 feet and two stories in its Very Low Density residential zones (R-125, R-100 and R-85), under the Article VII district table that Sec. 8 of the zoning ordinance points to. Church steeples, silos, water tanks, flagpoles, and similar structures are expressly exempted from the cap.

Key details: R-125/R-100/R-85 height cap: 35 feet. R-125/R-100/R-85 story cap: 2 stories. Exempt structures: Steeples, silos, water tanks, flagpoles. Variance route: Board of adjustment, Article III. Occupancy check: Certificate of occupancy required, Art. II Sec. 4.

Building or altering a structure above the district height limit violates the zoning ordinance and is punishable under Article II, Sec. 5 as provided in City Code § 1-6, with each day of a continuing violation a separate offense. The administrative official can also withhold or revoke a certificate of occupancy under Article II, Sec. 4 for a structure that exceeds the applicable height cap, which in turn automatically suspends any business license issued in reliance on that certificate.

Lot Coverage Limits

Montgomery, Alabama caps building coverage in its very-low-density residential districts at 20 percent of gross lot area in R-125 and 25 percent in both R-100 and R-85, under the zoning ordinance's district regulations table.

Key details: R-125 max building area: 20% of gross lot area. R-100 max building area: 25% of gross lot area. R-85 max building area: 25% of gross lot area. Max building height (all three): 35 ft. or 2 stories. Governing table: Zoning Ordinance App. C, Art. VII, Sec. 2.

Exceeding the maximum building area percentage for the district, such as covering more than 20 percent of an R-125 lot with structures, places the improvement in violation of the district regulations table in Article VII, Section 2. The city's Land Use Controls Division and board of adjustment handle enforcement and any variance request; noncompliant construction can be required to be reduced in footprint or halted before completion.

The Bottom Line

Montgomery's building setbacks & zoning rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming Montgomery is broadly strict or permissive.

Keep in mind that Montgomery can amend these rules at any council meeting. For the most current version of any rule mentioned here, check the specific ordinance page, where we track updates as they happen.