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Montgomery, AL Building Setbacks & Zoning: Structure Height Limits (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

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

Summary

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.

Sec. 8. - Height. In each district each structure hereafter erected or altered shall not exceed the heights specified in the district requirements, article VII. Height limitations shall not apply to church steeples, hospitals, sanitariums, barns, silos, farm structures, chimneys, flagpoles, public utility poles, radio and television towers and aerials, cooling towers, water tanks and industrial structures when required by manufacturing process. [Art. VII, Sec. 2 table:] Maximum building height: Feet 35 35 35. Stories 2 2 2. [R-125] [R-100] [R-85].

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 27).

Full Breakdown

Sec. 8 of Article I states that no structure built or altered in any district may exceed the height specified for that district in Article VII, and it carves out a fixed list of exemptions: church steeples, hospitals, sanitariums, barns, silos, farm structures, chimneys, flagpoles, public utility poles, radio and television towers and aerials, cooling towers, water tanks, and industrial structures required by a manufacturing process. The Article VII, Sec. 2 table then supplies the numbers for the Very Low Density residential districts: R-125, R-100 and R-85 lots are all capped at 35 feet and two stories.

Business, industrial, and other residential districts carry their own separate figures in the same Article VII schedule. The administrative official reviews height compliance as part of the building permit process, and under Article II, Sec. 4 no structure may be occupied until the administrative official issues a certificate of occupancy confirming it conforms to the ordinance, including its height limit; that certificate can be suspended or revoked if the structure is later found to violate the code. Anyone wanting to exceed the cap must seek a variance from the nine-member board of adjustment under Article III, showing the special hardship criteria the ordinance requires.

Violations & Fines

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.

Frequently Asked Questions

How tall can a house be built in Montgomery's R-100 district?
Up to 35 feet and two stories. The Article VII, Sec. 2 table applies that same 35-foot, two-story cap to R-125, R-100 and R-85, the city's Very Low Density residential zones, and Sec. 8 makes clear no structure may exceed the height fixed for its district.
Are any structures exempt from Montgomery's height limit?
Yes. Sec. 8 exempts church steeples, hospitals, sanitariums, barns, silos, farm structures, chimneys, flagpoles, public utility poles, radio and television towers and aerials, cooling towers, water tanks, and manufacturing-required industrial structures from the district height cap entirely.
What happens if a house is built taller than the zoning limit allows?
The administrative official can refuse or later revoke the certificate of occupancy under Article II, Sec. 4, and the owner faces the penalty in City Code § 1-6 with each day of the violation treated separately, under Article II, Sec. 5 of the zoning ordinance.

Sources & Official References

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