Accessory Structures in Birmingham, AL (2026)
9 verified accessory structures rules for Birmingham, Alabama, sourced directly from the municipal code and official government pages.
Verified from official government sources
ADU Rules
Birmingham permits one accessory dwelling unit per lot in specified districts (D-4, D-5, UN, MU and certain commercial zones), capped at 800 square feet or the size of the primary dwelling, whichever is less. Access must be from an alley or approved driveway.
Birmingham Accessory Dwelling Unit (ADU) Rules
Some RestrictionsBirmingham Zoning Ordinance (Ord. No. 90-130), Title 1, Ch. 1, Art. III, Sec. 9; Ch. 3, Art. I, Sec. 4(32); Ch. 4, Art. IV, Sec. 2.B
Section 9. Accessory Building Used for Dwelling Purpose. An accessory building may be used for dwelling purposes when all conditions are met, as described in Chapter 4, Article IV, Section 2, Item B. ... B. Dwelling, Accessory. In the D-4, D-5, UN, MU-L, and MU-M, MU-H, MU-D, C-1, and C-2 districts, an accessory dwelling shall be permitted provided the following conditions are met: 1. Only one ...
ADU Permits
Birmingham regulates accessory dwelling units (ADUs) through the Birmingham Zoning Ordinance (maintained separately from the General Code) and general building requirements in Code of Ordinances Title 1 Chapter 6 (Buildings). Alabama is a Dillon Rule state with no statewide ADU preemption — local zoning controls. ADUs require a building permit through the Birmingham Department of Planning, Engineering and Permits and must comply with the International Residential Code adopted by the Alabama Building Commission and the City.
Birmingham Accessory Dwelling Unit Permits (Zoning Ordinance + Code Ch. 6)
Some RestrictionsADU Impact Fees
Birmingham does not impose a general residential impact fee on accessory dwelling units. Alabama law does not broadly authorize municipal residential impact fees outside specific statutory grants. ADU costs include standard building, electrical, plumbing, and mechanical permit fees through the Birmingham Department of Planning, Engineering and Permits plus Birmingham Water Works Board and Alabama Power tap or capacity fees if a new service is required.
Birmingham ADU Impact Fees (No General Residential Impact Fee)
Few RestrictionsADU Owner Occupancy
The Birmingham Zoning Ordinance does not impose an explicit citywide owner-occupancy mandate on every ADU, but accessory living quarters in low-density Residence districts (R-1, R-2, R-3) are typically permitted only for family members or domestic employees of the household occupying the principal dwelling. Rental of an ADU to an unrelated tenant generally requires higher-density residential zoning. Alabama has not preempted local ADU rules.
Birmingham ADU Owner-Occupancy Practice
Some RestrictionsADU Rental Restrictions
Long-term rental of a Birmingham ADU generally requires R-5 or higher residential zoning because R-1 through R-4 districts treat the accessory dwelling as incidental to the main dwelling. Short-term rentals under 30 days are regulated by the Birmingham General Code Title 5 (Business Licenses) and the city lodgings tax provisions, requiring a business license and collection of city, county, and state lodgings taxes. Alabama has not preempted local STR rules.
Birmingham ADU Rental Restrictions and STR Rules
Some RestrictionsShed Rules
Accessory buildings such as sheds may be built in a required rear yard but may not occupy more than 30 percent of the required rear yard and must be at least three feet from any side or rear lot line in dwelling districts. A shed cannot be built until construction of the principal building has commenced.
Birmingham Shed and Accessory Building Setbacks
Some RestrictionsBirmingham Zoning Ordinance (Ord. No. 90-130), Title 1, Ch. 3, Art. I, Sec. 6.A and Sec. 4(5); Ch. 1, Art. III, Sec. 8
Section 6. Accessory building floor area controls. A. Accessory buildings and structures may be built in a required rear yard, but such accessory buildings and structures shall not occupy more than thirty percent of the required rear yard and shall not be nearer than three feet to any side or rear lot line within dwelling districts, except that when a garage is entered from an alley it shall no...
Garage Conversions
Converting a detached garage or other accessory building into living space is treated as an accessory dwelling in Birmingham. It is permitted only in specified districts, limited to one per lot, capped at 800 square feet, and must meet the Ordinance's Design Standards with access from an alley or approved driveway.
Birmingham Garage Conversion to Dwelling Rules
Some RestrictionsBirmingham Zoning Ordinance (Ord. No. 90-130), Title 1, Ch. 1, Art. III, Secs. 9 and 11; Ch. 4, Art. IV, Sec. 2.B
Section 9. Accessory Building Used for Dwelling Purpose. An accessory building may be used for dwelling purposes when all conditions are met, as described in Chapter 4, Article IV, Section 2, Item B. ... Section 11. Permits for construction. Construction or remodeling of any structure on any lot, placement of any structure on any lot, grading or clearing of any lot, alteration of earth containe...
Carport Rules
In Birmingham, a carport located in any yard other than the rear yard must be attached to the principal structure and built of materials compatible with the principal structure. Carports in the rear yard are treated as accessory buildings.
Birmingham Carport Placement and Materials
Some RestrictionsBirmingham Zoning Ordinance (Ord. No. 90-130), Title 1, Ch. 1, Art. III, Sec. 20
Section 20. Carports. Carports in any yard other than the rear yard shall be attached to the principal structure and shall be built of compatible materials to the principal structure.
Tiny Homes
Birmingham has no separate 'tiny home' ordinance; a detached tiny home on a residential lot is regulated as an accessory dwelling unit, capped at 800 square feet (or the size of the primary dwelling), limited to one per lot, and allowed only in specified districts.
Birmingham Tiny Homes and Accessory Dwellings
Some RestrictionsBirmingham Zoning Ordinance (Ord. No. 90-130), Title 1, Ch. 3, Art. I, Sec. 4(32); Ch. 4, Art. IV, Sec. 2.B
32. An Accessory Dwelling Unit may cover more than 30 percent of the required rear yard provided that: a. The Accessory Dwelling Unit is no more than 800 square feet or the size of the primary dwelling, whichever is less. b. The accessory dwelling unit meets the Design Standards, defined elsewhere in this Ordinance.
Looking for Jefferson County county-wide rules?
County ordinances apply to unincorporated areas and may supplement Birmingham city rules.
Accessory Structures in Jefferson County →