Definitions.
Montgomery City Code, App. C, art. VI, § 11
in effectSec. 11. - Definitions.
For the purpose of this ordinance words used in the present tense include the future, the singular number includes the plural, and the singular. Words and terms are defined as follows:
Accessory structure or use. One which:
(a) Is subordinate to and serves the principal building or principal use;
(b) Is subordinate in area, extent, or purpose to the principal building or principal use served;
(c) Contributes to the comfort, convenience, or necessity of occupants of the principal building or principal use served; and
(d) Is located on the same zoning lot as the principal building or principal use served, with the single exception of such accessory off-street parking facilities as are permitted to locate elsewhere than on the same zoning lot with the building or use served.
Accessory use. A use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building.
Administrative official. Such person or persons designated by the board of commissioners to administer and enforce this ordinance.
Alteration and altered. The word "alteration" shall include any of the following:
(a) Any addition to the height or depth of a building or structure;
(b) Any change in the location of any of the exterior walls of a building or structure;
(c) Any change in the interior accommodations of a building or structure.
In addition to the foregoing, a building or structure shall be classified as altered when it is repaired, renovated, remodeled, or rebuilt at a cost in excess of 50 percent of its value prior to the commencement of such repairs, renovation, remodeling or rebuilding.
Antenna and/or aerial. A usually metallic structure or device (as a dish, rod or wires) for radiating or receiving radio and television transmission waves, whether conventional or by satellite, for the purpose of carrying, magnifying and transferring the signals into the interior of buildings.
Apartment. A building which is used as a residence for three or more families living in separate dwelling units.
Awning. A shelter attached to and hanging from a vertical surface of a building without any other support from the ground.
Block. The word block as herein used shall be construed to be that portion on either side of the street considered, upon which the building is proposed, bounded by the nearest intersecting streets.
Boarding house. A building other than a hotel, cafe, or restaurant where, for compensation, meals are provided for three or more persons.
Building. Any structure having a roof supported by columns or walls, including tents, lunch wagons, dining cars, trailers and similar structures whether stationary or moving.
Building area. The portion of the lot occupied by the main building, including porches, carports, accessory buildings, and other structures.
Building line. A line showing the nearest distance to the street property line or lines that it is permissible to build a structure, either to be in compliance with this chapter or in compliance with a plat, deed or private contract.
Condominium. A multi-unit dwelling, group of multi-unit dwellings, townhouse complex, group of townhouse complexes, or any combination thereof, each of whose residents, known as unit owners, enjoys exclusive ownership of his individual apartment or dwelling unit holding fee simple title thereto, while retaining an undivided interest, as a tenant in common, in the common facilities and areas of the building or buildings and grounds which are used by all the residents.
Drive-in restaurant. A restaurant or public eating business so conducted that food, meals, or refreshments are brought to the motor vehicles for consumption by the customer or patron.
Drive-in theatre. A theatre so arranged and conducted that the customer or patron may view the performance while seated in a motor vehicle.
Dry cleaners:
Small dry cleaners. Cleaning plants using nonflammable, nonexplosive type cleaning solvent, occupying not more than 1,500 square feet of floor space, operating not more than two delivery and pickup trucks and employing not more than four persons, exclusive of sales clerks and truck drivers.
Large dry cleaners. Cleaning plants occupying more than 1,500 square feet of floor space, and employing more than four persons, exclusive of sales clerks and truck drivers.
Dwelling. A house or other building used primarily as an abode for one or two families, except that the word "dwelling" shall not include boarding or rooming houses, tents, tourist camps, hotels, trailers, trailer camps, or other structures designated or used primarily for transient residents.
Dwelling, one-family. A dwelling containing only one dwelling unit.
Dwelling, two-family. A dwelling containing two dwelling units.
Dwelling, multi-family. Any dwelling containing at least two but not more than four dwelling units, excluding row dwelling.
Dwelling unit. A building or a portion thereof, designed for and occupied by one family for living and sleeping purposes with kitchen facilities for the exclusive use of one family.
Family. Any number of individuals living together as a single housekeeping unit and doing their cooking on the premises.
Home occupation. A use conducted entirely within a dwelling and carried on solely by the inhabitant thereof, using no more than 25 percent of total floor area, and which use is clearly incidental and secondary to the use of the dwelling purposes, and does not change the character thereof, and in which any signs advertising said home occupation are limited to one sign, not over two square feet in area, and also in which there is no public display of goods. Examples of home occupations are: dressmaking, the taking of boarders and the leasing or renting of rooms, tutoring, and teaching the fine arts; shall not include beauty parlor, furniture upholstering, office for any professional or office for a building.
Hotel. Any building or portion thereof which contains at least ten guest rooms intended for occupancy by individuals for compensation whether paid directly or indirectly.
Illegal nonconforming building. Any structure which was erected or altered outside the provisions of a prior zoning ordinance.
Illegal nonconforming use. Any use which on the effective date of this ordinance, was operating outside the provisions of a prior zoning ordinance, such as dine and dance establishment operating in a residential zone in defiance of zoning restrictions.
Kitchen facilities. A portion of a building used for the preparation of meals, and for the purpose of this ordinance, shall include a sink or similar fixture for washing dishes.
Legal nonconforming structure. Any structure which was lawfully erected or altered in conformity with all applicable municipal ordinances, or through variance granted by the board of adjustment, but which structure does not comply with all the provisions this ordinance establishes, for structures in the district in which the same is located.
Legal nonconforming use. A use which, on the effective date of this ordinance, was lawfully operated in accordance with the provisions of any prior zoning ordinance, or through variance granted by the board of adjustment, but which use is not a permitted use as established by this ordinance in the district in which the use is located.
Living quarters. Housing providing facilities for sleeping and bathing.
Lot. A piece, parcel, or lot of land occupied or intended to be occupied by one main building, accessory building, uses customarily incidental to such main buildings and such open spaces as are provided in this ordinance, or as are intended to be used with such piece, parcel or plot of land. (Two or more platted lots may be combined to create lot as defined herein.)
Mobile dwelling. Any vehicle or similar portable structure mounted or designed for mounting on wheels, used or intended for use for permanent dwelling purposes, including structural additions, except parked and unoccupied camping-type trailers. Any vehicle or structure shall be deemed to be a mobile dwelling whether or not the wheels have been removed therefrom and whether or not resting on temporary or permanent foundations.
Mobile dwelling park. A tract of land under unified control which has been developed with all necessary facilities and services in accordance with a development plan meeting all the requirements of this ordinance which is intended for the express purpose of providing a satisfying living environment for mobile dwelling residents on a long-term occupancy basis.
Mobile dwelling subdivision. A tract of land with individually owned lots which has been developed with all necessary facilities and services in accordance with a development plan meeting all the requirements of this ordinance and subdivision regulations of the City of Montgomery which is intended for the express purposes of providing a satisfying living environment for mobile dwelling residences on a long-term occupancy basis.
Modular dwelling. A dwelling unit constructed by the assembly of two or more premanufactured units, section or module to be placed on a permanent foundation, thereby creating a permanent residence which shall comply with all provisions as set forth in article VI, general provisions, section 10.7 (modular dwelling) and article VIII, district regulations of this ordinance (Ord. No. 31-73), the Montgomery building code and any state, county or city code, laws or regulations that may apply either pursuant to or created and adopted after the adoption of this ordinance.
Motor court. A building or group of buildings containing one or more guest rooms having separate outside entrances for each such room or suite of rooms and for which rooms or suites of rooms automobile parking space is provided.
Nonconforming use. Any use of any structure or land which originally lawful does not conform with the provisions of this ordinance or any subsequent amendments thereto for the district in which it is located.
Nonresidential planned unit development. For the purposes of this ordinance nonresidential planned unit development is defined as:
(A) Land under unified control, planned and developed as a whole in a single development operation or a definitely programmed series of development operations, including all lands and buildings; and
(B) Land developed for nonresidential uses in accordance with a development plan approved by the planning commission; and
(C) Tracts of land under unified control consisting of at least ten contiguous acres of land.
Office complex. A group of not less than four nor more than 12 offices connected by party walls.
Offices. Space or rooms used for professional, administrative, clerical and similar uses.
Parking space. The space necessary to park an automobile. Not less than an area nine feet wide and 18 feet long shall be provided for each parking space, and all parking spaces required shall be provided with necessary lanes and maneuvering areas.
Patio-garden home. A single-family dwelling located on its own lot, having only one side yard required, or two single-family dwellings connected by a firewall as required by the building code with only one side yard required per dwelling, with 600 square feet of court yard, patio or open space provided per dwelling, or as otherwise stated in this ordinance.
Planned unit development. For the purposes of this ordinance a planned unit development is defined as:
(A) Land under unified control, planned and developed as a whole in a single development operation or a definitely programmed series of development operations, including all lands and buildings; and
(B) Developed primarily for residential uses, with such other uses as may be permitted by this ordinance upon approval of the planning commission.
Recreational vehicle. For the purposes of this ordinance a recreational vehicle shall consist of any of the following as herein defined:
(A) A travel trailer is a vehicular portable structure mounted on wheels, of such size or weight as not to require special highway movement permits when drawn by a stock passenger automobile; primarily designed and constructed to provide temporary living quarters for recreation, camping, or travel use.
(B) A camping trailer is a vehicular portable structure mounted on wheels, constructed with collapsible partial side walls or fabric, plastic, or other pliable material for folding compactly while being drawn by another vehicle, and when unfolded at the site or location, providing temporary living quarters; and whose primary design is for recreation, camping, or travel use.
(C) A truck camper is a portable structure, designed to be loaded onto, or affixed to, the bed/or chassis of a truck, constructed to provide temporary living quarters for recreation, camping or travel use.
(D) A motor home is a structure built on and made an integral part of a self-propelled motor vehicle chassis other than a passenger car, primarily designed to provide temporary living quarters for recreation, camping and travel.
(E) A boat is any recreational vehicle designed or intended for operation on water. Boats and trailers to transport same shall be considered a recreational vehicle, and subject to the same requirements and restrictions applying to other recreational vehicles.
Roadside stand. A structure for display, and sale of products with no space for customers within the structure itself.
Rooming house. Any building or portion thereof which contains not less than three or more than nine guest rooms which are designed or intended to be used, let, or hired out for occupancy by individuals for compensation, whether paid directly or indirectly.
Self-service laundry. A structure containing washing machines, usually drying machines, and dry cleaning machines which are coin-operated by the customer. It may or may not have an attendant.
Semipublic buildings. Structures for the use of a group, the membership of which is open to the public, such as churches, Y.M.C.A. and Y.W.C.A. facilities, private schools, hospitals and nursing homes, colleges and health clubs, county clubs, tennis clubs, etc., but not including profit-making organizations.
Story. That portion of a building included between the surface of any floor and the surface of the floor next above, or if there be no floor above it, then the space between such floor and the ceiling next above it.
Streets. Any public way set aside for common travel more than 21 feet in width if such existed at the time of enactment of this ordinance, or such right-of-way 40 feet or more in width if established thereafter.
Structure. Anything constructed or erected which requires location on the ground or attached to something having a location on the ground, including among other things, signs, billboards, fences, walls and satellite television and radio antennas, but not including telephone poles, overhead wires, wire fences and other fences less than three feet high, retaining walls or terraces.
Townhouse. A single-family residential building attached to a series of other single-family residential buildings by not more than two party walls. Townhouses shall be built in groups of not less than four nor more than 12 townhouses connected by party walls. As used herein, "townhouse" refers to single-family residential buildings, as described above, intended for sale to individuals or families, and not to residential units intended for rental purposes, whatever their configuration, and platted or individual lots.
Townhouse complex. A group of not less than four nor more than 12 townhouses connected by party walls.
Traffic analysis. As used in this ordinance, the term traffic analysis shall be deemed to consist of the following:
(A) The current capacities of existing streets adjacent to the development; and
(B) Current traffic counts on these streets; and
(C) Developer's estimate of the amount of traffic that will be generated by the proposed development.
Information required in (A) and (B) above shall be limited to the information which is available to the developer from the city, county, and state agencies.
Travel trailer park. A tract of land under unified ownership which has been developed with all necessary facilities and services in accordance with a development plan meeting all the requirements of this ordinance and which is intended for the express purpose of providing a satisfactory living environment for travel trailer residents on a temporary basis.
Uses. The purpose for which land or a building or other structure is designed, arranged, or intended, or for which it is or may be occupied or maintained.
Yard. An open space on the lot with the main building left open, unoccupied and unobstructed by structures from the ground to the sky except as otherwise provided in this chapter. Yards shall be measured from the wall of the structure to the property line, unless the overhang exceeds 30 inches, in which case the yard shall be measured from the overhang plus 30 inches. (Thus, if a ten-foot side yard is required and the roof overhangs five feet, the wall must be 12½ [feet] from the side property line.)
Front yard. The yard extending across the entire width of the lot between the main building including covered porches, and the front lot line, or if an official future street right-of-way line has been established, between the main building including covered porches and the right-of-way line. On corner lots, the narrower side shall be considered the front, regardless of the location of the main entrance of the dwelling. Where both frontages of the lot are equal, the front yard shall be considered the side on which the majority of the lots front in the block.
Rear yard. The yard extending across the entire width of the lot between the main building, including covered porches, and the rear lot line.
Side yard. The yard extending along a side lot line, from the front yard to the rear yard, between the main building, including covered porches and carports, and such lot line.
(Ord. No. 31-73; Ord. No. 69-83, § 1, 9-27-1983)
Source: City of Montgomery, Alabama, Code of Ordinances (Municode Library, library.municode.com)URL: https://library.municode.com/al/montgomery/codes/code_of_ordinances?nodeId=APXCZO_ARTVIGEPR_S11DEFetched: 11/8/2026