Zoning.

Ala. Code tit. 11, tit. 2, ch. 52, art. 4

in effect

Ala. Code § 11-52-70 Establishment, Etc., of Business, Industrial and Residential Districts and Provision as to Type, Use, Etc., of Structures and Improvements to Be Erected Therein, Etc., Authorized Generally.

11-52-70. Establishment, Etc., of Business, Industrial and Residential Districts and Provision as to Type, Use, Etc., of Structures and Improvements to Be Erected Therein, Etc., Authorized Generally. Each municipal corporation in the State of Alabama may divide the territory within its corporate limits into business, industrial and residential zones or districts and may provide the kind, character and use of structures and improvements that may be erected or made within the several zones or districts established and may, from time to time, rearrange or alter the boundaries of such zones or districts and may also adopt such ordinances as necessary to carry into effect and make effective the provisions of this article. (Acts 1923, No. 443, p. 590; Code 1923, §1878; Code 1940, T. 37, §772.)

Ala. Code § 11-52-71 Number, Shape, and Area of Districts; Uniformity of Regulations.

11-52-71. Number, Shape, and Area of Districts; Uniformity of Regulations. For any or all of said purposes the local legislative body may divide the municipality into districts of such number, shape, and area as may be deemed best suited to carry out the purposes of this article, and within such districts it may regulate and restrict the erection, construction, reconstruction, alteration, repair, or use of buildings, structures, or land. All such regulations shall be uniform for each class or kind of buildings throughout each district, but the regulations in any one district may differ from those in other districts. (Acts 1935, No. 533, p. 1121; Code 1940, T. 37, §776.)

Ala. Code § 11-52-72 Purposes of Zoning Regulations Generally; Considerations in Establishment Thereof Generally.

11-52-72. Purposes of Zoning Regulations Generally; Considerations in Establishment Thereof Generally. Such regulations shall be made in accordance with a comprehensive plan and designed to lessen congestion in the streets, to secure safety from fire, panic and other dangers, to promote health and the general welfare, to provide adequate light and air, to prevent the overcrowding of land, to avoid undue concentration of population, and to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements. Such regulations shall be made with reasonable consideration, among other things, to the character of the district and its peculiar suitability for particular uses and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout such municipality. (Acts 1935, No. 533, p. 1121; Code 1940, T. 37, §777.)

Ala. Code § 11-52-73 Regulation and Restriction of Height, Etc., of Buildings, Etc., Sizes of Lots, Density of Population, Etc., Authorized.

11-52-73. Regulation and Restriction of Height, Etc., of Buildings, Etc., Sizes of Lots, Density of Population, Etc., Authorized. For the purpose of promoting the health, safety, morals, or general welfare of the community, the legislative body of incorporated cities and towns is hereby empowered to regulate and restrict the height, number of stories and size of buildings and other structures, the percentage of lot that may be occupied, the size of yards, courts and other open spaces, the density of population and the location and use of buildings, structures, and land for trade, industry, residences, or other purposes. (Acts 1935, No. 533, p. 1121; Code 1940, T. 37, §774.)

Ala. Code § 11-52-75 Regulation as to Housing of Different Classes of Inhabitants in Residential Districts.

11-52-75. Regulation as to Housing of Different Classes of Inhabitants in Residential Districts. For the promotion of the public peace, order, safety, or general welfare, such municipal corporations may, within residential districts established pursuant to this article, further regulate as to the housing or residence therein of the different classes of inhabitants, but such regulations are not hereby authorized as will discriminate in favor of or against any class of inhabitants. (Acts 1935, No. 533, p. 1121; Code 1940, T. 37, §775.)

Ala. Code § 11-52-75.1 Regulation as to Housing of Mentally Retarded or Mentally Ill Persons in Multi-Family Zone.

11-52-75.1. Regulation as to Housing of Mentally Retarded or Mentally Ill Persons in Multi-Family Zone. (a) It is the express intent of the Legislature to abolish and prohibit any zoning law, ordinance, or regulation which prevents or prohibits mentally retarded or mentally ill persons from living in a natural residential environment zoned “multi-family.” Zoning ordinances shall not exclude a group home from a “multi-family” residential area solely because the persons residing in the group home are not blood related, and no such group home shall be located within 1,000 feet of another group home as measured between lot lines. The group home shall be required to meet all other zoning and licensing requirements of local and state governmental agencies. (b) For the purpose of any zoning law, ordinance, or regulation in force in the State of Alabama and its political subdivisions, the classification of “multi-family” shall not exclude a group home in which 10 or less unrelated persons who are mentally retarded or mentally ill may reside, and said home may, in addition thereto, include two additional persons who need not be related by blood or marriage to each other or to any of the mentally retarded or mentally ill persons living in the home. (c) Notwithstanding the provisions of this section, nothing herein contained shall be construed to affect any such group home previously established and existing on the date of the enactment of this section. (Acts 1986, No. 86-430, p. 797.)

Ala. Code § 11-52-76 Municipal Legislative Body to Provide for Manner of Establishment, Enforcement, Amendment, Etc., of Regulations, Restrictions and District Boundaries Generally; Adoption of Ordinances for Implementation of Article Generally.

11-52-76. Municipal Legislative Body to Provide for Manner of Establishment, Enforcement, Amendment, Etc., of Regulations, Restrictions and District Boundaries Generally; Adoption of Ordinances for Implementation of Article Generally. The legislative body of such municipality shall provide for the manner in which such regulations and restrictions and the boundaries of such districts shall be determined, established, and enforced and from time to time amended, supplemented, or changed and may adopt such ordinances as may be necessary to carry into effect and make effective the provisions of this article. (Acts 1935, No. 533, p. 1121; Code 1940, T. 37, §778; Acts 1964, 1st Ex. Sess., No. 252, p. 348, §2.)

Ala. Code § 11-52-77 Procedure for Adoption of Ordinances Authorized by Article.

11-52-77. Procedure for Adoption of Ordinances Authorized by Article. No ordinance shall be passed by any municipal corporation under the authority of this article unless and until the municipal governing body has complied with the procedures set forth in either subdivision (1) or subdivision (2) of this section. (1) Prior to adoption, the proposed ordinance shall be published in full for one insertion and an additional insertion of a synopsis of the proposed ordinance, one week after the first insertion, which synopsis shall refer to the date and name of the newspaper in which the proposed ordinance was first published; both such insertions shall be at least 15 days in advance of its passage and in a newspaper of general circulation published within the municipality, or, if there is no such newspaper, then by posting the proposed ordinance in four conspicuous places within the municipality, together with a notice stating the time and place that the ordinance is to be considered by the municipal legislative authorities and stating further that at such time and place all persons who desire shall have an opportunity of being heard in opposition to or in favor of such ordinance. (2) Prior to adoption, notice that an ordinance will be considered shall be published for three consecutive weeks in a newspaper of general circulation in the county. The notice shall include the following information: a. A provision that an ordinance proposing to zone or rezone property will be considered by the municipal governing body pursuant to this section and that a copy of the proposed ordinance is available for public inspection at the city or town hall; b. The location of the city or town hall; c. A map showing the location of the property; d. A general description of the property proposed to be zoned or rezoned including the common name by which the property is known; and e. The time and place where all persons may be heard in opposition to or in favor of the ordinance. The notice required by this subdivision shall be published in the legal section of the publication in standard form. In addition, the same notice shall also be published one time in the regular section of the newspaper which notice shall be in the form of at least a one-quarter page advertisement. (3) No such ordinance shall become effective until after a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. (Acts 1935, No. 533, p. 1121; Code 1940, T. 37, §778; Acts 1964, 1st Ex. Sess., No. 252, p. 348, §2; Acts 1981, 3rd Ex. Sess., No. 81-1191, p. 524, §2; Acts 1995, No. 95-395, p. 806, §1.)

Ala. Code § 11-52-78 Amendment, Repeal, Etc., of Regulations, Restrictions, District Boundaries and Ordinances.

11-52-78. Amendment, Repeal, Etc., of Regulations, Restrictions, District Boundaries and Ordinances. Such regulations, restrictions, and boundaries and ordinances passed under the authority of this article may from time to time be amended, supplemented, changed, modified, or repealed. The provisions of Section 11-52-77 relative to public hearings and official notices shall apply equally to all changes and amendments. (Acts 1935, No. 533, p. 1121; Code 1940, T. 37, §779.)

Ala. Code § 11-52-79 Zoning Commission.

11-52-79. Zoning Commission. In availing itself of the powers conferred by this article, the legislative body of any incorporated city or town may appoint a commission, to be known as the zoning commission, to recommend the boundaries of the various original districts and appropriate regulations to be enforced therein. Such commission shall make a preliminary report and hold a public hearing thereon before submitting its final report. In case of the appointment of such zoning commission, the municipal legislative body shall not hold its public hearings or take action until it has received the final report of such commission. Where a municipal planning commission already exists, it may be appointed as the “zoning commission.” (Acts 1935, No. 533, p. 1121; Code 1940, T. 37, §780.)

Ala. Code § 11-52-80 Board of Adjustment - Creation; Composition; Qualifications, Appointment, Terms of Office and Removal of Members; Vacancies; Adoption of Rules of Procedure; Meetings; Record of Proceedings; Procedure for Appeals to Board from Decisions of Administrative Officials; Powers of Board as to Appeals.

11-52-80. Board of Adjustment - Creation; Composition; Qualifications, Appointment, Terms of Office and Removal of Members; Vacancies; Adoption of Rules of Procedure; Meetings; Record of Proceedings; Procedure for Appeals to Board from Decisions of Administrative Officials; Powers of Board as to Appeals. (a) In availing itself of the powers conferred by this article, the legislative body of any incorporated city or town may provide for the appointment of a board of adjustment and, in the regulations and restrictions adopted pursuant to the authority of this article, may provide that the said board of adjustment shall in appropriate cases and subject to appropriate conditions and safeguards make special exceptions to the terms of the ordinance in harmony with its general purposes and interests and in accordance with general or specific rules therein contained. The board of adjustment shall consist of five members, each to be appointed for a term of three years, except that in the first instance one member shall be appointed for a term of three years, two for a term of two years, and two for a term of one year, and thereafter each member appointed shall serve for a term of three years or until his successor is duly appointed; provided, that in all cities having a population of not less than 175,000 nor more than 275,000 according to the most recent federal decennial census, all members of the board, including any alternate member provided for in this subsection, shall be bona fide residents and qualified electors of such cities; provided further, that the members of boards of adjustment created shall serve out their terms, and thereafter the members of such boards shall be appointed in the manner prescribed in this subsection for boards created after August 26, 1971. In addition to the five regular members provided for in this subsection two supernumerary members shall be appointed to serve on such board at the call of the chairman only in the absence of regular members and while so serving shall have and exercise the power and authority of regular members. Such supernumerary members shall be appointed to serve for three-year terms and shall be eligible for reappointment. Appointed members may be removable for cause by the appointing authority upon written charges and after public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. (b) The board shall adopt rules in accordance with the provisions of any ordinance adopted pursuant to this article. Meetings of the board shall be held at the call of the chairman and at such other times as the board may determine; provided that, in cities having populations of not less than 175,000 nor more than 275,000, the board shall meet regularly once a month on a day determined by the board. Such chairman or, in his absence, the acting chairman may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public. The board shall keep minutes of its proceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and of other official actions, all of which shall immediately be filed in the office of the board and shall be a public record. (c) Appeals to the board of adjustment may be taken by any person aggrieved or by any officer, department, board, or bureau of the municipality affected by any decision of the administrative officer. Such appeal shall be taken within a reasonable time, as provided by the rules of the board, by filing with the officer from whom the appeal is taken and with the board of adjustment a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall transmit forthwith to the board all papers constituting the record upon which the action appealed was taken. An appeal stays all proceedings in furtherance of the action appealed from unless the officer from whom the appeal is taken certifies to the board of adjustment after the notice of appeal shall have been filed with him that by reason of facts stated in the certificate a stay would in his opinion cause imminent peril to life or property. Such proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board of adjustment or by a court of record on application on notice to the officer from whom the appeal is taken and on due cause shown. The board of adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing any party may appear in person or by agent or by attorney. (d) The board of adjustment shall have the following powers: (1) To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of this article or of any ordinance adopted pursuant thereto; (2) To hear and decide special exceptions to the terms of the ordinance upon which such board is required to pass under such ordinance; and (3) To authorize upon appeal in specific cases such variance from the terms of the ordinance as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of the ordinance will result in unnecessary hardship and so that the spirit of the ordinance shall be observed and substantial justice done. (e) In exercising the powers mentioned in subsection (d) of this section, such board may, in conformity with the provisions of this article, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination as ought to be made and, to that end shall have all the powers of the officer from whom the appeal is taken. The concurring vote of four members of the board shall be necessary to reverse any order, requirement, decision, or determination of any such administrative official or to decide in favor of the applicant on any matter upon which it is required to pass under any such ordinance or to effect any variation in such ordinance. (f) The board of adjustment shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called on by such writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified. (Acts 1935, No. 533, p. 1121; Code 1940, T. 37, §781; Acts 1963, No. 563, p. 1185; Acts 1965, No. 588, p. 1100; Acts 1971, No. 431, p. 1163.)

Ala. Code § 11-52-80.1 Board of Adjustment - Definitions; Membership; Reversing, Affirming or Modifying Decisions, Etc.; Terms of Planning Commission Members Terminated; Duties, Powers, Etc.

11-52-80.1. Board of Adjustment - Definitions; Membership; Reversing, Affirming or Modifying Decisions, Etc.; Terms of Planning Commission Members Terminated; Duties, Powers, Etc. (a) When used in this section, the words municipality, municipalities, and mayor shall have the meanings as provided for in Section 11-52-1. (b) The council of any Class 5 municipality with a city manager or mayor commission form of government may determine by ordinance that any board of adjustment of the municipality created pursuant to Section 11-52-80, shall consist of seven members: six regular members appointed by the council and representing as equally as possible the several districts, wards, or other areas of the municipality, to be determined by the council, and one regular member appointed by the mayor. (c) In exercising the powers in subsection (d) of Section 11-52-80, the board may reverse, affirm, or may modify the order, requirement, decision, or determination appealed from and may enter the appropriate order, requirement, decision, or determination and, to that end, shall have all the powers of the officer from whom the appeal is taken. The concurring vote of five members of the board shall be necessary to reverse any order, requirement, decision, or determination of an administrative official or to decide in favor of the applicant on a matter upon which the board is required to pass under any ordinance or to effect any variation in the ordinance. (d) Upon the adoption by the council of any Class 5 municipality with a city manager or mayor commission form of government of an ordinance adopting an alternate board of adjustment structure pursuant to this section, the terms of the incumbent members of any existing planning commission shall be terminated. (e) Unless specified otherwise in this section, the duties, powers, responsibilities, and procedures of any planning commission appointed pursuant to this section shall be as provided for in this chapter. (Acts 1997, No. 97-673, p. 1297, §§1-5.)

Ala. Code § 11-52-81 Board of Adjustment - Appeals to Circuit Court from Final Decision of Board of Adjustment.

11-52-81. Board of Adjustment - Appeals to Circuit Court from Final Decision of Board of Adjustment. (a) Any party aggrieved by any final decision of a board of zoning adjustment may appeal the final decision of the board by filing an appeal in the circuit court in the county where the board convenes. The aggrieved party shall first file a written notice of appeal with the board within 15 days after the final decision, specifying the decision from which the appeal is taken. Thereafter, the aggrieved party must file the appeal with the proper circuit court within 45 days after the final decision of the board and shall also serve the board with the appeal at the office of the city clerk. After an appeal has been filed in the circuit court, the board shall submit to the circuit court a certified copy of the minutes of the meeting of the board regarding the appealed case along with copies of any documents submitted to the board during the meeting concerning the appealed case. Minutes and other documents shall be submitted within 45 days after the board is served with the appeal, unless extended by order of the court. The action in the circuit court shall be tried de novo. If the appellant requests a certified written transcript of the proceedings, he or she will be responsible for paying the cost of the transcript. (b) The decision of the board shall remain in effect during the pendency of the appeal unless the circuit court grants a stay. In determining whether to grant a stay, the circuit court shall consider the appellant’s likelihood of success on the merits, whether there may be irreparable injury absent a stay, whether the stay will substantially injure any party to the proceeding, and whether a stay is in the public’s interest. (Acts 1935, No. 533, p. 1121; Code 1940, T. 37, §783; Act 2025-331, §1.)

Ala. Code § 11-52-82 Regulations, Ordinances, Etc., Imposing Higher Standards as to Height, Etc., of Buildings, Sizes of Lots, Etc., to Govern Where Conflict Between Regulations Authorized by Article and Other Statutes, Ordinances, or Regulations.

11-52-82. Regulations, Ordinances, Etc., Imposing Higher Standards as to Height, Etc., of Buildings, Sizes of Lots, Etc., to Govern Where Conflict Between Regulations Authorized by Article and Other Statutes, Ordinances, or Regulations. Wherever the regulations made under authority of this article require a greater width or size of yards or courts or other open spaces or require a lower height of buildings or a lesser number of stories or require a greater percentage of lot to be left unoccupied or impose other higher standards than are required in any other statute or local ordinance or regulation, the provisions of the regulations made under authority of this article shall govern. Wherever the provisions of any other statute or local ordinance or regulation require a greater width or size of yards, courts, or other open spaces or require a lower height of buildings or a lesser number of stories or require a greater percentage of lot to be left unoccupied or impose other higher standards than are required by the regulations made under authority of this article, the provisions of such statute or local ordinance or regulation shall govern. (Acts 1935, No. 533, p. 1121; Code 1940, T. 37, §784.)

Ala. Code § 11-52-83 Remedies for Construction, Repair, Use, Etc., of Buildings, Lands, Etc., in Violation of Article or Ordinance, Regulation, Etc., Adopted Under Authority of Article.

11-52-83. Remedies for Construction, Repair, Use, Etc., of Buildings, Lands, Etc., in Violation of Article or Ordinance, Regulation, Etc., Adopted Under Authority of Article. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained or any building, structure, or land is used in violation of this article or of any ordinance or other regulation made under authority conferred by this article, the proper local authorities of the municipality, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use, to restrain, correct, or abate such violation, to prevent the occupancy of such building, structure, or land or to prevent any illegal act, conduct, business, or use in or about such premises. (Acts 1935, No. 533, p. 1121; Code 1940, T. 37, §782.)

Ala. Code § 11-52-84 Article Not to Repeal, Modify, Etc., Existing Regulations, Restrictions, District Boundaries, or Ordinances.

11-52-84. Article Not to Repeal, Modify, Etc., Existing Regulations, Restrictions, District Boundaries, or Ordinances. Nothing contained in this article shall be held to repeal, modify, or change in any way any regulations, restrictions, boundaries, or ordinances now existing or in force in any incorporated city or town in this state, and this article shall not be held to repeal Sections 11-52-70 and 11-52-74, but said sections shall remain in full force and effect. (Acts 1935, No. 533, p. 1121; Code 1940, T. 37, §785.)

Ala. Code § 11-52-85 Pre-zoning of Territory Proposed for Annexation by Municipality.

11-52-85. Pre-zoning of Territory Proposed for Annexation by Municipality. (a) A municipality which exercises its authority to zone territory within its corporate limits may pre-zone territory proposed for annexation into the corporate limits of the municipality prior to the effective date of the annexation by complying with this article. If all the requirements, including all notice and public hearing requirements, of this article are met, the zoning shall become effective upon the date the territory is annexed into the corporate limits, or upon the date the zoning process is completed, whichever is later. (b) A municipality which exercises its authority to zone territory within its corporate limits shall pre-zone territory as provided in subsection (a) and issue a statement of zoning classification to an affected property owner if the individual property owner residing in the area to be annexed requests in writing that a zoning determination be made pursuant to this section prior to being annexed. (c) Any pre-zoning established by a municipality pursuant to this section for territory proposed for annexation shall be null and void as to any portion of the territory that is not annexed into the corporate limits within 180 days of the initiation of annexation proceedings as provided by law. (d) Nothing contained in this section shall allow a municipality to zone territory outside the corporate limits of the municipality that is not in the process of being annexed into the corporate limits of a municipality as provided by law. (e) Section 6-5-127 shall be applicable to any property pre-zoned pursuant to this section. (Act 2009-629, p. 1926, §1.)

Source: Alabama Legislature (alison.legislature.state.al.us)URL: https://alison.legislature.state.al.us/code-of-alabamaFetched: 10/20/2026