Patio-garden home (PGH-35).
Montgomery City Code, App. C, art. VI, § 10.8
in effectSec. 10.8. - Patio-garden home (PGH-35).
a. No building permit shall be issued for patio homes and the board of adjustment shall not issue a special exception or variance involving patio homes, except upon a favorable or conditionally favorable report from the planning commission. Prior to issuing a favorable report, the planning commission shall seek the advice and recommendations of the planning controls division, and shall determine that the proposed patio homes are designed in such a manner as to be in harmony with the character of the surrounding neighborhood. Where conditions are attached by the planning commission, they shall be included as part of the building permit. If special exception or variances are involved, the board of adjustment shall not grant such exception except with the conditions attached by the planning commission, but the board may add conditions in granting approval.
b. It is the intent of this ordinance that patio homes in areas where they are or may be permitted:
(1) May be appropriately intermingled with other types of housing; shall constitute groupings making efficient, economical, comfortable, and convenient use of land and open space and serving the public purposes of zoning by means alternative to conventional arrangements of yards and building areas.
c. In line with general considerations above, the following site plan and design criteria are established:
(1) Not more than two contiguous patio homes shall be connected.
(2) Each patio home shall be constructed on its own lot, and shall be a minimum width of 35 feet at the building line, minimum lot area shall be 3,500 square feet.
(3) Each patio home lot shall have one side yard with a minimum of eight feet. Minimum depth of front yards shall be 20 feet. Minimum depth of rear yards shall be 15 feet. Side yards may be averaged but shall not be less than six feet. Fireplace and chimney may be placed in the side or rear yard setback, provided they do not project beyond the 30-inch permitted roof overhang and provided they do not restrict or obstruct any drainage or drainage easement, either existing or proposed.
(4) The required eight-foot side yard must be kept perpetually free of permanent obstructions, accessory structures, walls and fences without gates.
(5) Privacy fences or walls may be placed on or along any lot lines provided that such fences or walls are not constructed in such a manner as to block any local lot drainage and provided gates or other openings are provided that will not restrict access for fire protection. An eight-foot maximum height limit will be permitted for privacy fences or walls located on or along any required side or rear yard.
(6) Each patio home shall have on its own lot one yard containing not less than 525 square feet, reasonably secluded from view of streets or neighboring property.
(7) Maximum lot coverage permitted for the main dwelling shall be 100 percent of the permitted building area, not including coverage permitted for accessory buildings or structures.
(8) Off-street parking shall be provided at the rate of two spaces per dwelling unit and shall be located within the interior of the lot. Garages shall not be credited toward the parking requirements, if said garage is a part of the main dwelling or attached to the main dwelling.
(9) The exterior walls of the patio home, or any accessory structures located on the zero foot side yard setback shall not project over the property line. Roof overhang may penetrate maintenance and drainage easement of the adjacent lot a maximum of 30 inches, provided the roof shall be so designed that water runoff shall be restricted to the drainage easement area.
(10) No windows, doors, or other openings shall be permitted on the zero foot side line of any patio home unit. Where adjacent zero lot line dwellings are not constructed against or along a common lot line, a perpetual wall maintenance easement of three feet in width along and parallel to the adjacent lot shall be provided.
(11) Where adjacent zero lot line dwellings are not constructed against or along a common lot line, a perpetual drainage easement shall be provided, which shall be approved by the city engineering department. Fences and walls may be located on or along this easement, provided gates or other openings that will not block local lot drainage are maintained. A hold harmless agreement shall be required.
(12) The lot adjacent to the zero setback side yard must be under the same ownership at the time of initial construction (ensuring that a developer does not infringe on the property rights of owners of adjacent tracts) or a ten-foot side setback shall be required, provided the adjacent property is not zoned for patio homes or is not a permitted use in the adjacent zoning district.
(13) No accessory structures shall be erected in a required front, side, street side yard or open space. Accessory structures shall be permitted in the rear yard and shall not exceed 1½ stories in height and shall not cover more than 25 percent of the required rear yard, and shall be permitted a zero foot setback from the rear yard and side property lines and five feet from any other structure on the same lot. These requirements shall not apply to unattached open carports and garages.
(14) Unattached garages and carports shall be permitted in addition to the 25 percent coverage for accessory structures, but shall not exceed 600 square feet in area, and shall not be placed in any required front, side or street side yard or open space and shall not exceed 1½ stories in height and shall be permitted a zero setback from the rear and side property lines and five feet from any other structure on the same lot.
(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_S10.8PARDHOPGFetched: 11/8/2026