This ordinance shall be known as the "zoning ordinance," and the map herein referred to identified by the title "Zoning Map of Montgomery" and attested by the city clerk. The Zoning Map of Montgomery and all explanatory matter thereon is hereby adopted and made a part of this ordinance. Such map shall be filed in the office of the city clerk and shall show thereon the date of adoption of this ordinance. Said Zoning Map for downtown Montgomery is amended to include attached Map (Attachment A).

(Ord. No. 36-2007, § I, 5-1-2007)

For the purpose of this ordinance the City of Montgomery and its police jurisdiction is hereby divided into the types of districts designated as follows:

(Ord. No. 31-73; Ord. No. 69-83, § 1, 9-27-1983)

The boundaries of the above districts are hereby established as shown on the zoning map of the municipality. Unless otherwise shown in said zoning map, the boundaries of districts are lot lines, the centerlines of streets or alleys or such lines extended, railroad right-of-way lines or the corporate limit lines as they existed at the time of enactment of this ordinance.

Where uncertainty exists as to the boundaries of any district shown on said maps, the following rules shall apply:

a.

Where boundaries are indicated as approximately following street and alley lines or land lot lines, such lines shall be construed to be such boundaries.

b.

In unsubdivided property or tracts where a district boundary divides a lot, the location of such boundaries, unless same are indicated by dimensions, shall be determined by use of the scale appearing on such maps.

c.

Where a public road, street or alley is officially vacated or abandoned, the regulations applicable to the property to which it is reverted shall apply to such vacated or abandoned road, street or alley.

d.

Where boundaries are so indicated that they are approximately parallel to the centerlines or street lines or to the centerlines or alley lines of alleys or the centerlines or right-of-way lines of highways, such boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the zoning maps. If no distance is given, such dimension shall be determined by the use of the scale shown on the said maps.

e.

In case any further uncertainty exists, the board of adjustment shall determine the location of boundaries. The board of adjustment may also cause to be prepared sectional maps of any part of the city which will interpret the exact location of the district boundaries, following the guidelines contained in the preceding paragraphs.

In each district no other use other than the types specified as "permitted" shall be approved upon application to the administrative official. Uses specified as "permitted on appeal" are special exceptions, and uses specified as "restricted" are variances, and no permit shall be issued for such uses except with the written approval of the board of adjustment and subject to such conditions as said board may require to preserve and protect the character of the district.

(Ord. No. 69-83, § 1, 9-27-1983)

a.

Continuance. A lawful nonconforming use existing at the effective date of this ordinance may be continued, except as hereafter provided, although such use does not conform with the provisions of this ordinance.

b.

Extension and alteration. A lawful nonconforming use shall not be extended or structurally altered. The extension of a lawful nonconforming use throughout all portions of a building or structure existing at the effective date of this ordinance shall not be considered as the extension of a nonconforming use.

c.

Restoration to safe condition. Nothing in this ordinance shall prevent the restoration of any building or structure to a safe or sanitary condition when required by the proper authorities.

d.

Restoration after damages. No nonconforming building or structure other than a dwelling which has been damaged by fire or other causes to the extent of more than 60 percent of its current replacement value at the time of such damage shall be rebuilt or restored except in conformity with the provisions of this ordinance. If a nonconforming building is damaged less than 60 percent of its current replacement value, it may be rebuilt or restored and used as before the damage, provided that such rebuilding or restoration is completed within 12 months of the date of such damage.

e.

Abandonment. A nonconforming use other than dwellings of any number of units in residential zones which has been discontinued for a continuous period of one year shall not be re-established, and any future use shall be in conformity with the provisions of this ordinance.

f.

Changes in use. A nonconforming use which is changed to a conforming use or to another nonconforming use of a more restrictive classification shall not be permitted to revert to the original or less restrictive use.

g.

Discontinuance of nonconforming uses of land. The illegal nonconforming use of land shall be discontinued within two years from the effective date of this ordinance or within two years from the date the use becomes nonconforming, whichever is later, in each of the following cases:

(1)

Where no buildings are employed in connection with such use.

(2)

Where the only buildings employed are accessory or incidental to such use.

(3)

Where such use is maintained in connection with a conforming building.

(4)

Outdoor advertising signs, except that outdoor advertising signs may continue longer than two years at the discretion of the board of adjustment.

(h)[h.]

Discontinuance of illegal nonconforming uses and/or buildings. All illegal nonconforming uses or buildings involving buildings whose uses are first enumerated in any business and industrial districts and which are located in the R-125, R-100, R-85, R-75, R-65, R-60, or R-50 residential districts shall be discontinued according to the following schedule:

Cross reference— Buildings and building regulations, ch. 5.

In each district, each structure hereafter erected or altered shall be provided with the yards specified and shall be on a lot of the area and width specified in article VII. No open space or lot required for a building or structure shall, during its life, be occupied by or counted as open space for another building or structure.

Exceptions to the district requirements for building lots and yards follow:

a.

Where the owner of property at the time of adoption of this ordinance has a lot or lots of official record which have at least 25 feet frontage on at least one street and which may be substandard to the requirements of the district in which located according to this ordinance, the building and its accessory structures may be built provided the yard space and other requirements conform as closely as possible to the requirements of the district in which it is located according to the following table. (See table I.)

b.

No building shall be required to be set back more than the average of the setbacks of the existing buildings within 100 feet each side thereof, nor shall any building be any closer to the front property line than the average setback of existing buildings within 100 feet each side thereof.

TABLE I
MODIFICATION OF SIDE BUILDING LINES ON SUB-STANDARD
LOTS NOT CONTROLLED BY DEED AND/OR PLAT RESTRICTIONS

(Ord. No. 34-65; Ord. No. 3-66)

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.

In each district each structure hereafter erected or altered shall be provided with off-street automobile storage as specified in the district schedule, article VII. No off-street automobile storage space required for a building or structure shall, during its life, be occupied by or counted as off-street automobile space for another building or structure but may be included in the required yard space.

In each business and industrial district each structure hereafter erected or altered shall be provided with off-street loading and unloading facilities as specified in article VII.

It is the intent of this ordinance that there shall be but one main structure plus any permitted accessory structures on any lot used for residential purposes; also, that accessory structures shall not include living quarters, neither will sanitary facilities be permitted in accessory structures without the approval of the board of adjustment.

In the following named districts, any proposed development shall be preceded by submission of a plan showing the proposed development in detail, including all requirements listed elsewhere in this ordinance. In addition, applications for rezoning to one of the districts named below shall be accompanied by a preliminary development plan in the like manner.

Application for approval of a final development plan shall be accompanied by a check payable to the City of Montgomery, Alabama, or cash in the amount of $50.00 to defray the cost of processing.

(Ord. No. 31-73; Ord. No. 69-83, § 1, 9-27-1983)