a.

Uses permitted:

(1)

Public utilities (but not including power and gas substations and pumping stations).

(2)

Public buildings of a governmental nature, including public schools and libraries.

(3)

Recreational facilities, including parks, playgrounds, stadiums, etc.

(4)

Accessory structures.

(5)

Home occupations.

b.

Uses permitted on appeal:

(1)

Public utilities, not otherwise specified, including power and gas substations and pumping stations.

(2)

Public buildings of a proprietary nature.

(3)

General hospitals for humans (including nursing homes).

(4)

Semipublic buildings and uses, including private schools and churches.

c.

Minimum yard size (public and semipublic buildings). Structure shall not be nearer than 35 feet to any property line.

d.

Maximum height (public and semipublic buildings). No limit.

e.

Off-street automobile parking:

(1)

Church, auditorium, stadiums, and similar uses: One parking space for each five seats.

(2)

Schools: Five parking spaces for each school room.

(3)

Hospitals: One space for each three beds.

(4)

Other uses permitted in article VII, section 1, shall be provided parking spaces as determined by the board of adjustment.

f.

Off-street loading and unloading. See article VI, section 5.

(Ord. No. 13-64; Ord. No. 31-73)

Very Low Density R-125, R-100, R-85

Class.

"A" Single-family dwellings.

"B" Residential structures containing two family units.

"C" Residential structures containing two, three or four family units.

"D" Apartments for any number of families.

"E" Lodges and clubs, not operated for a profit; offices; hotels.

"F" Agriculture and poultry and livestock raising, but not including the operation of chicken brooder houses, and provided no structure, pen or corral housing animals is located closer than 200 feet to any property line.

"G" Any commercial or industrial use not specifically permitted.

R-75-s, R-75-d, R-75-m

Class.

"A" Single-family dwellings.

"B" Residential structures containing two family units.

"C" Residential structures containing two, three or four family units.

"D" Apartments for any number of families.

"E" Lodges and clubs, not operated for a profit; offices; hotels.

"F" Agriculture, poultry, and livestock raising, but not including the operation of chicken brooder houses; and provided no structure, pen or corral housing animals be located closer than 200 feet to any property line.

"G" Any commercial or industrial use not specifically permitted.

"H" Townhouses.

R-65-s, R-65-d, R-65-m

Class.

"A" Single-family dwellings.

"B" Residential structures containing two family units.

"C" Residential structures containing two, three or four family units.

"D" Apartments for any number of families.

"E" Lodges and clubs, not operated for a profit; offices; hotels.

"F" Agriculture, poultry, and livestock raising, but not including the operation of chicken brooder houses; and provided no structure, pen or corral housing animals be located closer than 200 ft. to any property line.

"G" Any commercial or industrial use not specifically permitted.

"H" Townhouses.

R-60-s, R-60-d, R-60-m, R-60-a

Class.

"A" Single-family dwellings.

"B" Residential structures containing two family units.

"C" Residential structures containing two, three or four family units.

"D" Apartments for any number of families.

"E" Lodges and clubs, not operated for a profit; offices; hotels.

"F" Agriculture, poultry, and livestock raising, but not including the operation of chicken brooder houses; and provided no structure, pen or corral housing animals be located closer than 200 ft. to any property line.

"G" Any commercial or industrial use not specifically permitted.

"H" Townhouses.

Note: Minimum distance between main structures shall be 15 feet.

R-50 District

Class.

"A" Single-family dwellings.

"B" Residential structures containing two family units.

"C" Residential structures containing two, three or four family units.

"D" Apartments for any number of families.

"E" Lodges and clubs, not operated for a profit; offices; rooming and boarding houses; hotels; parking lots.

"F" Agriculture and poultry and livestock raising, but not including the operation of chicken brooder houses, and provided no structure, pen or corral housing animals is located closer than 200 feet to any property line.

"G" Any commercial or industrial use not specifically permitted.

Note: Minimum distance between main structures—14 feet.

Mobile Dwelling Park R-99-p, Mobile Dwelling Subdivision R-99-s

Class:

"A" Mobile dwellings.

"B" Office and service uses associated with the operation of mobile dwelling parks.

"C" Accessory structures, self-service laundries.

"D" Lodges and clubs, not operated for a profit.

"E" Any use or structure not specifically permitted.

"F" Travel trailer parks, in areas designated for travel trailer parks.

*In no case shall a mobile dwelling be placed on a lot less than three times the area of the mobile dwelling.

**This requirement applies only to subdivisions with a total area greater than five acres.

Townhouse R-24-t, R-20-t

Class:

"A" Single-family dwellings, townhouse, and patio-garden homes.

"B" Residential structures containing two, three, or four units; requirements in accordance with regulations for R-20-t & R-24-t (townhouse) districts.

"C" Residential structures containing two, three, or four units; requirements in accordance with regulations for R-65-m residential district.

"D" Residential structures containing two, three, or four units; requirements in accordance with regulations for R-60-m residential district.

"E" Apartments for any number of families.

"F" Lodges and clubs, not operated for profit. Membership must be limited to residents of the immediate area.

"G" Any use not specifically permitted.

Note: See article VI, section 10.1 for additional requirements applying to townhouses in all zones.

PUD Planned Unit Development

Classes of structures permitted:

Single-family dwellings.

Residential structures containing two, three, or four family units.

Apartments for any number of families.

Townhouses.

Classes of structures permitted with specific recommendation of the planning commission:

Restaurants; stores selling food, general merchandise, apparel, furniture, houseware and household wares, drugs and sundries, jewelry, gift items, flowers, sporting goods, and similar types; small dry cleaning and laundry pick-up stations, barber and beauty shops, shoe repair, banks, post offices, offices, and similar services.

Lodges and clubs, not operated for profit.

Business or professional offices, public buildings, hospitals for humans, veterinary offices and/or hospitals, nursing homes.

Nurseries or kindergartens.

Classes of uses permitted on appeal:

Due to the flexibility and range of authority granted the planning commission in the review and approval of planned unit developments and as planned unit developments are to be developed in accordance with a unified, comprehensive plan that shall provide for all appropriate uses and structures, in planned unit development districts the powers of the board of adjustment shall be limited to the granting of variances as to yard and height requirements and signs where permitted, and shall not include the power to grant special exceptions.

Classes of structures or uses prohibited:

Any commercial, industrial, or agricultural use not specifically permitted by the planning commission when granting final approval of PUD.

Mobile dwellings.

Minimum area:

The minimum area required to qualify for a PUD district shall be not less than 15 contiguous acres of land.

Ownership:

The tract of land for a PUD must be either in one ownership or the subject of an application filed jointly by the owners of all the properties included (the holder of a written option to purchase land shall, for purposes of such application, be deemed to be an owner of such land).

Location of PUD district:

This district shall be applicable to any area of the city or the police jurisdiction thereof where the applicant can demonstrate that the characteristics of his holdings will meet the objectives of the PUD district as stated in article VI of this ordinance.

Land use and density:

Because land is used more efficiently in PUD Districts, improved environmental quality can often be produced with greater number of dwelling units per net acre than usually permitted in traditionally zoned residential districts. The city planning commission, with the technical advice and assistance of the department of planning and development, shall determine in each case the appropriate land use pattern and dwelling unit density for individual projects, including the amount of land to be reserved for common open space and/or recreational uses. These determinations shall be completely documented and justified.

[PUD Planned Unit Development PGH-35, PGH-40]

Class:

"A" Single-family dwelling, patio-garden homes.

"B" Apartment for any number of families.

"C" Lodges, and clubs, not operated for a profit; offices, hotels.

"D" Any commercial or industrial use not specifically permitted.

*An eight-foot minimum side yard for one side of each patio home unit shall be required.

**A ten-foot minimum side yard for one side of each patio home unit shall be required.

Note: See article VI, sections 10.7 and 10.8 for additional requirements applying to patio homes in all zones.

Note: Buildings housing clubs, lounges, taverns, dance halls, musical entertainment facilities and other similar places of assembly, which serve alcoholic beverages on premise (excluding restaurants) as defined in Chapter 3, Section 3-1 of the Code of Ordinances of the City of Montgomery, Alabama, the minimum setback for structures shall be 250 feet from any residential district boundary or planned unit development residential boundary (based on approved master plan). The distance for setback shall be measured from the closest door of the building, or closest door of a tenant space in a multi-tenant building, to any residential or PUD residential district line. Facilities operating prior to the adoption of this ordinance shall be considered legal non-conforming.

(Ord. No. 13-64; Ord. No. 31-73; Ord. No. 69-83, § 1, 9-27-1983; Ord. No. 17-2014, § 1, 3-4-2014; 79-2017, 9-5-2017)

Central Business B-1-a, B-1-b

Class:

"A" Stores selling food, general merchandise, apparel, furniture, house wares and household wares, drugs and sundries, jewelry, gift items, flowers, sporting goods, and similar types; small dry cleaning and laundry pick-up stations; barber and beauty shops; shoe repair; offices, banks, post offices, and similar services; and dwellings for any number of families. A mixed use is allowed for dwellings for any number of households and other permitted uses in this district on the same parcel of land.

"B" Automobile filling stations*, drive-in eating places, motels, automobile repair.

"C" Any retail business or service not specifically prohibited herein; places of amusement and assembly, hotels, and outdoor advertising structures.

"D" Large dry cleaners and laundries; wholesale business, manufacturing incidental to a retail business where articles are sold at retail on the premises, not specifically prohibited herein.

"E" Animal clinics, hospitals or kennels; coal yards, rag storage and baling.

"F" Industrial uses not specifically permitted herein.

*Set-back requirements for pump islands at service stations is at least ten feet from all property lines.

**Off site parking may be provided to meet this requirement, provided previous approval is obtained from the planning commission.

Individual Stores B-2, Highway Commercial B-3

Class:

"A" Stores selling food, general merchandise, apparel, furniture, housewares and household wares, drugs and sundries, jewelry, gift items, flowers and sporting goods, and similar types; small dry cleaning and laundry pickup stations, barber shops and beauty shops, shoe repair, offices, banks, post offices and similar services.

"B" Automobile filling station*, drive-in eating places, motels, automobile repair.

"C" Any retail or wholesale business or services not specifically restricted herein; places of amusement and assembly, hotels, outdoor advertising structures.

"D" Large dry cleaners and laundries; manufacturing incidental to a retail business where articles are sold at retail on the premises, not specifically restricted herein, animal clinics, hospitals or kennels.

"E" Coal yards, rag storing and baling.

"F" Any industrial use not specifically permitted.

"G" Travel trailer parks.

*Setback requirements for pump islands at service stations located in B-2 district shall be at least ten feet from all property lines, and in the B-3 district they shall be at least 20 feet from all property lines, and no part of any sign or canopy shall be closer to the street property lines than ten feet.

Note: Buildings housing clubs, lounges, taverns, dance halls, musical entertainment facilities and other similar places of assembly, which serve alcoholic beverages on premise (excluding restaurants) as defined in Chapter 3, Section 3-1 of the Code of Ordinances of the City of Montgomery, Alabama, the minimum setback for structures shall be 250 feet from any residential district boundary or planned unit development residential boundary (based on approved master plan). The distance for setback shall be measured from the closest door of the building, or closest door of a tenant space in a multi-tenant building, to any residential or PUD residential district line. Facilities operating prior to the adoption of this ordinance shall be considered legal non-conforming.

Local Shopping B-4, Community Shopping B-5

Class:

"A" Stores selling food, general merchandise, apparel, furniture, housewares and household wares, drugs and sundries, jewelry, gift items, flowers and sporting goods, and similar types; small dry cleaning and laundry pickup stations, barber shops and beauty shops, shoe repair, offices, banks, post offices and similar services.

"B" Automobile filling station*, drive-in eating places, motels, automobile repair, small dry cleaners, self-service laundry; outdoor advertising structures.

"C" Any retail or wholesale business or services not specifically restricted herein; places of amusement and assembly, hotels.

"D" Large dry cleaners and laundries; manufacturing incidental to a retail business where articles are sold at retail on the premises, not specifically restricted herein.

"E" Animal clinics, hospitals or kennels, coal yards, rag storage and bailing.

"F" Any industrial use not specifically permitted.

*In a B-4 or B-5 district a canopy may extend to within ten feet of the street right-of-way line; no part of any sign shall be closer to the street right-of-way line than ten feet; setback requirements for pump islands at service stations in a B-4 or B-5 district shall be at least 20 feet from all property lines.

Note: Buildings housing clubs, lounges, taverns, dance halls, musical entertainment facilities and other similar places of assembly, which serve alcoholic beverages on premise (excluding restaurants) as defined in Chapter 3, Section 3-1 of the Code of Ordinances of the City of Montgomery, Alabama, the minimum setback for structures shall be 250 feet from any residential district boundary or planned unit development residential boundary (based on approved master plan). The distance for setback shall be measured from the closest door of the building, or closest door of a tenant space in a multi-tenant building, to any residential or PUD residential district line. Facilities operating prior to the adoption of this ordinance shall be considered legal non-conforming.

(Ord. No. 13-64; Ord. No. 4-66; Ord. No. 22-67, § 1; Ord. No. 44-68, § 1; Ord. No. 31-73; Ord. No. 69-83, § 1, 9-27-1983; Ord. No. 84-2002, § 1, 12-17-2002; Ord. No. 42-2003, § 1, 6-3-2003; Ord. No. 17-2014, § 1, 3-4-2014)

Light Industry M-1, Industrial Park M-2, General Industry M-3

CLASS:

"A" Light industrial operations not obnoxious, offensive, or detrimental to neighboring property by reason of dust, smoke, vibration, noise, odor, or effluents; and including the following types of businesses or industry: ice cream plants and creameries; cold storage plants, ice plants, bottling and central distribution plants; baking plants; textile mills; dyeing plants; warehouses; large dry cleaners and laundries; trucking terminals and similar types; quarters for a watchman, and data center.

"B" Animal clinic, hospital or kennels; coal yard; lumber yard or mill; auto wrecking; gasoline, oil, gas, or alcohol storage above ground in excess of 500 gallons; grist or flour mill; scrap paper, rag storage or baling conducted entirely within a structure.

"C" Any industrial or industrial service use, except those which in the opinion of the Building Inspector would cause noise, smoke, gas, vibration, fumes, dust, or other objectionable conditions which affect a considerable portion of the City.

"D" Any use permitted in a B-2 district.

"E" Slaughter house; stockyard; bag cleaning; central mixing plant for cement, mortar, plaster, or paving material curing; tanning or storage of hides; distillation of bones, coal, tar, or woods; fat rendering; forge plant; manufacture of acetylene, acid, alcohol, ammonia, bleaching powder, brick, pottery, terra cotta or tile, concrete blocks, candles, disinfectants, dyestuffs, fertilizers, illuminating or heating gas including storage, paint, turpentine, varnish, soap, and tar products; wool pulling or scouring; junk yards; cotton waste reclaiming; and auto salvage yards.

No part of any sign shall be closer to the street property lines than ten ft. and shall not exceed 45 ft. in height.

NOTE: Buildings housing clubs, lounges, taverns, dance halls, musical entertainment facilities and other similar places of assembly, which serve alcoholic beverages on premises (excluding restaurants) as defined in chapter 3, section 3-1 of the Code of Ordinances of the City of Montgomery, Alabama, the minimum setback for structures shall be 250 ft. from any residential district boundary or planned unit development residential boundary (based on approved master plan). The distance for setback shall be measured from the closest door of the building, or closest door of a tenant space in a multi-tenant building, to any residential or PUD residential district line. Facilities operating prior to the adoption of this ordinance shall be considered legal nonconforming. (Applies to M-1 and M-3 Districts only).

(Ord. No. 31-73; Ord. No. 42-2003, § 1, 6-3-2003; Ord. No. 17-2014, § 1, 3-4-2014; Ord. No. 40-2014, § 1, 7-1-2014; Ord. No. 48-2015, § 1, 9-1-2015; Ord. No. 32-2023, § 1, 8-1-2023)

Office Complex O-0, Office Complex O-1, Office Complex O-2

Class:

"A" Business or professional offices; public buildings; hospitals, (for humans) nursing homes, signs for identification, provided they do not exceed 32 square feet in area nor six feet in height and are illuminated only be a nonoscillating, concealed light source.

"B" Parking lots.

"C" Lodges and clubs, not operated for a profit, rooming and boarding houses.

"D" Hotels and motels.

"E" Coffee shops, barber shops, pharmacy of similar service facility, as an adjunct to class "A" or "D," provided entrance to such facilities is in the interior of the building only.

"F" Any business use not listed above. "G" Any industrial use.

Note: Office complex O-0 shall be permitted in O-1 and O-2 districts and shall be subject to the requirements in article VI, section 10.10.

Note: See article VI, section 10.10, for additional requirements applying to office complex O-0 in all office zones.

The term "prohibited" shall be replaced throughout this ordinance by the term "restricted" as defined in article I, section 5, "uses."

(Ord. No. 13-64; Ord. No. 31-73; Ord. No. 69-83, § 1, 9-27-1983)

Institutional

Classes of structures or uses permitted:

"A"

Public buildings and uses.

"B"

Semi-public buildings and uses including private schools; YMCA and YWCO facilities; hospitals and nursing homes; colleges, country clubs, golf courses, and churches; together with all structures normal and incidental to such institutions.

Classes of uses permitted on appeal:

Corrections related housing and facilities including prisons, jails, halfway houses, or group housing for any corrections related purpose including community based corrections or treatment for inmates, parolees, convicts, or end of sentence convicts.

The board of adjustment shall determine on appeal that (1) such facilities are located to avoid adverse impact on residential districts or neighborhoods, educational facilities, churches or religious facilities and child care facilities; (2) such facilities are located to avoid an over-concentration of corrections-related facilities in a particular neighborhood or region of the city; and (3) such facilities will include adequate off-street parking and loading spaces to ensure that the facility's parking and loading demands do not spill over on to local streets or otherwise overburden surrounding streets or cause undue congestion. Unless alternative parking and loading plans are expressly approved by the board of adjustment based on reliable projections of actual parking and loading demands of the subject facility, the minimum off-street parking requirement for corrections related facilities shall be one space for each three beds (based on maximum legal occupancy). The off-street loading requirement for corrections related facilities shall be one space for facilities between 10,000 sq. ft. and 25,000 sq. ft.; two spaces for facilities between 25,000 sq. ft. and 60,000 sq. ft.; and a total of three spaces for facilities exceeding 60,000 sq. ft. (all measurements represent gross floor area).

Upon its approval or disapproval, the Board of Adjustment shall refer the matter to the City Council for final action.

Classes of structures or uses restricted:

Any residential, business, or industrial use not specifically permitted herein.

Off-street parking requirements: Same as requirements for article VII, section 1.

(Ord. No. 36-68, § 1; Ord. No. 40-2007, § 1, 6-5-2007)

Agricultural Areas

Residential Agriculture: AGR-1

General Agriculture: AGR-2

Class:

"A" General farming, including horticulture, dairying, livestock and poultry raising and other similar uses.

"B" Single family dwellings.

"C" Aircraft landing fields, including hangars and equipment; cemeteries; non-profit clubs.

"D" Lodges, summer camps, lodging and boarding houses.

"E" Roadside stands for use in selling products of a farm.

"F" Manufacturing, storage and processing of natural resources indigenous to the area; drag strips and race tracks.

"G" Any business or industry use not listed above.

"H" Individual mobile dwellings.

(Ord. No. 49-65; Ord. No. 31-73; Ord. No. 64-2005, § 1, 9-20-2005)

The following regulations shall apply in all W-R districts.

Uses permitted.

(1)

Boat docks, slips, piers, wharves, anchorage and moorages for yachts and pleasure boats.

(2)

Yacht clubs.

(3)

Boat rentals, boat livery and boats for hire.

(4)

Boat and marine motor sales and display, yacht broker, marine insurance broker.

(5)

Boat and marine motor service and repair while boats are in the water.

(6)

Retail sale of boating, fishing, diving and bathing supplies and equipment.

(7)

Restaurants and refreshment stands.

(8)

Seaplane base.

(9)

The following use if approved as a conditional use:

(a)

Fishing pier.

(10)

Other uses: Other uses or enterprises similar to the above which, in the judgment of the zoning supervisor of the building department, are similar to and not more objectionable to the general welfare than the uses listed. "Other uses" so determined shall be regarded as "listed uses." In no instance, however, shall the zoning supervisor determine nor the regulations be so interpreted that a use shall be permitted in a district when such use is specifically listed as first permissible in a less restricted district.

Uses prohibited in this district:

(1)

Drydocks and shipyards.

(2)

Commercial fishing boats.

(3)

Fish houses, canning, smoking or curing of fish.

(4)

Wholesale or retail sale of fish and seafoods.

(5)

Marine warehouse or freight terminal.

(6)

Dwellings except as accessory to a permitted use.

Height. No building or structure shall be erected or altered to a height exceeding two stories (Said two stories not to exceed 35 feet).

Area. There shall be no required area or width of lot.

Yards. There shall be provided a front yard of not less than 20 feet for any plot having dedicated street frontage.

Uses permitted:

(a)

Public utilities, including power and gas substations and pumping stations.

(b)

Radio and television stations and towers.

(c)

Public buildings.

Minimum yard size. Structures or towers shall not be nearer than 50 feet to any property line.

Off-street parking. Radio or television stations: 300 square feet of parking space per each 100 square feet of building area.

A.

Classes of structures or uses permitted.

(1)

Agriculture, poultry and livestock raising and kennels, together with such single-family dwellings as are occupied by the farm owner or resident farm workers, provided no structure housing animals is located closer than 200 feet to a residential district boundary.

(2)

Accessory uses.

(3)

Outdoor advertising sign, except facing a residential district.

(4)

Public utility structures and facilities.

(5)

Public uses.

B.

Classes of structures permitted on appeal. Commercial recreational facilities involving only light frame structures primarily for purposes of shelter and equipment storage.

(Ord. No. 38-63, art. 7, § 10; Ord. No. 31-73)

1.

Purpose. The purpose of the "Q" (Qualified District) is to provide for regulation of commercial, manufacturing or residential uses of land and structures in order that uses and development of said land, buildings and structures will be harmonious and compatible with and not have an undesirable or detrimental impact on surrounding development. The purpose of this Section is also to protect the public welfare and the property value of surrounding property by securing an appropriate development that is in harmony with the objectives of the City of Montgomery Master Plan as adopted by the Montgomery Planning Commission.

2.

Zone Districts that may be Combined with a "Q" (Qualified) District. Rezonings for a "Q" (Qualified) District must be combined with another zone district and may not be requested which is not so combined with another district. Rezonings for a "Q" (Qualified) District may not be combined with PUD, R-125, R-100, R-85, R-75-s, R-75-d, R-65-s, R-65-d, R-60-s, R-60-d, R-50, R-24-t, R-20-t, PGH-35 and PGH-40 Zoning Districts.

3.

Uses permitted in a "Q" (Qualified) District. The uses permitted in a "Q" (Qualified) District shall be limited to those set out in the rezoning ordinance passed by the City Council, except that any such use(s) shall be permitted in the district this is qualified.

4.

Standards that may be Required in a "Q" (Qualified) District. In addition to permitted uses as set forth in subsection 3 above, the "Q" (Qualified) rezoning ordinance passed by council may impose standards on the subject property with respect to buffers, ingress and egress, development plans, drainage, and environmental plans as well as other considerations that may be necessary to make the proposed development compatible with surrounding development. All applicable limitations and/or standards within the "Q" (Qualified) District shall be considered to apply permanently to the specific uses permitted in said zone.

5.

Expiration of development plan. (time limit on development). In the event that construction, in accordance with a development plan (when required) is not begun within two years from the date of approval by the city council of the "Q" Qualified District, said development plan shall become null and void.

6.

Amendments to "Q" (Qualified) District.

1.

In the event that more permitted uses than those set forth in the "Q" (Qualified) District rezoning ordinance passed by council are desired for the subject property, the city council will, after proper notification, hold a public hearing on the matter to determine its validity.

2.

Applicants for amendments pertaining only to standards, which may be required as set forth in subdivision 4 above, need only be presented to and approved by the planning commission.

(Ord. No. 41-2003, § 1, 6-3-2003)