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FAQs

Planning & Zoning

What is the zoning of my property?

The zoning of each lot in the city may be determined by locating the lot on the city’s zoning map.  Click on the lot in question and refer to the triggered dialog box for zoning (see top of dialog box).  Once the zoning of the lot is determined, look at the allowable development regulations for said zoning district in the zoning code.

May I annex my property into the city of Mountain Brook?

The property in question must be contiguous to another Mountain Brook property, and must also meet minimum qualifications.  The contact person for this information is Steven Boone, City Clerk (205/802-3825 or boones@mtnbrook.org).

May I subdivide my property into 2 or more lots?

Once the zoning of the lot is determined, refer to the zoning code to determine the minimum lot size, minimum road frontage, and minimum lot width for the zoning district associated with said lot.  Refer back to the zoning map to utilize the measurement tool to determine approximate lot size, road frontage, and lot width.  If the lot in question has a structure on it, no newly proposed lot line may render the structure non-conforming with regard to required minimum setbacks.  An application may be made to the planning commission to request a resurvey.  See the deadline/hearing schedule for deadline and meeting dates.  It is recommended that you verify zoning and minimum development standards with the city planner prior to making application. 

What are the regulations governing accessory structures?

Detached accessory structures have two sets of standards.  One set of regulations governs accessory structures that are less than 625 square feet in area and less than 25 feet high.  The other set of regulations governs accessory structures that exceed 625 sf or 25 feet in height.  See Article XIX, Section 129-314 of the zoning code.

May I have a swimming pool on my lot?

Swimming pools are only permitted to the rear of a home (not in a front or side yard).  See Section 129-318 of the zoning code for specific setbacks.  Also, bear in mind that a swimming pool counts toward the maximum impervious area coverage of your lot, which may be 30% or 35%, depending on your specific zoning.  

May I operate a business from my home?

In most instances, yes.  Article XXIII of the zoning code outlines the parameters under which a home occupation is allowable.  The goal of this ordinance is such that the primary use of the house is as a residence, no more than 20% of the house may be devoted to a home occupation.

May I keep horses on my property?

Horses may be permitted on property zoned Estate District, in accordance with the provisions of Section 129-71.

I am interested in leasing a commercial space in one of the villages. What type of business may be established?

The zoning of each lot in the city may be determined by locating the lot on the city’s zoning map.  Click on the lot in question and refer to the triggered dialog box for zoning (see top of dialog box).  Once the zoning of the lot is determined, look at the allowable uses and development regulations for said zoning district in the zoning code.  A variety of retail, service and office uses may be permitted in the city’s commercial districts; some may be permitted out-right; others may require special approval by the city council.

I am opening a new business in one of the villages. Are there regulations governing signs and banners?

Chapter 121 of the city’s municipal code governs the use of signs and banners.  Special event banners are limited to 21 calendar days per year, per entity (with the exception of a “free period” between Thanksgiving and New Year’s Day.  Banner permits are issued via email.  Permanent signs require approval of the Village Design Review (VDR) Committee and require a permit.  See the application for sign approval/permit, as well as the deadline/hearing schedule for the VDR Committee.  

I have received a certified letter informing me of a public hearing on property in my neighborhood, what does this mean?

It may mean a petition has been made to request rezoning (a different use) of the property, a subdivision of the property, or a variance from required zoning regulations. Any further information may be obtained by calling 802-3816, referring to the web link at the bottom of the legal notice you received, or by attending the scheduled meeting advertised on the legal notice.

I want to make my opinion known on a current zoning, subdivision or variance request; when/how may I do that?

Attend the scheduled public hearing, or write a letter to the appropriate board (send via email to Dana Hazen at hazend@mtnbrook.org or call 802-3816 for more information.

Why does the city send public notices via certified mail?

Alabama state regulations require the city to notify property owners of record (according to the latest County Tax Assessor Records) for hearings involving subdivision, resurvey, variance and rezoning.  The state requires these notices to be mailed via certified mail.  For convenience, the department of PB&S also uploads all land development case material to the city’s website.  See agendas for planning commission and board of zoning adjustment by date.