Ala. Code
Code of Alabama

Ala. Code § 11-52-70 (2026)

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.

✓ official Alabama Legislature (ALISON) text, current July 2026
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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.)

Notes of Decisions
Cited in 11 cases (1 in the last 5 years), 1984–2024 · leading case: Ex parte Chesnut, 208 So. 3d 624 (Ala. 2016).
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Ex parte Chesnut, 208 So. 3d 624 (Ala. 2016). · cites it 2× “37, §§ 772-773 [now § 11-52-70 et seq., Ala.Code 1975]. This court in Marshall v.”
Town of Gurley v. M & N Materials, Inc., 143 So. 3d 1 (Ala. 2012). “See § 11-52-70, Ala.Code 1975. . See § 11-47-170, Ala.”
Martin v. Houston, 196 F. Supp. 3d 1258 (M.D. Ala. 2016). · cites it 2× “Ala. Code § 11-52-70 (authorizing municipal corporations within Alabama to divide territory for different uses).”
Swann v. Bd. of Zoning Adjustment, 459 So. 2d 896 (Ala. Civ. App. 1984). “, §§ 11-52-70 through -84, Ala.Code (1975).”
Brown v. Jefferson, 203 So. 3d 1213 (Ala. Civ. App. 2014). · cites it 3× “” Pursuant to §§ 11-52-70 and 11-52-80, the City of Huntsville enacted the ordinance expressly authorizing the board to attach conditions to variances: “In granting any variance, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with this…”
Bill Salter Advtg. v. City of Atmore, 2090639 (ala.civ.app. 10-22-2010), 79 So. 3d 646 (Ala. Civ. App. 2010). “Code 1975, § 11-52-70 (granting to municipalities the power to exercise zoning power).”
Ex Parte City of Jacksonville, 693 So. 2d 465 (Ala. 1996). “Section 11-52-70, Ala.Code 1975 provides: "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…”
Ex Parte City of Huntsville, 684 So. 2d 123 (Ala. 1996). “interest is evident from the legislation: "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…”
Gibbons v. Town of Vincent, 124 So. 3d 723 (Ala. 2012). · cites it 2× “Specifically, Gibbons alleges that the Town did not satisfy the notice requirements of the statutes that give municipal corporations in Alabama the power to enact zoning ordinances and that set out the requirements for enacting such ordinances, § 11-52-70 et seq., Ala.Code 1975…”
City of Helena v. Pelham Bd. of Educ. & Rick Rhoades, Angie Hester, Bob O'Neil, Robert Plummer, Sharon Samuel, & Chuck Ledbetter, in their Off. capacities as officers &/or members of the Pelham Bd. of Educ. (Appeal from Shelby Circuit Court: CV-21-900714). (Ala. 2024). · cites it 2× “The residents responded by arguing, among other things, that "the city had the authority to enact zoning ordinances regarding the location for public schools pursuant to its general zoning powers under § 11-52-70, Ala. Code 1975 (which grants municipalities the authority to…”
Shades Mountain Plaza, L.L.C. v. City of Hoover, 886 So. 2d 829 (Ala. Civ. App. 2003). · cites it 2× “Code 1975, the Legislature has authorized municipal corporations to engage in the zoning of real property located within their corporate limits by the municipality: “Each municipal corporation in the State of Alabama may divide the territory within its corporate limits into…”
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