The 1923 Alabama Legislature passed Act 443 to give all municipalities in the state the authority to zone all territory located within their corporate limits. This Act is presently codified at Section 11-52-70, Code of Alabama 1975. Although zoning laws deprive property owners of absolute control over property, these same laws provide protection to property owners from nuisances which might otherwise be located near a person’s property and reduce the value of the property. The purpose of a municipal zoning ordinance is to divide a municipality into districts or zones according to suitability for particular uses and to regulate the erection, construction, reconstruction, alteration, repair or use of buildings, structures and land according to such districts. The goal is to lessen congestion in the streets; to provide safety from fire; to provide adequate light and air; to prevent overcrowding of land; to facilitate adequate provisions for transportation, water, sewage, schools, parks and other public requirements; and to conserve the value of buildings. Section 11-52-70, Code of Alabama 1975, authorizes municipalities to establish zoning districts and to provide for the “kind, character and use of structures and improvements that may be erected or made” in each of these districts. The Alabama Supreme Court held that: “The only limitation placed upon the power of municipalities to pass zoning ordinances is that such ordinances must be comprehensive in scope and purpose and not in conflict with the laws of the state or the state and federal constitutions.” (Emphasis added) Jefferson County v. Birmingham, 55 So.2d 196 (Ala. 1951). The comprehensive nature of a zoning plan was discussed in Johnson v. Huntsville, 29 So.2d 342 (Ala. 1947). In this case, the Alabama Supreme Court held that zoning ordinances which create a zone for residential purposes only and fail to zone the rest of the municipality are invalid. The court said that a zoning ordinance should include the whole municipality in a ‘comprehensive plan.’ According to the court, spot zoning and zoning piecemeal are not authorized. See also, AGO to Hon. C. B. Johnson, June 8, 1977
-Alabama League of Municipalities