Huntsville Connect Customer Service assigned this issue to Huntsville Zoning

Zoning Administration is going to look into this issue and respond shortly. Thank you for bringing this to our attention.

Below is a photo "before" the shed was erected.

Aerial view of property showing shed location is not in the backyard as the property owner was told by the city when they issued the building permit.

2nd Aerial view.

What is the expected response date from Zoning on this issue?

“For this property, Gaslight Way is considered the primary front yard and Appletree Court is considered the secondary front yard. Bankhead Parkway would not be considered a front yard; rather, it would be considered a side yard. The location of the shed is well beyond the front yard setback from Gaslight Way’s property line. The location of the shed complies with the Zoning Ordinance as it meets the setbacks of the required side yard. Please let us know if we can assist you further. Thank you.

For this property, Gaslight Way is considered the primary front yard and Appletree Court is considered the secondary front yard. Bankhead Parkway would not be considered a front yard; rather, it would be considered a side yard. The location of the shed is well beyond the front yard setback from Gaslight Way’s property line. The location of the shed complies with the Zoning Ordinance as it meets the setbacks of the required side yard. Please let us know if we can assist you further. Thank you.

Oh. The zoning code doesn't say not in "any side yard", rather not in "any required side yard". So... what's the difference?

The "required side yard" is regulated by Zoning Administration. Accessory structures can go in the side yard. The Zoning setbacks have been met for this accessory structure. Please let us know if we can assist you further. Thank you.

Ok, so now it's established that 1.) the shed is well beyond the front yard "setback" from Gaslight Way and 2.) the shed is sitting in the "required side yard" on the Bankhead Parkway side of the lot.

The Zoning Department states the shed complies with the Zoning Ordinance because it meets the setbacks for a required side yard. Whether or not the shed is within setbacks for a required side yard is immaterial when the plain language of the ordinance clearly states in the first sentence "accessory structures are not allowed in "any" required side yard" within the city limits of Huntsville, AL

Please be as specific as possible and help me, and other concerned neighbors, understand why the Zoning Department's decision is contrary to the Zoning Ordinance in this respect. Below is the citation from the Zoning Ordinance.

73.8 - Location of Accessory Structures on Residential Lots
Accessory structures in residential districts and on any lot used primarily for
residential purposes shall conform to the following regulations:

73.8.1 No accessory structure shall be erected in any front yard or any
required side yard except underground fallout shelters provided
for under Section 73.2 hereof. Accessory structures shall not
exceed two (2) stories in height and shall not cover more than
thirty percent (30%) of any required rear yard and shall be at least
five (5) feet from all lot lines and ten (10) feet from any other
structure on the same lot. (09-1053, 11-899)
73.8.2 On corner lots, detached residence accessory structures (except
underground fallout shelters) shall not be located closer to a street
than the minimum building line.

As stated in Article 73.8 of the Zoning Ordinance, the side and rear yard setbacks for an accessory structure is 5 feet from the property line. The term "any required side yard setback" means that accessories structures shall be no closer than five feet from the side yard property line. Because the property line adjacent to Bankhead Parkway is considered a side yard, the accessory structure can be located 5 feet from the property line. The location of the accessory structure is compliant based on our regulations. Should you need further clarification, please do not hesitate to contact Zoning Administration at 256-564-8008. Thank you.

The language of the ordinance states up front, "No accessory structure shall be erected in any front yard or any side yard except fall out shelters." The sentences that follow that statement do not pertain to accessory structures in "required side yards" because the language has already clearly excluded accessory structures erected in any front or side yard. It also does not state sheds within setbacks are okay to be erected in side or front yards. It clearly states, No accessory structure shall be erected in any front yard or any side yard" . Therefore, the location of the structure is not complaint, unless somebody changed the rules without publishing an update.

Revised: The language of the ordinance states (in the first sentence), "No accessory structure shall be erected in any front yard or any side yard except fall out shelters." The sentences you are quoting back to me do not pertain to accessory structures in "required side yards" because the language has already clearly excluded accessory structures erected in any front or side yard. It also does not state sheds within setbacks are okay to be erected in side or front yards. It clearly states, NO accessory structure shall be erected in any front yard or any side yard" . Therefore, the location of the structure is not complaint, unless somebody changed the rules without publishing an update.

The Zoning Ordinance that is available online and in our office is current. The language of the Zoning Ordinance states, "No accessory structure shall be erected in any front yard or any 'required' side yard except underground fallout shelters provided for under Section 73.2 hereof." The language then goes on to explain the setbacks, height restrictions, maximum rear yard lot coverage, and distance separation requirements for accessory structures. If a citizen requested to construct an accessory structure such as a detached garage, carport, or shed beside their home (the primary structure), they are permitted to do so if they meet the requirements of the Zoning Ordinance. The requirements would include complying with the 5 foot side yard setback, a 10 foot distance separation from the home or any other structure on the lot, a maximum height of 2 stories, and complying with total lot coverage for the zoning district in which the property is located. Given that the citizen was able to comply with the requirements for constructing an accessory structure, the site plan was approved and the building permit was issued. Zoning Administration does and will continue to enforce the Zoning Ordinance equally to all citizens of Huntsville.

Thanks for fixing this issue!

We still do not understand your department's definition of a 'required side yard". Could you please give an example of how a "required side yard" differs from that of a "side yard" ? I think a clear distinction between the two will eliminate the majority of the confusion. Thanks for your time,

It would be great if someone from the Zoning Department could respond and clarify the difference between a side yard and a required side yard. As mentioned, I think that should clear up much of the confusion surrounding this situation. Thank you .

When I asked this same question on Wednesday, Hsv Zoning replied: "The "required side yard" is regulated by Zoning Administration."

I was thinking, why can't they just give a straight answer? Then I searched through this: http://www.huntsvilleal.gov/Planning/ZonOrd/ZonOrd.pdf.

It seems the "Minimum required width of side yard" varies with what type of Residential Zoning that house falls under. On top of that, the house in question falls under 73.7.7 "Corner lots in residential districts have two front yards." because it's on the corners of Bankhead Pkwy, Gaslight Way, and Appletree Court.

Now, above, Hsv Zoning determined that the front yards are the sides toward Gaslight and Appletree, and the side yard is the side toward Bankhead. So from Gaslight towards the house and from Appletree towards the house, the front yard "easements" apply. Can't build/erect/have any structures in that front yard easement, and Hsv Zoning said the shed is behind the Gaslight front yard setback. Then on the Bankhead side, where the side yard "easement" applies, the shed is far enough back from Bankhead that the required side yard width is free of structures as well.

Seems like the rules about accessory structures on residential lots are not about asthetics, so much as about having regulated empty areas at the edge of one's property.

Let me know if this makes sense?

And maybe Hsv Zoning could chime in about whether I'm interpreting this all correctly??

The side yard is the area designated between the front yard and the rear yard. In the City of Huntsville, we have seven residential zoning districts regulating the requirements and distances for each yard. Each of these districts has different requirements for required front, side, and rear yards.
The Zoning Ordinance does not have any regulations regarding the aesthetics of accessory structures under 1000 square feet in size.
As mentioned above, Gaslight Way is considered the primary front yard and Appletree Court is considered the secondary front yard. Bankhead Parkway would not be considered a front yard; rather, it would be considered a side yard.
Thank you for your input and concerns.