Descrição
Shed sitting in front / side yard in violation of Huntsville City Zoning Code Article 73.8 "No accessory structure shall be erected in any front yard or any required side yard" within the City of Huntsville. A building permit was issued in error and needs to be revoked.
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City of Huntsville (Oficial Verificado)
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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.
Fechado Huntsville Zoning (Oficial Verificado)
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Mountain Lover (Utilizador Registado)
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Reopened Mountain Lover (Utilizador Registado)
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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??
Fechado Huntsville Zoning (Oficial Verificado)
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.