The Huntsville Zoning Ordinance does not impose an explicit citywide owner-occupancy mandate on every ADU, but accessory living quarters in single-family Residence districts (R-1A, R-1B, R-1C) are typically permitted only for family members or domestic employees of the household occupying the principal dwelling. Rental of an ADU to an unrelated tenant generally requires Residence 3 zoning. Alabama has not preempted local ADU rules.
Alabama is a Dillon Rule state and has not enacted ADU legislation overriding local zoning. The Huntsville Zoning Ordinance defines accessory uses in Article 3 and permits an accessory dwelling or accessory living quarters in lower-density Residence districts (R-1A, R-1B, R-1C, R-2) as a use incidental to the principal single-family dwelling. The practical effect is that the principal dwelling must remain occupied as a single-family residence and the accessory unit must be used by family members, household guests, or domestic employees — converting both units to separate non-related rentals generally triggers a two-family-dwelling classification that requires Residence 3 (R-3) zoning or higher. Property owners seeking to rent both the main dwelling and the ADU to unrelated tenants typically pursue a Board of Zoning Adjustment use variance under Article 75 or a zoning map amendment through the Huntsville Planning Commission. There is no recorded deed-restriction requirement comparable to California JADU rules. The Huntsville Inspection Department verifies use through the Certificate of Occupancy and complaint-driven code enforcement.
Operating an accessory dwelling as an independent rental in a single-family Residence district can be cited as a zoning violation under the Huntsville Zoning Ordinance, with code-enforcement orders requiring cessation of the rental use. Continued violation carries daily fines up to $500 per Code of Ordinances Sec. 1-6. Repeat violators face Municipal Court prosecution.
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See how Huntsville's adu owner occupancy rules stack up against other locations.
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