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Huntsville, AL Accessory Structures: ADU Rental Restrictions (2026)

Heavy Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Rental use
Prohibited outright, § 10.6.9
Sale disclosure
Owner must inform buyer of condition
To convert to rental
Remove second-kitchen fixtures first
Enforcement remedy
Immediate dismantling at owner's expense
Added fine
Up to $500 plus costs, § 91.6
Registry
Zoning administrator tracks units, § 10.6.10

Summary

A Huntsville single-family home with a second kitchen cannot be rented out under Zoning Ordinance § 10.6.9. Owners selling such a house must disclose the condition to buyers, and anyone planning to lease the property first has to remove the second kitchen's fixtures; getting caught renting with it intact means the city orders it dismantled at the owner's expense.

10.6.9. A single-family dwelling having two kitchens in a single-family zoning district shall not be used as rental property, and it shall be the responsibility of the owner, when selling such property, to inform any prospective purchaser of this attached condition. If the property is to be used as rental property, then all facilities accommodating the second kitchen shall be removed prior to rental. If a property is found to be operating in violation of this section, then the second kitchen shall be immediately dismantled at the owners' expense.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 30 Update 2).

Full Breakdown

Section 10.6.9 attaches directly to the owner-occupancy conditions in section 10.6.5: because a second kitchen is only lawful when the property owner lives in the house and only family members or non-paying temporary guests use it, turning the same house into a rental defeats the ordinance outright. The rule is written as a flat prohibition, a single-family dwelling with two kitchens in a single-family zoning district shall not be used as rental property, with no variance or special exception carved out elsewhere in Article 10.

The section also creates two ongoing obligations. First, an owner who sells a house with a second kitchen must inform the buyer of this attached condition, so the restriction follows the property through a sale rather than resetting with a new owner. Second, an owner who does want to convert the house to rental use has one lawful path: remove all the facilities that make the second kitchen a kitchen before the tenancy begins, because 10.6.9 requires facilities accommodating the second kitchen to be removed prior to rental.

If the zoning administrator, who keeps the registry of these dwellings under 10.6.10, finds a property operating as a rental with the second kitchen still intact, the section provides its own remedy independent of the general penalty structure: the second kitchen shall be immediately dismantled at the owner's expense. That sits on top of, not in place of, the general zoning fine in section 91.6.

Violations & Fines

Operating a two-kitchen house as rental property violates section 10.6.9 outright, and the ordinance itself orders the fix: immediate dismantling of the second kitchen at the owner's expense, regardless of any fine. The general zoning penalty in section 91.6 still applies on top of that, up to $500 plus court costs and as much as six months of confinement, with each day of unlawful rental use counted as a separate offense.

Frequently Asked Questions

Can I rent out my Huntsville house if it has a second kitchen?
No. Section 10.6.9 flatly bars using a single-family dwelling with two kitchens as rental property in a single-family zoning district. There's no permit or variance that overrides this; the lawful options are to keep living there yourself or remove the second kitchen before renting it out.
What has to happen before I can rent out a house that has a second kitchen?
Every facility that makes it a second kitchen has to be removed before the rental tenancy begins. Section 10.6.9 requires all facilities accommodating the second kitchen to be removed prior to the property's use as rental property.
Do I have to tell a buyer my house has a restricted second kitchen?
Yes. Section 10.6.9 makes it the seller's responsibility to inform any prospective purchaser of the second kitchen's attached condition before the sale closes, so the restriction carries forward to the new owner of the property.
What happens if the city catches a second kitchen being rented out?
Section 10.6.9 orders the second kitchen dismantled immediately at the owner's expense. That remedy comes on top of the standard zoning fine in section 91.6, up to $500 plus court costs and up to six months of confinement, with each day treated as a separate violation.

Sources & Official References

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