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Huntsville, AL Building Setbacks & Zoning: Structure Height Limits (2026)

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

Key Facts

Max height, Residence 1
35 feet, § 10.2.9
Max stories
2½ stories, § 10.2.8
Height-exempt features
Spires, chimneys, antennas, ≤20% footprint
Violation fine
Up to $500 plus costs, § 91.6
Confinement
Up to 6 months, per day
Variance appeal
Board of Zoning Adjustment, § 92.5.4
Enforcing office
Zoning administrator, Planning Department

Summary

Huntsville's Residence 1 district caps single-family home height at 35 feet and 2½ stories under Zoning Ordinance § 10.2.9, one of the density controls that also fix lot area, setbacks and lot width. Church spires, chimneys, flagpoles and antennas are exempt under § 73.9.1 if they stay proportionate to the roof. Violations draw a court fine under § 91.6.

10.2.9. Maximum height: 35 feet

(Ord. No. 07-109, § 1, 3-22-2007; Ord. No. 12-583, § 1, 8-23-2012)

73.9. - Height modifications. 73.9.1. Except as provided in sections 73.9.2 and 73.20 hereof, the height limitations of this ordinance shall not apply to church spires, barns, silos, monuments, missiles, flag poles, antennas, penthouses and domes not used for human occupancy, nor to chimneys, water tanks, and necessary mechanical appurtenances usually carried above the roof level. Such features, however, shall be erected only to such height as is necessary to accomplish the purpose they are to serve and shall not exceed in cross sectional area 20 percent of the ground floor area of the building.

91.6. - Penalties. Any person, firm, or corporation violating any of the provisions of this ordinance shall, upon conviction, be fined not more than $500.00 plus costs of court, for each offense to which may be added, in the discretion of the judge of the court trying the case, confinement in the city jail for a period not exceeding six months. Each day such violation continues shall constitute a separate offense.

Source: Huntsville ZoningView 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 10.2 of the Zoning Ordinance (Code Appendix A) sets the density controls for the Residence 1 district, and 10.2.9 caps building height at 35 feet, on top of the 2½-story limit fixed by 10.2.8. Those numbers sit alongside the district's other yard rules: a 15,000-square-foot minimum lot, 100-foot lot width, a 50-foot front yard off major arterials (40 feet from other streets), a 45-foot rear yard and 15-foot side yards. The same style of 35-foot cap repeats, adjusted by district, through Articles 11-17 for the 1-A, 1-B, 2, 2-A, 2-B, 1-C and 2-C residence districts.

Section 73.9.1 (Height modifications) carves out a narrow list of features the 35-foot line does not reach: church spires, barns, silos, monuments, flagpoles, antennas, penthouses and domes not built for human occupancy, plus chimneys, water tanks and roof-mounted mechanical equipment. The exemption is not unlimited: each feature can rise only as high as its purpose requires and cannot cover more than 20 percent of the ground floor area, and airport obstruction zoning under 73.9.2 can override it entirely near the airport.

Before anyone builds, the zoning administrator in the planning department must confirm the plans conform under section 91.2 before a building permit is issued, and again before a certificate of occupancy is granted under 91.3. A homeowner who believes the zoning administrator misapplied the height rule can seek administrative review from the Board of Zoning Adjustment under 92.5.1, or ask the board for a variance under 92.5.4 if literal enforcement creates unnecessary hardship; reversing the zoning administrator takes a concurring vote of four board members under 92.6, and a further appeal goes to a court of competent jurisdiction under 92.7.

Violations & Fines

Building or altering a house above the district's height or story cap without zoning administrator sign-off violates the ordinance under section 91.2, and section 91.6 sets the penalty: a fine up to $500 plus court costs, with up to six months of confinement added at the judge's discretion. Each day the oversized structure stands is a separate offense, so an unresolved violation compounds daily until the zoning administrator confirms compliance or the Board of Adjustment grants relief.

Frequently Asked Questions

How tall can a house be built in Huntsville's Residence 1 district?
Zoning Ordinance § 10.2.9 caps a Residence 1 dwelling at 35 feet and, per § 10.2.8, at 2½ stories. Both limits apply together, so a structure that is technically under 35 feet can still violate the district's separate story cap and require its own review.
Are chimneys or antennas allowed above the 35-foot limit?
Yes. Section 73.9.1 exempts church spires, barns, silos, flagpoles, antennas, chimneys, water tanks and rooftop mechanical equipment from the ordinance's height limits, provided they are no taller than needed and cover no more than 20 percent of the ground floor area.
What happens if a house is built taller than allowed?
Under § 91.6, a zoning violation carries a fine of up to $500 plus court costs and up to six months of confinement, with each day the violation continues counted as a separate offense against the property owner.
Can a homeowner get an exception to the height limit?
Yes, through the Board of Adjustment. Section 92.5.4 lets the board grant a variance where literal enforcement would cause unnecessary hardship, but it takes a concurring vote of four board members under § 92.6 to override the zoning administrator's decision.

Sources & Official References

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