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Birmingham City Zoning Code

ARTICLE 1

Zoning Ordinance Foundation

1.01 Title

This ordinance (Chapter 126 of the Birmingham City Code) shall be known as the Zoning Ordinance of the City of Birmingham and may also be cited and referred to as the “Zoning Ordinance”.

Effective on: 1/1/1901

1.02 Defined Words

Words used in a special sense in this Zoning Ordinance are defined in Article 9.

Effective on: 1/1/1901

1.03 Authority

This Zoning Ordinance is adopted by the City pursuant to its authority under the laws of the State of Michigan, Chapter 125.36 Municipal Planning Commission. Whenever codes cited in this Zoning Ordinance refer to Michigan Code which has been amended or superseded, this Zoning Ordinance shall be deemed amended in reference to the new or revised code.

Effective on: 1/1/1901

1.04 Purpose

This Zoning Ordinance is intended to guide the growth and development of the City in accordance with the goals, objectives, and strategies stated within the Birmingham Master Plan and Downtown Birmingham 2016 Plan.

Effective on: 1/1/1901

1.05 Compliance

  • Except as otherwise provided in this Zoning Ordinance, no structure or land shall be used or occupied and no structure or part thereof shall be erected, moved or altered, except in conformity with the regulations specified in this Zoning Ordinance for the zoning district in which the structure or land is located.
  • None of the provisions in this Zoning Ordinance shall be applicable to any property owned by the state or any state agency.
  • Use regulations. Except as otherwise provided herein, regulations governing land and building use are hereby established and shown on the schedule of regulations which is incorporated in Article 2.

    • Effective on: 1/1/1901

    1.06 Interpretation

  • Application: The interpretation and application of the provisions in this Zoning Ordinance are the minimum requirements necessary to promote public health, morals, safety, comfort, convenience, or general welfare.
  • Saving Provision: It is not intended by this Zoning Ordinance to repeal, abrogate, annul, or in any way impair or interfere with:
    1. Any existing provision of the law or ordinance, or
    2. Any rules, regulations, or permits previously adopted or issued, or
    3. Any rules, regulations, or permits which shall be adopted or issued pursuant to law.
  • Conflicts: Where this Zoning Ordinance imposes a greater restriction than is required by other provisions of the law or ordinance, or by any rules, regulations or permits, the provisions of this Zoning Ordinance shall control.
  • Text Supersedes Graphics: If there are found to be differences between the meaning or implication of any drawing, table, or figure, the text of this Zoning Ordinance shall apply.

    • Effective on: 1/1/1901

    1.07 Rules of Construction

    The word “occupied” and the word “used” shall be considered as though followed by the words “or intended, arranged or designed to be used or occupied.”

    Effective on: 1/1/1901

    1.08 Establishment of an Administrative Officer

    The provisions of the Zoning Ordinance shall be administered by the Building Official or his/her designee. The Building Official shall have the power to (1) grant Zoning Ordinance compliance permits (2) grant certificates of occupancy and use (3) and to make inspections of buildings or premises necessary to carry out his/her duties in the enforcement of the Zoning Ordinance.

    Effective on: 1/1/1901

    1.09 Effect of Annexation or Vacation on Zoning

    Whenever any street, alley or other public way is vacated, such street, alley or other public way or portion thereof shall automatically be classified in the same zoning district as the property to which it attaches.

    Effective on: 1/1/1901

    1.10 Establishment of Zoning Districts

    1.11 Labeling of Zoning Districts

    On the zoning map a zoning district shall be labeled using the one, two or three-digit code as noted above. The following are the appropriate labels for standard zoning districts: PP, R1A, R1, R2, R3, R4, R5, R6, R7, R8, O1, O2, P, B1, B2, B2B, B2C, B3, B4, MX, TZ1, and TZ3.

    Effective on: 1/1/1901

    1.12 Establishment of Overlay Districts

  • The overlay districts as noted below have been established to add additional and unique development standards which will better help the City of Birmingham accomplish the goals of the Downtown Birmingham 2016 Plan and the Triangle District Urban Design Plan. For the purpose of this Zoning Ordinance, the following overlay districts have been established.
    1. Downtown Birmingham Overlay District
      1. D2 – Downtown Two-Story Development Overlay
      2. D3 Zone – Downtown Three-Story Development Overlay
      3. D4 Zone – Downtown Four-Story Development Overlay
      4. D5 Zone – Downtown Over Five-Story Development Overlay
    2. Triangle Overlay District
      1. ASF3 – Attached Single-Family 3
      2. MU3 – Mixed Use 3
      3. MU5 – Mixed Use 5
      4. MU7 – Mixed Use 7

    • Effective on: 1/1/1901

    1.13 Unlisted Land Uses

    Any land use not specifically listed as a permitted use in Article 2 in the columns labeled "Permitted Uses" or "Other Use Regulations" is considered Non-Permitted.

    Effective on: 1/1/1901

    1.14 Establishment of the Zoning Map

    The boundaries of the zoning districts are established as shown on the zoning map dated July 14, 2008, as amended. The zoning map with all notations, references and other information shown thereon shall be a part of the Zoning Ordinance.

    Effective on: 1/1/1901

    1.15 Zoning Map Standards

    Unless otherwise shown, the boundaries of the zoning districts shall be lot lines, centerlines of streets, alleys, railroads or such lines extended, and the city limit line.

    Effective on: 1/1/1901

    1.16 Zoning Map Interpretation

    Where, due to the scale, lack of detail or illegibility of the zoning map, which is attached hereto, there is an uncertainty, contradiction or conflict as to the intended location of any zoning district boundary shown thereon, the exact location of the zoning district boundary line shall be determined by the Board of Zoning Appeals.

    Effective on: 1/1/1901