Birmingham City Zoning Code

The purposes of the Downtown Birmingham Overlay District are to:

1. Encourage and direct development within the boundaries of the Downtown Birmingham Overlay District and implement the Downtown Birmingham 2016 Plan;
2. Encourage a form of development that will achieve the physical qualities necessary to maintain and enhance the economic vitality of Downtown Birmingham and to maintain the desired character of the City of Birmingham as stated in the Downtown Birmingham 2016 Plan;
3. Encourage the renovation of buildings; ensure that new buildings are compatible with their context and the desired character of the city; ensure that all uses relate to the pedestrian; and, ensure that retail be safeguarded along specific street frontages; and
4. Ensure that new buildings are compatible with and enhance the historic districts which reflect the city’s cultural, social, economic, political, and architectural heritage.

Effective on: 1/1/1901

1. The Downtown Birmingham Overlay District shall be an overlay district that applies over the existing zoning districts.
2. Use and development of land within the Downtown Birmingham Overlay District shall be regulated as follows:
   1. Any existing use shall be permitted to continue and the use shall be subject to the underlying zoning requirements and not the Downtown Birmingham Overlay District.
   2. Where the usage within an existing building is proposed to be expanded by more than 50% of the existing size, the new use shall be subject to the building use standards of the Downtown Birmingham Overlay District to the maximum extent practical, as determined by the Planning Board.
   3. Any expansion to an existing building that expands the area of the building by more than 40% of the existing building area shall subject the entire building to the requirements of the Downtown Birmingham Overlay District and shall be brought into compliance with the requirements of the Downtown Birmingham Overlay District to the maximum extent practical, as determined by the Planning Board.
   4. Where a new building is proposed, the use and site shall be subject to the requirements of the Downtown Birmingham Overlay District.
3. Development applications within the Downtown Birmingham Overlay District shall be required to follow the Site Plan Review and Design Review standards contained in Article 7.
4. A Downtown Birmingham Overlay District Regulating Plan has been adopted that divides the Downtown Birmingham Overlay District into zones. Each zone designated on the Regulating Plan prescribes requirements for building form, height and use as follows:

• D2 Zone: Downtown Two or Three Stories
• D3 Zone: Downtown Three or Four Stories
• D4 Zone: Downtown Four or Five Stories
• D5 Zone: Downtown Over Five Stories
• C Zone: Community Use
• P Zone: Parking

Effective on: 1/1/1901

1. The design of buildings and sites shall be regulated by the provisions of the Downtown Birmingham Overlay District.
2. Section 3.01 to Section 3.04 shall govern the design of all privately owned land within the Downtown Birmingham Overlay District.
3. The provisions of the Downtown Birmingham Overlay District, when in conflict with other articles of the Zoning Ordinance, shall take precedence.
4. The provisions of the Downtown Birmingham Overlay District shall specifically supersede the floor-area-ratio, maximum height, band minimum setback regulations contained in each two-page layout in Article 2 of the Zoning Ordinance.
5. The provisions of the building and building regulations Chapter 22 of the Birmingham City Code and the historic preservation regulations in Chapter 62 of the Birmingham City Code, when in conflict with the Downtown Birmingham Overlay District, shall take precedence.
6. The design of community buildings and improvements shall not be subject to the specific standards of this article, but shall be subject to design review by the Planning Board.
7. Locations designated on the Regulating Plan for new parking garages and civic buildings shall be reserved for such development.

Effective on: 1/1/1901

1. A.
   Building Height, Overlay: The various elements of building height shall be determined as follows for the various zones designated on the Regulating Plan:

   1. 1.
      D2 Zone (two or three stories):

      1. a.
         Eave line for sloped roofs shall be no more than 34 feet.
      2. b.
         Peak or ridge of any sloped roof shall be no more than 46 feet as measured to the average grade.
      3. c.
         Maximum overall height including the mechanical and other equipment shall be no more than 56 feet.
      4. d.
         A third story is permitted if it is used only for residential.
      5. e.
         All buildings in D2 Zone containing a third story should be designed harmoniously with adjacent structures in terms of mass, scale and proportion, to the best extent possible.
      6. f.
         A third story shall continue in a different plane, beginning at the eave line, not greater than 45 degrees measured to the horizontal or setback 10 feet from any building facade.
      7. g.
         All buildings constructed in the D2 Zone shall have a minimum eave height or 20 feet.
   2. 2.
      D3 Zone (three or four stories):

      1. a.
         Eave line for sloped roofs shall be no more than 46 feet.
      2. b.
         Peak or ridge of any sloped roof shall be no more than 58 feet as measured to the average grade.
      3. c.
         Maximum overall height including the mechanical and other equipment shall be no more than 68 feet.
      4. d.
         A fourth story is permitted if it is used only for residential.
      5. e.
         All buildings in D3 Zone containing a fourth story should be designed harmoniously with adjacent structures in terms of mass, scale and proportion, to the best extent possible.
      6. f.
         The fourth story shall continue in a different plane, beginning at the eave line, no greater than 45 degrees measured to the horizontal or setback 10 feet from any building facade.
      7. g.
         All buildings constructed in a D3 Zone shall contain a minimum of 2 stories and must have a minimum eave height of 20 feet.
   3. 3.
      D4 Zone (four or five stories):

      1. a.
         Eave line shall be no more than 58 feet.
      2. b.
         Peak or ridge of any sloped roof shall be no more than 70 feet as measured to the average grade.
      3. c.
         Maximum overall height including mechanical and other equipment shall be no more than 80 feet.
      4. d.
         The fifth story is permitted if it is used only for residential.
      5. e.
         All buildings containing a fifth story should be designed harmoniously with adjacent structures in terms of mass, scale and proportion, to the best extent possible.
      6. f.
         The fifth story shall continue in a different plane, beginning at the eave line, no greater than 45 degrees measured to the horizontal or set back 10 feet from any building facade.
      7. g.
         All buildings constructed in the D4 Zone shall contain a minimum of 2 stories and must have a minimum eave height of 20 feet.

1.   
   4. 4.
      D5 Zone (over 5 stories):

      1. a.
         All existing buildings located in the D5 Zone on November 1, 2016 are deemed legal, conforming buildings with regards to setbacks, number of stories and height.
      2. b.
         All existing buildings located in this zone district on November 1, 2016 may be extended or enlarged only if the property owner elects to develop the extended or enlarged portion of the building under the provisions of the Downtown Birmingham Overlay District and the extension or enlargement meets all of the requirements of the Downtown Birmingham Overlay District and the D4 Zone.
      3. c.
         New buildings constructed or additions to existing buildings in the D5 Zone must meet the requirements of the Downtown Birmingham Overlay District and the D4 Zone, except that the height of any addition and new construction in the D5 Zone may be over the maximum building height up to, but not exceeding, the height of an existing building on a directly abutting D5 Zone property if the property owner agrees to the construction of the building under the provisions of a Special Land Use Permit. For the purposes of this section, private properties separated by public property (including public right-of-way and public vias), will not be deemed abutting.
   5. 5.
      C and P Zone: Downtown Birmingham Overlay District building height shall comply with the underlying height restrictions listed in each two-page layout in Article 2 of the Zoning Ordinance, but may be negotiated by the Planning Board.
   6. 6.
      Stories at sidewalk level shall be a minimum of 10 feet in height from finished floor to finished ceiling. The Planning Board may reduce this standard for renovations to existing buildings that do not meet this standard.
   7. 7.
      A transition line shall be provided between the first and second stories. The transition shall be detailed to facilitate an awning.
   8. 8.
      The maximum width of all dormers per street elevation on buildings may not exceed 33% of the width of the roof plane on the street elevation on which they are located.

2. B.
   Building Placement: Buildings and their elements shall be placed on lots as follows:

   1. 1.
      Front building facades at the first story shall be located at the frontage line, except the Planning Board may adjust the required front yard to the average front setback of any abutting building.
   2. 2.
      In the absence of a building facade, a screenwall shall be built along the frontage line and aligned with the adjacent building facade. Screenwalls shall be between 2.5 and 3.5 feet in height and made of brick, stone or other masonry material matching the building. Upon approval by the Planning Board, screenwalls may be a continuous, maintained evergreen hedge or metal fencing. Screenwalls may have openings a maximum of 25 feet to allow vehicular and pedestrian access.
   3. 3.
      Side setbacks shall not be required.
   4. 4.
      A minimum of 10 foot rear yard setback shall be provided from the midpoint of the alley, except that the Planning Board may allow this setback to be reduced or eliminated. In the absence of an alley, the rear setback shall be equal to that of an adjacent, preexisting building.
   5. 5.
      First-floor awnings may encroach upon the frontage line and public sidewalk, but must avoid the street trees; provide at least 8 feet of clearance above the sidewalk; and be set back a minimum of 2 feet from the road curb.
   6. 6.
      Upper-floor awnings shall be permitted only on vertically proportioned windows, provided that the awning is only the width of the window, encroaches upon the frontage line no more than 3 feet, and is not used as a backlit sign.
   7. 7.
      Loading docks and service areas shall be permitted only within rear yards. Doors for access to interior loading docks and service areas shall not face a public street.
   8. 8.
      All buildings shall have their principal pedestrian entrance on a frontage line.
3. C.
   Building Use: Buildings shall accommodate the following range of uses for the various designations on the Regulating Plan of the Downtown Birmingham Overlay District:

   1. 1.
      Uses shall be limited to those allowed in each underlying zoning district, unless otherwise specifically provided for herein.
   2. 2.
      The following uses and conditions are prohibited:

      1. a.
         Automatic food and drink vending machines outdoors;
      2. b.
         Drive-in facilities or any commercial use that encourages patrons to remain in their automobiles while receiving goods or services;
      3. c.
         Outdoor advertising.
   3. 3.
      Community uses (C).
   4. 4.
      Those sites designated as parking uses (P) on the Regulating Plan shall be premises used primarily for parking, except retail frontages shall be encouraged at the first floor level.
   5. 5.
      Those sites designated D2 Zone, D3 Zone, or D4 Zone on the Regulating Plan may be used for any commercial, office or residential use as allowed in the underlying zoning district. Upper story uses may be commercial, office or residential, provided that no commercial or office use shall be located on a story above a residential use.
   6. 6.
      Buildings that have frontage along the required retail frontages, as specified on the Regulating Plan, shall consist of retail with a minimum depth of 20 feet from the frontage line within the first story. Lobbies for hotels, offices, and multiple-family dwellings may be considered as part of the required retail frontage, provided that any such lobby occupies no more than 50% of the frontage of said building.
   7. 7.
      Retail, office or residential uses are required to have minimum depth of 20 feet from the frontage line on all stories. The remaining depth may be used for off-street parking. Parking access on a frontage line shall be an opening a maximum of 25 feet wide. Openings for parking garage access shall repeat the same rhythm and proportion as the rest of the building to maintain a consistent streetscape.
   8. 8.
      In any D2 Zone, D3 Zone, or D4 Zone, the first floor shall consist of retail with a minimum depth of 20 feet from the frontage line where designated on the Regulating Plan as a retail frontage line in conformance with Section 3.04(C)(5) and Section 3.04(C)(6).
   9. 9.
      Office use is limited to one story, except:

      1. a.
         In any D3 Zone or D4 Zone, a two-story building dedicated to office use is permissible; and
      2. b.
         In a D4 Zone, two stories may be dedicated to office use when the Planning Board permits a fifth story.
   10. 10.
       Bistros are permitted with a valid Special Land Use Permit with the following conditions:

       1. a.
          No direct connect additional bar permit is allowed and the maximum seating at a bar cannot exceed 10 seats;
       2. b.
          Alcohol is served only to seated patrons, except those standing in a defined bar area;
       3. c.
          No dance area is provided;
       4. d.
          Only low key entertainment is permitted;
       5. e.
          Bistros must have tables located within the storefront space lining any street, or pedestrian passage;
       6. f.
          All outdoor dining facilities are subject to the requirements located in Article 4, Section 4.44 of this Ordinance and Chapter 98 of the Birmingham Code of Ordinances;
       7. g.
          A minimum of 70% glazing must be provided along building facades facing a street or pedestrian passage between 1 foot and 8 feet in height;
       8. h.
          All bistro owners must execute a contract with the City outlining the details of the operation of the bistro; and
       9. i.
          Outdoor dining must be provided, weather permitting, along an adjacent street or passage during the months of May through October each year. Outdoor dining is not permitted past 12:00 a.m. If there is not sufficient space to permit such dining on the street or passage adjacent to the bistro, alternative outdoor dining facility placement may be considered by the Planning Board.
   11. 11.
       Establishments operating with a liquor license obtained under Chapter 10, Alcoholic Liquors, Article II, Division 3, Licenses for Economic Development, are permitted with a valid Special Land Use Permit only on those parcels on Woodward Avenue identified on Exhibit 1; Appendix C.
4. D.
   Parking requirements.

   1. 1.
      For all nonresidential uses located within the parking assessment district, parking on the site shall not be required, provided such site is in full compliance with the requirements of the parking assessment district.
   2. 2.
      For all residential uses located within the parking assessment district, the on-site parking requirements contained in Section 4.46, Section 4.49, Section 4.50 and Section 4.51 may be complied with through leasing the required spaces from an off-site parking area, provided the requirements of Section 4.45(G) are met and all parking is supplied on site or within 300 feet of the residential lobby entrance of the building
   3. 3.
      For all sites located outside of the former parking assessment district, off-street parking must be provided in accordance with the requirements of Article 4 for parking, loading and screening.

      1. a.
         For all nonresidential uses in the D4 Zone located outside of the former parking assessment district, the off-street parking requirements of Article 4 may be reduced or eliminated under the provisions of a Special Land Use Permit.
   4. 4.
      Notwithstanding the above regulations, residential dwelling units within the existing second and third floors of landmark buildings, as defined in Section 62-87 of the Birmingham City Code, located within the central business historic district are exempt from required off-street parking requirements.
   5. 5.
      Off-street parking contained in the first story shall not be permitted within 20 feet of any building facade on a frontage line or between the building facade and the frontage line.
   6. 6.
      The placement of two abutting off-street parking lots with continuous street frontages shall not be permitted.
5. E.
   Architectural standards. All buildings shall be subject to the following physical requirements:

   1. 1.
      At least 90% of the exterior finish material on all facades that face a street shall be limited to the following: glass, brick, cut stone, cast stone, coarsely textured stucco, or wood. Dryvit or E.F.I.S is prohibited.
   2. 2.
      The primary colors of building exteriors shall be compatible with the colors of adjacent buildings and in character with the surrounding area, although the trim may be of a contrasting color.
   3. 3.
      Blank walls shall not face a public street. Walls facing a public street shall include windows and architectural features customarily found on the front facade of a building, such as awnings, cornice work, edge detailing or decorative finish materials.
   4. 4.
      Storefronts shall be directly accessible from public sidewalks. Each storefront must have transparent areas, equal to 70% of its portion of the facade, between one and eight feet from the ground. The wood or metal armature (structural elements to support canopies or signage) of such storefronts shall be painted or powder-coated.
   5. 5.
      Storefronts shall have mullion systems, with doorways and signage integrally designed. Mullion systems shall be painted, powder-coated, or stained.
   6. 6.
      The glazed area of a facade above the first floor shall not exceed 35% of the total area, with each facade being calculated independently.
   7. 7.
      Clear glazing is required on the  storefront/ground floor facade. Windows shall not be blocked with opaque materials or the back of shelving units or signs.
   8. 8.
      Facade openings, including porches, windows, and colonnades, shall be vertical in proportion.
   9. 9.
      Sliding doors and sliding windows are prohibited along frontage lines.
   10. 10.
       (Reserved for future use.)
   11. 11.
       Cantilevered mansard roofs are prohibited.
   12. 12.
       Balconies, railings, and porch structures shall be glass, metal, wood, cast concrete, or stone. All materials must be compatible with each other and with the building, as determined by the Planning Board, Design Review Board or Historic District Commission.
   13. 13.
       Facades may be supplemented by awnings, which shall be straight sheds without side flaps, not cubed or curved. Awnings shall be between 8 and 12 feet above sidewalk grade at the lower drip edge.
   14. 14.
       Outside dining tables and chairs shall be primarily metal, wood, or similar material. Plastic outside dining tables and chairs shall be prohibited.
   15. 15.
       Any building that terminates a view, as designated on the Regulating Plan, shall provide distinct and prominent architectural features of enhanced character and visibility, which reflect the importance of the building’s location and create a positive visual landmark.
   16. 16.
       Flat roofs shall be enclosed by parapets. Rooftop mechanical and other equipment shall be limited, positioned and screened to minimize views from adjacent properties and public rights-of-way in accordance with the regulations set forth in Section 4.16, Section 4.18, and Section 4.54.

(Ord. No. 2242, 07/24/2017; Ord. No. 2310, 09/17/2018; Ord. No. 2307, 02/11/2019; Ord. No. 2322, 06/24/2019; Ord. No. 2342, 01/13/2020; Ord. No. 2366, 10/24/2022; Ord. No. 2377, 12/05/2022; Ord. No. 2379, 05/22/2023) 

Effective on: 6/11/2023

The purposes of the Triangle Overlay District are to:

1. Develop a fully integrated, mixed-use, pedestrian-oriented environment with buildings containing commercial, residential and office uses, similar to the downtown character west of Woodward Avenue.
2. Create a synergy of uses within the Triangle Overlay District to support economic development and redevelopment in accordance with the recommendations of the Triangle District Urban Design Plan.
3. Minimize traffic congestion, inefficient surface parking lots, infrastructure costs and environmental impacts by promoting a compact, mixed-use, pedestrian-friendly district.
4. Regulate building height to achieve appropriate scale along streetscapes to ensure proper transition to nearby residential neighborhoods.
5. Create a definable sense of place for the Triangle Overlay District with a pedestrian oriented, traditional urban form with bold innovations in architecture.

Effective on: 1/1/1901

1. The Triangle Overlay District shall be an overlay district that applies over the existing zoning districts. Use and development of land within the Triangle Overlay District shall be regulated as follows:
   1. Any existing use shall be permitted to continue and the use shall be subject to the underlying zoning requirements and not the Triangle Overlay District.
   2. Where a new use is established within an existing building, the use shall be subject to the requirements of the Triangle Overlay District and the site shall be brought into compliance with the requirements of the Triangle Overlay District to the maximum extent practical, as determined by the Building Official at the time of reviewing the application for a Zoning Ordinance Compliance Permit.
   3. Any expansion to an existing use or building that requires site plan approval from the Planning Board shall be subject to the requirements of the Triangle Overlay District and shall be brought into compliance with the requirements of the Triangle Overlay District.
   4. Where a new building is proposed, the use and site shall be subject to the requirements of the Triangle Overlay District.
2. Development applications within the Triangle Overlay District shall be required to follow the Site Plan and Design Review standards contained in Article 7.
3. The provisions of the Triangle Overlay District, when in conflict with other articles of the Zoning Ordinance, shall take precedence.
4. The provisions of the Triangle Overlay District shall specifically supersede the floor area ratio, maximum height, and setback regulations contained in each two-page layout in Article 2 of the Zoning Ordinance.
5. A Triangle Overlay District Regulating Plan has been adopted that divides the Triangle Overlay District into four zones. Each zone designated on the Regulating Plan prescribes requirements for building form, height and use as follows:

• ASF3: Attached Single-Family 3
• MU3: Mixed Use 3
• MU5: Mixed Use 5
• MU7: Mixed Use 7

Effective on: 1/1/1901

Use and development of land and buildings shall only be for the following specified uses, unless otherwise provided for in the Triangle Overlay District.

(Ord. No. 2256, 11/20/2017; Ord. No. 2257, 11/20/2017; Ord. No. 2258, 11/20/2017; Ord. No. 2290, 10/08/2018) 

Effective on: 12/23/2018

The following tables delineate the height, bulk, and setback requirements pertaining to the districts regulated by the Triangle Overlay District.

1. SF3 District Development Standards:

SF3 District Development Standards
Minimum Lot Area Per Unit	1,280 square feet
Minimum Lot Width	NA
Minimum Front Yard Setback	5 feet for single-family attached Zero for live-work units
Minimum Side Yard Set- back	No side yard between units 10 feet from side street on corner lot  9 feet from single-family lot
Minimum Rear Yard Setback	10 feet for principal buildings
Building Height	2 stories minimum 3 stories maximum 35-foot maximum building height

2. MU3 District Development Standards:

MU3 District Development Standards
Minimum Lot Area	NA
Minimum Lot Width	NA
Front Yard and Building Frontage Requirements	Zero minimum front yard setback 5-foot maximum front yard The building façade shall be built-to within 5 feet of the front lot line for a minimum of 75% of the street frontage length See Section 3.08(F)
Minimum Side Yard Setback	A zero side setback with walls facing side lot line that do not contain windows 10 feet for walls that contain windows 20 feet adjacent to single-family residential zoning district
Minimum Rear Yard Setback	10 feet 20 feet adjacent to single-family residential zoning district
Building Height	24-foot and 2 stories minimum building height 42-foot and 3 stories maximum building height For sloped roofs, the eave line shall be no more than 34 feet and the roof peak shall be no more than 46 feet Additional 24 feet and/or 2 stories of building height allowed if requirements of Section 3.08(E) are met The first story shall be a minimum of 14 feet in height, floor to floor

3. MU5 District Development Standards:

MU5 District Development Standards
Minimum Lot Area	NA
Minimum Lot Width	NA
Front Yard and Building Frontage Requirements	Zero minimum front yard setback 5-foot maximum front yard The building façade shall be built-to within 5 feet of the front lot line for a minimum of 75% of the street frontage length See Section 3.08(F)
Minimum Side Yard Set- back	A zero side setback with walls facing side lot line that do not contain windows 10 feet for walls that contain windows
Minimum Rear Yard Setback	NA
Building Height	34-foot and 3 stories minimum building height 66-foot and 5 stories maximum building height For sloped roofs, the eave line shall be no more than 58 feet and the roof peak shall be no more than 70 feet Additional 12 feet and/or 1 story of building height allowed if requirements of Section 3.08(E) are met The first story shall be a minimum of 14 feet in height, floor to floor

4. MU7 District Development Standards:

MU7 District Development Standards
Minimum Lot Area	NA
Minimum Lot Width	NA
Front Yard and Building Frontage Requirements	Zero minimum front yard setback 5-foot maximum front yard The building façade shall be built-to within 5 feet of the front lot line for a minimum of 75% of the street frontage length See Section 3.08(F)
Minimum Side Yard Set- back	A zero side setback with walls facing side lot line that do not contain windows 10 feet for walls that contain windows
Minimum Rear Yard Setback	NA
Building Height	34-foot and 3 stories minimum building height 90-foot and 7 stories maximum building height For sloped roofs, the eave line shall be no more than 82 feet and the roof peak shall be no more than 94 feet Additional 24 feet and/or 2 stories of building height allowed if requirements of Section 3.08(E) are met The first story shall be a minimum of 14 feet in height, floor to floor

5. Additional Building Height: Buildings or portions of buildings that are 100 feet or more from a single- family residential zoning district may have the additional building height (in number of stories and/or feet of height) noted in Section 3.08B, Section 3.08C, and Section 3.08D where 2 or more of the following are provided as part of the development. Additional stories shall be stepped back at a 45-degree angle from the top story allowed by right without the height bonus.
   1. A multi-level parking structure that offers parking available to the public at the rate of one parking space available to the public for every 300 square feet of building floor area allowed in the additional stories. Where additional building height is proposed without additional stories, then the parking shall be based upon the building floor area in the top floor. The applicant may provide payment-in-lieu to the City for construction of parking in a public parking deck at an offsite location. Parking rates will be calculated as follows:
      1. The rate of $27,500 per space to match the current cost per above-ground structured parking space in 2018.
      2. Starting July 1st, 2019, the rate of payment per parking space shall be increased by 3 percent each year.
   2. Dedication of an improved public plaza with an area that is at least equal to 25% of the additional floor area of building area allowed in the additional stories. Where additional building height is proposed without additional stories, then public plaza space shall be based upon 25% of the building floor area on the top floor. The location and design of the plaza shall be approved by the Planning Board and shall be in accordance with the Triangle District Urban Design Plan.
   3. A mixed use building that provides residential dwelling units above first-floor commercial where a mini- mum of 50% of the buildings floor area is residential.
   4. Leadership in Energy and Environmental Design (LEED) building design, accredited based upon the rating system of the United States Green Building Council.
   5. Transfer of development rights for additional floor area that zoning would permit on a site containing an historic building or resource designated under Section 127 of the Birmingham Code. The development rights shall be dedicated through recording a conservation easement on the designated historic resource, which shall be reviewed and approved by the Historic District Commission.
6. MU3, MU5 and MU7 Front Yard Building Setback Exceptions: In the MU3, MU5 and MU7 Districts, 75% of the length of the ground level street-facing façade of the building must be built within 5 feet of the front lot line. The precise setback between 0 and 5 feet shall be consistent with the front building line along the block, or as determined by the Planning Board where a clear setback doesn’t exist. The Planning Board many grant exceptions to allow a greater amount of the building to be setback when the front yard area, or forecourt, is used for one or more purposes listed below.
   1. Widening the sidewalk along the frontage of the building.
   2. Providing a public gathering area or plaza that offers seating, landscape enhancements, public information
      and displays, fountains, or other pedestrian amenities.
   3. Providing outdoor seating for the proposed use.
7. Parking: Parking lots shall meet the following requirements:
   1. Parking lots (not located in the road right-of-way) are permitted only in side and rear yards as follows:
      1. When parking is located in a side yard (behind the front building line) and has frontage on a public right-of-way, no more than 25% of the total site’s frontage or 60 feet, whichever is less, shall be occupied by parking lot.
      2. For a corner lot, the cumulative total of both frontages occupied by parking shall be no more than 25% or 60 feet, whichever is less, and the building shall be located at the corner of the lot adjacent to the intersection.
      3. For a double frontage lot or a lot that has frontage on 3 streets, the cumulative total of all frontages occupied by parking shall be no more than 35% of the total site’s frontage or 60 feet, whichever is less.

1. 2. Where an off-street parking lot is visible from a street, it shall be screened by a 3 foot tall screenwall located between the parking lot and the sidewalk, meeting the requirements of Section 4.50. Where a parking lot is adjacent to a single-family residential district, a 6 foot tall brick screenwall meeting the requirements of Section 4.50 shall be provided between the parking lot and the residential use.
   3. Along Woodward Avenue, a single row of parking shall be permitted along the entire front of the building, which may be located within the road right-of-way. The parking may be angled or parallel with a one-way circulation aisle only. There shall be a minimum 7-foot wide sidewalk between the parking and the building.

1. 4. Parking structures shall only be permitted where there is usable building space for a portion of the ground level along the street frontage. Where a parking structure is provided or parking is located on the ground level below the building, usable building space to a depth of at least 20 feet shall be provided in front of the parking for the minimum required building length. For a multi-level parking structure, the Planning Board may allow the parking structure above the first floor of the building to occupy the frontage; provided the façade of the parking structure is integrally designed with the architecture of the overall building, utilizes the same building materials and has wall openings that provide proportions, and rhythm that are compatible with building upper story fenestration.
   5. Each use shall provide the parking required by the off street parking space requirements, except as provided for in this Section. Off street parking shall be provided for within 300 feet of the building being served.
   6. On-street parking shall be allowed on all street frontages, where permitted by the Traffic and Safety Board. On-street parking located along a lot’s frontage may be credited towards meeting the parking requirements for that use, provided the streetscape is improved to meet the requirements of Section 3.12.
   7. Because the Triangle Overlay District is intended to encourage pedestrian/transit friendly design and compact mixed-use development that requires less reliance on automobiles, the parking required by Section 4.43 may be reduced or waived by the Planning Board as follows:
      1. Providing shared parking whereby the Planning Board may reduce the total parking required by multiple uses by up to 50% under Section 4.42(G)(4).
      2. By payment of a special assessment levied against the entire building site where the special assessment district has been created for purposes of constructing a municipal parking facility under Section 4.42(G)(5).
   8. Driveway access to off-street parking lots shall be located to provide safe separation from street intersections. Driveways shall be aligned with driveways on the opposite side of the street or offset to avoid turning movement conflicts.

(Ord. No. 2300, 11/19/2018) 

Effective on: 12/9/2018

Mixed-use buildings that contain non-residential uses on the ground floor and residential in upper floors and all non-residential buildings shall meet the following architectural design requirements. It is not the intent of this section to regulate architectural style of buildings or limit creativity, but to ensure the necessary functional and design elements to create and foster a mixed-use, pedestrian-oriented environment are incorporated into all building designs. Buildings should respect the existing architectural style of the area while evolving a more “bold” approach towards contemporary design.

1. Front Façade Requirements: Walls that face a public street, plaza, green or park shall include windows and architectural features customarily found on the front of a building, such as awnings, cornice work, edge detailing or decorative finish materials.
   1. Blank walls longer than 20 feet shall not face a public street.
   2. All buildings shall have a main entrance that is located on at least one (1) street front. Main entrances shall have design details that enhance the appearance and prominence of the entrance so that it is recognizable from the street and parking areas.
   3. For buildings longer than 100 feet, there shall be a minimum of one (1) usable entrance every full 50 feet of frontage along the front public sidewalk and shall provide architectural variation to visually break the building up.
   4. Garage doors shall not be permitted on a front façade.
2. Windows and Doors:
   1. Storefront/Ground Floor. Ground floors shall be designed with storefronts that have windows, doorways and signage, which are integrally designed and painted. No less than 70% of the storefront/ground floor façade between 1 and 8 feet above grade shall be clear glass panels and doorway. Glass areas on storefronts shall be clear glazing on the first floor. Mirrored glass is prohibited. Required window areas shall be either windows that allow views into retail space, working areas or lobbies, pedestrian entrances, or display windows set into the wall. Windows shall not be blocked with opaque materials or the back of shelving units or signs. The bottom of the window must be no more than 3 feet above the adjacent exterior grade.
   2. Entranceway. The front entranceway shall be inset 3 feet from the front building wall.
   3. Upper Stories. Openings above the first story shall be a maximum of 50% of the total façade area. Windows shall be vertical in proportion.
3. Roof Design:
   1. Unless otherwise approved by the Planning Board, buildings should have flat roof appearance from the street with a decorative cornice that is designed proportionate to the size of the building and length of the wall.
   2. The Planning Board may permit a pitched roof; however, mansard roofs shall not be permitted on single story buildings. Pitched and mansard roofs shall not be permitted with eaves below a height of 20 feet. All roof edges shall be accentuated in a manner proportionate to the size of the building and length of the wall.
   3. Flat roofs shall be enclosed by parapets.
   4. All rooftop mounted equipment shall be screened from view on all sides of the building.
   5. Parapets and other screening treatment shall use high quality building materials and shall blend with the design of the building in terms of color, materials, scale and height.
   4. Building Materials: The following exterior finish materials are required on the front façade and any façade facing a street, plaza, park or parking area. These requirements do not include areas devoted to windows and doors.
      1. All walls exposed to public view from the street, or parking area shall be constructed of not less than 60% brick, stone or glass. Panel brick and tilt-up brick textured paneling shall not be permitted.
      2. The remaining façade may include wood siding or fiber cement siding. Exterior insulation finish systems (EFIS) may be used for architectural detailing above the first floor.
      3. Buildings that have upper stories shall be designed to create a distinct and separated ground floor area through the use of accent such as a string course, change in material or textures, or an awning or canopy between the first and second stories.
   5. Awnings: Storefronts may be supplemented by awnings, which give shade and shelter or add color and visual interest to the entry or display window of the storefront, provided that the following conditions are met:
      1. Awnings may project over the public sidewalk with a minimum 8 foot clearance provided from the sidewalk, but must be a minimum of 5 feet from the street curb.
      2. Awnings shall be positioned immediately above the ground floor window area of the façade and have a straight shed that projects from the building at a straight angle with open sides.
      3. Awnings shall be constructed of a durable, material such as canvas or steel that will not fade or tear easily. Plasticized, rigid, cubed or curved awnings or mansard style canopies are prohibited.
      4. Awnings shall not be internally illuminated and any signs shall be illuminated by fixtures located above the awning and directed downward.
   6. Corner Buildings: Buildings situated at a corner shall possess a level of architectural design that incorporates accents and details that accentuate its prominent location, particularly at intersections created by the angle of Woodward Avenue and the grid street network. This can be accomplished through height projections incorporated into a design feature such as a building peak, tower, or similar accent with the highest point located at the intersecting corner, which may be up to an additional 10 feet above the height limit. The building architecture can be designed to focus on accentuating the geometry of the corner location. Alternatively, a pedestrian plaza may be provided at the corner of the intersecting streets. A main entrance must be on a street-facing wall and either at the corner or within 25 feet of the corner.

(Ord. No. 2243, 07/24/2017; Ord. No. 2367, 10/24/2022) 

Effective on: 11/6/2022

Attached single-family residential dwellings and live/work units shall meet the following architectural design requirements:

1. Front Façade:
   1. All residential units shall provide a pedestrian door facing the front lot line.
   2. All dwellings shall include a front porch with steps. The porch shall have a minimum depth of 4 feet and a minimum area of 24 square feet.
   3. The first floor elevation shall be between 2 feet and 6 feet above the exterior sidewalk elevation in front of the building.
   4. The front façade of all residential units shall be at least 25% windows or doors.
   5. The requirement for a front porch and elevated first floor in Section 3.10(A)2 and Section 3.10(A)3 shall not apply to live/work units where the first floor façade is designed as a storefront meeting the requirements of Section 3.09(B)1.

2. Building Materials: All buildings shall utilize high-quality building materials that are in keeping with traditional architectural styles. Permitted wall materials include, brick, stone, wood, and fiber cement siding. Vinyl siding is prohibited.
3. Attached Garages: Garages shall be located in the rear yard and may be accessed by a rear alley or from a side street. The Planning Board may permit garage doors on the front façade where the lot depth will not permit a rear alley; provided the front of the garage does not project closer to the street than the wall of the livable portion of the dwelling and the garage does not occupy more than 50% of the total length of the street-facing building façade and the door is a maximum of 8 feet wide with a minimum 8 inch column between doors.
4. Detached Accessory Buildings: Detached garages and other accessory buildings located in the rear yard shall be setback a minimum of 3 feet from the rear and side lot lines and shall have a maximum height of 15 feet to the midpoint of the peak and eave.

Effective on: 1/1/1901

The Planning Board may approve deviations to the architectural requirements of Section 3.09 and Section 3.10 in order to allow for creativity and flexibility in design. A front elevation drawing of the proposed building shall be provided superimposed on a color drawing or photograph of the entire block showing the relation of the proposed building design to other buildings along the block, which shall be utilized to evaluate the proposed building design based upon all of the following criteria:

1. Demonstrates innovation in architectural design, provided the building design shall be in keeping with the desired character of the Triangle Overlay District, as articulated in the Triangle District Urban Design Plan.
2. The building is oriented towards the front sidewalk with a functioning entrance and enhances the continuity of the pedestrian oriented environment. A modification shall not result in an increased dominance of vehicular parking or garage doors along the front of the building.
3. The roof design shall not be out of character with other buildings along the block and shall be within the minimum and maximum height requirements of the district.
4. The exterior finish materials shall be of equal or better quality and durability as those permitted herein, with the intent to allow for new technologies in building material while maintaining the desired character of the Triangle Overlay District.
5. Ground floor windows shall be provided along the front sidewalk to maintain the pedestrian orientation of the streetscape and upper story windows shall not be incompatible with the rhythm and proportions of windows on other buildings along the block.

Effective on: 1/1/1901

1. Street Design Standards: All streets shall be constructed to meet the requirements of the City of Birmingham.
2. Sidewalks: Sidewalks in the Triangle Overlay District shall be a minimum of 12 feet wide. Sidewalks along Woodward Avenue shall be a minimum of 7 feet wide. The Planning Board may allow the sidewalk along blocks that are occupied by only residential uses to be a minimum of 5 feet wide.
3. Street Trees: One (1) canopy tree shall be provided for every 40 feet of frontage planted within tree grates in the sidewalk.
4. Street Lights: Pedestrian level street lighting of a decorative nature shall be installed along all sidewalks and shall be designed to promote the traditional neighborhood character of the area. Light fixtures shall meet the specification in the City of Birmingham. Hanging planters must be installed on all light fixtures as directed by the Planning Board.
5. Alleys: Alleys shall be permitted in the Triangle Overlay District and shall be required where necessary to provide access to parking lots, loading areas and garages at the property.
   1. Alleys serving as access to residential garages shall be located within an easement with a minimum pavement necessary for circulation and emergency vehicle access.
   2. Alleys accessing commercial parking lots and loading areas in the rear of a site may be used as drive aisles in interior block parking lots with parking spaces along the alleys.
6. Street Furniture: Benches and trash receptacles shall be provided by the developer in park and plaza areas and along adjoining sidewalks where the Planning Board determines that pedestrian activity will benefit from these facilities.
7. Bicycle Facilities: All developments shall be designed to accommodate bicycle travel, including the provision of bike racks. All parking structures and parking lots for commercial uses, recreational uses and institutional uses shall include sufficient bike racks to allow the parking of a minimum of one bike for every 10 automobiles or one bike for every 3,000 square feet of building floor area, whichever is greater.

Effective on: 1/1/1901

The purpose of the Via Activation Overlay District is to:

1. Recognize the role and character of vias in creating a fine grain urban realm and improving walkability;
2. Encourage and direct development within the boundaries of the Via Activation Overlay District and implement the Activating Urban Space: A Strategy for Alleys & Passages;
3. Encourage a form of development in vias that will achieve the physical qualities necessary to enhance, activate and re-imagine unique urban spaces in Birmingham;
4. Encourage the improvement of building facades adjoining vias and ensure the use of pedestrian scaled architectural details; and
5. Encourage first floor building uses to extend into and engage users of vias.

Effective on: 1/1/1901

1. The Via Activation Overlay District shall be an overlay district that applies to all existing and future vias in all zoning districts within the areas identified below:

1. 2. Use and development of land within the Via Activation Overlay District shall be regulated as follows:
      1. Any existing use shall be permitted to continue and the use shall be subject to the underlying zoning requirements and not the Via Activation Overlay District.
      2. Where an existing use within a building is proposed to be expanded by more than 50% of its size, the use shall be subject to the building use standards of the Via Activation Overlay District to the maximum extent practical, as determined by the Planning Board.
      3. Any expansion to an existing building that expands the area of the building by more than 40% of the existing building area shall subject the entire building to the requirements of the Via Activation Overlay District and shall be brought into compliance with the requirements of the Via Activation Overlay District to the maximum extent practical, as determined by the Planning Board.
      4. Where a new building is proposed, the use and site shall be subject to the requirements of the Via Activation Overlay District.
   3. Development applications within the Via Activation Overlay District shall be required to follow the Site Plan Review and Design Review standards contained in Article 7.
   4. Activating Urban Space: A Strategy for Alleys & Passages has been adopted that divides Birmingham’s alleys and passages into distinct classifications. Each classification designated in the Activating Urban Space: A Strategy for Alleys & Passages, prescribes requirements for building form, design and use as follows:
      • Active Via: An alley with a mix of uses and activities used by pedestrians/bicyclists for travel, some commercial activities, pausing for respite, outdoor dining, etc. with shared use by service vehicles (deliveries, trash removal, etc.).
      • Connecting Via: A passage that provides a through-block connection for pedestrians and/or bicyclists only.
      • Destination Via: Alleys or passages that people are drawn to as a destination for participating in cultural activities, commercial activities, recreational activities, special events, and other activities.

Alley and passage classifications for Birmingham’s existing network within the Via Activation Overlay District are identified as follows:

5. While not required, any improvements to vias or uses for vias that are permitted in the Via Activation Overlay District regulations are also permitted in existing or future vias located throughout the City in all zoning districts, with approval of the Planning Board.

Effective on: 1/1/1901

1. The design of buildings and sites adjacent to vias shall be regulated by the provisions of the Via Activation Overlay District.
2. Section 3.13 to Section 3.16 shall govern the design of all privately owned land within the Via Activation Overlay District.
3. The provisions of the Via Activation Overlay District, when in conflict with other articles of the Zoning Ordinance, shall take precedence.
4. The provisions of the Via Activation Overlay District shall specifically supersede all standards for the underlying zone district with regards to signage, landscaping, side and rear setbacks, design and use for all portions of buildings and sites directly adjoining a via.
5. The provisions of the Building Code and building regulations in Chapter 22 of the Birmingham City Code and the historic preservation regulations in Chapter 62 of the Birmingham City Code, when in conflict with the Via Activation Overlay District, shall take precedence.
6. The design of community buildings and public improvements within the Via Activation Overlay District shall not be subject to the specific standards of this article, but shall be subject to review by the Planning Board.

Effective on: 1/1/1901

1. A.
   Permitted and Prohibited Uses: To enhance the amenity and character of vias, and to enhance visual interest and encourage surveillance of urban spaces, active uses should be provided at the ground floor level along the majority of the edges of buildings located adjacent to vias. While buildings should accommodate these uses, care must be taken to avoid conflict with pedestrian movement in the via. To specifically encourage the activation of vias, the following uses are permitted within Active, Connecting, and Destination Vias:

   1. 1.
      Retail sales and display;
   2. 2.
      Public plazas and informal gathering spaces;
   3. 3.
      Outdoor Dining;
   4. 4.
      Art display; and
   5. 5.
      Community Gardens.

   In addition, the following uses are also permitted within Connecting and Destination Vias:

   1. 1.
      Outdoor dining; and
   2. 2.
      Special Events.

   The following are specifically prohibited in all vias:

   1. 1.
      Automatic food and drink vending machines outdoors;
   2. 2.
      Drive-in facilities or any commercial use that encourages patrons to remain in their automobiles while receiving goods or services;
   3. 3.
      Unscreened trash receptacles; and
   4. 4.
      Unscreened outdoor storage.
2. B.
   Parking Requirements: To encourage active use of vias, the following parking standards apply in vias:

   1. 1.
      Additional parking spaces shall not be required for the square footage of any via used for any of the permitted uses listed in Section 3.16(A) above that extend from inside buildings into a via.
   2. 2.
      Openings for parking garage access from vias shall repeat the same rhythm and proportion as the rest of

      the building to maintain a consistent look on all facades facing a via.

3. C.
   Side and Rear Setbacks: Buildings and their elements shall be placed on lots as follows:

   1. 1.
      Side setbacks shall not be required where side lot lines adjoin a via;
   2. 2.
      A minimum 10 foot rear yard setback must be provided from the midpoint of the via, except that the Planning Board may allow this setback to be reduced or eliminated; and
   3. 3.
      Awnings and/or canopies are encouraged to project into a via, but must provide at least 8 feet of clearance above the via, and may not encroach the clear zone for service vehicles.
4. D.
   Multi-Modal Access: To encourage broad use and multi-modal, 24 hour access to vias as corridors for local travel and social interaction, while providing safe travel for all users, the following standards apply:

   1. 1.
      To maintain access for service vehicles, a 10 foot wide clear zone (extending 22 feet in height), must be maintained for all Active Vias;
   2. 2.
      In Active vias, signs must be posted indicating:

      1. a.
         Entire via is a shared access corridor, and
      2. b.
         Maximum speed for motor vehicles is 5 mph (walking pace);
   3. 3.
      In all vias, the use of vehicle parking gates, fencing and other similar barriers to access are prohibited; and
   4. 4.
      The addition of crosswalks is encouraged where vias intersect streets, particularly in locations with another via entry on the other side of the street.

   5. E.
      Viascape Standards: To enhance the appearance of vias without stifling creative design, the following standards apply:

      1. 1.
         For publicly owned vias:

         1. a.
            Broom finish concrete with exposed aggregate paving accents must be used for visual interest in all vias;
         2. b.
            All furniture and finishes used are required to match the streetscape requirements of the district in which the via is located, except if located within an area leased for private use; and
         3. c.
            Furniture placement should consider available space, potential for use and proximity to activity centers;
      2. 2.
         For privately owned vias:

         1. a.
            Paving materials and furniture may be selected to suit adjacent private development, subject to approval by the appropriate board or commission; and
         2. b.
            Furniture placement should consider available space, potential for use and proximity to activity centers.
      3. 3.
         In all vias, chain link enclosures of stairs, windows, entrances or other features, and other similar barriers are prohibited.
   6. F.
      Landscaping: To enhance the appearance and drainage of all vias, the following standards apply:

      1. 1.
         The planting of Boston Ivy and /or other climbing vegetation is encouraged on all facades of buildings adjoining a via. Planting pockets must extend a minimum of 9 inches from the edge of all building facades, and must exceed 2 feet in length;
      2. 2.
         The planting of trees and shrubs is required along the edge of vias where the reviewing board or commission determines that sufficient space exists;
      3. 3.
         Where sufficient space is not available for planting beds, the use of planter boxes, trellises and/or green screens are encouraged; and
      4. 4.
         The use of porous concrete and green pavers is encouraged.
   7. G.
      Lighting: To ensure the use of appropriate lighting for safety, security, visibility, and architectural enhancement, the following standards apply:

      1. 1.
         Via lighting must be provided by adjoining property owners where needed to ensure the safety of pedestrians. The need for such lighting and the type of lighting to be provided will be determined by the reviewing board or commission;
      2. 2.
         Surface lighting of building facades lining a via is encouraged over freestanding pathway lighting;
      3. 3.
         The scale, color, design and material of all luminaires must enhance the via in which it is located, as well as be compatible with the surrounding buildings and urban space; and
      4. 4.
         Where lighting is used for architectural enhancement of building features, art or landscaping, appropriate methods shall be used to minimize reflection and glare.
   8. H.
      Design Standards: All portions of buildings and sites directly adjoining a via must maintain a human scale and a fine grain building rhythm that provides architectural interest for pedestrians and other users, and provide windows and doors overlooking the via to provide solar access, visual interaction and surveillance of the via. To improve the aesthetic experience and to encourage pedestrians to explore vias, the following design standards apply for all properties with building facades adjoining a via:

      1. 1.
         Blank walls shall not face a via. Walls facing vias shall include windows and architectural features customarily found on the front facade of a building, such as awnings, cornice work, edge detailing or decorative finish materials. Awnings shall be straight sheds without side flaps, not cubed or curved, and must be at least 8 feet above the via at the lowest drip edge;
      2. 2.
         First floor retail, restaurant and office uses are encouraged to be directly accessible to the public from adjoining vias;
      3. 3.
         Glass shall be clear or lightly tinted only. Opaque applications shall not be applied to any glass surfaces facing a via unless specifically approved by the Planning Board to screen electrical, plumbing or mechanical equipment;
      4. 4.
         Creative designs and bold use of color is encouraged; and
      5. 5.
         Any building facade that terminates a view, as designated on the Via Activation Plan, shall provide distinct and prominent architectural features of enhanced character and visibility or artistic elements, which reflect the importance of the building’s location and create a positive visual landmark within the via system.

1. I.
   Commercial Signage: To encourage creativity, to add color and to activate the urban space in vias, the following sign standards apply for all properties with building facades immediately adjoining alleys or passages:

   1. 1.
      All doors adjoining alleys or passages are required to provide signage identifying the first floor business(es) contained therein;
   2. 2.
      All first floor uses with rear or side entrances onto alleys or passages must provide pedestrian scaled projecting signs mounted perpendicular to the corresponding facade. One projecting sign is required for each facade with an entrance onto a via. Projecting signs may extend no more than 4 feet from the building facade, projecting banners may extend no more than 6 feet from the building facade, and neither may encroach the clear zone for service vehicles;
   3. 3.
      The lowest point of all projecting signage must be a minimum of 8 feet above grade;
   4. 4.
      Alley and passage commercial signage must be reviewed in accordance with the procedure contained in Article 2 of the Birmingham Sign Ordinance (Chapter 86 of the City Code), but is intended to be bolder and more graphic in nature than storefront signage; and
   5. 5.
      The square footage of the required alley and passage commercial signage required in this section will not count against the maximum total signage permitted on the site.

10. J.
    Wayfinding Signage: To encourage the use of all urban space by attracting businesses to vias, and by engaging pedestrians to explore vias, the following wayfinding sign standards apply for all properties with building facades immediately adjoining any entrance to a via:

    1. 1.
       A directory sign is required to be mounted on at least one of the building facades adjoining an entrance to a via. Directory signs must identify all businesses contained within or along a via. Where more than one building facade adjoins an entrance to a via, the board or commission reviewing the signage and/or site plan shall select the best facade(s) for this purpose;
    2. 2.
       An approved City-standard passage wayfinding identification sign must be provided at each entrance to a via, and at all connection points where alleys or passages converge, intersect or end.
    3. 3.
       All alley and passage wayfinding signage must be reviewed in accordance with the procedure contained in Article 2 of the Birmingham Sign Ordinance (Chapter 86 of the City Code); and
    4. 4.
       The square footage of the required alley and passage wayfinding signage required in this section will not count against the maximum total signage permitted on site.

(Ord. No. 2380, 05/22/2023) 

Effective on: 6/11/2023