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

• 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

Effective on: 1/1/1901

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

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

Effective on: 1/1/1901

(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

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

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

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

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

Effective on: 1/1/1901

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. 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

Effective on: 1/1/1901