1. Refer to the two-page layouts in Article 2 for a specific zoning district. In the “Additional Development Standards that Apply” box for that specific Zoning District are listed four-digit codes that determine which development standards apply. Only the four-digit codes noted in the “Additional Development Standards that Apply” section apply to that Zoning District.

   [As an example, on page 2-5in Section 2.04, the four digit code “AS-01” can be found under the “Additional Development Standards that Apply” section in the Single-Family Residential (R1A) District. Therefore, the Development Standards in the section labeled “AS-01” (on page 04-3in Section 4.02) would apply to the Single-Family Residential (R1A) District.]

2. Refer to the icons used at the top of each development standard section in Article 4. Each development standard section begins with a four-digit code and introductory sentence followed by icons with zoning district abbreviations (i.e.  for the Parking District or for the Multiple-Family Residential District). These district icons note that the development standard written in that section applies to that district.

   [As an example, on page 04-3in Section 4.02, the R1A icon can be found under the AS-01 development standard section. Therefore the language in the AS-01 section would apply to the R1A District.]

Effective on: 1/1/1901

The following accessory structure standard applies:

1. Occupancy: Residential occupancy of accessory buildings is prohibited.

Effective on: 1/1/1901

The following accessory structure standards apply:

1. A.
   Front and Side Open Space Limitations: No accessory buildings or structures shall be erected in the required front open space or side open space, except as may otherwise be provided in this section.
2. B.
   Rear Open Space Limitations: Accessory buildings or structures may occupy a portion of the rear open space. They shall be at least 3 feet from any lot line, except as otherwise provided in this Article. If a lot has frontage on 2 streets so that the rear lot line abuts the street, accessory buildings or structures shall be set back from the rear lot line the same distance required in each two-page layout in Article 2, as a front setback for lots fronting on the street. An accessory building is not permitted closer to a principal building on an adjoining lot than the sum of the minimum required side setbacks as determined in Section 4.74(C).
3. C.
   Corner Lots: On corner lots where a rear open space abuts a front or side open space, accessory buildings or structures on a corner lot shall have a minimum setback of 5 feet from the rear lot line.
4. D.
   Setback from Principal Building: An accessory building or a swimming pool shall not be closer than 10 feet to the principal building located on the same lot.
5. E.
   Satellite Antennas: Satellite antennas are permitted only in the rear open space. They are prohibited on the roof of any principal building or accessory building. They are limited to a maximum of 15 feet in height above grade and a minimum of 3 feet from the rear and side lot lines.
6. F.
   Basketball Apparatus: A basketball apparatus may be placed within the required front open space and side open space of a single-family residential lot and only in conformance with the following conditions:

   1. 1.
      No more than 1 basketball backboard, either garage or pole-mounted, may be located in the required front or side open space.
   2. 2.
      A single basketball backboard may be mounted directly on the garage.
   3. 3.
      A single, pole-mounted backboard may be located only within the one-third of the required front open space or side open space nearest the dwelling and contiguous to the driveway.
7. G.
   Maximum Building Height: The maximum eave height on all accessory structures shall not exceed 12 feet. The maximum building heights for accessory structures are as follows:

   1. 1.
      Gable, hip, gambrel, barrel or shed roofs:

      1. a.
         R1A, R1: 15.5 feet to midpoint
      2. b.
         R2: 15 feet to midpoint
      3. c.
         R3: 14.5 feet to midpoint
      4. d.
         The roof line on gambrel and barrel roofs may not project more than 2 feet past an imaginary plane drawn from the eave to the highest point on the roof. The highest point on an accessory structure with a shed roof must face the interior of the lot on which it is located.
   2. 2.
      Flat roofs:

      1. a.
         R1A, R1: 12 feet
      2. b.
         R2: 12 feet
      3. c.
         R3: 12 feet

3. 3.
   Mansard roofs:

   1. a.
      R1A, R1: 15.5 feet to deck line
   2. b.
      R2: 15 feet to deck line
   3. c.
      R3 14.5 feet to deck line

8. H.
   Area: The maximum area of the first floor of any accessory structure or accessory structures in combination shall not exceed 10% of the lot area or 600 square feet in R1 and R1A, 550 square feet in R2, or 500 square feet in R3, whichever is less. Outdoor living area is prohibited above the first story on any accessory structure.
9. I.
   Proportionality Between Accessory Structures and Principal Structures: The height of an accessory structure must be lower than the height of the principal structure on the same lot. The total area of habitable space in an accessory structure must not exceed 75% of the total area of habitable space in the principal structure on the same lot.

10. J.
    Dormers: Dormers on accessory structures are limited to 50% or less of the width of the roof per elevation or a 10 foot interior dimension, whichever is greater. Dormers may not exceed the height of the roofline from which they are projecting. Dormers are not permitted on accessory structures with gambrel, barrel, flat or mansard roofs.
11. K.
    Windows: On elevations adjacent to abutting property lines, a maximum of 8 square feet of glazing area is permitted per elevation on the second level of an accessory structure if located less than 6 feet above the floor of the second level of the accessory structure. Unlimited glazing is permitted if located at least 6 feet above the floor of the second level of the accessory structure.
12. L.
    Exterior Staircases: Above grade exterior staircases are prohibited on accessory structures.
13. M.

    Air Conditioning Units: All new and existing air conditioning units shall not count against lot coverage calculations. Non-conforming air conditioning units located within required side yard setbacks may be continued, maintained and replaced provided:

    1. 1.

       The area occupied or devoted to such use is of similar size and location;

    2. 2.

       The nonconforming unit(s) must be screened from street view and the abutting property by privacy fence, landscaping or landscape fence.

14. N.
    Standby Generators: All new and replacement standby generators are subject to the following requirements:

    1. 1.
       The placement of standby generators shall be limited to the rear open space only at a location that is at least 5 feet from any principal building or accessory building with habitable space as defined in the Michigan Residential Code in effect at the date of the application including any overhang or projection and subject to the requirements of the open space limitations of subsections A and B of this section.
    2. 2.
       Standby generator exhaust outlets: 

       1. a.
          Shall be directed into the rear open space; and 
       2. b.
          Shall not be directed towards any principal building or accessory building with habitable space as defined in the current Michigan Residential Code located within 20 feet.
    3. 3.
       Standby generators shall be used only when the normal power source of the residence has been disrupted. As soon as normal power has been restored, the owner must cease operation of the generator.
    4. 4.
       A permit must be obtained for the installation of any standby generator on such forms as required by the Community Development Department.
    5. 5.

       All standby generators shall be maintained in good working order. Property owners are responsible for maintaining and operating the standby generator and complying with all applicable code requirements. Automatic maintenance exercise testing is limited to not more than 15 minutes once a week, Monday-Friday, between the hours of 7:00 a.m. to 5:00 p.m.

    6. 6.
       Non-conforming standby generators may be continued and maintained provided:

       1. a.
          The non-conforming standby generator shall meet the requirements of subsection 5 of this section;
       2. b.
          In the event a generator is determined to be unsafe by the Fire Department due to carbon monoxide readings measured in a dwelling, the Fire Department may issue a cease and desist order for the usage of the generator unit and issue an order for the generator to be relocated to the rear yard in accordance with the standards in this section.

(Ord. No. 2370, 10/24/2022; Ord. No. 2512, 03/24/2025) 

Effective on: 4/6/2025

The following accessory structure standard applies:

1. Structures Permitted: No accessory building shall be permitted except by site plan approval by the appropriate reviewing body in accordance with the regulations as set forth in Site Plan Review in Article 7.

Effective on: 1/1/1901

The following accessory structure standard applies:

1. Structure Placement: No accessory buildings or structures other than a garage or carport shall be constructed or placed in the rear yard setback.

Effective on: 1/1/1901

The following accessory structure standards apply:

1. Front, Side, or Rear Open Space Limitations: No accessory buildings shall be erected in the front open space, side open space or rear open space.
2. Satellite Antennas: Satellite antennas are permitted in the rear open space or on the roof, provided they receive Design Review approval from the Design Review Board. Roof and ground-mounted satellite antennas shall not exceed the maximum height permitted for the principal building in the non-residential zoning district.

Effective on: 1/1/1901

The following accessory structure standards apply:

1. Residential Units: Residential units located in accessory structures are permitted provided that the residential units meet the minimum unit requirements identified in each two-page layout in Article 2. Where there is a conflict between this provision and the requirements of Section 4.02, this Section shall take precedence.
2. Satellite Antennas: Satellite antennas are permitted in the rear open space or on the roof, provided they receive Design Review approval from the Design Review Board. Roof and ground-mounted satellite antennas shall not exceed the maximum height permitted for the principal building in the non-residential zoning district.

Effective on: 1/1/1901

The following drainage standards apply:

1. Drainage Regulations:
   1. Drainage Plan shall be submitted in conjunction with a building permit application subject to approval by the Building Official and/or City Engineer.
   2. Drainage shall be conducted in accordance with the Drainage Plan.
   3. Drainage shall be conducted to avoid or prevent the discharge of water into, onto or across an adjacent lot where it could cause damage to such lot or become a health hazard or nuisance as determined by the Building Official and/or City Engineer.

Effective on: 1/1/1901

The following essential services standard applies:

1. Essential Services: Essential services shall be permitted as authorized and regulated by law and other ordinances of the city and are exempt from the application of the Zoning Ordinance.

(Ord. No. 2352, 07/26/2021)

Effective on: 8/29/2021

The following fence standards apply:

1. Playgrounds: Fences which enclose public or institutional playgrounds shall not exceed 7 feet in height above grade, and shall not obstruct vision to an extent greater than 25% of their total area.
2. Fence Construction: Fences shall contain no barbed wire, electrical current or charge of electricity.
3. Maintenance:
   1. All fences shall be maintained in good order, including that they be plumb and level.
   2. All deteriorated and missing boards shall be replaced.
   3. Plant materials in vegetative fences shall be maintained in a healthy condition.
   4. Dead or diseased plant materials shall be replaced with healthy materials of like size and kind.

Effective on: 1/1/1901

The following fence standards apply:

1. Fence Height:
   1. Fences shall not exceed 6 feet in height above grade when located in any portion of the required side or rear open space.
   2. Fences located in the front open space shall not exceed 3 feet in height;
      1. except when the fence is located in the required front open space but behind the front of the principal building; and
      2. except when the fence is located immediately adjacent to the rear lot line of a corner lot, then the fence shall not exceed 6 feet in height.

Effective on: 1/1/1901

(Reserved)

Effective on: 1/1/1901

The following floodplain standards apply:

1. Purpose: The purpose of this section is to significantly reduce hazards to persons and damage to property as a result of flood conditions in the city, and to comply with the provisions and requirements of the national flood insurance program and subsequent enactments and rules and regulations of the Federal Emergency Management Agency, Office of Federal Insurance and Hazard Mitigation, as published in the Federal Register. The section is intended:
   1. To protect human life, health and property from dangerous and damaging effects of flood conditions;
   2. To minimize public expenditures for flood control projects, rescue and relief efforts in the aftermath of flooding, repair of flood-damaged public facilities and utilities, and redevelop flood-damaged homes, neighborhoods, commercial and industrial areas;
   3. To prevent private and public economic loss and social disruption as a result of flood conditions;
   4. To maintain stable development patterns not subject to the blighting influence of flood damage;
   5. To ensure the public has access to information indicating the location of land areas subject to periodic flooding; and
   6. To preserve the ability of floodplains to carry and discharge a base flood.
2. Delineation of the Floodplain Overlay Zone:
   1. The floodplain shall overlay existing zoning districts delineated on the zoning map. The boundaries of the floodplain shall coincide with the boundaries of the areas indicated as within the limits of the 100-year flood in the report entitled "Oakland County Flood Insurance Study" dated September 29, 2006, with accompanying flood insurance rate maps and flood boundary and floodway maps, including Flood Insurance Rate Map(s) (FIRMS) panel numbers of 26125C0517F, 0529F, 0536F, 0537F, 0538F, and 0541F and dated September 29, 2006. A regulatory floodway shall be designated within the floodplain. The boundaries of the regulatory floodway shall coincide with the floodway boundaries indicated on the flood boundary and floodway map. The study and accompanying maps are adopted by reference, and declared to be a part of this article.
   2. The exact location of the limits of the floodplain and the floodway shall be determined by the City Engineer.
3. General Regulations:
   1. There shall be no new construction, alterations or additions, or substantial improvements to existing buildings, or changes in existing topographical features within the floodplain except as hereinafter provided:
      1. All new construction and substantial improvements within a floodplain shall:
         1. Be designed and anchored to prevent flotation, collapse or lateral movement of the structure;
         2. Be constructed with materials and utility equipment resistant to flood damage; and
         3. Be constructed by methods and practices that minimize flood damage.
      2. All new and replacement water supply systems shall minimize or eliminate infiltration of floodwaters into the systems.
      3. All new and replacement sanitary sewage systems shall minimize or eliminate infiltration of floodwaters into the systems and discharges from systems into floodwaters. On-site waste disposal systems shall be located to avoid impairment to the system or contamination from the system during flooding.
      4. All public utilities and facilities shall be designed, constructed and located to minimize or eliminate flood damage.
      5. Adequate drainage shall be provided to reduce exposure to flood hazards.
      6. Land shall not be divided in a manner creating parcels or lots which cannot be used in conformance with the requirements of this section.
      7. Any altered or relocated watercourse shall maintain its flood carrying capacity even if not subject to state or federal regulations.

8. Available flood hazard data from federal, state or other sources shall be reasonably utilized in meeting the standards of this section. Data furnished by the Office of Federal Insurance and Hazard Mitigation shall take precedence over data from other sources.

2. Where buildings or structures are permitted on the floodplain or on any land immediately adjoining the floodplain by other sections of this Code, the elevation of the lowest floor shall be determined by the use to be made thereof in accordance with the following:
   1. The elevation of the lowest floor designed or intended for human habitation in residential buildings, and except as hereinafter provided in this section, the elevation of the lowest floor designed or intended for retail, office, or other commercial uses in a commercial building shall be at least 2 feet above the elevation of the base flood level.
   2. The elevation of a basement floor or other floor not designed or intended for human habitation in a residential building, and except as provided in this section, the elevation of a basement floor used for storage, mechanical equipment, and similar uses in a commercial building shall be no lower than the elevation of the base flood level.
   3. Floors of parking lot attendant’s booths, mechanical equipment buildings, garages, parking areas, carports and similar accessory buildings may be below the elevation of the base flood level.
   4. The elevation of the lowest floor, or basement, in a commercial building may be below the elevation required under this section, provided that the portion of the building below such elevation, together with attendant utility and sanitary facilities, is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied, and that the floodproofing methods employed are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with a base flood in the location of the structure.

4. Floodway Protection Standards:
   1. New construction, alterations or additions, substantial improvements and all other development, including fill, shall be prohibited within the floodplain, except where it is demonstrated that the cumulative effect of the proposed development when combined with all other existing and anticipated development will not harmfully increase the water surface elevation of a base flood. In determining whether a harmful increase will occur, compliance with Act No. 245 of the Public Acts of Michigan of 1929 (MCL

      323.1 et seq., MSA 3.521 et seq.), as amended by Act No. 167 of the Public Acts of Michigan of 1968 shall be required, provided that the allowable increase shall not exceed 1 foot. The provisions of this section shall not apply within the regulatory floodway. The provisions of subsection (b) of this section shall be applied to land situated within the regulatory floodway.

   2. All development occurring within the regulatory floodway shall comply with the following standards: encroachments, including fill, new construction, alterations or additions, substantial improvements and other development shall be prohibited. Exception to this prohibition shall only be made upon certification by a registered professional engineer or the department of natural resources that the cumulative effect of the proposed development when combined with all other existing and anticipated development will not harmfully increase the water surface elevation of a base flood. In determining whether a harmful increase will occur, compliance with MCL 323.1 et seq., MSA 3.521 et seq., as amended by MCL 323.2a et seq., MSA 3.522 (1) et seq., shall be required, providing that the allowable increase, including that increase used as the engineering design standard for delineating the floodway, shall not exceed 1 foot.
5. Disclaimer of Liability: The degree of flood protection required by the Zoning Ordinance is considered reasonable for regulatory purposes and is based upon engineering and scientific methods of study. Larger floods may occur on rare occasions. Flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. Approval of the use of land under the Zoning Ordinance shall not be considered a guarantee or warranty of safety from flood damage. The Zoning Ordinance does not imply that areas outside the floodplain will be free from flood damage. The Zoning Ordinance does not create liability on the part of the city or any officer or employees thereof for any flood damages that result from reliance on the Zoning Ordinance or any administrative decision lawfully made thereunder.

Effective on: 1/1/1901

The following floodplain standards apply:

1. Partial Floodplain Lots: When a lot has a portion thereof within the floodplain, the portion thereof within the floodplain may be used to compute the lot area requirements set forth in this Zoning Ordinance.
2. Restrictions Imposed: All lands included in such floodplain control district shall be subject to the restrictions imposed in this section, in addition to the restrictions imposed by any other zoning district in which such lands should be located.

Effective on: 1/1/1901

The following floodplain standards apply:

1. Partial Floodplain Lots: When a lot has a portion in the floodplain, the portion within the floodplain may be used to compute the permitted density of dwelling units to be constructed on the portion of the lot outside the floodplain; provided, however:
   1. The total number of permitted dwelling units outside the floodplain shall not exceed the number of dwelling units which would be permitted on the portion of the lot outside the floodplain by the multiple- family district permitting the number of dwelling units next highest in number to the district in which the lot is zoned.
   2. The total usable floor area of the dwelling units outside the floodplain shall not exceed 50% of the lot area outside of the floodplain.
2. Restrictions Imposed: All lands included in such floodplain control district shall be subject to the restrictions imposed in this section, in addition to the restrictions imposed by any other zoning district in which such lands are located.

Effective on: 1/1/1901

The following height standards apply:

1. Maximum Building/Eave Height: The maximum building height shall be as per each two-page layout in Article 2.
2. Maximum Stories: The maximum number of stories shall be as per each two-page layout in Article 2.
3. Structures Excluded: The maximum height limits set forth in the two-page layout in Article 2 shall not apply to radio or television antennas, chimneys and flagpoles, provided they do not exceed the required maximum height limits by more than 10 feet.
4. Gable Roofs: If mechanical equipment and/or other mechanical appurtenances are located within the building and under a gable roof only, the maximum height of the gable roof may exceed the maximum height limits set forth in the two-page layout in Article 2 by 10 feet, providing such gables are constructed of materials found by the Planning Board and Design Review Board to be in conformance with the standards in the Design Review Section of Article 7 and subsequently approved by the Planning Board and Design Review Board.
5. Modifications: The height limits set forth in the two-page layout in Article 2 may be modified by the Board of Zoning Appeals in their application to belfries, chimneys, church spires, cupolas, domes, masts, aerials, skylights, smokestacks, ventilators, towers, and other similar appurtenances pertaining to and necessary to the permitted uses of the districts in which they are located, provided that such height modifications do not violate the spirit and intent of the Zoning Ordinance.

Effective on: 1/1/1901

The following height standard applies:

1. Non-Residential Uses: When a principal building or accessory building is being built on a lot in a commercial, office, parking or multiple-family district which does not contain residential uses, which abuts property zoned for a single- or two-family use, the height of the building shall not exceed the distance which the building is set back from the lot line forming the boundary between the residential district and the lot on which the building is to be built. Where the building is located across an alley from the property zoned for single or two-family use, the height of the building shall not exceed the distance which the building is set back from the line forming the zoning district boundary between the residential district and the district in which the building is being built. For lots in the Downtown Birmingham Overlay District, see Article 3.

Effective on: 1/1/1901

The following height standard applies:

1. Structures Excluded:
   1. The maximum height limit set forth in the two-page layout in Article 2 shall not apply to any mechanical penthouses, stair enclosures, elevator shafts, elevator lobbies, rooftop screening, rooftop mechanical equipment and/or other rooftop mechanical appurtenances, provided the mechanical appurtenances are screened in accordance with Section 4.54.
   2.  An elevator shaft may exceed the maximum height limit by no more than 16 feet.
   3. An elevator lobby may exceed the maximum height limit by no more than 16 feet provided that it is no larger in area than the area of the elevator shaft which it abuts, measured to the exterior walls.
   4. Stair enclosures, rooftop screening, rooftop mechanical equipment and/or other rooftop mechanical appurtenances may exceed the maximum height limit by no more than 10 feet.
   5. Rooftop amenities such as pergolas, trellises, furniture and other similar items may exceed the maximum height limit by no more than 10 feet, provided they meet the requirements of Rooftop Use Standards in Article 5.

(Ord. No. 2323, 08/05/2019) 

Effective on: 9/15/2019

The following height standards apply:

1. Roofs:
   1. Flat roofs shall be no more than 45 feet.
   2. Eave line for sloped roofs shall be no more than 40 feet.
   3. Peak or ridge of any sloped roof shall be no more than 50 feet as measured to the average grade at the sidewalk at the frontage line.
   4. Sloped roofs no greater than 45 degrees measured to the horizontal shall be permitted for the screening of mechanical and other equipment.
   5. Maximum of 4 stories.
2. Structures Along Eton Road: The minimum eave height for a 1 story building along Eton Road shall be 18 feet.

(Ord. No. 2324, 08/05/2019) 

Effective on: 9/15/2019

The following landscape standards apply:

1. Intent: Landscaping is an essential part of the design and development of a site. Landscape plantings are a benefit to the environment, public health, air quality, safety, comfort, convenience and general welfare of the community. These standards will result in the reduction of storm water runoff, heat buildup and will filter and reduce glare from car headlights. They may reduce energy costs in structures and will improve the aesthetics of the community.
2. Applicability of Landscape Standards:
   1. Sub-sections (D)(1) through (6) and section (E) apply to all property in the City of Birmingham.
   2. In addition to sub-sections (D)(1) through (6) and section (E), all other sub-sections apply to properties in the City of Birmingham that are subject to site plan review pursuant to Section 7.24 of the Birmingham Zoning Ordinance, if:
      1. The construction of one or more new buildings is proposed,
      2. Improvements are proposed to an existing building which adds 50% or more additional square foot- age or involves the removal of at least one exterior wall, or
      3. The property has an existing or proposed unenclosed parking facility with 20 or more parking spaces.
3. Exceptions:
   1. Sub-sections (E) and (F) do not apply to any property in the Downtown Birmingham Overlay District.
   2. If one or more of the following conditions apply, the Planning Board may approve alternative landscape plans that contain modifications from the required standards of this section, provided that the proposed alternative landscape plan meets the spirit and intent and substantially conforms to this section in terms of quality, effectiveness, durability, hardiness and performance:
      1. The site involves space limitations or is an unusual shape;
      2. Predominant development patterns in the surrounding neighborhood justify alternative compliance for in-fill projects and redevelopment in older established areas of the City; or
      3. Topography, soil, vegetation, or other site conditions are such that full compliance with this section is impossible or impractical.
4. General Standards:
   1. Live Plantings: All landscaping shall consist of approved natural materials or living plant materials.
   2. Unpaved Portion of Site: All undeveloped and unpaved portions of a site shall be planted with grass, ground cover, shrubs or other suitable live plant material, which shall extend to any abutting street pavement edge.
   3. Improvements in the Right-of-Way: Plantings in the right-of-way must be no more than 2 feet in height, with the exception of street trees. All improvements in the right-of-way require a Special Treatment License from the Engineering Department.
   4. Prohibited Species: The following plants and tree materials are specifically prohibited due to their brittleness, susceptibility to disease and insects, excessive root structure, excessive litter, susceptibility to road salt damage or other undesirable traits. Any existing prohibited species may not be replaced. A representative list of prohibited species is provided below. The Staff Arborist maintains a complete list of all of the prohibited species.ibited Species

1. 5. Certified Wildlife Areas: Nothing in this ordinance shall preclude the use and enjoyment of a wildlife area that is certified by a state or nationally recognized organization.
   6. Maintenance: All landscaping areas shall be kept free from refuse and debris. All plant materials shall be maintained in a sound, weed-free, healthy and vigorous growing condition, and free of plant disease and insects. An irrigation system or a readily available water supply sufficient to maintain the landscaping shall be provided in all required landscape areas unless drought resistant native species are utilized.
   7. Plant Material Size:
      1. All plantings to be counted towards the minimum landscaping requirements must meet the following minimum size requirements at the time of planting:
         1. Evergreen Trees: 6 feet in height
         2. Deciduous Trees: 3 inches in caliper
         3. Evergreen & Deciduous Shrubs: 18 inches in height
      2. All replacement plantings for dead or diseased plant materials must meet the same minimum size requirements as new plantings.
   8. Native Species Credit: The use of species native to the region is encouraged. A reduction of 20% of the total number of trees or shrubs required will be granted if 80% or more of the trees and/or shrubs to be planted are native species. The Staff Arborist maintains a complete list of all native species.
   9. Existing Vegetation:
      1. Existing significant trees, tree stands and natural vegetation shall be integrated into the landscaping plan to the maximum extent possible.
      2. Existing healthy trees and shrubs located within required setbacks and areas not required for development shall be preserved. Trees to be preserved shall be pruned to remove dead, diseased or irregular branching, but the crown form characteristic of the species shall be maintained.
      3. Preserved trees shall be protected with sturdy, highly visible barriers around the tree or group of trees, at the critical root zone or dripline and a tree preservation plan shall be submitted and approved by the Planning Director. The critical root zone of the tree shall remain undisturbed by cutting, filling or storage of materials and equipment during the development process.
   10. Existing Vegetation Credit: Any existing deciduous tree on site that is to be preserved and is over 6 inches in caliper at DBH may be counted as 3 new deciduous trees. Any existing evergreen tree on site that is to be preserved and is over 10 feet tall may be counted as 2 new evergreen trees.
   11. Waiver for Innovative Landscaping: In order to further encourage innovative site designs that enhance the quality of the environment in Birmingham, the Planning Board may grant a waiver of any landscaping standards outlined in this ordinance where the Planning Board finds that the proposed plans display an innovative use of site design features, open space or landscaping which will enhance the use and value of neighboring properties.
   12. Removal: Any required landscape element that dies, or is otherwise removed, must be replaced within 1 month, and no later than November 30, from the date of issuance of a Notice of Violation, if such notice is issued during the April 1 to September 30 period; if the violation is issued during the October 1 to March 31 period, the planting shall be completed no later than the ensuing May 31, or be subject to fines and penalties as a civil violation.
   13. Time Period for Completion: All landscaping shall be planted within 3 months, and no later than November 30, from the date of issuance of a temporary Certificate of Occupancy, if such certificate is issued during the April 1 to September 30 period; if the certificate is issued during the October 1 to March 31 period, the planting shall be completed no later than the ensuing May 31. A permanent Certificate of Occupancy shall only be issued after inspection and approval of such plantings.

5. Required Plantings:Required Planti

6. Parking Lot Landscaping: Parking lots greater than 7,500 square feet shall meet the following interior landscaping requirements:
   1. Within the parking lot there shall be interior landscaping areas that total not less than 5% of the total parking lot interior area.
   2. Each interior planting area shall be at least 150 square feet in size, and not less than 8 feet in any single dimension.
   3. There shall be at least one canopy tree for each 150 square feet or fraction thereof of interior planting area required.
   4. The interior planting areas shall be located in a manner that breaks up the expanse of paving throughout the parking lot interior.
7. Street Trees: All site plans shall include in the right-of-way along all streets, at least 1 street tree for each 40 linear feet of frontage. The Staff Arborist may waive this requirement if there is not adequate green space in the right-of-way to support such trees. A list of tree species permitted in the right-of-way are set out in the Master Street Tree Plan maintained by the Staff Arborist.
8. Submittal Requirements: A detailed landscape plan depicting the names, both common and botanical, location, spacing, and size of all plantings to be installed and the location and type of all materials proposed to be included in the landscape treatment areas shall be submitted for approval to the Planning Board at the time of Final Site Plan approval. All ornamental landscape features and landscape lighting must be included on the required landscape plan.

Effective on: 1/1/1901

1. Intent and Purpose: The purpose of this section is to protect the health, safety and welfare of the public by encouraging lighting practices and systems that will minimize glare and light trespass while recognizing the need for buildings and sites to be illuminated for safety, security, visibility, and enhancement. This section provides standards for various lighting forms and situations to improve visibility and curtail the degradation of the nighttime visual environment.
2. Applicability: Recommended Practices of the Illuminating Engineering Society of North America (IESNA) will be used as a guideline for all site lighting decisions of the City of Birmingham. Birmingham ordinances will supersede IESNA when there is a conflict.

   For the purposes of this ordinance, lighting levels within the City of Birmingham will be determined by using Zone E4 foot-candle levels and practices defined by the IESNA¹ as areas of high ambient brightness, normally urban areas having both residential and commercial use and experiencing high levels of nighttime activity.

   The standards in this section shall apply to all outdoor luminaries installed on private property. This ordinance does not apply to interior lighting. Light emitted outdoors from any structure will be subject to control by this section if it is determined that it creates a light nuisance or disability glare as defined by section 9.02 of this ordinance.

   Properties regulated by Special Land Use Permits, or SLUP’s, located in single-family residential zones must comply with all regulations set forth in this ordinance.

3. Submittal Requirements: The following information must be included for all site plan and/or design review submissions that involve new construction or new lighting that may significantly alter the light distribution or illuminance on a site, as deemed necessary by the Planning Division, Planning Board, Design Review Board or Historic District Commission;
   1. Location of all outdoor lighting fixtures, including but not limited to freestanding pole fixtures, building- mounted and canopy mounted luminaries on the site plan and building elevations.
   2. Manufacturer’s specification sheets and details for the type of luminaire(s) being proposed including but not limited to the proposed lamping and lumens, distribution type and optical control methods.
   3. Photometric grid overlaid on the proposed site plan indicating the light intensity throughout the site (in maintained foot-candles). Calculations must be shown for maintained output at ground level and shown at 5’ spacing to 5’ beyond all property lines.
   4. Any other information deemed necessary by the Building Official or Planning Director in accordance with the intent and purpose of this section.
4. General Standards:
   1. Unless specifically permitted within this ordinance, all luminaries shall be full cutoff or cutoff, as defined in Section 9.02, and positioned in a manner that does not unreasonably invade abutting or adjacent properties. Exception to cutoff luminaries can be made at the discretion of the Planning Board, Historic District Commission, or Design Review Board under any of the following conditions:
      1. The distribution of upward light is controlled by means of refractors or shielding to the effect that it be used solely for the purpose of decorative enhancement of the luminaire itself and does not expel undue ambient light into the nighttime environment.
      2. The luminaire is neither obtrusive nor distracting, nor will it create a traffic hazard or otherwise adversely impact public safety, with appropriate methods used to eliminate undesirable glare and/or reflections.
      3. The luminaire is consistent with the intent of the Master Plan, Urban Design Plan(s), Triangle district plan, Rail District plan and/or Downtown Birmingham 2016 Report, as applicable.
      4. The scale, color, design or material of the luminaire will enhance the site on which it is located, as well as be compatible with the surrounding buildings or neighborhood.
      5. Lighting designed for architectural enhancement of building features (i.e. architectural enhancement lighting). Appropriate methods shall be used to minimize reflection and glare.
      6. The site lighting meets all requirements set forth in this ordinance including, but not limited to, light trespass and nuisance violations.
   2. All exterior lighting shall be designed in a consistent and coordinated manner for the entire site.
   3. All luminaries shall use light distribution patterns or positioning that directs light away from adjacent or abutting property when appropriate.²
   4. All exterior lighting not deemed necessary for security purposes or architectural enhancement must be turned off during non-business hours and shall be controlled by means of a photocell control, timer, or other acceptable means of control.
5. Illuminance Levels:
   1. The intensity of light on a site shall not exceed six-tenths (0.6) maintained foot-candles at any property line that abuts a single-family residential zoned property or one and one half (1.5) maintained foot-candles at any property line for any other zoned property. The light intensity shall be measured at 6’ above ground level on a vertical plane.³
   2. The intensity of light on a site which provides a front setback of less than 5’ shall be measured from 5’ beyond the front property line.
   3. The lighting under vehicular canopies shall have a maximum point of illuminance of ten (10) maintained foot-candles⁴ measured on a horizontal plane at ground level. Lighting under vehicular canopies shall be designed in accordance with one or more of the following practices:
      1. Recessed luminaire(s) incorporation of a lens that is either recessed or flush with the bottom surface of the vehicular canopy.
      2. Surface mounted fixture incorporating a flat lens that provides full cutoff light distribution.
      3. Other methods approved by the Planning Board, Historic District Commission or Design Review Board.
6. Parking Facilities:
   1. The maximum height for pole mounted luminaries, including a base or pedestal and pole, measured from ground level to the highest point on the luminaries shall be 13’ for parking lots adjacent to residential properties. All other parking lot locations are limited to 16’ in height.
   2. Parking facility circulation areas shall have a minimum illumination level of two tenths (0.2) foot-candles measured at ground level on a horizontal plane with the exception of areas described in Section 4.21(F)(4).⁵
   3. The distribution of light emitted from parking lot luminaries shall be such that the variation of foot-candle illumination levels in the circulation areas will be no greater than a 20:1 maximum to minimum ratio of variation.⁶
   4. Foot-candle levels of a circulation area within 5 ft. of an adjacent property line may be exempt from the variation ratio provided that the foot-candle levels in that area are between 0.0 and 0.6 foot candles.
   5. All luminaries of a parking facility will use light distribution patterns and/or shielding that directs light away from adjacent or abutting property.⁷
   6. All luminaries will be full cut-off or cut-off, as defined in section 9.02, unless deemed beneficial for aesthetic or safety purposes in accordance with Section 4.21(D)(1) of this ordinance.
   7. Parking facilities that directly abut one another may be allowed to share lighting equipment at the discretion of the Planning Division, provided that all requirements of this ordinance are met. If shared lighting is implemented at the abutting property lines of two parking lots, that property line may be exempt from light trespass levels of Section 4.21(E)(1) of this ordinance.
   8. Security Lighting:
      1. Luminaries deemed security lighting, as defined in Section 9.02, may be lit continuously between sunset and sunrise. All other outdoor lighting shall be turned off during non-business hours. Areas deemed appropriate for security lighting shall include, but not be limited to, sidewalks, pedestrian passages, entrances to buildings, parking structures, alleyways, and bike paths.
      2. When designing security lighting emphasis should be placed on incorporating vertical illuminance as defined in Section 9.02. In order to avoid “high brightness contrast” situations and to increase recognition distances, lighting of surrounding vertical surfaces (trees, walls, building features, or area surrounding features) is encouraged. This lighting will define the space and depth of the environment and help minimize dark areas and shadows, thus increasing safety and security.⁸
      3. Areas approved for security lighting require a minimum of one half (0.5) maintained foot-candles of illumination, at ground level, on a horizontal plane.⁹
      4. Security lighting shall have a maximum variation ratio of 15:1.¹⁰
      5. All security lighting shall comply with light trespass standards set forth in this ordinance.
   9. Prohibited Outdoor Lighting: Flashing, chasing, moving or intermittent type lighting which is visible to the human eye. However, fading is permitted at intervals greater than 120 seconds. This standard also applies to interior lighting seen from the exterior of the building.
   10. Exemptions: The following are exempt from the lighting requirements of this section, provided they are not deemed a light nuisance:
       1. Lighting for Private Swimming Pools.
       2. Lighting for holiday decorations.
       3. Lighting for approved Special Events.
       4. Lighting for U.S. Flags, provided that the light source is shielded.
       5. Lighting which contributes to the historic character of any contributing or non-contributing resource, as determined by the HDC, DRB or Planning Division, located within the boundaries of any historic district as defined in Section 127-25 of the Birmingham City Code.
   11. Lighting Nuisance Violations: Any luminaries erected, constructed, enlarged, altered, replaced, moved, improved, or converted contrary to the provisions of this section shall be unlawful and declared a light nuisance as determined by the Building Official, and is subject to abatement in accordance with IESNA recommendations in the manner provided by law.
   12. Grandfathering of Nonconforming Luminaries: Any luminaries existing at the time of the enactment of this ordinance, or any amendment thereto, that does not conform to the requirements of the district in which it is located may be continued or maintained subject to the following provisions, provided that they do not cause a nuisance as stated in Section 4.22 of this ordinance.
       1. If a nonconforming luminaire is destroyed, it shall be repaired, reconstructed or replaced, in conformity with all the provisions of this ordinance, and the remnants of the former luminaire shall be removed from the property. For purposes of this section, a nonconforming luminaire is “destroyed” if damaged to an extent that the cost of repairing the luminaire to its former condition or replacing it with an equivalent luminaire equals or exceeds 50 percent of the replacement value of the luminaire so damaged, including labor.
       2. Subject to the other provisions of this section, nonconforming luminaries may be repaired so long as the cost of such work does not exceed 50 percent of the cost of such luminaire within any 12-month period.
       3. At the time that a non-conforming luminaire is replaced, moved, upgraded, or otherwise changed, the luminaire must be brought into compliance with the requirements of this ordinance. Routine maintenance, including changing the lamp, ballast, starter, photo control, lens and other required components, is permitted for all existing fixtures.

1 IESNA document RP-33-99 pg. 12
2 IESNA document RP-33-99 pg. 6
3 IESNA document TM-11-00 pg. 7
4 IESNA document RP-33-99 pg. 43
5 IESNA document RP-20-98 pg. 3
6 IESNA document RP-20-98 pg. 3
7 IESNA document RP-33-99 pg. 3
8 IESNA document RP-33-99 pg. 8
9 IESNA document RP-20-98 pg. 3
10 IESNA document RP-20-98 pg. 3

Effective on: 1/1/1901

1. Lighting Nuisance Violations: Any outdoor lighting that is in violation of the following standards shall be considered a nuisance and subject to abatement in the manner provided by law:
   1. The intensity of light on a site shall not exceed six-tenths (0.6) maintained foot-candles at any property line that abuts a single-family residential zone or one and one half (1.5) maintained foot-candles at any property line that abuts any other zoned property. Intensity shall be measured at 6’ above ground level on a vertical plane.¹¹
   2. Luminaries that direct light towards streets, right of way, or parking lots that cause disability glare to motorists or cyclists shall be either shielded or re-directed.
   3. All luminaries shall use distribution patterns, shielding or positioning that directs light away from adjacent or abutting property as appropriate.
   4. All lighting shall use appropriate methods to minimize reflection and glare on adjacent or abutting properties.

 11 IESNA document TM-11-00 pg. 7

Effective on: 1/1/1901

The following lighting standard applies:

1. Electrical Receptacles: Where a holiday lighting program is in effect, outdoor electrical receptacles shall be provided.

Effective on: 1/1/1901

The following loading standards apply:

1. Plans Required: Plans must be submitted to the Planning Board or the Design Review Board showing how the required loading spaces shall be arranged in the area supplied for that purpose, so as to indicate sufficient space for parking maneuvers, as well as adequate ingress and egress to the loading area.
2. Certificate of Occupancy and Use: No certificate of occupancy and use will be issued upon completion of any building or the extension or addition thereto unless and until all loading space requirements, shown on the plans, or made a part of the building permit, are in place and ready for use.
3. Required Off-Street Loading: There shall be provided and maintained on the same premises with every building, or part thereof, which is to be occupied for a use requiring the receipt or distribution in vehicles of materials or merchandise, off-street loading space in relation to building floor area as follows:Office Us

1. 1. All loading spaces and all access drives shall be in addition to the off-street parking area requirements.
   2. Off-street loading space requirements as set forth herein may be reduced as applied to any building abut- ting a paved public alley 18 feet or more in width by 1 loading space for each 40 feet of alley that abuts the lot upon which the building is located.
   3. An off-street loading space, unless provided under the provisions of subsection (2) of this section, shall have the following minimum dimensions: 40 feet long, 12 feet wide and 14 feet high.
   4. An off-street loading space may be completely enclosed within a building, or may occupy a portion of the site outside of the building, provided that where any portion of a loading space is open to public view, such space shall be screened in accordance with Section 4.54 and be a minimum of 6 feet.
   5. Plans for all off-street loading spaces showing the spaces and the maneuvering area shall be approved by the Building Official, City Engineer, City Planner and Police Chief. The loading zone must be accessible when all parking spaces are occupied.

Effective on: 1/1/1901

The following loading standards apply:

1. Loading Zones and Refuse Storage:
   1. Each building used for mixed commercial and residential use shall supply, on the site of the building, a minimum of 2 off-street loading zones and 2 refuse storage areas.
   2. The refuse storage areas and loading zones shall be easily accessible from a public right-of-way and convenient to the principal building.
   3. All areas used for storage of refuse materials and areas used for loading and unloading of materials must be screened from the tenants of the building, adjacent residential areas and the public right-of-way.

Effective on: 1/1/1901

The following loading standards apply:

1. Loading Docks and Service Areas:
   1. Loading docks and service areas shall be permitted only within rear open space.
   2. Doors for access to interior loading docks and service areas shall not face a public or private street, but may face a public or private alley.

Effective on: 1/1/1901

The following lot standards apply:

1. Minimum Lot Area per Unit: The minimum lot area shall be as per each two-page layout in Article 2.
2. Combined Residential Lots: In any district in which single-family dwellings are permitted, if 2 or more lots or combinations of lots and portions of lots have contiguous frontage and single ownership, the lands involved shall be considered to be an undivided parcel for the purpose of this section. No division of the parcel shall be made except as set forth in Chapter 102 of the Birmingham City Code. The invalidity of any clause, sentence, paragraph or part of this section shall not affect the validity of the remaining parts of this section. This section is declared necessary to control the density of residential districts of the city.
3. Access to Residential Lots: No residential building shall be erected on any lot which does not abut for at least 30 feet upon a street and which does not have a minimum width of 30 feet, as measured at a 90-degree angle from the side lot line, for the full distance between the front and rear lot lines. This requirement shall not apply to lots which are platted and unimproved as of December 12, 1966, which lots must abut for at least 15 feet upon a street or permanent unobstructed easement of access connecting such lot with a street.
4. Land Required to Satisfy Regulations: No portion of a lot used in or necessary for compliance with the of this chapter shall through sale or otherwise again be used to satisfy the zoning requirements of another lot.

Effective on: 1/1/1901

The following lot standards apply:

1. Frontage: All frontage on each street abutting a site proposed for development must be contiguous and continuous
2. Building Site: No portion of the building site shall be so separated or isolated from any other portion of the site so as to preclude allowing the purpose of the Site Plan Review Section in Article 7 or so as to isolate or adversely affect the desirability or use of adjoining property.

Effective on: 1/1/1901

The following lot standard applies:

1. Utilities: All buildings shall be served by underground utilities.

Effective on: 1/1/1901

The following open space standards apply:

1. A.
   Minimum Open Space: The minimum open space shall be as per each two-page layout in Article 2.

   1. 1.
      Additional Open Space Standards for Single-Family Residential (R1A – R3): The required 40% minimum open space for all single-family development must consist of a minimum of 75% vegetated open space. Permeable pavers or other semi-hardscape materials are not considered vegetated open space.
2. B.
   Maximum Lot Coverage: The maximum lot coverage shall be as per each two-page layout in Article 2.
3. C.
   Projections into Required Open Space: Projections into the open spaces required by each two-page layout in Article 2, shall be permitted as follows:

   1. 1.
      An unenclosed, covered or uncovered, concrete, masonry or wooden porch, deck and/or steps may project into a front open space for a maximum distance of 10 feet. The floor of a porch, deck or top step shall not be higher than the floor of the first story. This provision shall not reduce the required front set- back to less than 10 feet. Said porches and decks shall not project into the required side open space, except as provided elsewhere in this Article. Said porches and decks shall be restricted to 1 story in height.
   2. 2.
      Roof overhangs, cornices, eaves, gutters, lintels, planter boxes, chimneys, bay windows and similar projections may extend or project into a required open space not more than 2 inches for each 1 foot of width of such required open space provided that such extensions may not project more than 2 feet into the front or rear open space, except as provided elsewhere in this Article.
   3. 3.
      Patios, terraces, porches or decks may not project into the required side open space except that steps leading to an entrance, patio, terrace, porch or deck may project into the required side open space. Such steps shall project not more than 3 inches for each 1 foot width of such required open space up to a maximum of 3 feet. Where the side open space is required by this chapter for parking or driveway purposes, the projection shall not reduce the drivable or usable area for those purposes to less than 7 feet in width.
   4. 4.
      Basement window wells may project into the required side open space and rear open space a maximum of 3 feet measured to the inside of the well opening. Basement window well structures may not project more than 8 inches above grade, excluding the height of an approved guard rail. Basement window wells that project into the required side open space or rear open space shall not exceed 6 feet in width and must be covered at grade with a suitable covering capable of sustaining the weight of not less than 500 pounds or be enclosed with a guard rail in accordance with the current applicable edition of the Michigan Residential Building Code or the Michigan Building Code.
   5. 5.
      A porch, deck and/or steps may project into a rear open space for a maximum distance of 15 feet. The floor of said porch, deck or top step shall not be higher than the floor of the first story. This provision shall not reduce the required rear setback to less than 15 feet. Said porches and decks shall not project into the required side open space, except as provided elsewhere in this Article. Said porches and decks shall be restricted to 1 story in height.
   6. 6.
      When no exterior staircase exists for an accessory structure, a bonus of 75 square feet of area is permitted in the accessory structure if used for an interior fixed and stationary staircase.
   7. 7.

      Accessible ramps and structures for disabled persons are permitted to project into the front and rear open space the minimum distance and width required to accommodate the ramp or structure per the residential building code and to allow uninhibited access to a dwelling unit.

      1. a.

         A permit application is required, without an associated fee, to erect an accessible ramp or structure into the front or rear open space to ensure that the ramp or structure is erected in accordance with the Residential Building Code.

      2. b.

         It is required that the accessible ramp or structure which has been erected, be removed after the disabled person no longer needs the accommodation, or vacates the property, whichever occurs first.

(Ord. No. 2364, 07/25/2022; Ord. No. 2518, 08/11/2025) 

Effective on: 8/31/2025

The following open space standards apply:

1. A.
   Impervious Surface Limitations:

   1. 1.
      A minimum of 65% of the front open space in all single-family districts shall be vegetated open space free of impervious surfaces. Permeable pavers or other semi-hardscape materials are not considered vegetated open space.
   2. 2.
      Motor vehicles are only permitted within the front open space on a paved surface in conformity with the requirements of Chapter 110 of the Birmingham City Code.

(Ord. No. 2519, 08/11/2025) 

Effective on: 8/31/2025

The following open space standards apply:

1. Minimum: Each development shall maintain a minimum landscaped open space equal to 35% of the total land area. Such landscaped open space shall be functionally usable for recreation and shall be so planted and maintained as to provide screening of the development from the public street or private property within the neighborhood.
2. Parking Limitations: No portion of the required front open space may be used for parking purposes.

Effective on: 1/1/1901

The following open space standards apply:

1. Minimum: Each development shall maintain a minimum landscaped open space equal to 35% of the total land area. Such landscaped open space shall be functionally usable for recreation or screening.
2. Parking Limitations: No portion of the required front open space may be used for parking purposes.

Effective on: 1/1/1901

The following open space standards apply:

1. Accessible:
   1. Each dwelling unit shall have on the same lot and immediately accessible to the living area a usable enclosed private open space of at least 180 square feet.
   2. The private open space shall be enclosed with a solid wood or masonry fence having a minimum height of 6 feet and a maximum height of 8 feet.

Effective on: 1/1/1901

The following open space standard applies:

1. Parking Limitations: For residential uses, no portion of the required front open space may be used for parking purposes.

Effective on: 1/1/1901

The following open space standards apply:

1. Residential: Usable outdoor open space for residential uses shall be provided on the same lot as the principal building in the following amounts, based upon the number of habitable rooms per dwelling unit:
   1. If the number of rooms is 2 or less, then 100 square feet of open space is required.
   2. If the number of rooms is 3, then 150 square feet of open space is required.
   3. If the number of rooms is 4 or more, then 200 square feet of open space is required.
2. Location:
   1. The open space may be supplied individually for each unit as a balcony, or collectively, providing all units for which the open space is supplied have reasonable access to the open space.
   2. The appropriate reviewing body, in accordance with the regulations set forth in the Site Plan Review and Design Review Sections in Article 7, shall determine whether the open space is so located and so laid out as to be reasonably accessible and usable.
   3. Space for residential use is in addition to the requirements as outlined in Section 4.77(A)(2) and Section 4.50(A) and in addition to the setback requirements outlined in each two-page layout in Article 2.

Effective on: 1/1/1901

The following open space standards apply:

1. Commercial and Office Uses: For buildings containing commercial and office uses totaling over 10,000 square feet in floor area, open space shall be provided in an amount not less than 10% of the floor area of the story containing the most floor area.

Effective on: 1/1/1901

The following open space standard applies:

1. Minimum: Each development in excess of 2 stories in height shall maintain landscaped open space that is accessible to the occupants of the development equal to 15% of the total lot area.

Effective on: 1/1/1901

The following open space standards apply:

1. Commercial and Office Uses: For buildings containing commercial or office uses totaling 10,000 square feet or more in floor area, open space shall be provided in an amount not less than 10% of the floor area of the story containing the most commercial or office floor area and must meet the following conditions:
   1. Provide public pedestrian use;
   2. Provide for access to a street;
   3. Where possible, provide a physical connection to parking facilities and pedestrian ways.
2. Accessible: This outdoor open space may be covered by a roof or by the above provided that there is a height clearance of at least 14 feet and provided further, that this open space is accessible to the public at all times. This open space requirement is in addition to the setback requirement as outlined in each two-page layout in Article 2.

Effective on: 1/1/1901

The following operation standard applies:

1. Personal Property: Offices shall not entail the sale, lease, processing, storing or servicing of personal property except when required by the permitted principal use.

Effective on: 1/1/1901

The following operation standard applies:

1. Enclosed Building: All commercial, servicing or processing, except for off-street parking or loading, and swimming pools, shall be conducted within a completely enclosed building.

Effective on: 1/1/1901

The following operation standards apply:

1. Retail or Service Establishments: All commercial establishments shall be retail or service establishments dealing directly with consumers.
2. Goods Produced: All goods produced on the premises shall be sold at retail on premises where produced.
3. Delivery Sales: Delivery sales are prohibited.

Effective on: 1/1/1901

The following operation standards apply:

1. Hours of Operation:
   1. Commercial, office and service uses are permitted to be open between the hours of 7:00 a.m. and 11:00 p.m.
   2. Industrial uses are permitted to be open or operating between the hours of 7:00 a.m. and 11:00 p.m.
   3. Recreational uses are permitted to be open between the hours of 7:00 a.m. and 11:00 p.m.

Effective on: 1/1/1901

The following outdoor dining standards apply to both public outdoor dining facilities as permitted in Chapter 98 (Streets, Sidewalks and Other Public Places) and to outdoor dining facilities located on private property:

1. A.
   Purpose and Intent: The purpose of this section is to provide harmonious outdoor dining design in order to support public health, activate public space, foster economic development, safeguard the use of public property, and provide flexibility for current trends and future demands for outdoor dining.
2. B.
   Outdoor Dining – General: Outdoor dining is permitted immediately adjacent to and abutting the principal use, subject to review by the Planning Board, or by the Planning Division at the discretion of the Planning Board, and the conditions below. For the purposes of this section, outdoor dining facility shall include outdoor dining patios and/or outdoor dining platforms.

   1. 1.
      All outdoor activity including cleaning, maintenance and closing procedures must cease at the close of business or as noted in subsection 2.
   2. 2.
      When an outdoor dining facility is immediately adjacent to and abutting any single-family or multiple-family zoned residential district, all outdoor activity must cease at the close of business or 10:00 p.m., whichever is earlier.
   3. 3.
      Reviews of outdoor dining facilities shall include, but are not limited to, the following elements: tables, chairs, umbrellas, portable heating elements, barriers, service stations, landscaping/plantings, utilities, awnings, canopies, lighting, host/hostess stands, entertainment, valet operations, and any other adjacent neighboring outdoor dining facilities.
   4. 4.
      Outdoor dining facilities may be permitted to extend in front of neighboring properties or tenant spaces with the written permission of the property owners(s) affected and with Planning Board approval. Written permission must be renewed annually and submitted with the Outdoor Dining Permit application(s) for each outdoor dining facility affected.
   5. 5.
      When not in use, outdoor dining facility elements shall not be stacked, consolidated, stored or relocated outdoors with the exception of active snow removal or active regular maintenance of an outdoor dining facility.
   6. 6.
      All outdoor dining facilities shall be designed to meet the requirements of this section, as well as all applicable building and fire codes.
3. C.
   Outdoor Dining – Design: All outdoor dining facilities are subject to the following design standards:

   1. 1.
      All outdoor dining elements, fixtures and furnishings must be constructed of high quality and durable materials that are compatible with the establishment and the environment in which the outdoor dining facility is located.
   2. 2.
      Outdoor dining facilities shall provide and service refuse containers within the outdoor dining facility and maintain the area in good order. Public trash receptacles are not permitted to be utilized by outdoor dining facilities.
   3. 3.
      Outdoor dining facilities shall not contain enclosures as defined in Article 9, Section 9.02 of the Zoning Ordinance.
   4. 4.
      Outdoor dining platforms within the adjacent street or parking space(s) shall be designed to be flush with the curb, and may not extend beyond the curb into the furnishing zone except to accommodate accessibility requirements.
   5. 5.
      Overhead weather protection such as umbrellas, awnings or canopies are subject to the following conditions:

      1. i.
         Overhead weather protection shall not impede sight lines into a retail establishment, obstruct pedestrian flow within the outdoor dining facility, obstruct pedestrian or vehicular traffic flow outside the outdoor dining facility, or contain signage or advertising.
      2. ii.
         Overhead weather protection on outdoor dining platforms must measure a minimum of 8 ft. from the finished floor of an outdoor dining platform, and shall not exceed 10 ft. in overall height;
   6. 6.
      Barriers defining outdoor dining facilities shall be constructed of quality and durable materials, and shall be maintained and placed in a consistent and organized fashion. Barriers may not exceed 42 inches in height measured from grade or finished floor.
   7. 7.
      Windbreaks are permitted within outdoor dining facilities and shall be affixed to, or integrally designed within a barrier. The total combined height of a barrier and windbreak shall not exceed 42 inches as measured from grade or finished floor. Windbreaks must be constructed of a clear, rigid and durable material such as Plexiglas, glass or acrylic. Eisenglass and other vinyl-based materials are prohibited.
   8. 8.
      Portable heating elements must be maintained and kept in an orderly fashion and in accordance with all applicable codes and ordinances. Propane or other fuels may not be stored on public property, and are subject to the Storage and Display Standards outlined in Article 4, Section 4.67 of the Zoning Ordinance.
   9. 9.
      All service functions and ancillary elements including, but not limited to, trash receptacles, service stations or host/hostess stands must be located within the approved outdoor dining facility, contained, and kept in a neat and orderly fashion. Service stations and host/hostess stands may not exceed 4 feet in height. The storage of dirty dishware outdoors is prohibited.
4. D.
   Nonconforming Outdoor Dining Facilities: Any outdoor dining facility existing at the time of the enactment of this ordinance, or any amendments thereto, that does not conform to the requirements of the district in which it is located may be continued or maintained subject to the following provisions, provided the facilities remain in compliance with the approved site plan and maintain a valid annual Outdoor Dining License:

   1. 1.
      If a nonconforming outdoor dining facility is destroyed, it shall be repaired, reconstructed or replaced, in conformity with all the provisions of the current applicable codes and ordinances, and any remnants of the former outdoor dining facility shall be removed from the property.
   2. 2.
      At the time that a non-conforming outdoor dining facility is replaced, renovated, or otherwise changed, the facility must be brought into compliance with the requirements of the current applicable codes and ordinances. Routine maintenance, including changing chairs and tables, umbrellas, waste receptacles, or other non-integral features is permitted for all existing outdoor dining facilities.

(Ord. No. 2359, 02/14/2022; Ord. No. 2381, 05/22/2023) 

Effective on: 6/11/2023

The following parking standards apply:

1. Duty of Continuing Compliance: The owner and occupants of real estate on which new buildings have been built after March 31, 1958, and the owner and occupants of real estate on which buildings, whether built be- fore or after March 31, 1958, are substantially altered or additions made thereto after March 31, 1958, shall have the duty to provide and maintain the off-street parking requirements of this Article. The building official may require a written designation of the required off-street parking area in recordable form. Upon any transfer of title to the real estate on which such building or buildings are located, the transferee or transferees and the occupants shall have the continuing duty to maintain the off-street parking requirements of this chap- ter. It shall be unlawful for the owner and occupants of any building subject to this chapter to discontinue

   or change, or to cause the discontinuance or change, of the required off-street parking without establishing, prior to such discontinuance or change, alternative off-street parking which meets the requirements of and is in compliance with this Article.

2. Plans Required: Plans must be submitted to the Planning Board or the Historic District Commission showing how the required parking spaces shall be arranged in the area supplied for that purpose, so as to indicate sufficient space for parking maneuvers, as well as adequate ingress and egress to the parking area.
3. Site Plan Approval: Plans for all property utilized for the temporary storing of motor vehicles, except when the property so used is located in a district zoned single-family residential by this chapter and the area there- of accommodates 3 or fewer vehicles, shall be submitted to the Planning Board for non-historic site plan approval or the Historic District Commission for historic site plan approval, in accordance with the regulations as set forth in the Site Plan Review Section in Article 7.
4. Certificate of Occupancy and Use: No certificate of occupancy and use will be issued upon completion of any building or the extension or addition thereto unless and until all off-street parking space requirements, shown on the plans, or made a part of the building permit, are in place and ready for use.
5. Off-Street Parking:
   1. The off-street parking facilities required under this article shall be used solely by the occupants, employees, visitors, patrons, clientele for motor vehicles. The storage of merchandise, motor vehicles for sale, or the repair of vehicles is expressly prohibited.
   2. Off-street parking facilities shall be provided in an amount not less than specified in this article, for the parking of self-propelled vehicles for the use of the occupants, employees, patrons and clientele of:
      1. Buildings erected after March 31, 1958; and
      2. Buildings erected prior to March 31, 1958, at such time that any addition or extension is made to such building.
   3. Whenever the use of any lot or building is changed and under the provisions of the Zoning Ordinance, the new use is required to provide more parking space than was provided for the prior use, all required parking must be provided in an area which meets the requirements of Section 4.54 and the provisions of Chapter 110 of the Birmingham City Code.
   4. Off-street parking spaces being provided as of March 31, 1958, for the parking of automobiles to serve an existing building or use shall not be reduced to an amount less than that hereinafter required for a similar new building or use.
   5. Whenever by virtue of this article, parking facilities must be provided for a building which is used or is to be used for more than one of the types of uses referred to in this article, parking facilities must be provided for each and all of such uses.
   6. Fences are required in connection with off-street parking facilities in accordance with the regulations of Section 4.54.
6. Additional Parking: In any district, a residential building being used for nonresidential purposes, except places of public assembly, shall provide in addition to the off-street parking space or spaces for the dwelling units required under Section 4.45(A), Section 4.46, Section 4.50, and Section 4.51 off-street parking in the same amounts set forth in Table A for that portion of the floor area which is being utilized for nonresidential purposes.
7. Methods of Providing Parking Facilities: The required off-street parking facilities for buildings used for other than residential purposes may be provided by any one of the following methods:
   1. By providing the required off-street parking on the same lot as the building being served, or where practical, and with the permission of the City Commission, the area in the public right-of-way abutting the property in question may be included as a portion of the required parking area if such area is improved in accordance with plans which have been approved by the engineering department.
   2. By providing the required off-street parking within 100 feet of the building being served, distances being measured along the most direct line of public pedestrian access.
   3. By the collective provisions of the required off-street parking for 2 or more buildings or uses, provided that the total of such off-street parking areas shall not be less than the sum of the requirements of the various buildings or uses computed separately, and the location of such area meets the requirements of subsection (2) of this section, except as provided in Section 4.45(G)(4) below.
   4. By the shared provisions of the required off-street parking for 2 or more buildings or uses, which has been approved by the Planning Board. Shared parking between uses is based on the fact that certain neighboring uses may operate at different times over a 24-hour period with their greatest demand for parking occurring during different times. By allowing uses to share a parking facility, the amount of impervious land in the city may be reduced.
      1. The total number of combined spaces required for each use may be reduced by up to 50% upon the Planning Board making the determination that the peak parking demands of the uses being served occur at different times and the parking area meets the anticipated demands of all the uses. The Planning Board will make this determination based upon the following information, to be provided by the petitioner:
         1. The peak hours of operation for each use.
         2. The average parking demand and the peak parking demand for each use, based on reliable data. Such data will include actual parking counts for these uses, or at similar uses or actual parking counts are not available, reliable traffic/parking demand models may be used.
         3. The impact of shared parking arrangement on adjacent uses.
         4. Written legal evidence in the form of deeds, leases or contracts that establish the shared parking facility.
      2. Once a shared parking arrangement is approved by the Planning Board, such arrangement must be recorded on the land titles for all affected properties. If a shared parking arrangement is subsequently terminated, or if the uses change, Planning Board approval shall be automatically revoked and each use shall be required to comply with the requirements of this section.
      3. The petitioner(s) shall be responsible for any costs incurred by the city in contracting with consultants to review the proposed site plan as deemed necessary by the Community Development Director.
   5. 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.
      1. Required conditions. The following regulations shall apply to all lands in a parking assessment district unless otherwise provided:
         1. The maximum allowable floor area ratio (FAR) in the parking assessment districts shall not exceed 100%, except that the maximum usable floor area may be increased up to 200% by providing 1 parking space for every 300 square feet over the maximum 100% FAR.
         2. Religious institutions in the parking assessment district are exempt from this maximum FAR provision.
         3. In the case of religious institutions and buildings occupied by nonprofit organizations providing services to the general public, by securing permission to use the parking facilities of other buildings within 500 feet of the religious institution or community center building when such other building is not normally open, in use, or in operation during the principal hours of use of such religious institution or community center building. Permission to use such other parking facilities shall be evidenced in writing for a period of not less than 1 year. In the case of nonprofit organizations, the parking to be shared must be in a parking or commercial district.
         4. In the case of the parking area needed to meet the requirements of the ordinance being in a separate ownership from the building: a permanent exclusive use easement for the required parking with adequate ingress and egress to a public street must be submitted to the city, and such easement must be recorded in the county register of deeds.

(Ord. No. 2291, 10/08/2018) 

Effective on: 5/13/2020

The following parking standards apply:

1. A.
   Off-street parking spaces are required based on land use or land uses for the site. The number of spaces required per land use is detailed in Table A.
2. B.
   Every building intended for residential occupancy shall provide on the same lot with such building, off-street parking facilities based upon the number of habitable rooms per dwelling unit as detailed in Table A.

Effective on: 1/1/1901

The following parking standards apply:

1. All parking facilities shall be screened in accordance with the provisions in Section 4.49.

Effective on: 1/1/1901

The following parking standards apply:

1. Parking for Dwellings:
   1. The required off-street parking spaces shall be supplied in a garage, carport or in/under the principal building.
   2. Parking, other than on driveways, shall not be permitted in the required front or side open space.

Effective on: 1/1/1901

The following parking standard applies:

1. Parking On-Site: All required parking for residential uses shall be supplied on the principal building site or on property immediately adjacent to the principal building site.

Effective on: 1/1/1901

The following parking standards apply:

1. Parking for Residential Uses: Parking for residential uses shall be provided on the same lot with such building or on adjacent parcels of land having direct access to the principal building, as may be approved by the appropriate reviewing body pursuant to the Site Plan Review and Design Review Sections in Article 7.
2. Office and Restaurant Parking: Where there is combined within a single building an office use and a commercial restaurant, up to 30% of the parking supplied to meet the requirement of the office use may also be used to meet the requirement for the commercial restaurant.
3. Office and Residential Parking: Where there is combined within a single building, an office use and a residential use, up to 40% of the parking supplied to meet the requirement for the office use may also be used to meet the requirement for residential use, provided that the number of spaces required for residential parking shall never be less than 1 parking space per dwelling unit.
4. Office, Residential and Restaurant Parking: Where there is combined within a single building, an office use, a residential use and a commercial restaurant, up to 40% of the parking supplied to meet the requirement for office use may also be used to meet the requirement for residential use and up to 30% of the remaining parking requirement for office use may be used to meet the requirement for the commercial restaurant.

Effective on: 1/1/1901

The following parking standard applies:

1. Parking for Residential Uses: Parking required for residential uses shall be supplied on site or within 300 feet of the residential lobby entrance of the building.

Effective on: 1/1/1901

The following parking standards apply:

1. A.
   Off-Street Parking Facilities:

   1. 1.
      Off-street parking contained in the first story shall not be permitted within 10 feet of any building facade on a frontage line or between the building facade and the frontage line.
   2. 2.
      The placement of 2 abutting off-street parking facilities with continuous street frontages shall not be permitted.

(Ord. No. 2292, 10/08/2018) 

Effective on: 12/23/2018

The following parking standards apply:

1. Parking Lot Frontage: 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.
2. Screening: 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 4.54. Where a parking lot is adjacent to a single-family residential district, a 6 foot tall brick screenwall meeting the requirements of Section 4.54 shall be provided between the parking lot and the residential use.
3. Structures: 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.
4. Required Parking: Each use shall provide the parking required by the off-street parking space requirement of Article 4 Table A, except as provided for in this Section. Off-street parking shall be provided for within 300 feet of the building being served.
5. On-street Parking: On-street parking shall be allowed on all street frontages, where permitted by the Police Department. 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 3.24.
6. Driveway Access: 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.

Effective on: 1/1/1901

The following screening standards apply:

1. A.
   Purpose: The purpose of this section is to require a barrier, capable of containing noise, vehicular lights, visual disarray, debris and other factors detrimental to the health, safety and welfare of the community, between an open parking station, outdoor storage, dumpsters and adjacent properties. Flexibility in the materials, size, height and placement of walls is permitted in order to allow architectural harmony and usable open space and to accomplish a unified design.
2. B.
   Screenwall Descriptions: Screenwall as required by this section shall mean:

   1. 1.
      When required along a street line, alley, passage or mixed passage, a masonry wall with an exterior face of brick, precast aggregate panels, sculptured block, stone, architecturally treated concrete or other materials acceptable to the Planning Board which are demonstrated to be durable, easily maintained, and provide a similar permanent visual barrier.
   2. 2.
      When required, a screenwall of capped masonry.
   3. 3.
      Screenwalls shall be so constructed that the lower 32 inches in height, as measured from the finished parking lot surface, or ground surface on the outside of the screenwall, whichever is higher, shall be solid. Openings above 32 inches may be permitted provided the intent of the Zoning Ordinance is maintained and further provided the openings are not larger than 64 square inches and do not exceed 33% of the surface of the screenwall.
   4. 4.
      Where a screenwall is adjacent to a vehicular or pedestrian accessway, the screenwall shall be so de- signed and constructed as to not constitute a hazard to vehicular or pedestrian traffic.
   5. 5.
      Screenwalls along a street shall be so designed as to not form a continuous barrier. Depending upon the length, location and ground contour, a break in the screenwall is required every 50 to 100 feet. Such break shall be a minimum of 10 feet long. A screening wall of a material permitted under Section 4.54(C)(1) shall be constructed for the full length of the required break and shall be located a minimum of 2 feet to either the front of or the rear of the principal screenwall. The Planning Board may, upon Site Plan Review, require the screenwall spanning the break to be attached to the principal screenwall. Landscaping is required in any area created on the street side of the screenwall by the required break and shall be subject to the requirements of Section 4.54(D)(1).
   6. 6.
      When required along the front, side or rear of any building, a masonry screenwall shall match or complement the exterior of the building.
   7. 7.
      When required along the side or rear lot line of any parking facility which immediately adjoins the rear lot line of property located in a residential zone, a masonry screenwall of 6 feet. When required along the side or rear lot line of any parking facility which adjoins an alley or passage adjoining the rear line of property located in a residential zone, a masonry screenwall of 3 feet.
   8. 8.
      When required to screen ground-mounted mechanical or electrical equipment, a screenwall constructed of  high quality and durable materials rated for exterior use such as masonry, wood, wood composite, metal or other materials acceptable to the Planning Board, the height of which shall match the height of the unit(s) being screened.
   9. 9.
      When required to screen a solid waste receptacle, a screenwall that is designed to be durable, easily maintained, and provide a complete and permanent visual barrier. Screenwalls for solid waste receptacles shall meet the following requirements:

      1. a.
         Screenwalls shall measure at least 6 feet in height, or equal to the height of the receptacle(s) being screened, whichever is greater around all sides of the screening enclosure, including the side for access.
      2. b.
         Screenwalls shall be constructed of capped masonry with access gates constructed of high quality and durable materials rated for exterior use such as wood, wood composite, metal or other materials acceptable to the Planning Board. Flexibility in materials on screenwall areas 6 feet and above may be granted by the Planning Board during Design Review. Screenwall materials shall complement the material of the principal building.
      3. c.
         The standards outlined in Chapter 90 of the Birmingham City Code shall apply to all waste receptacles in the City of Birmingham. 
3. C.
   Screening Requirements: Screening shall be placed as follows:

   1. 1.
      Along the side or rear line of any parking facility which immediately adjoins the side line of property zoned to a residential district under the Zoning Ordinance, provided that the screenwall along the side of a parking facility located in the parking district shall not extend further than the front setback area of the abutting residential district.
   2. 2.
      Along the side or rear lot line of any parking facility which immediately adjoins the rear line of property located in a residential district.
   3. 3.
      Along the front or side of any parking facility that abuts a street, alley, passage or mixed passage.

      1. a.
         When the property being utilized for the parking facility is zoned residential, the screenwall shall be placed along the setback line.
      2. b.
         When the property being utilized for the parking facility is zoned parking, and abuts a residential district, the screenwall shall be placed along the setback line applicable to the abutting residential district.
      3. c.
         When the property being utilized for the parking facility is zoned to a business or industrial district, and abuts a residential district, the screenwall shall be placed along the setback line applicable to the abutting residential zoning for that district.
      4. d.
         When the property being utilized for a parking facility is zoned to a business or industrial district, and abuts business or industrial district, the screenwall shall be placed along the setback line; however, upon review of the Site Plan, the Planning Board may approve an alternate location for the screenwall in order to maximize the screening effect of the parking facility, or may modify the screenwall requirement by approving an evergreen screen in its place.
   4. 4.
      Along the front, side or rear of any parking facility underneath a building which is visible to the general public in a manner which screens the parking from public view.
   5. 5.
      Adjacent to ground-mounted mechanical or electrical equipment which is visible to the public in a manner which obscures the receptacle and equipment from public view.
   6. 6.
      In the B2B district, along the side or rear lot line of any parking facility located on the side of the building in the B2B district and immediately adjoining the rear line or an alley adjoining the rear line of property located in a residential district.
   7. 7.
      In all multiple-family districts and all office and business districts, the screening of trash containers shall be required.
   8. 8.
      Rooftop mechanical and other equipment shall be limited, positioned and screened to minimize views from adjacent properties and public rights-of-way.

      1. a.
         To minimize the visual impact of such equipment from adjacent elevated views all rooftop mechanical equipment and associated screening must be removed if:

         1. i.
            The equipment is inoperable and not serviceable; or
         2. ii.
            The equipment is obsolete and not in service, or
         3. iii.
            The equipment is not being utilized for its intended purpose.
      2. b.
         To minimize the visual impact of such equipment from other points of observation, rooftop mechanical and other equipment shall be obscured by a screenwall composed of materials compatible with the building or by landscaping demonstrated to provide an effective permanent visual barrier.
      3. c.
         Any screenwall barrier:

         1. i.
            Shall, to the best extent possible, not extend above the top edge of an imaginary plane extending upward no more than 45 degrees from the eave line; and
         2. ii.
            Shall not exceed 10 feet in height.
   9. 9.
      For buildings sharing a lot line with a building of the same or greater height, such rooftop screenwalls are not required to be set back from the main building wall along the common lot line.
4. D.
   Miscellaneous Screening Requirements:

   1. 1.
      When screening is placed along a front setback line, the resulting front yard shall be void of all parking and storage and shall be planted and otherwise landscaped and maintained by the owner.
   2. 2.
      Any driveway furnishing access to a parking facility shall be considered as part of the parking facility for the purposes of the Zoning Ordinance.
   3. 3.
      Where two parking facilities adjoin each other and the common boundary is either a side or rear line, no screening is required along the line common to both parking facilities.
   4. 4.
      All screenwalls shall be maintained in good order. Plant materials in vegetative screenwalls shall be maintained in a healthy condition. Dead or diseased plant materials shall be replaced with healthy materials of like size and kind.
5. E.
   Review: The design, height and location of all screening shall be reviewed by the Planning Board.

(Ord. No. 2502, 12/18/2023) 

Effective on: 12/31/2023

The following screening standard applies:

1. Noise Screening: There shall be no objectionable irritating noise emanating from air conditioning units or other mechanical equipment which would adversely affect the peace and tranquility of adjacent residents. In order to assure compliance with the requirement, the appropriate reviewing body may require yard areas or setbacks and such sound reduction equipment as may be necessary to minimize the noise from air conditioning units and other mechanical equipment.

Effective on: 1/1/1901

The following screening standard applies:

1. Front Yard Screening: Front yard screening shall be provided to shield parking from the street.

Effective on: 1/1/1901

The following screening standard applies:

1. Office Uses: A masonry screenwall 6 feet in height shall be required where the rear lot line of an office development immediately adjoins a residential district.
2. Screening of Outdoor Storage: All outdoor storage areas shall be fully screened from view on all sides. Screening shall be constructed of materials compatible with the principal building. Wire fences with inserted strips of metal, plastic and similar materials shall not be substituted for the required screening.

Effective on: 1/1/1901

The following structure standard applies:

1. Enclosed Mechanical Equipment: All mechanical equipment shall be completely enclosed, sound deadened where necessary, and located within the allowable height limit.

Effective on: 1/1/1901

Parking lots shall meet the following requirements:

1. Buffer Requirements: All developments within shall provide a physical and visual buffer from adjoining single-family properties in the required setbacks adjacent to single-family uses and zones. A required buffer zone must contain a minimum 6 feet high masonry wall with a sloping stone cap along the length of the subject property that abuts a single-family property. All required buffer walls must provide varying textures, materials and/or design along the length. Blank, monotonous walls are not permitted. Buffer walls must include a two (2) foot row of landscaping on the parking lot side of the wall.

Effective on: 1/1/1901

The following setback standards apply:

1. Minimum Front Yard Setback: The minimum front yard setback shall be as per each two-page layout in Article 2.
2. Minimum Rear Yard Setback: The minimum rear yard setback shall be as per each two-page layout in Article 2.
3. Minimum Combined Front & Rear Yard Setback: The minimum combined front and rear yard setback shall be as per each two-page layout in Article 2.
4. Minimum Side Yard Setback: The minimum side yard setback shall be as per each two-page layout in Article 2.

Effective on: 1/1/1901

The following setback standards apply:

1. Corner Lot:
   1. A corner lot which has on its side street an abutting interior residential lot shall have a minimum setback from the side street equal to the minimum front setback for the zoning district in which such building is located. This requirement shall not reduce the buildable width of any lot to less than 25 feet.
   2. Where there is no abutting interior residential lot on such side street, the minimum side street setback shall be 10 feet for the permitted principal building, 15 feet for permitted attached garages with vehicle entry doors facing the side street, and 15 feet for permitted accessory buildings.

Effective on: 1/1/1901

The following setback standard applies:

1. Front Setbacks: A variation of front setbacks of dwelling units of at least 4 feet is required; however, this setback may be reduced by the appropriate reviewing body upon determination that the reduction shall not impair the free flow of air, light and other living amenities to the residents of the building and adjacent residential buildings.

Effective on: 1/1/1901

The following setback standards apply:

1. Front Setback:
   1. For buildings containing residential in combination with commercial uses; no setbacks are required for commercial, office or parking stories.
   2. The setbacks are measured to the centerline of the public right-of-way adjoining the front lot line.

Effective on: 1/1/1901

1. Interior Parcels: Interior parcels on a side/local street which abut a single-family zoned district shall have a front setback equal to the average front setback of single-family homes within 200’ on the same side of the street.
2. Front setback: Maximum front setbacks for Attached Single-family developments may be extended with approval of the Planning Board if the board finds that:
   1. The use of an alternative front setback would be more compatible with the scale and massing of adjacent residential land uses.

Effective on: 1/1/1901

1. Front Yard Setback Exceptions: In the TZ3 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 may 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.

Effective on: 1/1/1901

The following storage and display standards apply:

1. Sale of Christmas Trees:
   1. Other provisions of this ordinance notwithstanding, Christmas trees may be stored, displayed and sold without the use of a building or other structure by religious institutions, schools or other nonprofit, organizations on property owned by such institution or organization.
   2. All trees, parts of trees and any other refuse or debris resulting from use under this section, and all signs in connection therewith, shall be removed from such property no later than December 26 of the year the property was so used.

(Ord. No. 2293, 10/08/2018) 

Effective on: 12/23/2018

The following storage and display standards apply:

1. Outdoor Display: Outdoor display is permitted as an accessory use to a permitted principal use on the same property, subject to the following standards:
   1. All outdoor displays at gasoline service stations and party stores are required to obtain Site Plan Review and Design Review Approval in accordance with Article 7 of the Zoning Ordinance. Outdoor displays for any other permitted principal uses on a site are required to obtain Design Review Approval in accordance with Article 7 of the Zoning Ordinance.
   2. Outdoor displays shall be permitted only as an accessory use on the same lot as the permitted principal use or Special Land Use, and shall not be operated as a separate business.
   3. Outdoor displays shall not exceed a maximum of 4 feet in height.
   4. For all buildings, including multi-tenant, the combined area of outdoor displays shall not exceed 0.5 square feet for each linear foot of the width of the building on the side where the primary entrance to the business is located, which may or may not front a street. The Historic District Commission, Design Review Board or Planning Board may designate an alternate horizontal building width.
   5. Outdoor display areas shall be located on concrete, asphalt, or paved areas and shall not be located on or within lawn areas or landscaping areas.
   6. Furniture or shelving used to display goods outside shall be made of finished metal or wood or a material of comparable quality and maintained in a good condition.
   7. An unobstructed path not less than 5 feet in width shall be continuously maintained for pedestrian access to all business entrances and no point of access or egress from any building shall be blocked at any time.
   8. Propane containers and ice storage containers are not permitted between the building and any frontage line.
   9. All outdoor display areas shall be kept clean, orderly and maintained.
2. Outdoor Storage: Outdoor storage is permitted as an accessory use to the principle use subject to the following standards:
   1. Outdoor storage is permitted on private property in the side open space and rear open space with administrative approval in accordance with Article 7, Section 7.14.
   2. Outdoor storage is prohibited in the front open space or a side open space abutting a side street;
   3. Outdoor storage shall not exceed 6 feet in height and shall be screened in accordance with Article 4, Section 4.57;
   4. Outdoor storage shall be located on concrete, asphalt, or paver areas and shall not be located on or within lawn areas or landscaping areas;
   5. All outdoor storage areas shall be kept clean, orderly and maintained.

Effective on: 1/1/1901

The following storage and display standards apply:

1. Interior Storage: No interior display shall be visible from the exterior of the building.
2. Warehousing: Warehousing or indoor storage of goods or material beyond that normally required by permit- ted uses shall be prohibited.

Effective on: 1/1/1901

The following storage and display standards apply:

1. Office Use:
   1. No interior display shall be visible from the exterior of the building.
   2. The total area devoted to display, including both the objects displayed and the floor space set aside for persons observing the displayed objects, shall not exceed 25% of the usable floor area of either the first or second story, or the basement.

Effective on: 1/1/1901

The following storage and display standard applies:

1. Interior Display: No interior display, visible from the exterior, shall be permitted above the first story.

Effective on: 1/1/1901

The following storage and display standards apply:

1. The City Commission shall have the authority to waive any permit fees, requirements, or licenses in those instances where a community function, sponsored by a charitable, civic or community organization, has been approved by the City Commission.

Effective on: 1/1/1901

(Reserved)

Effective on: 1/1/1901

The following street standards apply:

1. Street Design: All streets shall be constructed to meet the requirements of the City of Birmingham.
2. Sidewalks: Sidewalks in the Zoning Transition Overlay District shall be a minimum of 6 feet wide. Side- walks 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 Tree: One (1) canopy tree shall be provided for every 40 feet of frontage and may be planted within a grass boulevard or within tree grates or tree wells in the sidewalk.
4. Street Design: The entrances of streets into adjacent single-family residential neighborhoods shall be de- signed to calm traffic, encourage pedestrian use and provide a distinction between less intense residential areas and more intense commercial or mixed use areas. All such street entrances and intersections of such streets with major traffic roads may include the following elements:
   1. Curb extensions on the mainly residential street to narrow road width, reduce crosswalk length and to encourage slower vehicular speeds;
   2. Enhanced pedestrian crosswalks, including ADA compliant ramps, highly visible pavement markings, and pedestrian countdown signals;
   3. Installation of a speed table on the residential street if recommended by the Multi-Modal Transportation Board; and
   4. Installation of a pedestrian crossing island on adjacent major traffic roads if recommended by the Planning Board and/or the Birmingham Multi-Modal Transportation Plan.
5. Vias: Vias shall be permitted and shall be required where necessary to provide access to parking lots, loading areas and garages at the property or to improve pedestrian connectivity.
   1. Vias serving as access to residential garages shall be located within an easement with a minimum pavement necessary for circulation and emergency vehicle access.
   2. Vias 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 lots for commercial, recreational 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 following structure standards apply:

1. Minimum Floor Area Per Unit: The minimum floor area per unit shall be as per each two-page layout in Article 2.
2. Maximum Total Floor Area: The maximum total floor area shall be as per each two-page layout in Article 2.
3. Distance Between Buildings: Each residential lot shall provide a minimum distance between principal residential buildings on adjacent lots of 14 feet or 25% of the total lot width, whichever is larger. This requirement is in addition to the setback provisions as specified in each two-page layout in Article 2.
4. Encroachments into the Right of Way
   1. Purpose and Intent: The purpose and intent of this section is to ensure that any allowable encroachments into the right of way do not impede the safety and welfare of the general public and foster a pedestrian friendly environment that prioritizes the accessibility of space, light and air for all users while simultaneously allowing for creative and innovative architectural design and construction.
   2. Applicability: This section applies to all encroachments that extend into the public right of way at, above or below grade.
   3. Approval Required: Any encroachment into the public right of way must comply with the Michigan Building Code and requires City approval. Encroachments may be subject to a Special Treatment License approved by the Engineering Department, lease agreement approved by the City Commission and/or may require monetary compensation to the City. Encroachments into the right of way may also require approval by an appropriate reviewing body as per Article 07, Processes, Permits and Fees and are subject to the requirements set forth in this section.
   4. General Encroachment Standards:
      1. Below Grade Encroachments: All below grade encroachments must be reviewed by the Community Development Department and approved by the City Commission through a lease agreement.
      2. Above grade encroachments 8’and below: Permanent architectural features such as columns, pilasters, belt courses, lintels pediments and similar features may be approved by the Planning Board, Design Review Board and/or Historic District Commission or through administrative approval, as determined by the Planning Director, to project into the right of way provided they do not create any obstruction and that the encroachment complies with the design review standards set forth in Article 07 of the Birmingham Chapter 126 - Zoning.
      3. Above grade encroachments above 8’:
         1. Removable architectural elements such as awnings, canopies, marquees may be approved by the Planning Board, Design Review Board and/or Historic District Commission or through administrative approval, as determined by the Planning Director, to project into the right of way provided that they are constructed to support applicable loads without any ground mounted supports on public property. Encroachments with less than 15’ of clearance above the sidewalk shall not extend into or occupy more than two-thirds of the width of the sidewalk or 5 feet, whichever is less, and must not interfere with any existing or planned streetscape elements or infrastructure.
         2. Permanent architectural features such as windows, balconies, overhangs and other architectural features that encroach into the right of way above 8’ may be approved by the Planning Board, Design Review Board and/or the Historic District Commission provided that they do not extend 2’ or more into the right of way or create an obstruction and that the encroachment complies with the design review standards set forth in Article 07 of the Birmingham Chapter 126 - Zoning. Encroachments that extend more than 2’ into the right of way will also require the approval of the City Commission through a lease agreement.
         3. Permanent encroachments that create usable space such as cantilevered rooms, dormers, elevated walkways, balconies, bridges and similar projections may be approved by the Planning Board, Design Review Board and/or the Historic District Commission provided they comply with the design review standards set forth in Article 07 of the Birmingham Chapter 126 - Zoning and must be approved by the City Commission through a lease agreement.
      4. Temporary encroachments:
         1. Temporary encroachments associated with construction projects are subject to approval of an obstruction permit or logistical plan to be reviewed and approved by the Community Development and Engineering Departments.
         2. Temporary encroachments that are seasonal in nature such as vestibules or storm enclosures may be approved by the Planning Board, Design Review Board and/or Historic District Commission through the site plan and design review process provided that an unobstructed 5’ public pedestrian path is provided at all times and that the temporary encroachments are is subject to a rental fee rate as indicated by the Birmingham Schedule for Fees, Charges, Bonds and Insurance.

(Ord. No. 2319, 05/06/2019) 

Effective on: 5/26/2019

The following structure standards apply:

1. Private, Attached Single-Family Residential Garages:
   1. A private, attached, single-family residential garage shall not occupy more than 50% of a linear building width of a principal residential building that faces a street, and must be setback a minimum of 5 feet from the portion of the front facade on the first floor of a principal residential building that is furthest setback from the front property line, excluding those items listed in Section 4.30(C): Projections into Required Open Space.
   2. Garage doors on an attached garage which are facing a street may not exceed 9 feet in width; where there are multiple doors, they must be separated by a solid wall or jamb not less than 8 inches wide.
2. Dormer Limitations: Dormers projecting from second story roofs of principal structures are subject to the following:
   1. Dormers are limited in width to 33% of the roof they project from per elevation facing interior lot lines; and 50% of the roof they project from per elevation facing a street. No individual dormer may exceed 8 feet in width as measured to the interior dimension.
   2. Dormers may not exceed the height of the roofline they project from.
   3. Dormers on elevations facing interior lot lines must be located behind the eaves of the roofline they project from and setback a minimum of 8” from the face of the second floor façade below.
   4. For purposes of this section, roof structures covering living space that projects a minimum of 24 inches from the main building and is supported on a foundation are not considered dormers.

(Ord. No. 2222, 03/13/2017) 

Effective on: 4/2/2017

The following structure standard applies:

1. Residential Uses: One-family and two-family dwelling units shall be permitted provided that the floor area for each dwelling unit does not exceed the total of the floor area used for commercial purposes plus 450 square feet when used for parking within the same building.

Effective on: 1/1/1901

The following structure standards apply:

1. Residential Uses:
   1. When a building is to be used for commercial and residential occupancy, no dwelling units shall occupy the first story or below the first story. No commercial, office or parking use shall be located on the same story or on a story above a residential use.
   2. Every building having commercial and residential uses must provide and maintain separate interior entrances and stairways for the exclusive use of the residential portion of the building.

Effective on: 1/1/1901

The following structure standard applies:

1. Residential Uses: When a building is to be used for commercial and residential occupancy, no commercial or office use shall be located above the first story.

Effective on: 1/1/1901

The following structure standards apply:

1. Enclosed Building: All commercial, except for off-street parking, loading and swimming pools, shall be housed and conducted within a completely enclosed .
2. Multiple-Family Units: Any building containing multiple-family dwelling units shall not have office or commercial uses above the first story.
3. Residential Use: No office, commercial or parking use may be located on the same story or above a residential use.
4. Lobby:
   1. Every building having mixed residential and commercial uses must provide and maintain a separate lobby and stairway or elevator for the exclusive use of the residential portion of the building.
   2. The lobby shall have a minimum area of 150 square feet with the shortest side at least 10 feet in length.
   3. Public access to the residential lobby and stairway or elevator from the commercial stories is prohibited.

Effective on: 1/1/1901

The following structure standards apply:

1. In buildings which contain commercial and office uses, any retail service uses on the first story shall be located adjacent to any abutting public sidewalk; except where all public sidewalk frontage is occupied by retail or service uses, additional interior retail or service uses may be provided.
2. For buildings containing residential uses or residential uses in combination with commercial and/or office uses:
   1. The commercial uses may occupy the first 2 stories and the basement, subject to the conditions in the two-page layout in Article 2. No story may be utilized for commercial and/or office purposes, which is located above a story used for residential purposes.
   2. Every building having residential uses in combination with commercial and/or office uses may have a combined lobby area and elevator for all uses, provided that commercial and/or office users of the building do not have access to the residential portion of the building.

Effective on: 1/1/1901

The following structure standards apply:

1. Building Size and Placement:
   1. Front building facades at the first story shall be located at the frontage line.
   2. In the event of adjacent preexisting setbacks, or the appropriate use of other design elements to define the streetwall, an adjustment may be allowed or required by the Planning Board.
   3. Side setbacks are not required.
   4. A minimum 10-foot rear 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. All buildings shall have their principal pedestrian entrance on the frontage line.
   6. 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 no less than 32 inches in height and made of brick, stone, or other masonry material matching the principal building. Upon approval by the Planning Board, screenwalls may be a continuous, maintained evergreen hedge or decorative metal fencing except when a screenwall is required by Section 4.54(C)(1) to screen parking facilities. Screenwalls may have openings a maximum of 25 feet to allow vehicular and pedestrian access. Screenwalls that exceed 48 inches in height shall include architectural details that are compatible with the architecture of the principal building.
   7. First-floor awnings may encroach upon the frontage line and public sidewalk, but must avoid street trees; pro- vide at least 8 feet of clearance above the sidewalk; and be set back a minimum of 2 feet from the road curb.
   8. Upper-floor awnings shall be permitted only on vertically proportioned windows, provided that the awning is only the width of the window and encroaches upon the frontage line no more than 3 feet.
   9. First floor space must be designed with a minimum clearance between the finished floor and the finished ceiling of 12 feet, to allow the space to be converted to/from residential and nonresidential uses.
2. Access:
   1. All principal buildings shall have a frontage line on a public right-of-way, dedicated public open space, or permanently preserved open space.
   2. The Planning Board may require shared access or connections between adjacent developments as a means to limit conflict points along public roads.
   3. Street connections to adjacent parcels and the existing road network shall be provided where there is the possibility to create future street connections as determined by the Planning Board. Road stubs for future connections shall be improved to the parcel or lot line.
   4. The proposed use shall be designed to minimize the impact of traffic generated by the use to the extent that is reasonably feasible, giving consideration to economic and site conditions. Consideration shall be given to the following as reviewed by the City Staff, City Engineer, and/or the City’s consultants:
      1. Relationship between the proposed development and existing and proposed streets;
      2. Estimated traffic generated by the proposed use;
      3. Location and access to off-street parking;
      4. Provisions for vehicular traffic; and
      5. Continuation of the planned street network for the corridor as identified in the Eton Road Corridor Plan.

Effective on: 1/1/1901

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

1. Front Façade:

   1  All ground floor residential units shall provide a pedestrian door facing the front lot line.

   2. Blank walls longer than 20 feet are not permitted on any front façade. Blank walls longer than 30 feet are not permitted on any façade.
   3. All ground floor dwellings shall include a front patio or porch. The patio or porch shall have a minimum depth of 4 feet and a minimum area of 24 square feet.
   4. The first floor elevation shall be between 0 feet and 6 feet above the exterior sidewalk elevation in front of the building.
   5. The front façade of all residential units shall be at least 25% windows or doors.
   6. The requirement for a front patio or porch above shall not apply to live/work units where the first floor façade is designed as a storefront meeting the requirements of Section 4.90, WN-01.
   7. Garage doors shall not be permitted on a front façade.
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, pre-cast stone and fiber cement siding. Vinyl siding is prohibited.
3. Corner Parcels: Corner parcels in the Zoning Transition Overlay District shall be developed with the front lot line facing a city major street as defined in P.A. 51. of 1959. The Planning Board may approve an alternative front lot line if the board finds that:
   1. There are no city major streets fronting on the subject parcel; or
   2. The use of an alternative front lot line would be more compatible with the scale and massing of adjacent residential land uses.

Effective on: 1/1/1901

1. Corner Parcels: Corner parcels in the Zoning Transition Overlay District shall be developed with the front lot line facing a city major street as defined in P.A. 51. of 1959. The Planning Board may approve an alternative front lot line if the board finds that:
   1. There are no city major streets fronting on the subject parcel; or
   2. The use of an alternative front lot line would be more compatible with the scale and massing of adjacent residential land uses.
2. Facade 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 are not permitted on any front façade. Blank walls longer than 30 feet are not permitted on any façade.
   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 on all facades.
   4. Garage doors shall not be permitted on a front façade.
3. Roof Design:
   1. 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.
   2. Flat roofs shall be enclosed by parapets.
   3. All rooftop mounted equipment shall be screened from view on all sides of the building.
   4. 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.

Effective on: 1/1/1901

The following temporary use standards apply:

1. Permitted Temporary Uses: Subject to the specific regulations that follow and to the other applicable regulations of the district in which the use is permitted, the following temporary uses are permitted:
   1. Temporary office buildings: Such buildings are allowed for the purpose of conducting business for a permitted use in association with a development project under building permit or granted preliminary Site Plan Approval subject to conformance with Chapter 22 of the Birmingham City Code.
   2. Ecclesiastical Homeless Shelter Programs: Such use is permitted when it is a temporary accessory use to a religious institution with the following requirements:
      1. Such a use shall be wholly accommodated inside a religious institution.
      2. Such a use shall be permitted for a period not to exceed 7 consecutive days upon inspection by the Fire Marshal and Building Official.
      3. No more than 1 such event is permitted from the same facility in any 12-month period.
      4. No more than 30 overnight guests may be accommodated on any 1 night within the approved week- long program.
   3. Garage, yard and estate sales or auctions: Such sales are permitted with the following requirements:
      1. Sales are allowed for a period not to exceed 3 consecutive days.
      2. No more than 2 sales are permitted from the same residence in any 12-month period.
      3. A temporary use permit is not required for a sale, provided they are conducted by the property owner.
      4. All signs for sales are regulated by Section 7.27(B)(5).
      5. Sales conducted by professional auctioneers or other on-site household liquidation specialists shall be licensed by the City Clerk, in conjunction with Chapter 26 of the Birmingham City Code.
   4. Tents: Tents are permitted in connection with any permitted, accessory, temporary or special use with the following requirements.
      1. No tent shall be allowed to remain for a period of more than 10 days, unless as approved by the City Commission as part of a special land use permit.
      2. All tents shall comply with the bulk, space and setback requirements applicable to accessory uses pursuant to the Zoning Ordinance.
   5. Other temporary uses: Any other temporary use consistent with the purposes and intent of the regulations of the district in which such use is located is permitted with the following requirements:
      1. Such use shall require a temporary use permit.
      2. The Community Development Department shall establish a limitation on the duration of every temporary use approved not greater than for similar uses, and in no case longer than 30 days.
      3. Any approval granted shall be deemed to authorize only the particular use for which it was given, and shall not be construed to be any right or entitlement to any subsequent approval for the applicant or any other person.

(Ord. No. 2294, 10/08/2018) 

Effective on: 12/23/2018

The following temporary use standards apply:

1. Permitted Temporary Uses: Subject to the specific regulations that follow and to the other applicable regulations of the district in which the use is permitted, the following temporary use is permitted:
   1. Civic uses of public property: Any civic use of any public building or property is permitted when authorized by the City Commission—refer to Chapter 98, of the Birmingham City Code.

Effective on: 1/1/1901

The following temporary use standards apply:

1. Permitted Temporary Uses: Subject to the specific regulations that follow and to the other applicable regulations of the district in which the use is permitted, the following temporary use is permitted:
   1. Seasonal plant sales: Any religious institution, school or other nonprofit organization may conduct seasonal plant sales on property owned by such institution or organization.
      1. Such sales shall be limited to a period not to exceed 30 days.
      2. Plant displays need not comply with the setback requirements of the Zoning Ordinance. The displays shall meet the requirements of Section 4.87.
      3. All refuse or debris resulting from such sales shall be wholly contained on the premises and removed from the premises after the end of the sale.
      4. Christmas tree sales require a license as defined in Section 26-88 of the Birmingham City Code.

(Ord. No. 2295, 10/08/2018) 

Effective on: 12/23/2018

The following temporary use standards apply:

1. Permitted Temporary Uses: Subject to the specific regulations that follow and to the other applicable regulations of the district in which the use is permitted, the following temporary use is permitted:
   1. Seasonal plant sales: Such sales may be conducted with the following requirements:
      1. Such sales shall be limited to a period not to exceed 30 days.
      2. Plant displays need not comply with the setback requirements of the Zoning Ordinance. The displays shall meet the requirements of Section 4.87.
      3. All refuse or debris resulting from such sales shall be wholly contained on the premises and removed from the premises after the end of the sale.
      4. Christmas tree sales require a license as defined in Section 26-88 of the Birmingham City Code.

Effective on: 1/1/1901

The following utility standards applies:

1. Purpose and Intent: The purpose and intent of the city is to balance the need for clean and renewable energy resources with the necessity to protect the public health, safety and welfare of the city, as well as to preserve the integrity, character, property values, and aesthetic quality of the community at large.
2. Solar Energy Facilities: The city shall allow the construction and operation of solar energy facilities and shall provide standards for the placement, design, construction, modification and removal of solar energy facilities that address public safety, minimize impacts on scenic, natural and historic resources without significantly increasing the cost or decreasing the efficiency of such systems.
   1. Roof-Mounted Solar Electric Systems:
      1. Roof-mounted solar panels are permitted on buildings and structures in all zoning districts and may include integrated solar panels as the surface layer of the roof structure with no additional apparent change in relief or projection, separate flush mounted solar panels attached to the roof, associated electrical equipment such as meters, charge controllers, inverters, storage batteries, or similar ancillary equipment, or solar photovoltaic shingles;
      2. Separate, non-integrated flush-mounted solar panels shall be located on a rear- or side-facing roof, which do not front any street, unless such installation is proven to be ineffective or impractical. If installation is not practical on a rear- or side- facing roof, any other placement in all zoning districts shall be subject to review by the Planning Division. Wall or façade-mounted solar panels are not permitted;
      3. Any roof-mounted solar electric systems proposed on a historic building, or on a building or structure in an established historic district are subject to a Design Review by the Historic District Commission;
      4. Separate flush-mounted solar panels installed on a building or structure with a sloped roof surface shall not project vertically above the peak of the roof to which it is attached, or project vertically more than five (5) feet above a flat roof installation;
      5. No solar panels shall ever project higher than the permitted building height in any Zoning District;
      6. All solar electric systems proposed on the roof of a building shall be uniform in color and match or complement the color of the roof material. All frames (internal and external) shall match the color of the collector surface and all solar panels must have anti- reflective coatings to prevent glare; and
      7. All ancillary equipment installed in conjunction with roof- mounted solar electric systems is permitted on the side or rear building facades only. Storage batteries shall be installed in the interior of the building only.
   2. Ground-Mounted Solar Electric Systems:
      1. Ground-mounted solar electric systems, including standard and pole mounted arrays, are not permitted.

(Ord. No. 2353, 07/26/2021)

Effective on: 8/29/2021

The following utility standards applies:

1. Purpose and Intent: The purpose and intent of the city is to balance the need for clean and renewable energy resources with the necessity to protect the public health, safety and welfare of the city, as well as to preserve the integrity, character, property values, and aesthetic quality of the community at large.
2. Wind Energy Facilities: The city shall allow as an accessory use, with review by the Planning Board and/or Historic District Commission, the construction and operation of wind energy facilities and to provide standards for the placement, design, construction, monitoring, modification and removal of wind facilities that address public safety, minimize impacts on scenic, natural and historic resources without significantly increasing the cost or decreasing the efficiency of such systems.
   1. Applicability: This section applies to all on-site wind energy facilities. Any physical modification to existing wind energy facilities that materially alters the type, increases the size, or increases the adverse impact on surrounding properties, shall require a review by the Planning Board and/or Historic District Commission.
   2. Planning Approval Required:
      1. Wind energy facilities shall be limited to the average needs of the structure on the same parcel and shall be a permitted accessory use; subject to the required standards of this section provided they are incidental and secondary to a permitted principal use on the same parcel. The rated capacity of wind energy facilities must correlate with consumption.
      2. Wind energy facilities may be connected to the electrical grid when a parcel on which the system is installed also receives electrical power supplied by a utility company. If a parcel on which a system is installed also receives electrical power supplied by a utility company, excess electrical power generated and not presently needed for on-site use may be used by the utility company in accordance with applicable state and federal law.
      3. Wind monitoring (anemometer) towers are permitted in all non-residential zoning districts subject to the issuance of a temporary use permit and a building permit. Permanent anemometer towers shall be subject to review and approval in conjunction with wind energy facility.
      4. No wind energy facility shall be erected, constructed, installed or modified as provided in this section without first obtaining approval from the Planning Board and/or Historic District Commission. The construction of a wind energy facility shall be permitted in non-residential zoning districts as an accessory use subject to the approval of the Planning Board and/or Historic District Commission and provided that the use complies with all requirements set forth in this section.
         The Planning Board and/or the Historic District Commission have the discretion to deny plans based on aesthetics of the wind energy system.
         All such wind energy facilities shall be constructed and operated in a manner that minimizes any adverse visual, safety, and environmental impacts. No approval of any board or commission shall be granted unless it is found that:
         1. The specific site is an appropriate location for such use;
         2. The use is not expected to adversely affect the area;
         3. There is not expected to be any serious hazard to people, property or animals from the use;
         4. No nuisance is expected to be created by the use; and
         5. Adequate and appropriate facilities will be provided for the proper operation of the use.
      5. Approvals may also impose reasonable conditions, safeguards and limitations and require the applicant to implement all reasonable measures to mitigate unforeseen adverse impacts of the wind energy facility, should they occur.
      6. Multiple wind energy facilities may be permitted provided they meet all requirements specified in the Zoning Ordinance and their number and placement is appropriate for the site and is architecturally and visually compatible with the surrounding area. 
   3. General Site Standards:
      1. Height: No wind energy facility may exceed the maximum permitted or actual legal non-conforming building height by more than 20 ft. in any district
      2. Noise: Except during short-term events including utility outages and severe wind storms, wind energy facilities shall be designed, installed and operated so that noise generated by the system shall be the lesser of 60 dB as measured at any closest inhabited dwelling or 55 dB at the boundary of any adjacent property line.
      3. Location:
         1. The center of a wind energy facility turbine tower shall be set back no less than 5 feet from all lot lines and rights-of-way or no less than one-half the diameter of the rotor and blades, whichever is greater.
         2. The swept area of wind energy facilities must be set back at least 3 feet from any lot line.
         3. Wind energy facilities may not be located between the front lot line and the front wall of the principal use.
         4. No portion of any wind energy facility’s exposed moving parts shall extend to within 20 feet of the ground, or to within 10 feet of any overhead utility lines, or as determined by a utility company.
      4. Screening: Screening of ground mounted mechanical equipment is required in accordance with Article 4, Section 4.54 SC-01 Screening of the Zoning Ordinance, in order to mitigate aesthetic impacts upon the neighborhood.
      5. Shadow Flicker: Wind energy facilities shall be sited in a manner that minimizes shadowing or flicker on adjacent properties. The applicant has the burden of proving that this effect does not have significant adverse impacts on neighboring or adjacent uses through siting or mitigation.
      6. Access and Safety:
         1. Wind energy facilities shall be designed and installed so as to prevent unauthorized access to electrical and mechanical components and shall be secured or locked at all times when service personnel are not present.
         2. Climbing apparatus shall be located in a place that is in accordance with MIOSHA standards as to prevent climbing.
      7. Removal: Any wind energy facility that has not been used in 180 days, or has otherwise been deter- mined abandoned, shall be removed by the owner and/or operator of the facility. If a wind energy facility has not been removed within 30 days of a deadline specified by the City, the City of Birmingham may remove or secure the removal of the facility at the owner/operator’s sole expense. All equipment associated with the facility shall be removed at the same time.
   4. Design Standards:
      1. Color and Finish: The Planning Board shall have discretion over the turbine color, although a neutral, non-reflective exterior color designed to blend with the surrounding environment is encouraged. If the site is located within a historic district, the Historic District Commission will have discretion over the turbine color.
      2. Lighting: Wind Energy Facilities may be lighted only if required by the Federal Aviation Administration. Lighting of other parts of the wind energy facility, or related structures, shall be limited to that required for safety and operational purposes, and shall be reasonably shielded from abutting properties. If lighting is necessary a photometric plan is required.
      3. Signage: Signs on the wind energy facility shall comply with the requirements of the City of Birmingham’s Sign Ordinance, and shall be limited to:
         1. Wind energy facilities shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the wind energy facility.
         2. Those necessary to identify the owner, provide a 24-hour emergency contact phone number, and warn of any danger; and
         3. Educational signs providing information about the facility and the benefits of renewable energy.
      4. Utility Connections: All utility connections for and from the wind energy facility shall be located under- ground. Electrical transformers for utility interconnections may be above ground if required by utility provider but must be screened according to the Zoning Ordinance.
      5. Related Structures: All related structures to wind energy facilities shall be subject to regulations concerning bulk and height of accessory structures as well as all other development standards. All related structures, including but not limited to, equipment shelters, storage facilities, transformers, and substations, shall be architecturally compatible with each other and adjacent buildings and shall be contained within the turbine tower whenever technically feasible. Structures shall only be used for housing equipment for this particular site.
   5. Submittal Requirements:
      1. Wind energy facilities are subject to Site Plan Review or Design Review by the Planning Board and/or the Historic District Commission.
      2. All wind energy facilities shall obtain a building permit, along with any other permits required by federal, state and local agencies, prior to erecting a system.
      3. Proof of Liability Insurance: The applicant shall be required to provide evidence of liability insurance in an amount and for a duration sufficient to cover loss or damage to persons and structures should there be a failure of the wind energy facility.
      4. Site Control: At the time of application for a Site Plan Review, the applicant shall submit documentation of actual or prospective control of the project site sufficient to allow for installation and use of the pro- posed facility. Documentation shall also include proof of control over setback areas and access roads, if required. Control shall mean legal authority to prevent the use or construction of any structure for human habitation within the setback areas.
      5. Site Plan:
         1. A site plan signed and sealed by a licensed engineer, of the subject property and all properties within 200 feet showing existing buildings and structures, utility lines and poles, landscaping and all other items which may effect the placement of the wind energy facility.
         2. An elevation drawing of the proposed location of the wind energy facility.
         3. Color photographs and an elevation drawing with the wind energy facility and all necessary equipment superimposed in the proposed location.
         4. Specification sheets for all equipment, identifying all parts of the system, including, but not limited to, the manufacturer and model, turbine, tower height and type, rotor diameter, foundation, any accessory equipment, and the manufacturers electrical plans and specifications.
         5. Any other information or evidence required by City Officials.

(Ord. No. 2353, 07/26/2021) 

Effective on: 8/29/2021

The following vision clearance standard applies:

1. Corner Lots: On any corner lot, no wall, fence or other structure or any hedge, shrub or other growth shall be maintained at a height which would obscure the vision of drivers properly using the street.

Effective on: 1/1/1901

The following window standards apply:

1. Purpose and Intent: The purpose of this section is to encourage active and engaging storefronts and overall window design that is compatible with a building’s context and the desired character of the City.
2. Storefront Windows: Ground floor facades shall be designed with storefronts that have windows, doorways and signage, which are integrally designed. The following standards apply:
   1. No less than 70% of a storefront/groundfloor façade between 1 and 8 feet above grade shall be clear glazing. Mirrored glass is prohibited.
   2. Required window areas shall be either pedestrian entrances, windows that allow views into retail space, working areas or lobbies. Display windows set into the wall may be approved by the Planning Board.
   3. Windows shall not be blocked with opaque materials or the back of shelving units or signs.
   4. The bottom of the window shall be no more than 3 feet above the adjacent exterior grade.
3. Ground floor building elevations: Building elevations on the ground floor that do not face a frontage line but contain a public entrance shall be no less than 30% clear glazing between 1 and 8 feet above grade.
4. Blank walls of longer than 20 feet on the ground floor façade shall not face a plaza, park, parking area or Public Street.
5. Upper Story Windows: Openings above the first story shall be a maximum of 50% of the total façade area. Upper story windows facing a frontage line shall be clear glazing. Windows shall be vertical in proportion. Mirrored glass is prohibited.
6. To allow flexibility in design, these standards may be modified by a majority vote of those appointed and serving on the appropriate reviewing body including the Planning Board, Design Review Board, and/or Historic District Commission for architectural design considerations provided that the following conditions are met:
   1. The subject property must be in a zoning district that allows mixed uses;
   2. The scale, color, design and quality of materials must be consistent with the building and site on which it is located;
   3. The proposed development must not adversely affect other uses and buildings in the neighborhood;
   4. Glazing above the first story shall not exceed a maximum of 70% of the façade area;
   5. Windows shall be vertical in proportion.

(Ord. No. 2244, 07/24/2017; Ord. No. 2368, 10/24/2022) 

Effective on: 11/6/2022