Birmingham City Zoning Code

This Use Specific Standards section applies to the following district:

The following use specific standards apply:

1. Use Permitted in Adjacent District: The City may permit the use of city owned property and public right-of- way for any permitted principal, accessory, or special land use which is permitted in an immediately adjacent zoning district, subject to the requirements of the adjacent zoning district and all applicable provisions of this Zoning Ordinance and provided the use has been approved by the City Commission pursuant to the public land use policy and procedures adopted by the City Commission resolution.

Effective on: 1/1/1901

This Use Specific Standards section applies to the following districts, except where noted otherwise:

The following use specific standards apply:

1. Family Day Care Home: Family day care homes shall not be considered home occupations for the purpose of this Article and are permitted under the following provisions:
   1. All family day care homes must be licensed with the city. Application for a family day care home shall be made to the City Clerk. An application fee as established by the City Commission and set forth in Appendix C shall be payable upon submitting an application for a family day care home. See Chapter 26 of the Birmingham City Code for licensing procedures.
   2. Only the care provider and his/her immediate family shall reside in the home.
   3. The maximum number of children permitted in a family day care home shall not exceed that permitted by the state.
   4. All outdoor play areas shall be enclosed with a fence of no less than 4 feet nor more than 6 feet in height, capable of containing the children within the play area.
   5. Children (not related to the care provider) shall not be dropped off or picked up between the hours of 8:00 p.m. and 7:00 a.m.
   6. There shall be no signs for the family day care home.
   7. No family day care home shall be located closer than 750 feet from another family day care home or foster care facility except as permitted as follows:
      1. The Board of Zoning Appeals may approve the location of a family day care home within 750 feet of another family day care home or foster care facility if the Board of Zoning Appeals finds that the concentration of uses will not generate traffic, noise or other nuisances in a volume greater than would normally be expected in a residential neighborhood. The applicant is required to provide the following information to the Board of Zoning Appeals for all family day care homes within 750 feet of another family day care home or foster care facility:
         1. Location of parking for parents/guardians and caregivers.
         2. Hours of operation.
      2. Any family day care home licensed by the state at the time this section becomes effective and located within 750 feet of another state-licensed family day care home or foster care facility shall be permitted to continue in operation subject to its compliance with the other provisions of this section and the Zoning Ordinance.
   8. Family day care homes may operate Monday through Saturday only.
2. Home occupation: A home occupation is subject to the following provisions:
   1. No one other than the resident(s) of the dwelling unit shall be employed in the conduct of the home occupation.
   2. The home occupation shall not require internal or external alterations or construction features on the dwelling unit, or external equipment or machinery not customary in residential areas.
   3. There shall be no exterior indication by sign or otherwise of the home occupation.
   4. There shall be no noise, vibration, odor or other nuisance as a result of the home occupation detectable beyond the confines of the dwelling unit, including the transmission through vertical or horizontal party walls.
   5. The home occupation shall not generate traffic in a greater volume or consisting of larger vehicle types than would normally be expected in a residential neighborhood.
   6. Any parking generated by the conduct of the home occupation shall be met off the street and shall not be met in a required front yard.
   7. The home occupation shall not include the direct sale of products off display shelves or racks.
   8. No outdoor storage, including equipment, parts or automobiles, associated with the home occupation shall be permitted.
   9. Home occupations may be conducted in a permitted accessory building.
   10. The home occupation shall not operate earlier than 8:00 a.m. nor later than 10:00 p.m.
   11. No more than 25% of the gross area of the building shall be used for such home occupation.
3. Parking - Public, Off-street: Public off-street parking is permitted in connection with parks, stadiums, government offices, government uses, and public schools.
4. Renting of Rooms: The renting of rooms is permitted to not more than 2 roomers or boarders per dwelling unit.
5. Single-family cluster (applicable only to R1A, R1, and R2 and not applicable to R3 properties): The intent of the single-family cluster is to provide flexibility in the placement of buildings and implementation of innovative design concepts within single-family residential districts. Cluster developments shall be in accordance with the regulations as set forth in this section and other applicable sections of the Zoning Ordinance. Upon a conflict between the regulations of this section and those of other sections, the regulations set forth below shall apply:
   1. Approval procedure. Subject to the provisions of this section, the Planning Board may approve of the placement of detached single residences in any single residential district in a manner other than set forth in the two-page layouts in Article 2. Such development, called cluster development in this section, may be permitted by the Planning Board upon its finding that any one or more of the following conditions exist:
      1. The lot contains natural assets such as trees, wildlife habitats, or unusual topographic features that should be preserved.
      2. Topographic or subsoil conditions make development under other regulations impractical.
      3. Floodplain covers a portion of the lot.
      4. The configuration of the lot is odd shaped and not suitable for development under other regulations.
      5. The lot contains frontage on a major road and development along the road would cause traffic problems which could be alleviated by alternative road designs such as cul-de-sacs or loop streets.
   2. Required findings. A request for cluster development shall not be approved unless the Planning Board:
      1. Determines the proposal would not be contrary to the health, safety and welfare of the occupants of adjacent areas;
      2. Determines the proposal would create a sound and stable residential area;
      3. Determines the request is compatible with the purpose of the cluster option, which is to maintain natural areas and topography, or improve the open space characteristics of a given area; and
      4. Determines that there has been compliance with all provisions of this section and other pertinent provisions of the Zoning Ordinance.
   3. Objections of abutting property owners. If written objections have been filed by at least 20% of the owners of all real property abutting or directly across a street or alley from the cluster development lot, the Planning Board may approve a cluster development only upon an affirmative vote of at least 6 members.
   4. Minimum lot area. The detached single-family cluster option may be utilized in the following single- family districts provided that the minimum lot area is: R1A – 80,000 sq ft, R1 – 36,000 sq ft, R2 – 24,000 sq ft.
   5. Site plan and Design Review. All cluster developments shall obtain Site Plan and Design approval from the Planning Board in accordance with the regulations as set forth in Article 7.
   6. Area regulations. Each cluster development shall meet all of the following regulations:
      1. The total number of dwelling units shall not be more than 20% greater than the lot area divided by the required minimum lot area as set forth in the two-page layouts in Article 2, for the zoning district in which the property is located.
      2. Land used for streets, alleys or walkways shall not be included in the computation of density.
      3. All land not intended to be conveyed to individual dwelling unit owners shall be set aside for the use of all occupants of the development. All such lands shall be protected by restrictions or covenants running with the land and must be approved by the City Attorney to assure the following:
         1. That title to the open space is held in common by the owners of all dwelling units in the detached single-family cluster development.
         2. A permanent organization for maintenance and management of all such areas shall be assured by legal documents prior to the issuance of the building permit.
      7. Setbacks. There are no setback requirements from any lot line which does not form a boundary line of the cluster development site. Public streets located wholly within the cluster development site shall not be deemed to be boundary lines for the purpose of determining setbacks. The setbacks from all lot lines forming the boundary of the cluster development shall meet the following minimum requirements:
         1. Setbacks from lot lines abutting a street. Where there are 2 or more existing single-family residential dwellings outside the cluster development on the same side of the street, and within 300 feet of the lot boundaries, the setback of all buildings abutting the street shall be no less than the average distance between the street lot line and the existing residential buildings. In no case shall a setback from a street lot line be less than 25 feet.
         2. Setbacks from all other lot lines. The setback from any lot other than a lot line abutting a street shall be not less than 15 feet.
      8. Distance between buildings. No dwelling unit shall be located closer than 14 feet to another dwelling unit.
      9. Bulk and height requirements. The bulk and height requirements for a cluster development shall be as set forth in the two-page layouts in Article 2, for the zoning district in which the development is located.
      10. Accessory buildings. Accessory buildings appurtenant in use to all dwelling units may be permitted by the Planning Board within a cluster development.
      11. Parking requirements. A minimum of 2 parking spaces per dwelling unit shall be supplied in a garage attached to or part of the dwelling unit.
      12. Access. The cluster development shall meet all of the following requirements for access:
          1. The lot shall abut upon a dedicated public street for a distance of at least 50 feet.
          2. Streets shall be designed to provide means for safe and convenient vehicular traffic both within the cluster development and to and from adjacent areas.
          3. A dead-end street may be used only where a cul-de-sac or other turnaround is provided.
          4. The street widths, curves, drainage, cul-de-sac and other design features shall be approved by the Police, Fire and Public Works Departments of the City.
          5. Streets shall be designed and constructed in accordance with the engineering design standards ad- opted and published by the City Commission and shall be approved by the City Engineer.
          6. Private streets are not permitted in cluster developments.
      13. Easements and utilities. Easements shall be provided as required for existing and proposed utility lines. All distribution lines for telephone and electric service shall be placed underground, and such lines shall be placed within private easements or within dedicated public rights-of-way.

Effective on: 1/1/1901

This Use Specific Standards section applies to the following districts:

The following use specific standards apply:

1. Home Occupation: A home occupation is subject to the following provisions:
   1. No one other than the resident(s) of the dwelling unit shall be employed in the conduct of the home occupation.
   2. The home occupation shall not require internal or external alterations or construction features on the dwelling unit, or external equipment or machinery not customary in residential areas.
   3. There shall be no exterior indication by sign or otherwise of the home occupation.
   4. There shall be no noise, vibration, odor or other nuisance as a result of the home occupation detectable beyond the confines of the dwelling unit, including the transmission through vertical or horizontal party walls.
   5. The home occupation shall not generate traffic in a greater volume or consisting of larger vehicle types than would normally be expected in a residential neighborhood.
   6. Any parking generated by the conduct of the home occupation shall be met off the street and shall not be met in a required front yard.
   7. The home occupation shall not include the direct sale of products off display shelves or racks.
   8. No outdoor storage, including equipment, parts or automobiles, associated with the home occupation shall be permitted.
   9. Home occupations may be conducted in a permitted accessory building.
   10. The home occupation shall not operate earlier than 8:00 a.m. nor later than 10:00 p.m.
   11. No more than 25% of the gross area of the building shall be used for such home occupation.
2. Parking - Public, Off-street: Public off-street parking is permitted in connection with parks, stadiums, government offices, government uses, and public schools.
3. Renting of Rooms: The renting of rooms is permitted to not more than 2 roomers or boarders per dwelling unit.
4. Rooftop Use Standards:
   1. Rooftop amenities such as pergolas, trellises and other similar items are permitted on a rooftop, provided:
      1. They are set back at least 5 feet from the eave line.
      2. They are of sufficient weight or anchored to the building to resist anticipated wind loads.
      3. They do not have full enclosures.
      4. They do not include eisenglass or similar enclosure materials.
   2. Rooftop structures and amenities may not contain habitable space.

(Ord. No. 2325, 08/05/2019) 

Effective on: 9/15/2019

This Use Specific Standards section applies to the following district:

The following use specific standards apply:

1. Home Occupation: A home occupation is subject to the following provisions:
   1. No one other than the resident(s) of the dwelling unit shall be employed in the conduct of the home occupation.
   2. The home occupation shall not require internal or external alterations or construction features on the dwelling unit, or external equipment or machinery not customary in residential areas.
   3. There shall be no exterior indication by sign or otherwise of the home occupation.
   4. There shall be no noise, vibration, odor or other nuisance as a result of the home occupation detectable beyond the confines of the dwelling unit, including the transmission through vertical or horizontal party walls.
   5. The home occupation shall not generate traffic in a greater volume or consisting of larger vehicle types than would normally be expected in a residential neighborhood.
   6. Any parking generated by the conduct of the home occupation shall be met off the street and shall not be met in a required front yard.
   7. The home occupation shall not include the direct sale of products off display shelves or racks.
   8. No outdoor storage, including equipment, parts or automobiles, associated with the home occupation shall be permitted.
   9. Home occupations may be conducted in a permitted accessory building.
   10. The home occupation shall not operate earlier than 8:00 a.m. nor later than 10:00 p.m.
   11. No more than 25% of the gross area of the building shall be used for such home occupation.
2. Parking - Public, Off-street: Public off-street parking is permitted in connection with parks, stadiums, government offices, government uses, and public schools.
3. Renting of Rooms: The renting of rooms is permitted to not more than 2 roomers or boarders per dwelling unit.
4. Rooftop Use Standards:
   1. Rooftop amenities such as pergolas, trellises and other similar items are permitted on a rooftop, provided:
      1. They are set back at least 5 feet from the eave line.
      2. They are of sufficient weight or anchored to the building to resist anticipated wind loads.
      3. They do not have full enclosures.
      4. They do not include eisenglass or similar enclosure materials.
   2. Rooftop structures and amenities may not contain habitable space.

(Ord. No. 2326, 08/05/2019) 

Effective on: 9/15/2019

This Use Specific Standards section applies to the following district:

The following use specific standards apply:

1. Home Occupation: A home occupation is subject to the following provisions:
   1. No one other than the resident(s) of the dwelling unit shall be employed in the conduct of the home occupation.
   2. The home occupation shall not require internal or external alterations or construction features on the dwelling unit, or external equipment or machinery not customary in residential areas.
   3. There shall be no exterior indication by sign or otherwise of the home occupation.
   4. There shall be no noise, vibration, odor or other nuisance as a result of the home occupation detectable beyond the confines of the dwelling unit, including the transmission through vertical or horizontal party walls.
   5. The home occupation shall not generate traffic in a greater volume or consisting of larger vehicle types than would normally be expected in a residential neighborhood.
   6. Any parking generated by the conduct of the home occupation shall be met off the street and shall not be met in a required front yard.
   7. The home occupation shall not include the direct sale of products off display shelves or racks.
   8. No outdoor storage, including equipment, parts or automobiles, associated with the home occupation shall be permitted.
   9. Home occupations may be conducted in a permitted accessory building.
   10. The home occupation shall not operate earlier than 8:00 a.m. nor later than 10:00 p.m.
   11. No more than 25% of the gross area of the building shall be used for such home occupation.
2. Parking - Public, Off-street: Public off-street parking is permitted in connection with parks, stadiums, government offices, government uses, and public schools.
3. Renting of Rooms: The renting of rooms is permitted to not more than 2 roomers or boarders per dwelling unit.
4. Rooftop Use Standards:
   1. Rooftop amenities such as pergolas, trellises and other similar items are permitted on a rooftop, provided:
      1. They are set back at least 5 feet from the eave line.
      2. They are of sufficient weight or anchored to the building to resist anticipated wind loads.
      3. They do not have full enclosures.
      4. They do not include eisenglass or similar enclosure materials.
   2. Rooftop structures and amenities may not contain habitable space.
5. Special-purpose housing: The following regulations shall apply to all special-purpose housing developments. In the event of a conflict between the following regulations and those of the R7 district, the regulations set forth below shall apply:
   1. Minimum lot area. A minimum of 60,000 square feet of total land area.
   2. Maximum number of units. A maximum of 160 dwelling units.
   3. Required minimum lot area in square feet per dwelling unit.
      1. Efficiency and one-bedroom dwelling unit: 400 square feet.
      2. Two-bedroom dwelling unit: 625 square feet.
   4. Required minimum usable floor area in square feet per dwelling unit.
      1. Efficiency and one-bedroom dwelling unit: 500 square feet.
      2. Two-bedroom dwelling unit: 700 square feet.
   5. Maximum building heights. 50 feet or 5 stories (see Section 4.17 for accessory buildings and Section 4.16(C) for exceptions to height limitations).
   6. Setbacks:
      1. Front. Minimum of 15 feet or half of the building height, whichever is greater.
      2. Side. Each side setback shall be 12 feet or half of the building height, whichever is greater, subject to the limitations set forth in Article 4 for accessory buildings.
   7. Open space. A minimum of 50% of the total land area shall be maintained as landscaped open space.
   8. Site plan review. Every special purpose housing project shall receive Site Plan and Design Review from the appropriate reviewing body as provided for in Article 7.

(Ord. No. 2327, 08/05/2019) 

Effective on: 9/15/2019

This Use Specific Standards section applies to the following district:

The following use specific standards apply:

1. Bistros: Bistros are permitted with a valid Special Land Use Permit with the following conditions:
   1. No direct connect additional bar permit is allowed and the maximum seating at a bar cannot exceed 10 seats in the Downtown Overlay District, or 15 seats in the Triangle District and Rail District;
   2. Alcohol is served only to seated patrons, except those standing in a defined bar area;
   3. No dance area is provided;
   4. Only low key entertainment is permitted;
   5. Bistros must have tables located in the storefront space lining any street, or pedestrian passage;
   6. A minimum of 70% glazing must be provided along building facades facing a street or pedestrian passage between 1 foot and 8 feet in height;
   7. All bistro owners must execute a contract with the City outlining the details of the operation of the bistro; and
   8. Outdoor dining must be provided, weather permitting, along an adjacent street or passage during the months of May through October each year. Outdoor dining is not permitted past 12:00 a.m. If there is not sufficient space to permit such dining on the sidewalk adjacent to the bistro, an elevated, ADA compliant, defined platform must be erected on the street adjacent to the bistro to create an outdoor dining area if the Engineering Department determines there is sufficient space available for this purpose given parking and traffic conditions.
   9. Enclosures facilitating year round dining outdoors are not permitted.
   10. Railings, planters or similar barriers defining outdoor dining platforms may not exceed 42’’ in height.
   11. Outdoor rooftop dining is permitted with the conditions that surrounding properties are not impacted in a negative manner and adequate street level dining is provided as determined by the Planning Board and City Commission. Rooftop dining seats will count towards the total number of permissible outdoor dining seats.
2. Kennel: A kennel is permitted in conjunction with veterinary clinics when completely enclosed within a building (see Sections 18-86, 18-87, 18-88 of the Birmingham City Code)
3. Laboratory: A laboratory is permitted when incidental to a medical or dental office located within the same building.
4. Loading Facility: A loading facility is permitted provided such facilities are screened according to Section 4.54.
5. Parking Facility - Off-street: A parking facility is permitted provide such facilities are screened according to Section 4.54.
6. Pharmacy: A pharmacy is permitted when incidental to a medical or dental office located within the same building.
7. Rooftop Use Standards:
   1. Rooftop amenities such as pergolas, trellises and other similar items are permitted on a rooftop, provided:
      1. They are set back at least 5 feet from the eave line.
      2. They are of sufficient weight or anchored to the building to resist anticipated wind loads.
      3. They do not have full enclosures.
      4. They do not include eisenglass or similar enclosure materials.
   2. Rooftop structures and amenities may not contain habitable space.
8. Veterinary Clinic: A veterinary clinic is permitted when completely enclosed within a building.

(Ord. No. 2311, 09/17/2018; Ord. No. 2328, 08/05/2019) 

Effective on: 9/15/2019

This Use Specific Standards section applies to the following district:

The following use specific standards apply:

1. Bistros: Bistros are permitted with a valid Special Land Use Permit with the following conditions:
   1. No direct connect additional bar permit is allowed and the maximum seating at a bar cannot exceed 10 seats in the Downtown Overlay District, or 15 seats in the Triangle District and Rail District;
   2. Alcohol is served only to seated patrons, except those standing in a defined bar area;
   3. No dance area is provided;
   4. Only low key entertainment is permitted;
   5. Bistros must have tables located in the storefront space lining any street, or pedestrian passage;
   6. A minimum of 70% glazing must be provided along building facades facing a street or pedestrian passage between 1 foot and 8 feet in height;
   7. All bistro owners must execute a contract with the City outlining the details of the operation of the bistro; and
   8. Outdoor dining must be provided, weather permitting, along an adjacent street or passage during the months of May through October each year. Outdoor dining is not permitted past 12:00 a.m. If there is not sufficient space to permit such dining on the sidewalk adjacent to the bistro, an elevated, ADA compliant, defined platform must be erected on the street adjacent to the bistro to create an outdoor dining area if the Engineering Department determines there is sufficient space available for this purpose given parking and traffic conditions.
   9. Enclosures facilitating year round dining outdoors are not permitted.
   10. Railings, planters or similar barriers defining outdoor dining platforms may not exceed 42’’ in height.
   11. Outdoor rooftop dining is permitted with the conditions that surrounding properties are not impacted in a negative manner and adequate street level dining is provided as determined by the Planning Board and City Commission. Rooftop dining seats will count towards the total number of permissible outdoor dining seats.
2. Food or drink establishment: A food or drink establishment is permitted excluding drive-in facilities.
3. Kennel: A kennel is permitted in conjunction with veterinary clinics when completely enclosed within a building (see Sections 18-86, 18-87, 18-88 of the Birmingham City Code).
4. Laboratory: A laboratory is permitted when incidental to a medical or dental office located within the same building.
5. Loading Facility: A loading facility is permitted provided such facilities are screened according to Section 4.54.
6. Parking Facility - Off-street: A parking facility is permitted provide such facilities are screened according to Section 4.54.
7. Pharmacy: A pharmacy is permitted when incidental to a medical or dental office located within the same building
8. Rooftop Use Standards:
   1. Rooftop amenities such as pergolas, trellises and other similar items are permitted on a rooftop, provided:
      1. They are set back at least 5 feet from the eave line.
      2. They are of sufficient weight or anchored to the building to resist anticipated wind loads.
      3. They do not have full enclosures.
      4. They do not include eisenglass or similar enclosure materials.
   2. Rooftop structures and amenities may not contain habitable space.
9. Veterinary Clinic: A veterinary clinic is permitted when completely enclosed within a building.

(Ord. No. 2312, 09/17/2018; Ord. No. 2329, 08/05/2019) 

Effective on: 9/15/2019

This Use Specific Standards section applies to the following district:

The following use specific standards apply:

1. Bistros: Bistros are permitted with a valid Special Land Use Permit with the following conditions:
   1. No direct connect additional bar permit is allowed and the maximum seating at a bar cannot exceed 10 seats in the Downtown Overlay District, or 15 seats in the Triangle District and Rail District;
   2. Alcohol is served only to seated patrons, except those standing in a defined bar area;
   3. No dance area is provided;
   4. Only low key entertainment is permitted;
   5. Bistros must have tables located in the storefront space lining any street, or pedestrian passage;
   6. A minimum of 70% glazing must be provided along building facades facing a street or pedestrian passage between 1 foot and 8 feet in height;
   7. All bistro owners must execute a contract with the City outlining the details of the operation of the bistro; and
   8. Outdoor dining must be provided, weather permitting, along an adjacent street or passage during the months of May through October each year. Outdoor dining is not permitted past 12:00 a.m. If there is not sufficient space to permit such dining on the sidewalk adjacent to the bistro, an elevated, ADA compliant, defined platform must be erected on the street adjacent to the bistro to create an outdoor dining area if the Engineering Department determines there is sufficient space available for this purpose given parking and traffic conditions.
   9. Enclosures facilitating year round dining outdoors are not permitted.
   10. Railings, planters or similar barriers defining outdoor dining platforms may not exceed 42’’ in height.
   11. Outdoor rooftop dining is permitted with the conditions that surrounding properties are not impacted in a negative manner and adequate street level dining is provided as determined by the Planning Board and City Commission. Rooftop dining seats will count towards the total number of permissible outdoor dining seats.
2. Home Occupation: A home occupation is subject to the following provisions:
   1. No one other than the resident(s) of the dwelling unit shall be employed in the conduct of the home occupation.
   2. The home occupation shall not require internal or external alterations or construction features on the dwelling unit, or external equipment or machinery not customary in residential areas.
   3. There shall be no exterior indication by sign or otherwise of the home occupation.
   4. There shall be no noise, vibration, odor or other nuisance as a result of the home occupation detectable beyond the confines of the dwelling unit, including the transmission through vertical or horizontal party walls.
   5. The home occupation shall not generate traffic in a greater volume or consisting of larger vehicle types than would normally be expected in a residential neighborhood.
   6. Any parking generated by the conduct of the home occupation shall be met off the street and shall not be met in a required front yard.
   7. The home occupation shall not include the direct sale of products off display shelves or racks.
   8. No outdoor storage, including equipment, parts or automobiles, associated with the home occupation shall be permitted.
   9. Home occupations may be conducted in a permitted accessory building.
   10. The home occupation shall not operate earlier than 8:00 a.m. nor later than 10:00 p.m.
   11. No more than 25% of the gross area of the building shall be used for such home occupation.
3. Parking Facility Private Off-street: An off-street parking facility is permitted for the parking of self-propelled vehicles for periods not exceeding 24 hours at any 1 time with no commercial use, storage or service connected therewith.
4. Parking - public, off-street: Public off-street parking is permitted in connection with parks, stadiums, government offices, government uses, and public schools.
5. Renting of Rooms: The renting of rooms is permitted to not more than 2 roomers or boarders per dwelling unit.
6. Rooftop Use Standards:
   1. Rooftop amenities such as pergolas, trellises and other similar items are permitted on a rooftop, provided:
      1. They are set back at least 5 feet from the eave line.
      2. They are of sufficient weight or anchored to the building to resist anticipated wind loads.
      3. They do not have full enclosures.
      4. They do not include eisenglass or similar enclosure materials.
   2. Rooftop structures and amenities may not contain habitable space.
7. Shelter Building: A shelter building is permitted for attendant or attendants provided such building is no larger than 50 square feet in area and no higher than 8 feet.

(Ord. No. 2313, 09/17/2018; Ord. No. 2330, 08/05/2019) 

Effective on: 9/15/2019

This Use Specific Standards section applies to the following district:

The following use specific standards apply:

1. Alcoholic Beverage Sales: Alcoholic beverage sales for consumption off the premises in conjunction with grocery stores and drugstores is permitted subject to special land use permit.
2. Drive-in Facility: A drive-in facility is permitted provided it is accessory to the permitted principal use.
3. Gasoline Full Service Station: A gasoline full service station is permitted provided any mechanized car wash systems shall be limited to 25 cars per hour.
4. Kennel: A kennel is permitted in conjunction with veterinary clinics when completely enclosed within a building (see Sections 18-86, 18-87, 18-88 of the Birmingham City Code).
5. Laboratory: A laboratory is permitted when incidental to a medical or dental office located within the same building.
6. Loading Facility: A loading facility is permitted provided facilities are screened according to Section 4.54.
7. Parking Facility: A parking facility is permitted provide such facilities are screened according to Section 4.54.
8. Rooftop Use Standards:
   1. Rooftop amenities such as pergolas, trellises and other similar items are permitted on a rooftop, provided:
      1. They are set back at least 5 feet from the eave line.
      2. They are of sufficient weight or anchored to the building to resist anticipated wind loads.
      3. They do not have full enclosures.
      4. They do not include eisenglass or similar enclosure materials.
   2. Rooftop structures and amenities may not contain habitable space.

(Ord. No. 2331, 08/05/2019) 

Effective on: 9/15/2019

This Use Specific Standards section applies to the following districts:

The following use specific standards apply:

1. Alcoholic Beverage Sales: Alcoholic beverage sales for consumption off the premises in conjunction with grocery stores, drugstores, party stores and delicatessens is permitted.
2. Bistros: Bistros are permitted with a valid Special Land Use Permit with the following conditions:
   1. No direct connect additional bar permit is allowed and the maximum seating at a bar cannot exceed 10 seats in the Downtown Overlay District, or 15 seats in the Triangle District and Rail District;
   2. Alcohol is served only to seated patrons, except those standing in a defined bar area;
   3. No dance area is provided;
   4. Only low key entertainment is permitted;
   5. Bistros must have tables located in the storefront space lining any street, or pedestrian passage;
   6. A minimum of 70% glazing must be provided along building facades facing a street or pedestrian passage between 1 foot and 8 feet in height;
   7. All bistro owners must execute a contract with the City outlining the details of the operation of the bistro; and
   8. Outdoor dining must be provided, weather permitting, along an adjacent street or passage during the months of May through October each year. Outdoor dining is not permitted past 12:00 a.m. If there is not sufficient space to permit such dining on the sidewalk adjacent to the bistro, an elevated, ADA compliant, defined platform must be erected on the street adjacent to the bistro to create an outdoor dining area if the Engineering Department determines there is sufficient space available for this purpose given parking and traffic conditions.
   9. Enclosures facilitating year round dining outdoors are not permitted.
   10. Railings, planters or similar barriers defining outdoor dining platforms may not exceed 42’’ in height.
   11. Outdoor rooftop dining is permitted with the conditions that surrounding properties are not impacted in a negative manner and adequate street level dining is provided as determined by the Planning Board and City Commission. Rooftop dining seats will count towards the total number of permissible outdoor dining seats.
3. Dwelling - One-family: One-family dwellings are permitted on those sites simultaneously designated either D2, D3, D4 on the Regulating Plan provided such dwellings meet the regulations of the Zoning Ordinance.
4. Dwelling - Two-family: Two-family dwellings are permitted on those sites simultaneously designated either D2, D3, D4 on the Regulating Plan provided such dwellings meet the regulations of the Zoning Ordinance.
5. Food or Drink Establishment: A food or drink establishment is permitted provided there is no consumption of food in a motor vehicle parked on-site.
6. Gasoline Full Service Station: A gasoline full service station is permitted provided mechanized car wash systems shall be limited to 25 cars per hour.
7. Kennel: A kennel is permitted in conjunction with veterinary clinics when completely enclosed within a building (see Sections 18-86, 18-87, 18-88 of the Birmingham City Code).
8. Laboratory: A laboratory is permitted when incidental to a medical or dental office located within the same building.
9. Outdoor Amusement: Outdoor amusement is permitted and regulated under Chapter 14.
10. Regulated Uses: Regulated uses are permitted if located more than 1,000 feet from any lot for which a certificate of occupancy has been issued for another regulated use. No more than 1 regulated use shall be permitted in a single building. The City Commission shall hear and deny, approve or approve with conditions all requests for permission to carry on a regulated use where a regulated use is permitted, in accordance with Article 7.
11. Rooftop Use Standards:
    1. Rooftop amenities such as pergolas, trellises and other similar items are permitted on a rooftop, provided:
       1. They are set back at least 5 feet from the eave line.
       2. They are of sufficient weight or anchored to the building to resist anticipated wind loads.
       3. They do not have full enclosures.
       4. They do not include eisenglass or similar enclosure materials.
    2. Rooftop structures and amenities may not contain habitable space.
12. Theater: A theater is permitted provided it is located no closer than 400 feet from any property zoned R1, R1A, R2, R3, R4, R5, R6, R7 or R8.

(Ord. No. 2314, 09/17/2018; Ord. No. 2332, 08/05/2019) 

Effective on: 9/15/2019

This Use Specific Standards section applies to the following district:

The following use specific standards apply:

1. Bistros: Bistros are permitted with a valid Special Land Use Permit with the following conditions:
   1. No direct connect additional bar permit is allowed and the maximum seating at a bar cannot exceed 10 seats in the Downtown Overlay District, or 15 seats in the Triangle District and Rail District;
   2. Alcohol is served only to seated patrons, except those standing in a defined bar area;
   3. No dance area is provided;
   4. Only low key entertainment is permitted;
   5. Bistros must have tables located in the storefront space lining any street, or pedestrian passage;
   6. A minimum of 70% glazing must be provided along building facades facing a street or pedestrian passage between 1 foot and 8 feet in height;
   7. All bistro owners must execute a contract with the City outlining the details of the operation of the bistro; and
   8. Outdoor dining must be provided, weather permitting, along an adjacent street or passage during the months of May through October each year. Outdoor dining is not permitted past 12:00 a.m. If there is not sufficient space to permit such dining on the sidewalk adjacent to the bistro, an elevated, ADA compliant, defined platform must be erected on the street adjacent to the bistro to create an outdoor dining area if the Engineering Department determines there is sufficient space available for this purpose given parking and traffic conditions.
   9. Enclosures facilitating year round dining outdoors are not permitted.
   10. Railings, planters or similar barriers defining outdoor dining platforms may not exceed 42’’ in height.
   11. Outdoor rooftop dining is permitted with the conditions that surrounding properties are not impacted in a negative manner and adequate street level dining is provided as determined by the Planning Board and City Commission. Rooftop dining seats will count towards the total number of permissible outdoor dining seats.
2. Dry Cleaning: A dry cleaning facility is permitted, excluding a cleaning plant.
3. Laboratory: A laboratory is permitted when incidental to a medical or dental office located within the same building.
4. Laundry: A laundry facility is permitted, excluding a cleaning plant.
5. Restaurant: A restaurant is permitted excluding drive-in facilities.
6. Rooftop Use Standards:
   1. Rooftop amenities such as pergolas, trellises and other similar items are permitted on a rooftop, provided:
      1. They are set back at least 5 feet from the eave line.
      2. They are of sufficient weight or anchored to the building to resist anticipated wind loads.
      3. They do not have full enclosures.
      4. They do not include eisenglass or similar enclosure materials.
   2. Rooftop structures and amenities may not contain habitable space.
7. Shelter Building: A shelter building is permitted for attendant or attendants provided such building is no larger than 50 square feet in area and no higher than 8 feet.

(Ord. No. 2315, 09/17/2018; Ord. No. 2333, 08/05/2019) 

Effective on: 9/15/2019

This Use Specific Standards section applies to the following district:

The following use specific standards apply:

1. Alcoholic Beverage Sales: Alcoholic beverage sales for consumption off the premises in conjunction with grocery stores, drugstores, party stores and delicatessens is permitted.
2. Bistros: Bistros are permitted with a valid Special Land Use Permit with the following conditions:
   1. No direct connect additional bar permit is allowed and the maximum seating at a bar cannot exceed 10 seats in the Downtown Overlay District, or 15 seats in the Triangle District and Rail District;
   2. Alcohol is served only to seated patrons, except those standing in a defined bar area;
   3. No dance area is provided;
   4. Only low key entertainment is permitted;
   5. Bistros must have tables located in the storefront space lining any street, or pedestrian passage;
   6. A minimum of 70% glazing must be provided along building facades facing a street or pedestrian passage between 1 foot and 8 feet in height;
   7. All bistro owners must execute a contract with the City outlining the details of the operation of the bistro; and
   8. Outdoor dining must be provided, weather permitting, along an adjacent street or passage during the months of May through October each year. Outdoor dining is not permitted past 12:00 a.m. If there is not sufficient space to permit such dining on the sidewalk adjacent to the bistro, an elevated, ADA compliant, defined platform must be erected on the street adjacent to the bistro to create an outdoor dining area if the Engineering Department determines there is sufficient space available for this purpose given parking and traffic conditions.
   9. Enclosures facilitating year round dining outdoors are not permitted.
   10. Railings, planters or similar barriers defining outdoor dining platforms may not exceed 42’’ in height.
   11. Outdoor rooftop dining is permitted with the conditions that surrounding properties are not impacted in a negative manner and adequate street level dining is provided as determined by the Planning Board and City Commission. Rooftop dining seats will count towards the total number of permissible outdoor dining seats.
3. Dwelling - One-family: One-family dwellings are permitted on those sites simultaneously designated either D2, D3, D4 on the Regulating Plan provided such dwellings meet the regulations of the Zoning Ordinance.
4. Dwelling - Two-family: Two-family dwellings are permitted on those sites simultaneously designated either D2, D3, D4 on the Regulating Plan provided such dwellings meet the regulations of the Zoning Ordinance.
5. Food or Drink Establishment: A food or drink establishment is permitted provided there is no consumption of food in a motor vehicle parked on-site. Drive-in facilities require a special land use permit.
6. Gasoline Full Service Station: A gasoline full service station is permitted provided mechanized car wash systems shall be limited to 25 cars per hour.
7. Laboratory: A laboratory is permitted when incidental to a medical or dental office located within the same building.
8. Outdoor Amusement: Outdoor amusement is permitted and regulated under Chapter 14 of the Birmingham City Code.
9. Rooftop Use Standards:
   1. Rooftop amenities such as pergolas, trellises and other similar items are permitted on a rooftop, provided:
      1. They are set back at least 5 feet from the eave line.
      2. They are of sufficient weight or anchored to the building to resist anticipated wind loads.
      3. They do not have full enclosures.
      4. They do not include eisenglass or similar enclosure materials.
   2. Rooftop structures and amenities may not contain habitable space.
10. Theater: A theater is permitted provided it is located no closer than 400 feet from any property zoned R1, R1A, R2, R3, R4, R5, R6, R7 or R8.
11. Regulated Uses: Regulated uses are permitted if located more than 1,000 feet from any lot for which a certificate of occupancy has been issued for another regulated use. No more than 1 regulated use shall be permitted in a single building. The City Commission shall hear and deny, approve or approve with conditions all requests for permission to carry on a regulated use where a regulated use is permitted, in accordance with Article 7.

(Ord. No. 2316, 09/17/2018; Ord. No. 2334, 08/05/2019) 

Effective on: 9/15/2019

This Use Specific Standards section applies to the following district:

The following use specific standards apply:

1. Alcoholic Beverage Sales: Alcoholic beverage sales for consumption off the premises in conjunction with grocery stores, drugstores, party stores and delicatessens is permitted.
2. Automobile Rental Establishment: An automobile rental establishment is permitted provided all vehicles are stored in a public or private parking garage.
3. Bistros: Bistros are permitted with a valid Special Land Use Permit with the following conditions:
   1. No direct connect additional bar permit is allowed and the maximum seating at a bar cannot exceed 15 seats
   2. Alcohol is served only to seated patrons, except those standing in a defined bar area;
   3. No dance area is provided;
   4. Only low key entertainment is permitted;
   5. Bistros must have tables located in the storefront space lining any street, or pedestrian passage;
   6. A minimum of 70% glazing must be provided along building facades facing a street or pedestrian passage between 1 foot and 8 feet in height;
   7. All bistro owners must execute a contract with the City outlining the details of the operation of the bistro; and
   8. Outdoor dining must be provided, weather permitting, along an adjacent street or passage during the months of May through October each year. Outdoor dining is not permitted past 12:00 a.m. If there is not sufficient space to permit such dining on the sidewalk adjacent to the bistro, an elevated, ADA compliant, defined platform must be erected on the street adjacent to the bistro to create an outdoor dining area if the Engineering Department determines there is sufficient space available for this purpose given parking and traffic conditions.
   9. Enclosures facilitating year round dining outdoors are not permitted.
   10. Railings, planters or similar barriers defining outdoor dining platforms may not exceed 42’’ in height.
   11. Outdoor rooftop dining is permitted with the conditions that surrounding properties are not impacted in a negative manner and adequate street level dining is provided as determined by the Planning Board and City Commission. Rooftop dining seats will count towards the total number of permissible outdoor dining seats.
4. Dwelling - Accessory: 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 precedent.
5. Family Day Care Home: Family day care home shall be state licensed and meet the following family day care home provisions:
   1. All family day care homes must be licensed with the city. Application for a family day care home shall be made to the City Clerk on such forms as shall be provided. An application fee as established by the City Commission and set forth in Appendix C shall be payable upon submitting an application for a family day care home. See Chapter 26 of the Birmingham City Code for licensing procedures.
   2. Only the care provider and his/her immediate family shall reside in the home.
   3. The maximum number of children permitted in a family day care home shall not exceed that permitted by the state.
   4. All outdoor play areas shall be enclosed with a fence of no less than 4 feet nor more than 6 feet in height, capable of containing the children within the play area.
   5. Children not related to the care provider shall not be dropped off or picked up between the hours of 8:00p.m. and 7:00 a.m.
   6. There shall be no signs for the family day care home.
   7. No family day care home shall be located closer than 750 feet from another family day care home or foster care facility except as permitted as follows:
      1. The Board of Zoning Appeals may approve the location of a family day care home within 750 feet of another family day care home or foster care facility if the Board of Zoning Appeals finds that the concentration of uses will not generate traffic, noise or other nuisances in a volume greater than would normally be expected in a residential neighborhood. The applicant is required to provide the following information to the Board of Zoning Appeals for all family day care homes within 750 feet of another family day care home or foster care facility:
      2. Location of parking for parents/guardians and caregivers.
      3. Hours of operation.
      4. If the Board of Zoning Appeals gives approval to an additional family day care home within 750 feet of another family day care home or foster care facility, such approval is valid for 2 years from the date of approval.
      5. Any family day care home licensed by the state at the time this section becomes effective and located within 750 feet of another state-licensed family day care home or foster care facility shall be permitted to continue in operation subject to its compliance with the other provisions of this section and the Zoning Ordinance.
   8. Family day care homes shall operate Monday through Saturday only.
6. Food or Drink Establishment: A food or drink establishment is permitted excluding drive-in facilities.
7. Kennel: A kennel is permitted when completely enclosed within a building.
8. Loading Facility: A loading facility is permitted accessory to the principal use.
9. Parking Facility: A parking facility is permitted accessory to the principal use.
10. Parking Structure: A parking structure is permitted accessory to the principal use.
11. Regulated Uses: Regulated uses are permitted if located more than 1,000 feet from any lot for which a certificate of occupancy has been issued for another regulated use, and shall be limited to a maximum floor area of 6,000 square feet. The City Commission shall hear and deny, approve or approve with conditions all requests for permission to carry on a regulated use where a regulated use is permitted, in accordance with Article 7.
12. Rooftop Use Standards:
    1. Rooftop amenities such as pergolas, trellises and other similar items are permitted on a rooftop, provided:
       1. They are set back at least 5 feet from the eave line.
       2. They are of sufficient weight or anchored to the building to resist anticipated wind loads.
       3. They do not have full enclosures.
       4. They do not include eisenglass or similar enclosure materials.
    2. Rooftop structures and amenities may not contain habitable space.
13. Renting of Rooms: The renting of rooms is permitted to not more than 2 roomers or boarders per dwelling unit.

(Ord. No. 2317, 09/17/2018; Ord. No. 2335, 08/05/2019) 

Effective on: 9/15/2019

This Use Specific Standards section applies to the following district:

1. Home Occupation: A home occupation is subject to the following provisions:
   1. No one other than the resident(s) of the dwelling unit shall be employed in the conduct of the home occupation.
   2. The home occupation shall not require internal or external alterations or construction features on the dwelling unit, or external equipment or machinery not customary in residential areas.
   3. There shall be no exterior indication by sign or otherwise of the home occupation.
   4. There shall be no noise, vibration, odor or other nuisance as a result of the home occupation detectable beyond the confines of the dwelling unit, including the transmission through vertical or horizontal party walls.
   5. The home occupation shall not generate traffic in a greater volume or consisting of larger vehicle types than would normally be expected in a residential neighborhood.
   6. Any parking generated by the conduct of the home occupation shall be met off the street and shall not be met in a required front yard.
   7. The home occupation shall not include the direct sale of products off display shelves or racks.
   8. No outdoor storage, including equipment, parts or automobiles, associated with the home occupation shall be permitted.
   9. Home occupations may be conducted in a permitted accessory building.
   10. The home occupation shall not operate earlier than 8:00 a.m. nor later than 10:00 p.m.
   11. No more than 25% of the gross area of the building shall be used for such home occupation.
2. Rooftop Use Standards:
   1. Rooftop amenities such as pergolas, trellises and other similar items are permitted on a rooftop, provided:
      1. They are set back at least 5 feet from the eave line.
      2. They are of sufficient weight or anchored to the building to resist anticipated wind loads.
      3. They do not have full enclosures.
      4. They do not include eisenglass or similar enclosure materials.
   2. Rooftop structures and amenities may not contain habitable space.

(Ord. No. 2336, 08/05/2019) 

Effective on: 9/15/2019

 This Use Specific Standards section applies to the following district:

1. Hours of Operation: Operating hours for all non-residential uses, excluding office, shall begin no earlier than 7:00 a.m. and end no later than 9:00 p.m. However, the Planning Board may approve an extension of the hours of operation for a specific tenant/occupant upon request if the board finds that:
   1. The use is consistent with and will promote the intent and purpose of this Zoning Ordinance;
   2. The use will be compatible with adjacent uses of land, existing ambient noise levels and will not be injurious to the surrounding neighborhood; and
   3. The use is in compliance with all other requirements of this Zoning Ordinance.
2. Rooftop Use Standards:
   1. Rooftop amenities such as pergolas, trellises and other similar items are permitted on a rooftop, provided:
      1. They are set back at least 5 feet from the eave line.
      2. They are of sufficient weight or anchored to the building to resist anticipated wind loads.
      3. They do not have full enclosures.
      4. They do not include eisenglass or similar enclosure materials.
   2. Rooftop structures and amenities may not contain habitable space.

(Ord. No. 2241, 06/12/2017; Ord. No. 2337, 08/05/2019; Ord. No. 2338, 08/05/2019)

Effective on: 9/15/2019