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Birmingham City Zoning Code

ARTICLE 6

Nonconformances

6.01 Nonconformance with Prior Ordinance

  • Nonconformance with Prior Ordinance: A building or use which was not a legal nonconforming building, structure or use under the provisions of prior zoning ordinances shall not be a legal nonconforming building, structure or use permitted by the provisions of this Zoning Ordinance, except as may otherwise be permitted in the Zoning Ordinance.

    • Effective on: 1/1/1901

    6.02 Continuance of Nonconformity

  • Limitations: Any nonconforming building or use existing at the time of enactment or amendment of this Zoning Ordinance may be continued if maintained in good condition, but:
    1. The use shall not be changed to another nonconforming use except as permitted by the Board of Zoning Appeals.
    2. The use shall not be reestablished after discontinuance for 6 months.
    3. The use or building shall not be extended or enlarged except as herein provided. Nonconforming buildings may be extended or enlarged, provided that the extension or enlargement does not itself violate any provision of the Zoning Ordinance. Where the extension or enlargement will violate any provision of the Zoning Ordinance, application for a variance shall be made to the Board of Zoning Appeals pursuant to Section 8.01(F).
    4. The building shall not be rebuilt or repaired after damage exceeding 75% of the true market value of the building immediately prior to damage.
    5. Existing and new establishments with alcoholic beverage sales (on-premise consumption) shall obtain a Special Land Use Permit upon change in ownership or name of establishment, or upon application for a Site Plan Review.

    • Effective on: 1/1/1901