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Birmingham City Zoning Code

ARTICLE 7

Processes, Permits and Fees

7.01 General

  • Property Owners: Persons qualified to sign a petition on behalf of a business shall be those persons listed on the initial merchant’s license issued by the City to the business or those persons who have paid or who are obligated to pay personal property taxes on behalf of the business, as set forth on the current assessment and tax rolls of the City Assessor. Where more than one person is thus identified as the owner of real property or doing business, all persons so identified shall be qualified to sign the petition. When one qualified person signs a petition on behalf of a business, the business shall be deemed to have approved the regulated use. When one qualified person signs a petition as owner of a parcel of real property, the parcel of real property shall be deemed to have approved the regulated use. In computing the required percentage of approvals, an owner of both a business and a parcel of real property shall be counted as 2 owners.
  • Public Notice:
    1. The Planning Board, Design Review Board, or Historic District Commission shall give notice of the date of hearing of any land development application (Rezoning Amendments, Site Plan Review, Community Impact Study, Design Review, Special Land Use Permits, Lot Combinations and Divisions) to all persons to whom any real property adjacent to, abutting and directly across a street or alley from the premises described in the application shall be assessed on the tax rolls of the city. Such notice shall be delivered personally or by mail, a minimum of fifteen days prior to the hearing date and addressed to such persons at the address given in the last assessment roll. A notice sign shall also be posted in full view from a public right-of-way on the subject property. Notice signs will be provided by the City of Birmingham. It is the responsibility of the applicant to post the notice sign as required, to ensure that the notice sign remains posted during the entire notice period and to remove the notice sign the day after the final public hearing the notice sign was advertising. At the hearing, any persons may appear in person, by agent or by attorney. All such hearings shall be open to the public.

    • (Ord. No. 2354, 09/20/2021) 

    Effective on: 10/31/2021

    7.02 Rezoning Amendments

  • Manner: The City Commission may, by ordinance, amend, supplement or change this chapter only after the Planning Board has held at least one public hearing regarding the proposed amendment and has reported to the City Commission thereon. The City Commission may hold additional public hearings as it deems necessary.
    1. Notice of the time and place of any public hearing held pursuant to this section shall be published in an official paper or a paper of general circulation in the city not less than 15 days prior to the hearing, and notice shall be given by mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected that registers its name and mailing ad- dress with the city clerk for the purpose of receiving the notice. An affidavit of mailing shall be maintained.
    2. Upon presentation of a protest petition meeting the requirements of this subsection, an amendment to this chapter which is the object of the petition shall be passed only by a three-fourths vote of the City Commission. The protest petition shall be presented to the City Commission before final action on the amendment, and shall be signed by one of the following:
      1. The owners of at least 20% of the area of land included in the proposed change.
      2. The owners of at least 20% of the area of land included within an area extending outward 100 feet from any point on the boundary of the land included in the proposed change. For purposes of this Section, publicly owned land shall be excluded in calculating the 20% land area requirement.
    3. Following adoption of a Zoning Ordinance amendment by the City Commission, one notice of adoption shall be published in a newspaper of general circulation in the city within 15 days after adoption. The notice shall include the following information:
      1. A summary of the regulatory effect of the amendment including the geographic area affected, or the text of the amendment.
      2. The effective date of the ordinance.
      3. The place and time where a copy of the ordinance may be purchased or inspected.
  • Rezoning:
    1. Persons Entitled to Seek Rezoning. Only a person who has a fee interest in a piece of property, or a contractual interest which may become a fee interest in a piece of property, may seek an amendment in the zoning classification of that property under this section.
    2. Application for Rezoning.
      1. An application for an amendment to change the zoning classification of a particular property must be filed with the Building Official on such forms and accompanied by such fees as may be specified by the City Commission. The application and any supporting documentation shall be forwarded by the City Building Department to the Planning Board for study and recommendation.
      2. Each application for an amendment to change the zoning classification of a particular property shall include statements addressing the following:
        1. An explanation of why the rezoning is necessary for the preservation and enjoyment of the rights of usage commonly associated with property ownership.
        2. An explanation of why the existing zoning classification is no longer appropriate.
        3. An explanation of why the proposed rezoning will not be detrimental to surrounding properties.
      3. Applications for amendments that are intended to change the zoning classification of a particular property shall be accompanied by a plot plan. The plot plan shall be drawn to a scale of not less than one inch equals 50 feet for a property of less than 3 acres and one inch equals 100 feet for property of 3 acres or more in size. Information required on plot plans shall be as follows:
        1. Applicant’s name, address and telephone number.
        2. Scale, north point, and dates of submission and revisions.
        3. Zoning classification of petitioner’s parcel and all abutting parcels.
        4. Existing lot lines, building lines, structures, parking areas, driveways, and other improvements on the site and within 100 feet of the site.
        5. Existing use of the property.
        6. Dimensions, centerlines and right-of-way widths of all abutting streets and alleys.
        7. Location of existing drainage courses, floodplains, lakes, streams, and wood lots.
        8. All existing easements.
        9. Location of existing sanitary systems and/or septic systems.
        10. Location and size of existing water mains, well sites and building service.
        11. Identification and seal of architect, engineer, land surveyor, or landscape architect who prepared the plans.

      If any of the items listed above are not applicable to a particular plot plan, the applicant must specify in the plot plan which items do not apply, and, furthermore, why the items are not applicable.

    3. Hearing on Application. The Planning Board shall hold at least one public hearing on each application for amendment at such time and place as shall be established by the Planning Board.
    4. Notice of Hearing.
      1. If an individual property or adjacent properties are proposed for rezoning, the Planning Board shall give notice of the proposed rezoning, as follows:
        1. Notice of the time and place of the public hearing shall be published in an official newspaper or a paper of general circulation in the city, not less than 15 days before the date the application will be considered for approval.
        2. Notice shall be given by mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected that registers its name and mailing address with the City Clerk for the purpose of receiving the notice.
        3. Notice shall also be sent by mail or personal delivery to the owners of property for which approval is being considered.
        4. Notice shall also be sent to all persons to whom real property is assessed within 300 feet of the property and to the occupants of all structures within 300 feet of the property regardless of whether the property or occupant is located in the zoning jurisdiction.
        5. A notice sign shall be posted in a conspicuous place on the subject property. Notice signs will be provided by the City of Birmingham. It is the responsibility of the applicant to post the notice sign as required, to ensure that the notice sign remains posted during the entire notice period and to remove the notice sign the day after the public hearing the sign was advertising.
      2. If the name of the occupant is not known, the term “occupant” may be used in making notification under this section. The notice shall do all of the following:
        1. Describe the nature of the request.
        2. Indicate the property that is the subject of the request, including all existing street addresses within the property. If there are no street addresses, other means of identification may be used.
        3. State when and where the request will be considered.
        4. Indicate when and where written comments will be received concerning the request.
    5. Findings of Fact and Recommendation of the Planning Board. The Planning Board shall make written findings of fact and transmit same, together with its recommendation, to the City Commission. The City Commission may hold additional hearings if the City Commission considers it necessary. The Planning Board shall make findings based on the evidence presented to it with respect to the following matters:
      1. The objectives of the City’s then current master plan and the City’s 2016 Plan.
      2. Existing uses of property within in the general area of the property in question.
      3. Zoning classification of property within the general area of the property in question.
      4. The suitability of the property in question to the uses permitted under the existing zoning classification.
      5. The trend of development in the general area of the property in question, including any changes which have taken place in the zoning classification.
    6. Underlying Action by the City Commission. Following receipt of the written report and recommendations from the Planning Board, the City Commission may grant or deny any application for the amendment for rezoning. If the City Commission denies the application, no application shall be reheard for at least one year, unless there have been substantial changes in the facts, evidence, and/or conditions demonstrated by the applicant. The determination of whether there have been such changes shall be made by the Planning Board at the time the application is submitted for processing.
    7. Notice of Grant of Rezone. If the City Commission grants the rezoning application, notice of such decision shall be made in the same fashion as Section 7.02(A)(3).

    • Effective on: 1/1/1901

    7.03 Architectural Design Review: Purpose

    Architectural design is a key element in establishing a sense of place for a community. Buildings of high quality contribute to the attractiveness and economic well-being of a community, making it a better place to live and work. The community recognizes the importance of good architecture and its lasting impact. The objective of architectural design standards is to direct builders toward creating buildings of timeless character that are in harmony with the natural and built environment. This is a function of good architectural principles such as selecting durable materials, composing elevations using appropriate proportions, selecting harmonious colors, and combining all the architectural elements in a balanced composition.

    Effective on: 1/1/1901

    7.04 Architectural Design Review: Application

    An application form from the Planning Department, indicating the applicant’s name, mailing address, location of the property, name of the architect and such other information as deemed necessary by the Planning Department or other appropriate reviewing body shall be submitted at the time of a petition for Site Plan and/or Design Review.

    Effective on: 1/1/1901

    7.05 Requirements

    (See architectural design checklist on Site Plan Review application).

    1. Building materials shall possess durability and aesthetic appeal.
    2. The building design shall include architectural features on the building facade that provide texture, rhythm, and ornament to a wall.
    3. Colors shall be natural and neutral colors that are harmonious with both the natural and man-made environment. Stronger colors may be used as accents to provide visual interest to the facade.
    4. The building design shall provide an interesting form to a building through manipulation of the building massing. This can be achieved through certain roof types, roof lines, and massing elements such as towers, cupolas, and stepping of the building form.
    5. These architectural elements shall be arranged in a harmonious and balanced manner.

    (Ord. No. 2245, 07/24/2017) 

    Effective on: 8/20/2017

    7.06 Design Review: Purpose

    The purpose of this division is to foster attainment of those sections of the City’s urban design plan which specifically refer to preservation and enhancement of the particular character of this city and its harmonious development, through encouraging private interests to assist in their implementation.

    Effective on: 1/1/1901

    7.07 Design Review: Application

  • The property owner or his representative shall submit the following:
    1. An application form from the Planning Department, indicating the applicant’s name, mailing address, location of the property, name of architect and such other information as deemed necessary by the appropriate reviewing body.
    2. Eight copies of the proposed design plan to include elevation drawings of the front, side and rear of the building visible to the public and elevation drawings of adjacent buildings, showing general design treatment including color and materials of all walls, screens, towers, openings, lighting and signs and the treatment to be utilized in concealing any exposed mechanical and electrical equipment.
    3. Swatches of all materials, photographs of the site, existing buildings and adjoining properties, and samples of all colors to be used.
    4. Any other material, drawings and documents which may be helpful to or requested by the appropriate reviewing body.
  • The appropriate reviewing body shall act upon the application within 30 days of submittal unless an extension of time is mutually agreed upon by the applicant and the appropriate reviewing body.
  • Upon the appropriate reviewing body’s request, the applicant and/or the person who has prepared the materials submitted to the appropriate reviewing body may be required to appear in person before the appropriate reviewing body.

    • Effective on: 1/1/1901

    7.08 Design Review: Requirements

    All Design Review plans for new non-historic construction also requiring Site Plan Review will be submitted to and reviewed by the Planning Board. All plans, not requiring Site Plan Review or Historic District Review, for the alteration or painting of the exterior of any building and/or the addition of any lighting, signs, equipment or other structures which substantially alter the exterior appearance as determined by the City Planner shall be submitted to the Design Review Board for review. All plans for additions or alterations to historic structures or structures within a historic district shall be submitted to the Historic District Commission in addition to any required Site Plan Review. For uses requiring a special land use permit, Design Review of such uses shall be undertaken by the City Commission with recommendations from the Planning Board pursuant to Section 7.26. Those items not requiring Design Review by the Design Review Board are as follows:

    1. Single-family residential buildings and structures not located within a cluster development.
    2. Uses requiring a special land use permit. Design Review of such uses shall be undertaken by the City Commission with recommendations from the Planning Board pursuant to Section 7.26.
    3. Items such as gutters, downspouts, door and window replacement when similar materials are used, antennas, roof vents and small mechanical equipment not readily visible to the public, painting to a similar color, and items of ordinary repair and maintenance.

    (Ord. No. 2321, 05/06/2019)

    Effective on: 5/26/2019

    7.09 Design Review: Review

  • The Design Review Board shall review all documents submitted pursuant to this section and shall determine the following:
    1. All of the materials required by this section have been submitted for review.
    2. All provisions of this Zoning Ordinance have been complied with.
    3. The appearance, color, texture and materials being used will preserve property values in the immediate neighborhood and will not adversely affect any property values.
    4. The appearance of the building exterior will not detract from the general harmony of and is compatible with other buildings already existing in the immediate neighborhood.
    5. The appearance of the building exterior will not be garish or otherwise offensive to the sense of sight.
    6. The appearance of the building exterior will tend to minimize or prevent discordant and unsightly properties in the City.
    7. The total design, including but not limited to colors and materials of all walls, screens, towers, openings, windows, lighting and signs, as well as treatment to be utilized in concealing any exposed mechanical and electrical equipment, is compatible with the intent of the urban design plan or such future modifications of that plan as may be approved by the City Commission.

    • Effective on: 1/1/1901

    7.10 Design Review: Permit

    The Building Official shall not issue a permit for any building when the plans therefor are required to be re- viewed by the Planning Board, Design Review Board, or Historic District Commission pursuant to this section until approval has been obtained and inscribed on the plans on file with the Building Official. If the Planning Board, Design Review Board, or Historic District Commission shall fail to act on any application within 30 days from the date an application for review is filed, the Building Official may grant a permit without Planning Board, Design Review Board, or Historic District Commission action.

    Effective on: 1/1/1901

    7.11 Design Review: Approval

    Design Review approval shall be valid for a period of one year from the date it is granted. If a building permit has not been issued for the improvements described in the approved Design Review within such one-year period, the Building Official shall not issue a permit for such work until such time as Design Review approval has again been obtained.

    Effective on: 1/1/1901

    7.12 Design Review: Application Fee

    An application fee as established by the City Commission and set forth in Appendix C shall be payable upon submitting an application for Design Review pursuant to this division.

    Effective on: 1/1/1901

    7.13 Design Review: Appeal

    Any applicant for design approval or adjacent property owner aggrieved by a decision of the Design Review Board shall have the right to appeal the decision to the Board of Zoning Appeals in the same manner and subject to the same conditions as set forth for appeals in the Zoning Ordinance.

    Effective on: 1/1/1901

    7.14 Design Review: Planning Department Approval

  • Planning Department approval of changes to the exterior of a building, structure and/or site is authorized in those instances where the proposed work is minor in nature will have a minimal impact on the visual appearance of the building, structure, and/or site and provided the materials used are of equal or higher quality than those previously approved. Examples of changes requiring only departmental approval include painting, installation and/or removal of doors and/or windows, lighting, signs, landscaping, roofing material, dumpster enclosures, fences and screen walls, mechanical equipment and screening, changes in the public right-of- way, and maintenance or repair of buildings or structures.
  • All approved changes must be clearly illustrated on a corrected copy of the final Site Plan which received final approval by the Design Review Board or Planning Board. The corrected copy of the Site Plan must also be signed and dated by the City Planner granting approval. A written record of such administrative approval shall also be maintained on such forms as may be devised by the planning department for such purposes which shall describe the nature of such approval, the date such approval was granted, and the responsible party granting such approval. A copy of this written record shall be attached to the approved final Site Plan and also provided to the Design Review Board or Planning Board at their next regularly scheduled meeting.
  • A written chronological record of all administrative approvals shall be maintained for each calendar year by the Planning Department and shall include the following:
    1. Indicate the final Site Plan being amended;
    2. Describe with specificity the changes being approved;
    3. Indicate the date the approval was granted; and
    4. Indicate the City Planner granting the approval.
  • It shall be the responsibility of the owner to identify changes which received administrative Site Plan approval at the time construction drawings are submitted to the City Building Department.

    • Effective on: 1/1/1901

    7.15 Floodplain Use Permit: Purpose

  • No activity regulated under Sections 4.13(C) and 4.13(D) shall be undertaken except as authorized by a floodplain use permit to be issued by the Building Official upon:
    1. Adoption of a resolution of approval by the City Commission.
    2. Compliance with the provisions of this section.
    3. Compliance with all other applicable provisions of the Zoning Ordinance.
    4. A showing that all necessary development permits have been issued by appropriate local, state and federal authorities, including a floodplain permit, approval, or letter of no authority from the State Department of Natural Resources under authority of Act 245, Public Acts of 1929, as amended by Act 167, Public Acts of 1968 (MCL 323.1 et seq., MSA 3.521 et seq.). Where a development permit cannot be issued prior to the issuance of a floodplain use permit, a letter from the issuing agency indicating intent to issue contingent only upon proof of zoning compliance shall be acceptable.

    • Effective on: 1/1/1901

    7.16 Floodplain Use Permit: Application

  • Applications for a floodplain use permit shall include:
    1. A Site Plan showing existing structures, topographical features, and all proposed changes. The Site Plan shall include existing and proposed ground elevations and contours (one-foot intervals) and a contour showing the base flood elevation.
    2. The elevation in relation to mean sea level of the floor, including basement, of all buildings.
    3. Where floodproofing will be employed, the elevation in relation to mean sea level to which a building will be floodproofed.
    4. Where floodproofing will be employed, a certificate from a registered professional engineer or architect that the floodproofing criteria of this chapter will be met.
    5. Where it can be determined that development is proposed within the regulatory floodway, a certification is required by Section 4.13(D).
    6. A description of the extent to which any watercourse will be altered or relocated as a result of proposed development.
    7. Proof of development permission from appropriate local, state and federal agencies as required by Section 7.15(A), including a floodplain permit approval, or letter of no authority from the State Department of Natural Resources under authority of MCL 323.1 et seq., MSA 3.521 et seq., as amended.
    8. Base flood elevation data where the proposed development is subject to Act No. 288, Public Acts of Michigan 1967 (MCL 560.101 et seq., MSA 26.430 (101) et seq.) or greater than 5 acres in size.
    9. Such other additional information, requested by the Building Official or the City Commission, which may be reasonably necessary to determine compliance with the provisions of this Zoning Ordinance.
    10. The applicant may be required to submit engineering data prepared or certified by a registered professional engineer.
    11. The recipient of a floodplain use permit shall furnish the Building Official with a recording of the actual elevation in relation to mean sea level of the lowest floor, including basement, of all new or substantially improved buildings constructed within the floodplain, and in the case of floodproofed buildings, the elevation to which the building was floodproofed. Such elevation shall be certified by a registered land surveyor or a registered professional engineer.

    • Effective on: 1/1/1901

    7.17 Floodplain Use Permit: Review

  • Applications for floodplain use permits shall be referred by the Building Official to the City Commission for review and consideration as to whether or not a resolution of approval should be adopted. The City Com- mission may, at its sole discretion, request advisory recommendations from the City Engineer, the Planning Board, the Design Review Board, or other municipal officials or bodies. A resolution of approval shall be adopted by the City Commission if it should determine that the proposed use would be consistent with the public health, safety and welfare after considering the following factors:
    1. Private or community need for the proposed facility or use.
    2. Importance of a proposed waterfront location.
    3. Alternative locations not subject to flooding.
    4. Compatibility with existing and proposed floodplain development and use.
    5. Relationship to comprehensive plans and floodplain management program.
    6. Environmental compatibility.
    7. Danger to life and property due to increased flood heights or velocities caused by encroachments.
    8. Danger from materials swept downstream.
    9. Ability of public utilities to function during floods and the prevention of disease and contamination.
    10. The susceptibility of the proposed facility and its contents to flood damage.
    11. Potential flood heights, velocities, duration, rate of rise, and sediment transport.
    12. Accessibility to ordinary and emergency vehicles.
    13. Such other factors as may be relevant to the proposed use and the purpose of this section.

    • Effective on: 1/1/1901

    7.18 Floodplain Use Permit: Appeal

    Applicants may appeal any administrative action of the Building Official made under this division to the Board of Zoning Appeals in the same manner and subject to the same conditions as set forth for appeals in the Zoning Ordinance. The action by the City Commission under Section 7.15 shall not be subject to nor the basis of such an appeal and shall be deemed to constitute a final determination by the city as to whether a resolution of approval should be adopted pursuant to Section 7.15.

    Effective on: 1/1/1901

    7.19 Regulated Uses: Purpose

    The city has recognized that because of their nature, uses defined as regulated uses, have objectionable operational characteristics, especially when concentrated in small areas. Recognizing that regulated uses may have a harmful effect on adjacent areas, special regulation of these uses is necessary to prevent crime, protect the city’s retail trade, maintain property values, and generally protect and preserve the quality of the city’s neighborhoods and business districts.

    Effective on: 1/1/1901

    7.20 Regulated Uses: Application

    Applications for approval of a regulated use must be submitted to the City Commission for review. A Special Land Use Permit is also required for the operation of a regulated use and the City Commission shall refer the Site Plan and the design to the Planning Board for its review and recommendation. After receiving the recommendation, the City Commission shall review the Site Plan and design of the building(s) and/or use(s) proposed in conjunction with the regulated use application. City Commission approval must be granted prior to the issuance of a regulated use license (refer to Section 26-461 of the Birmingham City Code).

    Effective on: 1/1/1901

    7.21 Regulated Uses: Requirements

  • The City Commission shall approve a request for a regulated use if it determines that all of the following standards are met:
    1. The use will be compatible with adjacent uses of land, considering the proximity of dwellings, religious institutions, schools, public structures, and other places of public gatherings.
    2. The use will not adversely impact the capabilities of public services and facilities including sewers, water, schools, transportation, and the ability of the City to supply such services.
    3. The use will not adversely impact any cultural or historic landmarks.
    4. The use is in compliance with all other requirements of this Zoning Ordinance.
    5. The use is in compliance with federal, state, and local laws and regulations.
  • In addition, all of the Special Land Use Permit requirements contained in Article 7 must be met for the City Commission to approve such a request for a regulated use.

    • (Ord. No. 2296, 10/08/2018)

    Effective on: 12/23/2018

    7.22 Regulated Uses: Approval

  • The City Commission may impose conditions upon its approval of a regulated use to ensure the regulated use will be compatible with adjacent uses of land and to promote the use of land in a socially and economically desirable manner.
  • Once the City Commission approves a regulated use, no change or alteration of the use may be made nor may any addition, alteration, or improvement which affects the nature of the use or surrounding properties be made to the building, or on the parcel of land on which the building is located, unless a new application has been filed with the city and the City Commission has approved the application. Existing businesses may continue to operate during the application process.

    • Effective on: 1/1/1901

    7.23 Regulated Uses: Appeal

    A Special Land Use Permit is also required for a regulated use, and the City Commission shall refer the application to the Planning Board for review, and the application must be considered by the City Commission with the recommendation of the Planning Board for such use. Any person aggrieved by the decision of the City Commission may appeal to a court of competent jurisdiction.

    Effective on: 1/1/1901

    7.24 Site Plan Review: Purpose

    The purpose of Site Plan Review is to provide flexibility in the placement and interrelationship of buildings and uses within each site subject to plan approval, and to provide for the implementation of design concepts while at the same time maintain the overall intensity of land use, density of population, and amounts of light, air, access and landscaped open space as required in the Zoning Ordinance. The objectives of Site Plan Review are to:

    1. Encourage originality, flexibility and innovation in site planning and development, including the architecture, landscaping and graphic design in the development;
    2. Discourage monotonous, drab, unsightly, dreary and inharmonious developments, and poor quality;
    3. Conserve the city’s natural beauty and visual character and charm by ensuring that structures, signs and other improvements are properly related to their sites, and to surrounding sites and structures, with due regard to the aesthetic qualities of the natural terrain and landscaping, and that proper attention is given to exterior appearance of structures, signs and other improvements;
    4. Stabilize and improve property values and prevent blighted areas;
    5. Foster civic pride and community spirit so as to improve the quality and quantity of citizen participation in local government and in community growth, change and improvement; and
    6. Sustain the comfort, health, tranquility and contentment of residents and attract new residents by reason of the city’s favorable environment.

    Effective on: 1/1/1901

    7.25 Site Plan Review: Review

  • Site Plan Reviews by the Planning Board are required for all new construction of and additions to buildings for the following types of developments:
    1. Single-family cluster developments.
    2. Accessory buildings in all zoning districts except single-family.
    3. Attached Single-Family Residential (R8).
    4. Two-Family Residential (R4).
    5. Multiple-Family Residential (R5, R6, R7).
    6. Neighborhood Business (B1).
    7. General Business (B2, B2B, B2C).
    8. Office/Residential (B3).
    9. Business/Residential (B4).
    10. Office (O1).
    11. Office/Business (O2).
    12. Parking (P) and all off-street parking facilities in any zoning district except in a district zoned single-family residential when the area thereof accommodates three or less vehicles.
    13. Mixed Use (MX).
  • For properties located within historic districts designated under Chapter 62 of the Birmingham City Code, Site Plan Reviews will also be conducted by the Historic District Commission.
  • Site Plan Reviews by the Planning Board are also required for all expansions and/or alterations of buildings as follows:
    1. Where reconstruction of exterior walls of existing buildings exceeds 33.3% of the total exterior wall area; and / or
    2. Any alteration to an existing building and/or site which significantly alters the vehicular and/or pedestrian circulation as determined by the City Planner.
    •  Historic District CommissionDesign Review BoardPlanning Board
    New construction and/or additions Required if located in an Historic DistrictNot requiredRequired
    Expansion/AlterationRequired if located in an Historic DistrictNot required Required
    Exterior modification without expansion/alteration of site per 7.25 (3)Required if located in an Historic DistrictRequiredNot required
     Historic District CommissionDesign Review BoardPlanning Board
    New construction and/or additions Required if located in an Historic DistrictNot requiredRequired
    Expansion/AlterationRequired if located in an Historic DistrictNot required Required
    Exterior modification without expansion/alteration of site per 7.25 (3)Required if located in an Historic DistrictRequiredNot required
     Historic District CommissionDesign Review BoardPlanning Board
    New construction and/or additions Required if located in an Historic DistrictNot requiredRequired
    Expansion/AlterationRequired if located in an Historic DistrictNot required Required
    Exterior modification without expansion/alteration of site per 7.25 (3)Required if located in an Historic DistrictRequiredNot required
     Historic District CommissionDesign Review BoardPlanning Board
    New construction and/or additions Required if located in an Historic DistrictNot requiredRequired
    Expansion/AlterationRequired if located in an Historic DistrictNot required Required
    Exterior modification without expansion/alteration of site per 7.25 (3)Required if located in an Historic DistrictRequiredNot required

    (Ord. No. 2320, 05/06/2019)

    Effective on: 5/26/2019

    7.26 Site Plan Review: Application

    Each Site Plan submitted to the Planning Board in accordance with the requirements of the Zoning Ordinance shall be on such forms and contain such information as the Planning Board shall determine necessary, including but not limited to a site plan, photometric plan, landscape plan, elevation drawings, interior floor plans, current aerial photos of the subject site and surrounding properties, specification sheets for all lighting and exterior mechanical equipment, and samples of all exterior building materials. All site plans submitted for review and approval must show the subject site in its entirety, must include all property lines, buildings and structures, and must show the same details for all adjacent properties within 200 feet of the subject site’s property lines.

    1. When all applications are filed with the Planning Department, such petition will be placed on the agenda of the Planning Board for preliminary Site Plan Review in the case of non-historic new construction, or final Site Plan Review, for non-historic properties, in the case of minor additions or alterations as determined by the City Planner.
    2. Preliminary Site Plan Review is designed to give the developer a tentative approval prior to development of construction plans. Preliminary review may not be required for additions or alterations to existing buildings, which in the judgement of the City Planner are considered to be minor in nature. After final site plans are completed, the petitioner shall submit them to the Planning Board for final Site Plan Review of non-historic properties. The Planning Board and the Historic District Commission shall jointly review the final Site Plan for historic properties.
    3. Final Site Plan Review must be applied for within six months of the granting of preliminary Site Plan approval. All provisions of applicable ordinances must be met, and any special conditions or requirements imposed by the appropriate reviewing body and in granting preliminary approval must be incorporated into the plans. Final Site Plan approval for both new construction and additions shall be given only after all phases of the plan have been approved by the appropriate reviewing body. It shall be the responsibility of the applicant to advise the Planning Department of any changes to a Site Plan which has received final Site Plan and Design Review approval, and for requesting the necessary approval from the planning division and/ or Planning Board for such changes.
    4. The Building Official shall not issue a building permit for any building when the plans therefor are required to be reviewed by the Planning Board, the Design Review Board, or the Historic District Commission pursuant to this section until approval has been obtained and the signatures of the approving members of the appropriate reviewing body have been inscribed on the plans on file with the City Planner. However, if the appropriate reviewing body fails to act on any application within 30 days from the date an application for review is filed, the Building Official may, if the appropriate reviewing body has had an opportunity to act thereon, issue such permit without Planning Board, Design Review Board, or Historic District Commission action.

    (Ord. No. 2266, 04/23/2018) 

    Effective on: 5/6/2018

    7.27 Site Plan Review: Requirements

  • Site Plan approval shall be granted only to a person, persons, or entity owning or otherwise controlling the entire area included within the proposed lot or building site.
  • The Planning Board or the Design Review Board shall not grant approval for any development unless the conditions given in this subsection have been met.
    1. The location, size and height of the building, walls and fences shall be such that there is adequate landscaped open space so as to provide light, air and access to the persons occupying the building.
    2. The location, size and height of the building, walls and fences shall be such that there will be no interference with adequate light, air and access to adjacent lands and buildings.
    3. The location, size and height of the building, walls and fences shall be such that they will not hinder the reasonable development of adjoining property nor diminish the value thereof.
    4. The Site Plan, and its relation to streets, driveways and sidewalks, shall be such as to not interfere with or be hazardous to vehicular and pedestrian traffic.
    5. The proposed development will be compatible with other uses and buildings in the neighborhood and will not be contrary to the spirit and purpose of this chapter.
    6. The location, shape and size of required landscaped open space is such as to provide adequate open space for the benefit of the inhabitants of the building and the surrounding neighborhood.
  • Site Plans submitted for review by the Planning Board and/or the Design Review Board shall be reviewed by appropriate City departments to assure compliance with city codes, policies and/or regulations.
  • The petitioner shall be responsible for any costs incurred by consultants, including but not limited to traffic and environmental, contracted by the City to review the proposed Site Plan and/or community impact study as determined by the city planner.
  • A community impact study (CIS) shall be required:
    1. For a new structure and/or building of 20,000 square feet of gross floor area or greater, to be prepared by the petitioner, for review by the Planning Board at the preliminary Site Plan Review.
    2. For a new structure and/or building or addition to an existing structure and/or building equaling less than 20,000 square feet of combined gross floor area, to be prepared by the petitioner upon determination by the Planning Board at preliminary Site Plan Review that the proposed development may exert a significant impact upon one or more of those elements cited in subsection (F) of this section. The CIS shall be reviewed by the Planning Board at a second preliminary Site Plan Review.
    3. For an addition to an existing structure and/or building with a combined gross floor area of 20,000 square feet or more, provided that the addition has a gross floor area greater than 10% of the gross floor area of the existing structure and/or building, for review by the Planning Board at the preliminary Site Plan Review.
  • A community impact study, when required, shall provide information pertinent to the following:
    1. Planning/zoning issues, including conformance with master plan, urban design plan, this chapter, and other applicable city codes and policies.
    2. Land development issues, including topographic and soil conditions and site safety concerns.
    3. Private utilities consumption, including electrical needs and natural gas utilization.
    4. Noise level conditions.
    5. Air quality conditions.
    6. Environmental design and historic values including visual quality and historic resources.
    7. Community facilities and services, including refuse collection, sanitary and storm sewer, and water sup- ply.
    8. Public safety needs, including police, fire and emergency medical services.
    9. Open space landscaping and recreation, including cultural elements.
    10. Transportation issues, including pedestrian access and circulation, auto and delivery vehicle traffic, and parking concerns.
    11. Natural features preservation, enhancement, and/or replacement.
    12. Other information as reasonably may be required by the city to assure an adequate analysis of all existing and proposed site features and conditions.
  • The preparer(s) of a CIS must meet the following minimum professional qualifications:
    1. Be registered in the state in their respective professions, when licensing is a state requirement for the practice of the profession (e.g. professional engineer, registered land surveyor, registered architect, etc.); or
    2. In those instances where the state does not require licensing for the practice of a profession (e.g., planner, urban designer, economist, etc.), the preparer shall, in the opinion of the city, possess acceptable credentials (e.g., appropriate college degree(s), membership in professional societies, etc.) to render an expert opinion in the matter and provide documentation which adequately illustrates professional experience gained while preparing CIS related materials on similar projects for other municipalities.

    • Effective on: 1/1/1901

    7.28 Site Plan Review: Approval

    Site Plan approval shall be valid for a period of one year from the date it is granted. Upon request, the appropriate reviewing body may grant an extension of not in excess of one year to the applicant prior to the expiration date. Any application for extension of Site Plan approval must be filed on or before the expiration of the original Site Plan approval. An extension may be granted upon compliance with all applicable zoning requirements that are in effect at the time of filing of the application for the extension. All plans must show any revisions that are a result of Zoning Ordinance amendments at the time of filing. The Building Official shall not issue a permit for such work unless a valid final Site Plan and design plan are in effect.

    Effective on: 1/1/1901

    7.29 Site Plan Review: Hearing on Review

  • Any applicant for Site Plan or Design Review approval or adjacent property owner aggrieved by a decision of the Planning Board, Design Review Board or Historic District Commission (non-historic reviews only) shall have the right to appeal the decision to the Board of Zoning Appeals in the same manner and subject to the same conditions as set forth for appeals in the Zoning Ordinance.

    • (Ord. No. 2355, 09/20/2021) 

    Effective on: 10/31/2021

    7.30 Site Plan Review: Application Fee

    An application fee as established by the City Commission shall be payable upon submitting an application for Site Plan Review pursuant to this division.

    Effective on: 1/1/1901

    7.31 Site Plan Review: Appeal

    Any applicant for Site Plan approval or adjacent property owner aggrieved by a decision of the Planning Board or the Design Review Board shall have the right to appeal the decision to the Board of Zoning Appeals in the same manner and subject to the same conditions as set forth for appeals in the Zoning Ordinance.

    Effective on: 1/1/1901

    7.32 Site Plan Review: Planning Department Approval

  • Planning Department approval of changes to the exterior of a building, structure and/or site is authorized in those instances where the proposed work is minor in nature will have a minimal impact on the visual appearance of the building, structure, and/or site and provided the materials used are of equal or higher quality than those previously approved. Examples of changes requiring only departmental approval include painting, installation and/or removal of doors and/or windows, lighting, signs, landscaping, roofing material, dumpster enclosures, fences and screen walls, mechanical equipment and screening, changes in the public right-of- way, and maintenance or repair of buildings or structures.
  • All approved changes must be clearly illustrated on a corrected copy of the final Site Plan which received final approval by the Planning Board. The corrected copy of the Site Plan must also be signed and dated by the City Planner granting approval. A written record of such administrative approval shall also be maintained on such forms as may be devised by the Planning Department for such purposes which shall describe the nature of such approval, the date such approval was granted, and the responsible party granting such approval. A copy of this written record shall be attached to the approved final Site Plan and also provided to the Planning Board at their next regularly scheduled meeting.
  • A written chronological record of all administrative approvals shall be maintained for each calendar year by the Planning Department and shall include the following:
    1. Indicate the final Site Plan being amended;
    2. Describe with specificity the changes being approved;
    3. Indicate the date the approval was granted; and
    4. Indicate the City Planner granting the approval.
  • It shall be the responsibility of the owner to identify changes which received administrative Site Plan approval at the time construction drawings are submitted to the City Building Department.

    • Effective on: 1/1/1901

    7.33 Special Land Uses: Purpose

    The City Commission shall hear and deny, approve or approve with conditions all requests for permission to carry on special land uses where such uses are permitted in this Zoning Ordinance.

    Effective on: 1/1/1901

    7.34 Special Land Uses: Review

    Site Plan and Design Review for special land uses shall be considered and acted upon by the City Commission. Prior to its consideration of a special land use application for an initial permit or an amendment to a permit, the City Commission shall refer the Site Plan and the design to the Planning Board for its review and recommendation. Each Site Plan submitted in accordance with the requirements of the Chapter 126 - Zoning shall be on such forms and contain such information as the Planning Board shall determine necessary, including but not limited to a site plan, photometric plan, landscape plan, elevation drawings, interior floor plans, current aerial photos of the subject site and surrounding properties, specification sheets for all lighting and exterior mechanical equipment, and samples of all exterior building materials. All site plans submitted for review and approval must show the subject site in its entirety, must include all property lines, buildings and structures, and must show the same details for all adjacent properties within 200 feet of the subject site’s property lines. After receiving the recommendation of the Planning Board, the City Commission shall review the Site Plan and design of the buildings and uses proposed for the site described in the application of amendment. The City Commission’s approval of any special land use application or amendment pursuant to this section shall constitute approval of the Site Plan and Design.

    (Ord. No. 2267, 04/23/2018)

    Effective on: 5/6/2018

    7.35 Special Land Uses: Application

  • An application for a special land use permit which describes the nature of the use, gives the legal description of the property where the use will be located, and any other information which the City Commission deems necessary shall be filed with the City Clerk’s office. An application fee as established by the City Commission shall be paid upon submitting an application for a special land use permit. Upon receipt of an application for a special land use:
    1. A notice shall be prepared which:
      1. Describes the nature of the special land use request;
      2. Indicates the property which is the subject of the special land use request;
      3. States when and where the special land use request will be considered;
      4. Indicates when and where written comments will be received concerning the request; and
      5. Indicates that a public hearing on the special land use request will be held and gives the time and place for the holding of such hearing.
    2. Not less than five days nor more than 15 days before the application is to be considered, the notice shall be published in a newspaper of general circulation in the city.
    3. Not less than five days and not more than 15 days before the application will be considered:
      1. The notice shall be sent by mail or personal delivery to the owners of the property for which approval is being considered.
      2. The notice shall be sent by mail or personal delivery to all persons to whom real property is assessed within 300 feet of the boundary of the property in question and to the occupants of all buildings within 300 feet.
      3. A notice sign shall be posted in a conspicuous place on the subject property. Notice signs will be provided by the City of Birmingham. It is the responsibility of the applicant to post the notice sign as required, to ensure that the notice sign remains posted during the entire notice period and to re- move the notice sign the day after the public hearing the notice sign was advertising
    4. Notification need not be given to more than one occupant of a building; except that if a building contains more than one but less than four dwelling units or spatial areas owned or leased by different individuals, partnerships, businesses or organizations, one occupant of each unit or spatial area shall receive notice.
    5. In the case of a single building containing more than four dwelling units or other distinct spatial areas owned or leased by different individuals, partnerships, businesses or organizations, notice may be given to the manager or owner of the building, who shall be requested to post the notice at the primary entrance to the structure.
    6. Upon presentation of a protest petition meeting the requirements of this subsection (G), an application for approval of a special land use permit which is the object of the petition shall be passed only by a five-seventh vote of the City Commission. A protest petition must be filed before final action on the application and must be signed by the owners of at least 20% of the land included within an area extending outward 300 feet from any point on the boundary of the property in question.

    • Effective on: 1/1/1901

    7.36 Special Land Uses: Requirements

  • The City Commission shall not approve of any requests for a special land use permit unless it determines that the following standards are met:
    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, the natural environment, and the capabilities of public services and facilities affected by the land use.
    3. The use is consistent with the public health, safety and welfare of the city.
    4. The use is in compliance with all other requirements of this Zoning Ordinance.
    5. The use will not be injurious to the surrounding neighborhood.
    6. The use is in compliance with state and federal statutes.
  • Where the special use requested is that of a private school and the site proposed for such use was formerly utilized by the City of Birmingham School District as a public school site, the City Commission shall assume that the foregoing standards have been met upon a determination that the proposed use, when compared with the prior public school, will not unreasonably:
    1. Increase the vehicular traffic in the general neighborhood.
    2. Increase the need for loading or unloading space for students.
    3. Increase the need for off-street or on-street parking.
    4. Increase the hours of operation.
    5. Increase the noise, smoke or noxious fumes emanating from the school site.

    • The City Commission may, pursuant to subsection (C) of this section, impose such conditions as it deems necessary in order to assure that the requirements listed above will be met.

    Effective on: 1/1/1901

    7.37 Special Land Uses: Approval

  • The City Commission may impose any or all of the following conditions of approval:
    1. Conditions to ensure that public services and facilities affected by the proposed land use will be capable of accommodating increased service and facility loads caused by the land use.
    2. Conditions to protect the natural environment and conserve natural resources and energy.
    3. Conditions to ensure compatibility with adjacent uses of land and to promote the use of land in a socially and economically desirable manner.
    4. Any other condition which the City Commission deems necessary to meet the standards established in subsection (A) of this section.
  • Conditions imposed by the City Commission shall do the following:
    1. Be designed to protect natural resources, the health, safety and welfare, as well as the social and economic well-being of those who will use the land use under consideration, residents and landowners immediately adjacent to the proposed land use, and the community as a whole.
    2. Be necessary to meet the intent and purposes of this Zoning Ordinance, be related to the standards established in subsection (A) of this section, and be necessary to ensure compliance with those standards.
  • The decision on a special land use request shall be incorporated in a statement of conclusion relative to the special land use under consideration. The decision shall specify the basis for the decision and any conditions imposed. The conditions imposed with respect to the approval of a land use shall be recorded in the City Commission minutes and shall remain unchanged except upon the mutual consent of the City Commission and the landowner. The City Commission shall maintain a record of changes granted in conditions.
  • Once a permit for a special land use has been granted as to any parcel of land, no change in that use may be made nor may any addition to or change in the building or improvements on the parcel of land take place until a new request for approval has been filed with the City Commission and the City Commission has approved the request for change. Administrative approval for minor building exterior changes or site improvements may be permitted by the City Planner as provided in Section 7.25 and Section 7.14. In instances where a change in the special land use permit would also require Site Plan Review under Section 7.14, such Site Plan Review shall be accomplished in accordance with the provisions Section 7.34.

    • Effective on: 1/1/1901

    7.38 Temporary Use Permit: Purpose

    This section allows short-term and minor deviations from the requirements of the Zoning Ordinance for uses which are truly temporary in nature, will not adversely impact the surrounding area and land uses, and which can be terminated and removed immediately. Temporary uses have no inherent rights within the zone in which they locate. Temporary uses are characterized by their short term or seasonal nature and by the fact that permanent improvements are not made to the site.

    Effective on: 1/1/1901

    7.39 Temporary Use Permit: Application

    All permitted temporary uses must receive a temporary use permit from the Planning Department unless otherwise stated. An application fee as established by the City Commission shall be payable upon submitting an application for a temporary use permit pursuant to this section.

    Effective on: 1/1/1901

    7.40 Temporary Use Permit: Approval

  • Use limitations for temporary use permits. Every temporary use shall comply with the limitations made applicable to specified temporary uses above. No temporary use permit shall be issued in any district if it would have a significant negative impact, including aesthetic impact, on any adjacent property. Such negative impacts may include the following:
    1. Public right-of-way. Any use in the public right-of-way must maintain an unobstructed sidewalk width of at least 60 inches. Upon review by the Building Official and the Fire Marshal, the sidewalk width may be reduced to a minimum of 36 inches, provided that 60 inch wide passing intervals, 60 inches in length are accommodated every 200 feet.
    2. Public safety. No temporary use permit shall be issued unless the fire and police departments shall have first certified that such use will result in no additional, undue on-site or off-site threat to public safety. No temporary use shall be operated except in accordance with such restrictions and conditions as said departments may require in connection with a temporary use permit.
    3. Traffic. No temporary use permit shall be issued if additional vehicular traffic reasonably expected to be generated by such temporary use would have undue detrimental effects on surrounding streets and uses. Undue detrimental effects may include the following:
      1. Activity from the temporary use that unreasonably restricts vehicular and /or pedestrian traffic in the area.
      2. Activity from the temporary use that generates considerably more noise and vibration than would be expected in the area.
    4. Conflicts with other temporary uses. No temporary use permit shall be issued if such use would conflict with another previously authorized temporary use permit.
    5. Sign limitations. Except as otherwise expressly authorized by subsection 86-28(5) or subsection 86-29(12) of the Birmingham City Code, signs shall be located only on the same property as the temporary use and meet the following other requirements:
      1. Only one such sign is permitted per street frontage.
      2. Such signs shall not exceed a total area 6 square feet in a residential district and 20 square feet in all other districts.
      3. Such signs shall be of sturdy construction, and not be detrimental to the character of the area.
      4. Such signs shall not be erected sooner than 24 hours before the commencement of the temporary use and shall be removed within 24 hours following the termination of the temporary use.

    • Effective on: 1/1/1901

    7.41 Wall Art Review: Purpose

    The purpose of this section is to enable creative artistic designs on the exterior of buildings, to activate space and create an inviting experience through the use of art, to allow for public input regarding wall art design, and to ensure the location, size and design of wall art is aesthetically appropriate and compatible with the area of the proposed location.

    (Ord. No. 2357, 12/13/2021) 

    Effective on: 1/2/2022

    7.42 Wall Art Review: Application Requirements

  • An application for wall art shall include the following;
    1. An application form from the Planning Department, indicating property owner’s name, mailing address, location of the property, name of the artist, artist contact information, and such other information as deemed necessary by the appropriate reviewing body.
    2. Two hard copies and one digital copy of the proposed design which includes, but is not limited to, a drawing, rendering or photo of the proposed artwork to be placed on the building, as well as the proposed dimensions of the art work.
    3. A photo of existing conditions of the wall where the artwork is proposed, along with the dimensions of the wall or walls.
    4. A timeframe for the art work to be exhibited and whether it is intended to be temporary or permanent.
    5. Specifications of materials that will be used for the art work.
    6. A resume of the artist(s) including names, location, and photos of previous work.

    • (Ord. No. 2357, 12/13/2021) 

    Effective on: 1/2/2022

    7.43 Wall Art Review: Review

    All applications for wall art begin with review and recommendation by the Public Arts Boad. The application will then be reviewed by the Design Review Board for final consideration. Final approval of wall art is subject to the review requirements for the Design Review Board as stated in Section 7.09 Design Review: Review.

    (Ord. No. 2357, 12/13/2021) 

    Effective on: 1/2/2022

    7.44 Wall Art Review: Application Fee

    An application fee as established by the City Commission and set forth in Appendix A of the City Code shall be payable upon submitting an application for Wall Art Review pursuant to this division.

    (Ord. No. 2357, 12/13/2021) 

    Effective on: 1/2/2022

    7.45 Zoning Ordinance Compliance Permit: Purpose

    It shall be unlawful to change the type of use of land, or to change the type of use or type of occupancy of any building, or to extend any use on any lot until the Building Official has issued for such intended use a Zoning Ordinance Compliance Permit or Certificate of Occupancy and use as provided for in Chapter 22 of the Birmingham City Code.

    (Ord. No. 2357, 12/13/2021)

    Effective on: 1/2/2022

    7.46 Zoning Ordinance Compliance Permit: Application

  • In all cases where a certificate of occupancy and use is not required, application for a Zoning Ordinance Compliance Permit shall be made, except for signs which are regulated by Chapter 86 of the Birmingham City Code. This application shall be made in writing to the Building Official on forms provided for that purpose. A record of all such applications shall be kept on file by the Building Official.
  • The Building Official shall require every application for a Zoning Ordinance Compliance Permit shall be accompanied by a written statement and plans or plats showing the following in sufficient detail to enable the Building Official to ascertain whether the proposed work or use is in conformance with the Zoning Ordinance:
    1. The actual shape, location and dimensions of the lot.
    2. The existing and intended use of the lot and of all buildings or structures upon the lot.
    3. Such other information which may be essential for determining whether the provisions of the Zoning Ordinance are being observed.
  • The Building Official may accept a preliminary application and a lesser number of submitted documents than those listed above in situations where a basic clarification is desired ahead of proceeding with further technical work. If such preliminary application is denied in writing by the Building Official, the applicant may appeal such action to the Board of Zoning Appeals. However, the Building Official shall not refuse to issue a permit when the conditions imposed are complied to by the applicant despite violations of contracts, such as covenants or private agreements, which may be obtained upon the granting of such permit.

    • (Ord. No. 2357, 12/13/2021) 

    Effective on: 1/2/2022