Birmingham, Alabama: Putting People First

The Department of Planning, Engineering & Permits exists to provide public safety to the citizens of Birmingham through conservation and development of communities that reflect their values, support their livelihood, and bring them beauty by engaging our city at the highest professional standard of planning, design, and construction.

PEP staff members include licensed or certified professionals in engineering, architecture, building code, surveying, planning, zoning, historic preservation, and right-of-way procurement. These public servants work to enforce codes and regulations, issue various permits for public and private property, execute projects, provide emergency responses, and undertake regular updates to the city’s comprehensive plan and its various components.

The Department of Planning, Engineering & Permits works closely with other departments at City Hall, as well as with other agencies and not-for-profit organizations performing public service. Through a spirit of cooperation with these organizations and support from the Mayor’s Office, the department strives to improve its standard of service to Birmingham’s citizens and assist daily in the City’s neighborhood revitalization efforts. This department also represents the City of Birmingham in a number of regional forums that pertain to shared resources or programs in transportation, watershed management, air quality, emergency response, land-use planning, and business recruitment and retention.

How Can I obtain more information about the City’s Comprehensive Plan or Framework Plan for my area?

Please visit www.imaginebham.com for updates on the City’s Planning efforts.

How do I find out if my property is located in a historic district or commercial revitalization district?

Please contact Urban Design Staff at 205-254-2479.

Zoning

How do I obtain information about my property’s zoning?

Zoning for properties within the City of Birmingham can be found by using the City’s Online Mapping Program located at: https://www.birminghamal.gov/online-mapping/

After determining which zoning district your property is in, you can find the zoning regulations which govern the property by accessing the City’s Zoning Ordinance located at: https://www.birminghamal.gov/wp-content/uploads/2021/09/PEPZNINF_ZoningOrdinance_0921.pdf

You may also visit our office in Room 210 of City Hall or contact zoning staff at 205-254-2478.

What is the Zoning Board of Adjustment?

The Zoning Board of Adjustment (ZBA) is a quasi-judicial board comprised of seven members, appointed by the City Council, representing disciplines such as architecture, construction and real estate. The concurring vote of two-thirds of the members present is needed to approve a request or to render a decision in an appeal. Since the ZBA is a quasi-judicial board, its decision can only be appealed to the Circuit Court of Jefferson County and, in accordance with state law, such an appeal must be filed within 15 calendar days of the date of the decision.

What Does the ZBA actually do?

The ZBA has four main responsibilities:

  1. To consider requests for a VARIANCE from the terms of the Zoning Ordinance when it is not contrary to the public interest.
  2. To determine whether to approve or deny an application for a SPECIAL EXCEPTION to normal zoning rules when such a use or development is specifically not authorized or limited in the zoning ordinance.
  3. To hear and decide APPEALS of the zoning ordinance when it has been alleged that there is an error in any order, requirement, decision or determination made by a city official in the administration of the zoning ordinance.
  4. To consider requests for a MODIFICATION from the terms of the Zoning Ordinance when it is not contrary to the public interest.

What is a zoning variance?

A variance is a departure from any provision of the City’s Zoning Ordinance for a specific parcel, except use, without changing the zoning ordinance or the underlying zoning of the parcel. A variance is intended to be granted on rare occasions, when demonstration of unnecessary hardship based on the review standards set forth in Chapter 9, Article VI of the Zoning Ordinance in relation to other properties in the same zoning district.

How do I know if I need to apply for a variance?

To determine if a variance is needed for your property or site proposal, please contact Zoning Staff at 205-254-2478. The property address, a survey, site plan and/or information on adjacent properties may be requested to determine the need for a variance.

How Do I File for a ZBA Case?

The Application process consists of two parts: the application and a site plan. Applications are available in Room 210 of City Hall at the main counter, can be emailed to you or can be downloaded on-line from the City’s website at www.birminghamal.gov . Staff will be glad to assist with completing the application.

The owner and applicant (if different) both MUST sign the application, and a detailed description of the proposed variance, special exception, modification or appeal must be listed. The hardship/justification MUST also be included with the request. If the request is for a variance, special exception, or a modification a site plan MUST be included with an application.

Once the Application and Site Plan have been completed, staff will accept your case and notify the appropriate neighborhood association, who will be expected to render a recommendation prior to the ZBA meeting date.

What is a Site Plan?

A site plan is a drawing or plan (minimum of 8 ½ by 11 inches in size) drawn to scale, that shows what is, or will be, placed or built on the subject property. The Site Plan MUST include:

When is the deadline to apply for a ZBA case?

The filing deadline is four weeks prior the next agenda date. This time period allows for staff to notify the neighborhood association of your request, send notices to adjacent property owners, and prepare a staff recommendation report for your request.

When and where will my ZBA Hearing be held?

The ZBA meets on the second and fourth Thursday of each month (except November and December) beginning at 2PM in the City Council Chambers on the 3rd Floor of City Hall.

Is there a fee required when submitting an application for a hearing before the ZBA?

Yes. The application fee for a ZBA case is typically based on the zoning of the property. The application fee for property zoned Residential is $150 and the application fee for Non-Residential zoned property is $500. Appeals of the Director’s Decision are $300. Application fees are due at the time of filing.

How Long Does it take for my ZBA Case to be heard?

Once a completed application has been received, (“completed” means that all the information required has been provided) and all fees paid, your request should be heard by the Board within 4-5 weeks.

Is there anything I should do before filing my ZBA Case?

Please contact staff at 205-254-2478 to discuss the details of your request. Recommended revisions to your site plan may eliminate the need for a variance or modification.

If the Board approves my zoning case, when can I pick up my permit?

Unless there is additional information you are required to submit, the ZBA Staff Planner will finalize your case during the week following your hearing. Signed Resolutions are mailed or may be picked up at City Hall in Room 210.You may then take the resolution to the Permit Counter, also located in Room 210 of City Hall to continue with the permit process.

I have made an application for a ZBA case or rezoning. Do I have to be present at the hearing?

The applicant (typically the property owner) filing the appeal is expected to appear in person at the hearing. If you cannot appear, you may authorize someone to act on your behalf; however, your representative must be familiar with your request, business operation, and authorized to bind you or your organization to the decision of the Board particularly as it relates to any approvals with conditions.

If you or your representative cannot be present for your hearing, please contact staff as soon as possible to request a continuance.

If the Zoning Board of Adjustment denies my request, can I request a rehearing or reconsideration from the Board?

All applications for a rehearing shall be made in the same manner as are applications for original hearings. Any application for rehearing will be denied by the Board if it appears that there has been no substantial change in facts or physical conditions since the original hearing.

I was granted a variance but did not get the permits yet. Will my variance expire?

It is very important that you read and understand the conditions attached to your ZBA Resolution. In most cases, there is a condition that all permits or certificate of occupancy associated with your request is obtained within two years from the date of approval. If this time period, has expired, your variance approval will be considered invalid and you must file another application.

What does it mean to rezone property?

The rezoning of property is an amendment to the Official Zoning Map of the City of Birmingham by changing the zoning district of a property. A rezoning is a time-consuming process, usually initiated by the property owner, but at times may be initiated by the Birmingham Planning Commission and/or the City Council. Typically, the process begins when an undeveloped piece of property is planned for development, or a developed piece of property is proposed to be used for a use other than one permitted by the current zoning. Rezoning applications are heard by the appropriate neighborhood association, the Zoning Advisory Committee of the Birmingham Planning Commission, and the Planning and Zoning Committee of the City Council before a final decision is made by the City Council.

What is the Zoning Advisory Committee (ZAC)?

The Zoning Advisory Committee (ZAC) is a subcommittee of the Birmingham Planning Commission whose principal purpose is to advise the City Council directly on changes to the Zoning Ordinance and the Zoning District map. The Committee recommends decisions on matters related to the physical development of land, restriction of uses, and the pattern of development for property within the city limits of Birmingham. For purposes of rezoning property from one zone district classification to another or amending the text in the Zoning Ordinance, the ZAC is an advisory committee only with the City Council, the legislative body of the City, having the final authority for approval.

When and Where Does the ZAC meet?

The ZAC meets the first and third Tuesday of each month beginning at 6:00 pm in the City Council Chambers on the 3rd Floor of City Hall. The ZAC has seven members and a quorum of at least four members is necessary to render a decision.

When is the deadline to apply for a ZAC action?

The filing deadline is four weeks prior the next agenda date. This time period allows for staff to notify the neighborhood association of your request, send notices to adjacent property owners, and prepare a staff recommendation report for your request.

How Do I know if I need to go before the ZAC?

You must appear before the ZAC when you will be:

What documents will I need to request a rezoning and be heard by the ZAC?

How long does the rezoning process take?

On average, the entire rezoning process takes approximately three months. Once a completed application has been received, (“completed” means that all the information required has been provided) and all fees paid, your request should be heard by the Zoning Advisory Committee within 4-5 weeks and the final decision made by the City Council within approximately 10- 12 weeks. A rezoning request can be time consuming due the notification period for properties within 500 feet of the subject property and the statutory advertisement requirement prior to the final public hearing by City Council.

How much does it cost to rezone property?

The rezoning application fee is based on the requested zoning of the property. The fees are as follows:

Do I need to own my property in order to rezone?

Yes. You must provide proof of ownership in order to rezone property. If you are not the owner, you must obtain permission from the owner via a signed application or letter providing authorization to act on the owner’s behalf. A rezoning application may also be initiated by the City Council, the Zoning Advisory Committee or the Birmingham Planning Commission.

What are “Q” Qualified Conditions?

Qualified Conditions are those conditions specified under the Qualified District related to a rezoning ordinance passed by Council. These conditions may limit uses allowed on the property and may impose standards on the subject property with respect to buffers, ingress and egress, development plans, drainage, and environmental plans as well as other considerations that may be necessary to make the proposed development compatible with surrounding development.

My rezoning application was denied by the City Council, what do I do next?

If you are an aggrieved party from the City Council’s action regarding your rezoning request, you may appeal their decision to Circuit Court. If you decide not to appeal, a reapplication for the same or substantially same amendment to the official zoning map previously disapproved by the Council, at a public hearing, shall not be accepted by the ZAC for a period of one year following Council’s last action; provided, however, the Council may, by resolution duly adopted, vote to either (a) reinitiate the proposed zoning amendment before the ZAC or (b) schedule a rehearing of the petition for the proposed zoning amendment before the Council.

What is the Subdivision Committee?

The Subdivision Committee is a subcommittee of the Birmingham Planning Commission. The committee is composed of five members (a quorum of at least 3 members is necessary to render a decision) who review proposals for subdividing land, combining lots, vacating public rights of way or dedicating public rights-of-way.

When must you go before the Subdivision Committee?

A Subdivision Application must be submitted when you want to:

When does the Subdivision Committee meet?

The Subdivision Committee meets in the City Council Chambers at 5:30 pm on the 2 nd and 4 th Wednesday of each month except for the months of November and December.

How long does a Subdivision Committee action take?

Once a completed application has been received, and all fees paid, your request should be heard by the Subdivision Committee within 1-3 weeks. If the request includes a vacation, a decision will be made by the City Council within approximately 5 weeks after the Subdivision Committee’s decision.

What documents or materials will I need for presentation to Subdivision Committee?

What are the standard fees associated with a Subdivision Action?

Filing fee $100.00

Legal notice $6.67 for each adjoining property owner

Lot fees $5.00 per lot

What are the fees associated with a vacation of right of way?

The amount of the vacation fee will be one-third of the value, as determined by multiplying the assessed value per square foot of all lots or tracts abutting that portion of the public right-of-way proposed for vacation, times the square foot area of the right-of-way to be vacated divided by three.

The advertising fee is $2,500 and is due to the Department of Planning, Engineering & Permits.

Are Subdivision Cases Required to Go Before The Neighborhood Association?

Subdivision cases are not required to go before the neighborhood association unless it involves a new subdivision of more than 10 lots.

Who Do I contact regarding a subdivision action?

Please contact Zoning Staff at 205-254-2478 and ask for the Subdivision Planner.

When and where does the Birmingham Planning Commission meet?

The Planning Commission meets on 1 st Wednesday of each month at 8:30am in the Council Chambers located on the 3 rd

Fence Permits

When are you required to obtain a fence permit?

A fence permit is required for any new or replaced fence and for fence repair and alterations.

What is the cost of a fence permit?

The fence permit application fee is $40; however, if a fence is installed without a permit, a penalty fee of $40 will be added to the permit cost.

Does the owner have to sign the fence permit application?

Yes, the owner’s original signature is required. If you are not able to get the owner’s signature, you may bring in a letter from the owner stating that you have permission to pull the permit or the owner may email zoning staff to provide permission.

Do I have to show proof of ownership to obtain a fence permit?

Yes. If staff is unable to verify property ownership with the best available data, a deed or other proof of ownership will be required.

What are the height requirements for fences?

For residential properties and for commercial properties abutting residential zoning, fences in the front yard cannot be higher than 4 feet (only the post may go up to 5ft). Fences in the side and rear yard cannot be higher than 8 feet (9 feet for post only).

Are chain link fences allowed in the front yard?

No, only in the side or rear yard.

What is required to obtain a fence permit?

The fence/wall permit application signed with owner’s original signature, a site plan including the layout of the property as well as the location, height and type of material used to construct the fence. In some cases, a survey of the property may be requested; and special reviews are required for fencing in the floodplain or historic district.

Zoning Letters

I am closing on a piece of property and an official zoning letter is required. Does the City provided this service?

Yes. Zoning Staff will be more than happy to provide certification of a property’s zoning classification. A Zoning letter request form can be picked up at the 2 nd Floor Permit Counter or by calling zoning staff at 205-254-2478 to have a request form mailed or emailed to you. There is a fee associated with zoning letters which is defrayment of the cost to research the zoning.

What does a Zoning Certificate Letter includes and what is the Cost?

A basic zoning certificate letter will include the property’s zoning classification, whether or not it is in a landslide area, historic district, commercial revitalization district or flood area. The cost of a zoning certificate letter is $50. The turnaround time for zoning certificate letter is typically 2-3 business days.

What does a Zoning Information Letter include and what is the Cost?

A detailed Zoning Information Letter will include the property’s zoning classification, whether or not it is in a landslide area, historic district, commercial revitalization district or flood area. The zoning of the surrounding parcels, whether a use is permitted or not and indicate if there is any regulatory cases on the property such as a previous variance or rezoning action. Zoning information letters can also be sued to certify the legal use of property or the status of a legal non-conforming use. Certification of full zoning compliance will require submittal of additional information as well as a detailed, up-to-date as-built survey. A Zoning Information Letter is $100 and the turnaround time is typically 5-7 business days.

If I have multiple parcels I need to certify the zoning for, would I need to make a request for each parcel?

It depends if the parcels are abutting each other and have the same zoning classifications. Zoning staff will make that determination upon receipt of your zoning letter request form.

Floodplain

How do I determine if my property is located in a floodplain?

Please contact Floodplain Management Staff at 205-254-2478 for a review of the flood maps to the determine the flood zone your property is in. A letter certifying the flood zone of your property may also be requested.

What type of work requires Floodplain Development Review Approval?

Any development taking place in the 100 Year Floodplain. Development means any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavating or drilling operations, or storage of materials or equipment.

Where do I obtain a Floodplain Development Application?

A permit application may be obtained from the Department of Planning, Engineering & Permits, 2nd Floor, City Hall, Room 210, telephone number (205) 254-2904.

What are the requirements for a Floodplain Development Approval?