All districts
The Board of Zoning Appeals has seven members plus up to two alternates, serving three-year terms, appointed by the City Commission (§ 8.01). For meeting dates, check the city's posted meeting schedule.
- Standard. The BZA grants variances where strict application of the ordinance creates practical difficulties or unnecessary hardships (§ 8.01(F)(3)). The findings: strict application would unreasonably prevent a permitted use, literal enforcement would cause unnecessary hardship, the relief is not contrary to the public interest, and substantial justice is done.
- Validity. A BZA order lapses after one year unless a permit is obtained or the use is established (§ 8.01(G)).
- Deadlines. The ordinance states no filing deadline for appeals to the BZA and no window for further appeal. Ask the city for current filing deadlines before relying on any timeline.
Who decides what in Birmingham:
- The City Commission decides special land uses (§§ 7.33-7.37) and rezonings (§ 7.02).
- The Planning Board reviews site plans for the R4 through R8, B, O, P, and MX districts and for major alterations (§ 7.25).
- The Design Review Board conducts design review (§§ 7.06-7.13). The City Planner may administratively approve minor exterior changes, including fences and signs (§§ 7.14, 7.32).
- Appeals from Planning Board and Design Review Board decisions go to the BZA (§§ 7.29, 7.31).
One- and two-family homes go through building permits and the design standards rather than Planning Board site plan review. In a historic district, Historic District Commission review also applies.