What is a special land use in Birmingham, and who decides?
A special land use is a use the ordinance allows in a district only after individual review and approval. In Birmingham, the City Commission makes the decision (§ 7.33). The Planning Board reviews the site plan and design first and sends a recommendation to the Commission (§ 7.34).
The process includes published notice, mailed notice to owners within 300 ft, and a posted sign (§ 7.35). The Commission weighs six standards (§ 7.36), and any conditions of approval are recorded in the Commission minutes (§ 7.37).
One feature is unusual. If owners of 20 percent of the land within 300 ft file a protest petition, approval requires a five-sevenths vote of the Commission rather than a simple majority (§ 7.35).
Examples in residential districts include religious institutions, private schools, and assisted living facilities.
Sources
Full text: Birmingham ordinance on enCodePlus. Applies to district: *.
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