ZoningVerdict

What is a variance in Birmingham, and how long does it last?

A variance is permission from the Board of Zoning Appeals to depart from a specific zoning standard on your property. Birmingham words the test as a single combined standard: "practical difficulties or unnecessary hardships" (§ 8.01(F)(3)).

The BZA must find that:

  • Strict application of the ordinance would unreasonably prevent use of the property for a permitted purpose
  • Literal enforcement would cause unnecessary hardship
  • The relief is not contrary to the public interest
  • Granting it would do substantial justice

The BZA has seven members and up to two alternates, appointed by the City Commission to three-year terms (§ 8.01). A granted variance does not last forever. A BZA order lapses after 1 year unless you obtain a permit or establish the use (§ 8.01(G)). Check the city's posted meeting schedule for hearing dates, and call the Planning Division at 248-530-1850 to start.

Sources

Full text: Birmingham ordinance on enCodePlus. Applies to district: *.

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