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Monday, June 9, 2014

Rezoning in the City of Birmingham as per the City web site

Rezoning

What is Rezoning?
Rezoning is the reclassification of a property from one zoning classification to another, such as O-1 Office to B-2 General Business.
Why is Rezoning needed?
The rezoning of a parcel may be required if the owner wishes to utilize the property for a use that is not permitted in the current zoning classification, but is permitted in another zoning classification. In this case, the owner may apply for rezoning OR apply for a use variance from the Board of Zoning Appeals to operate the specific business at this location.
Rezoning Process
Step 1 - Make an appointment with a city planner: A conceptual plan must be presented to a city planner prior to acceptance of an application for Rezoning. This meeting is intended for information sharing and general guidance.

Step 2 - Application for Rezoning filed: An application is deemed complete upon submission and acceptance of the completed application form and all required documentation. Once an application is deemed complete, a petitioner will be scheduled for the next available slot on the City Commission's roster.

Step 3 -Departmental Review: Submitted plans are sent to appropriate departments for review. Comments are returned to the Planning Division prior to final review by Planning Division personnel.

Step 4 - Review Report: The Planning Division reviews the submitted plans and prepares a report to the City Commission. A copy of this report is sent to the petitioner 3 days prior to the meeting.

Step 5 - Hearing at the City Commission: The City Commission meets to consider the application for rezoning. Petitioner appears before the City Commission to answer any questions. City Commission refers matter to the Planning Board.

Step 6 - Hearing at the Planning Board: Planning Board meets to consider the application for Final Site Plan & Design Review. Petitioner appears before the Planning Board to answer any questions. Planning Board may provide a recommendation to the City Commission or request plan revisions.

Step 7 - Plan Revision (if necessary): Petitioner revises plans as required by the Planning Board and submits revised plans to the Planning Division at least 28 days prior to the Planning Board meeting at which the revised application will be considered.

Step 8 - Hearing at the City Commission: The City Commission meets to make a final decision on the application for rezoning. Petitioner appears before the City Commission to answer any questions.
Appeals
An applicant that wishes to appeal a decision of the City Commission may appeal to the courts.
Application for Rezoning

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