A retaining wall is defined in Birmingham's ordinance as a block, brick, or stone structure erected to retain or prevent encroaching soil. A front-yard retaining wall built to level the yard or control stormwater must be set back 2 feet for every 4 feet of wall height, and any fence atop a retaining wall counts the wall's height toward the fence height limit.
Section 5 (Walls and Fences) of the City of Birmingham Zoning Ordinance addresses retaining walls. Subsection 1 defines a 'Retaining Wall' as a structure, normally constructed of block, brick, or stone, erected to retain soil upon a specific property or to prevent soil from encroaching upon a specific property. Subsection 3.A.1 provides that if a retaining wall is constructed in a front yard for the purpose of leveling the yard or to control stormwater, for every four feet of retaining wall it shall be set back two feet. Subsection 1 also addresses the height of a fence erected atop a retaining wall, terrace, or patio: the average least dimension of the retaining wall, terrace, or patio (measured from its top to the nearest ground level) is included in the fence's height limit, provided the least dimension does not vary more than 6 inches over its entire length; if it varies more, the Director determines the permitted fence height. Fences placed atop a retaining wall, terrace, or patio in a front yard may not be opaque (Subsection 7).
Enforced under Title 1, Chapter 9, Article II, Section 11 of the Zoning Ordinance (General Code Section 1-1-6 penalty): up to a $500 fine or up to 6 months imprisonment, or both, with each day a separate offense. Engineering certification may be required for retaining walls in a regulatory floodplain.
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