Birmingham requires anyone running a business from home to hold a City business license and an approved Home Occupation affidavit before operating, under the Zoning Ordinance (Ordinance No. 90-130, Title 1, Ch. 4, Art. IV, Sec. 1.F). A City business license is mandated by Alabama Code Sec. 11-51-90, and the affidavit must be filed with the Department of Planning, Engineering and Permits as part of the license application.
A home occupation in Birmingham is defined by the Zoning Ordinance as 'an activity carried out for financial gain by a resident, with an approved business license from the City, and conducted entirely within the resident's dwelling unit.' Before that business license issues, the operator must obtain an approved Home Occupation affidavit. Under Title 1, Chapter 4, Article IV, Section 1.F.12 of the Zoning Ordinance, 'Prior to a receiving a business license as a home occupation, an affidavit for a Home Occupation must be approved by the Department, which is to be included with the business license application.' The Department is the City's Department of Planning, Engineering and Permits (PEP). The ordinance also makes clear (Sec. 1.F.13) that the City license does not displace other required approvals: compliance with Jefferson County Health Department regulations, fire and safety codes, and building codes is still required. The underlying authority to require a municipal business license comes from state law - Alabama Code Sec. 11-51-90 authorizes Alabama municipalities to levy and collect a business license tax on every business, trade, vocation, occupation, or profession conducted within the city.
Operating a home-based business without an approved Home Occupation affidavit and a valid City business license is a violation of both the Zoning Ordinance (Title 1, Ch. 4, Art. IV) and the City business-license code, enforced by Planning, Engineering and Permits and the Finance/Revenue Division. Operators also remain liable for separate Jefferson County Health Department, fire, and building-code requirements that the City license does not waive.
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
Birmingham, AL
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