Birmingham permits home occupations as an accessory use in a wide range of districts (D-1 through D-5, UN, the MU and MU-D districts, C-1, C-2, PRD, MXD and AG) provided the business stays accessory and secondary to residential use, occupies no more than 20% of the gross floor area or 400 square feet (whichever is smaller), and involves no direct on-site sales. The Zoning Ordinance (No. 90-130, Title 1, Ch. 4, Art. IV, Sec. 1.F) lists both permitted and prohibited home-occupation uses.
Birmingham's Zoning Ordinance treats a home occupation as a use 'Permitted as Accessory' under Title 1, Chapter 4, Article IV, Section 1.F. It is allowed in the D-1, D-2, D-3, D-4, D-5, UN, MU-L, MU-M, MU-H, MU-D, C-1, C-2, PRD, MXD and AG districts so long as the occupation 'must be accessory and secondary to the use of a dwelling for residential purposes' and does not change the residential character of the premises or adversely affect the surrounding neighborhood. The total floor area used may not exceed 20% of the gross floor area or 400 square feet, whichever is smaller, including all use, storage, and activities. No direct sale of any product is permitted on the premises, no deliveries via tractor trailer are allowed, and there may be no external structural alterations or a separate outside entrance for the business. The ordinance lists examples of permitted home occupations (offices for architects, attorneys, engineers, graphic designers, cleaning services, salespersons; personal instruction in music, art, fitness and tutoring; day care homes; artist and craft studios; small-appliance and electronics repair; and catering or home baking for markets) and expressly prohibits others, including motor-vehicle repair, animal care facilities, personal care services (barbers/beauticians), restaurants or bars, outpatient medical clinics, funeral homes, warehousing, welding or machine shops, and adult entertainment uses. Alabama has not adopted a Home-Based Business Fairness Act, so these local zoning standards govern.
Running a home occupation in a way that exceeds the floor-area limit, makes external structural alterations, conducts on-site retail sales, or falls within a prohibited use category is a zoning violation enforced by Planning, Engineering and Permits and code enforcement, and can result in citation, abatement orders, and revocation of the home-occupation business license.
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