101 local rules on file Β· Pop. 739 Β· Jefferson County
Showing ordinances that apply to McDonald Chapel, AL
McDonald Chapel is an unincorporated community with a population of approximately 739 in Jefferson County, Alabama. Because McDonald Chapel is not an incorporated city, it does not have its own municipal government or city code. Instead, Jefferson County ordinances apply directly to residential and commercial properties here. The rules below are the county-level regulations that govern your area. Nearby incorporated cities in Jefferson County may have different rules.
Alabama Cottage Food Law (Alabama Code Β§20-1-4.1) allows home-baked goods, jams, and candies with $20,000 annual revenue cap. Food safety training required. Labeling mandatory. Direct sales only.
Alabama DHR licenses home daycares under Alabama Code Β§38-7-1 et seq. Family Day Care Home: 6 children. Group Day Care Home: 7-12 children. Birmingham requires business license plus zoning compliance.
These unincorporated areas are also governed by Jefferson County ordinances.
Home occupations in unincorporated Jefferson County must not generate activity inconsistent with the residential character of the zoning district. The Zoning Resolution's use restrictions govern what activities are permitted in residential districts.
Rainwater harvesting is fully legal in Jefferson County and across Birmingham metro. Alabama has no restrictions on residential collection. Rain barrels and cisterns may be installed without special permits for typical residential use. HOAs may restrict visibility. Alabama Extension promotes rain barrel adoption for garden irrigation.
Jefferson County enforces weed and vegetation nuisance ordinances in unincorporated areas. Kudzu encroachment and invasive species are significant challenges throughout the county's undeveloped parcels and right-of-way corridors.
Jefferson County has no ordinance mandating or restricting native plant landscaping. Xeriscaping is permitted. Alabama has NO HOA xeriscaping protection law, so HOAs may restrict native/drought-tolerant landscaping.
Jefferson County permits artificial turf without municipal restriction. No permit required for residential replacement. Alabama has NO state law protecting artificial turf against HOA bans, so HOAs may prohibit it.
Water service in unincorporated Jefferson County is provided by various utilities including Birmingham Water Works Board and other local systems. Drought restrictions may be imposed by the water provider. Alabama has no permanent statewide water use restrictions.
Jefferson County enforces Alabama's weed abatement law. Under Ala. Code Β§11-67-41, grass or weeds exceeding 12 inches may be declared a public nuisance. The county may abate violations and bill property owners. Does not apply to undeveloped wooded areas.
Unincorporated Jefferson County does not have a comprehensive tree trimming ordinance. Trees on county rights-of-way may be managed by the county road department. Private property tree maintenance is the owner's responsibility.
Unincorporated Jefferson County does not have a specific tree protection ordinance for private property. Tree removal during land development may trigger erosion control permit requirements (Article 13, Subdivision Regulations). A land disturbance permit may be needed for significant clearing.
Birmingham and Jefferson County cities regulate amplified music under general noise ordinances. Sound permits are required for outdoor events at venues like Avondale Brewing, Sloss Furnaces, and Railroad Park. Ala. Code Β§13A-11-7 governs unreasonable noise as disorderly conduct statewide. Home Rule gives Jefferson County more latitude than other AL counties.
Jefferson County has no leaf blower-specific ordinance. Gas-powered units are lawful countywide in unincorporated areas and across Birmingham, Hoover, Vestavia Hills, Homewood, and Mountain Brook. Operation must stay within general noise limits. Ala. Code Β§11-45-1 authorizes local nuisance regulation but no city in the Birmingham metro has enacted a gas blower phase-out.
Unincorporated Jefferson County does not have a standalone county noise ordinance. Noise complaints are addressed through Alabama state disorderly conduct law (Ala. Code Β§13A-11-7, Class C misdemeanor). The Jefferson County Sheriff's Office handles noise disturbance calls.
Unincorporated Jefferson County regulates construction through the Development Services building permit process. No specific construction hour restrictions exist at the county level. Building permits are required for all construction in unincorporated areas.
Jefferson County Animal Services handles animal-related complaints in unincorporated areas including persistent barking. Contact Jefferson County Animal Services at (205) 978-0113. Alabama state nuisance provisions apply.
Jefferson County requires building permits for all in-ground pools and permanent above-ground installations. Birmingham Department of Planning Engineering and Permits issues permits within city limits. Alabama Department of Public Health regulates public pools under Ala. Admin. Code 420-5-14. Inspection points include excavation, steel, plumbing, electrical, and barrier.
Jefferson County requires electrical permits for hot tub installations (240V circuit). Safety cover meeting ASTM F1346 may satisfy barrier requirements per 2018 ISPSC. Setback requirements from property lines apply.
Jefferson County follows the Alabama building code (IBC/IRC-based) requiring a minimum 48-inch barrier around all outdoor pools. Jefferson County is specifically noted as having additional requirements beyond the state baseline. Gates must be self-closing and self-latching at 45+ inches.
Above-ground pools in unincorporated Jefferson County must comply with the same 48-inch barrier requirements as in-ground pools. Building permits are required for permanent installations. Jefferson County may have additional requirements beyond the state baseline.
Jefferson County requires building permits for pool construction in unincorporated areas through the Development Services Department. Pools must comply with the adopted building codes (amended July 2020). All permits available through ePermitJC online portal.
Birmingham allows backyard hens under Β§3-1-52 with restrictions; roosters prohibited citywide. Jefferson County suburbs vary: Hoover and Vestavia Hills restrict to agricultural zones, Mountain Brook effectively prohibits in residential. Coop setbacks 25 to 40 ft common. Alabama's agricultural heritage supports livestock on larger lots outside city limits.
Unincorporated Jefferson County does not have a specific beekeeping ordinance. Alabama law (Ala. Code Β§2-14-1 et seq.) governs apiary registration through the Department of Agriculture. Rural areas of the county are generally suitable for beekeeping.
Alabama prohibits feeding bears year-round under state regulation (ADCNR). Deer feeding restricted during certain seasons. Jefferson County follows state wildlife rules; no additional local feeding ordinance exists.
Unincorporated Jefferson County does not have breed-specific legislation. Alabama has no statewide breed ban preemption. State dangerous dog law (Ala. Code Β§3-6A-1 et seq.) applies based on behavior, not breed. Some incorporated cities within the county do have BSL.
Jefferson County Animal Services handles animal control in unincorporated areas. Dogs should be confined or leashed per county regulations and Alabama state law (Ala. Code Β§3-1-5). Contact Jefferson County Animal Services at (205) 978-0113 for complaints.
Alabama law (Ala. Code Β§9-11-320 et seq.) governs possession of wildlife species. Permits from the Alabama Department of Conservation and Natural Resources may be required for exotic animals. Jefferson County Animal Services handles animal complaints.
Jefferson County and Birmingham metro cities regulate fence materials through zoning. Wood, vinyl, aluminum, and wrought iron are standard. Barbed wire is restricted to industrial/agricultural zones. Historic districts in Five Points South, Highland Park, and Forest Park impose design review. Mountain Brook requires architectural board approval for visible fencing.
Jefferson County requires pool barriers at least 48 inches tall per the 2018 ISPSC (International Swimming Pool and Spa Code). Self-closing, self-latching gates required. Fences must not allow a 4-inch sphere to pass through.
Jefferson County requires building permits for retaining walls over 4 feet tall. Walls over 4 feet require engineered plans stamped by an Alabama-licensed professional engineer. Drainage and setback requirements apply.
Alabama has no shared-cost fence statute. Each property owner in unincorporated Jefferson County is responsible for their own fencing. Boundary disputes are civil matters resolved through the courts. Fences must meet zoning setback requirements.
Jefferson County requires building permits for fence construction in unincorporated areas. Applications are processed through the Development Services Department via the ePermitJC online portal. Plans must comply with the county zoning resolution.
Jefferson County's Zoning Resolution regulates fence and wall construction in all districts. Fence height limits vary by zoning district and yard location. Development Services reviews fence plans for compliance with zoning requirements.
Jefferson County is NOT in a designated wildfire hazard zone. Alabama has no state WUI (Wildland-Urban Interface) mapping law. Standard fire code applies. Defensible space is voluntary. Drought-related burn bans may apply seasonally.
Consumer fireworks (1.4G) are legal in Alabama for persons age 16+. Unincorporated Jefferson County follows state law under the State Fire Marshal's supervision. Seasonal retail sales limited to June 20βJuly 10 and December 15βJanuary 2.
Open burning is prohibited in Jefferson County from April through October by the Jefferson County Department of Health (JCDH). During permitted months (NovemberβMarch), prior approval from JCDH is required. No open burning without a JCDH permit at any time of year.
Unincorporated Jefferson County follows the International Fire Code for recreational fires. Fires under 3 ft diameter and 2 ft height with 25 ft clearance from structures are permitted. Approved containers require 15 ft clearance. All fires must be constantly attended.
Jefferson County may require brush clearance and vegetation management. Alabama Forestry Commission manages wildfire prevention statewide.
Jefferson County defines abandoned vehicles as unregistered, inoperable, or stored on public property over 48 hours. Alabama Code Β§32-13-1 et seq. governs abandoned vehicle procedures. Vehicles on private property must be enclosed or screened.
Birmingham prohibits overnight street parking 2 AM to 6 AM in some residential districts and on marked streets. Unincorporated Jefferson County allows overnight parking on public roads unless otherwise posted. No county-wide permit system.
Jefferson County allows EV chargers with a standard electrical permit. No EV-ready mandate for new construction. Alabama has no HOA EV protection law, so HOAs may restrict chargers. Alabama Power offers EV time-of-use rates.
Unincorporated Jefferson County relies primarily on Alabama state parking law (Ala. Code Β§32-5A-136/137) for street parking regulation. The Jefferson County Sheriff's Office enforces traffic and parking violations on county roads.
Jefferson County requires permits for driveway construction in unincorporated areas. The Development Services Department reviews plans for compliance with the zoning resolution and adopted building codes. All permits are available through the ePermitJC online portal.
Jefferson County's Zoning Resolution restricts commercial activities in residential zones. Commercial vehicle parking is regulated by zoning district. The county zoning includes E-1 Estate, R-1/R-2 Single Family, and other residential districts with use restrictions.
Jefferson County's Zoning Resolution regulates vehicle storage in residential zoning districts. RV and recreational vehicle storage is subject to accessory use provisions. The zoning resolution includes districts for mobile home subdivisions (R-5A) with specific parking requirements.
Jefferson County treats foundation-built tiny homes as standard dwellings under the 2018 IRC. Birmingham zoning requires minimum 400 sq ft (IRC Appendix Q allows under 400). Tiny homes on wheels classified as RVs, prohibited as permanent residences.
Jefferson County requires building permits for carports. Setback requirements: typically 5 feet side, 10 feet rear. Counts toward maximum lot coverage. HOAs in Hoover and Mountain Brook often restrict carports.
Jefferson County requires building permits for accessory buildings in unincorporated areas including additions and storage buildings. Sheds under approximately 200 sq ft may not require a permit but must comply with zoning setbacks. All permits are available through ePermitJC.
Unincorporated Jefferson County's zoning resolution limits accessory dwellings. ADUs may be limited to 200 sq ft in the county. Alabama has no statewide ADU mandate. The county's Comprehensive Plan (Forward Together) may influence future ADU policy.
Garage conversions in unincorporated Jefferson County require a building permit from Development Services. The conversion must comply with adopted building codes and the zoning resolution. Off-street parking requirements must still be met after conversion.
Birmingham STR ordinance sets occupancy at 2 guests per bedroom plus 2 additional, capped at 12 total. Unincorporated Jefferson County has no STR-specific occupancy caps; general residential overcrowding rules apply.
Birmingham requires STR hosts to carry $1,000,000 liability insurance. Proof required at permit application and annual renewal. Unincorporated Jefferson County recommends but does not mandate STR insurance.
Unincorporated Jefferson County does not have a specific short-term rental ordinance. Operators must obtain a Jefferson County business license and register with the Alabama Department of Revenue for state lodging tax. No STR-specific permit or registration exists at the county level.
No STR-specific noise rules exist in unincorporated Jefferson County. State disorderly conduct law (Ala. Code Β§13A-11-7) provides the baseline noise standard. The Jefferson County Sheriff's Office handles noise complaints.
Jefferson County STR operators owe Alabama's 4% state lodging tax plus Jefferson County's lodging tax. State sales tax of 4% and county sales tax of 1% also apply. A Jefferson County business license is required.
No STR-specific parking rules exist in unincorporated Jefferson County. The county zoning resolution provides general off-street parking requirements for residential properties. State parking law (Ala. Code Β§32-5A-136/137) applies.
Jefferson County experiences rare snowfall, averaging 1-2 inches annually. No formal snow clearing ordinances exist. Memorable events include the January 2014 'Snowmageddon' (2-3 inches) that paralyzed Birmingham. General sidewalk maintenance for debris and vegetation still applies year-round. Winter storm liability governed by general negligence.
Birmingham property maintenance code prevents yard sale blight. Items must be displayed neatly and cleared after sale hours. Unsold items cannot remain at curb. Signs come down within 24-48 hours. Historic districts impose stricter aesthetic standards.
Birmingham requires vacant lot mowing when grass exceeds 10 inches (Β§14-1-20). Jefferson County code enforcement handles unincorporated areas. Weed abatement costs become liens on property per Alabama Code Β§11-53B.
Birmingham requires trash bins stored out of public view between collections. Bins out no earlier than 6 PM day before pickup, retrieved by midnight of collection day. Lids must be closed. Unincorporated Jefferson County has less restrictive rules.
Birmingham uses the 2015 International Property Maintenance Code for blight enforcement. Jefferson County has an aggressive blight program targeting vacant structures. Notice period typically 10-30 days. Abatement costs liened against property.
Birmingham Zoning Ordinance limits lot coverage: R-1 typically 40%, R-2 50%, R-3 60%. Coverage includes structures, driveways, patios, and other impervious surfaces. Jefferson County stormwater requirements apply to high-coverage developments. Karst/sinkhole areas may impose additional restrictions.
Birmingham Zoning Ordinance establishes setback distances by district: R-1 requires 25 ft front, 8 ft side, 25 ft rear typical. Mountain Brook, Vestavia, and Hoover maintain stricter setbacks in established neighborhoods. Historic districts impose additional review. Variances require Board of Zoning Adjustment hearing.
Birmingham residential zones limit buildings to 35 ft or 2.5 stories. Downtown B-3 allows high-rise development. Mountain Brook and Vestavia Hills enforce 30 to 35 ft residential heights. Topographic constraints in Red Mountain and Shades Mountain neighborhoods affect measurement. Antennas and chimneys have limited exceptions.
Birmingham and Jefferson County cities prohibit light trespass onto neighboring properties. Security floodlights must be aimed and shielded. Residential property line limits typically 0.5 to 1.0 foot-candles. Complaints handled through code enforcement. HOA covenants often impose stricter standards in Mountain Brook, Greystone, and Liberty Park.
Birmingham and most Jefferson County cities lack comprehensive dark-sky ordinances but require shielded commercial lighting. Oak Mountain State Park area has darker skies valuable for astronomy. Light pollution from Birmingham metro visible 50+ miles. No IDA-designated dark sky parks in Jefferson County.
Jefferson County is inland Alabama with no coastal frontage. No coastal development regulations apply. Alabama's coast is 200+ miles south in Mobile and Baldwin counties. Jefferson County residents buying coastal property in Gulf Shores or Orange Beach face ADEM Coastal Area Management Program rules there, not locally.
Birmingham and Jefferson County cities require grading permits for earthwork over typical thresholds (50-100 cubic yards). Drainage must not adversely affect neighbors. Karst geology requires special review in Trussville, Irondale, Leeds. Retaining walls over 4 ft require engineering. Alabama common law prohibits altering natural drainage.
Jefferson County operates under EPA NPDES MS4 Phase I permit (large urbanized area over 250,000 population). Birmingham, Hoover, and other cities have separate MS4 permits. Village Creek, Valley Creek, and Five Mile Creek watersheds have specific protections. Stormwater management plans required for disturbance over 1 acre.
Jefferson County requires erosion and sediment control for all land-disturbing activities. Birmingham enforces Land Development Ordinance Chapter 6. Silt fences, erosion blankets, and stabilized construction entrances standard. Alabama red clay soil poses specific sediment challenges. ADEM oversees regulatory framework under Ala. Admin. Code 335-6-12.
Unincorporated Jefferson County participates in the National Flood Insurance Program (NFIP). New construction in flood zones must be elevated above the base flood elevation. The Development Services Department administers floodplain management. FEMA flood maps are available through AlabamaFlood.com.
Birmingham and most Jefferson County cities limit garage sales to 3-4 per household per year, each 2-3 days long. Hoover Code Chapter 14 enforces 4-sale annual limit. Exceeding limits triggers home business zoning violations. Community sales typically count as single events.
Garage sale hours across Birmingham metro typically 7 AM to 6 PM, consistent with general noise ordinance daytime hours. Weekend sales most common. Items must be removed from yard after sale ends. Signs must come down within 24-48 hours.
Birmingham does not require permits for residential yard sales but limits frequency. Hoover Code Β§14 requires free registration. Vestavia Hills and Mountain Brook allow without permit. Signs must be removed after sale. Alabama has no statewide garage sale regulation. Jefferson County unincorporated areas impose no permit requirement.
Birmingham requires Mobile Food Unit permits through the Jefferson County Department of Health and a city business license. JCDH food permit covers equipment, handwashing, and commissary. Ala. Code Β§22-20-5.1 governs mobile food vendor sanitation. Annual renewal with inspection required.
Birmingham restricts food truck vending to approved locations and private property with owner permission. Minimum distances from brick-and-mortar restaurants apply (50-100 ft typical). Railroad Park, Pepper Place, and Avondale are established vending hubs. Hoover and suburban cities impose stricter zoning. Event permits required for public property.
Home cannabis cultivation is illegal in Jefferson County. Alabama prohibits recreational and medical marijuana growing. The 2021 Alabama Compassion Act authorized medical cannabis but only through licensed producers - patients cannot grow. Possession of plants brings felony charges. CBD hemp under 0.3% THC is legal.
Alabama medical cannabis dispensaries operating under the 2021 Compassion Act face strict zoning and buffer requirements. Jefferson County cities can opt out of dispensary siting. Birmingham, Hoover, and several suburbs have varied positions. Recreational sales remain illegal statewide. License awards have been tied up in litigation since 2023.
Birmingham provides curbside recycling via blue carts with weekly or alternate-week pickup. Alabama has no statewide recycling mandate. Accepted materials include paper, cardboard, glass, aluminum, and plastics #1-2. Jefferson County operates drop-off recycling at convenience centers for unincorporated residents.
Birmingham Department of Public Works provides weekly residential trash collection via mechanical cart service. Jefferson County unincorporated areas use contracted haulers (Waste Management, Advanced Disposal/GFL, Amwaste). Hoover, Vestavia, Homewood, and Mountain Brook operate municipal or contracted weekly collection. Bins must be curbside by 6 AM on collection day.
Birmingham Public Works provides scheduled bulk item pickup for furniture, mattresses, and large appliances. Jefferson County unincorporated areas rely on private hauler arrangements. Hoover, Vestavia, Mountain Brook offer monthly or on-call bulk collection. Refrigerant must be removed from appliances. Construction debris not eligible.
Birmingham and Jefferson County cities require trash carts placed at curb on collection day and removed within 12 to 24 hours. Carts must be stored out of public view between collections. Historic districts and HOAs impose stricter visibility rules.
Recreational drone use in Jefferson County follows FAA rules under 49 USC Β§44809. Birmingham-Shuttlesworth International Airport (BHM) creates significant Class C airspace restrictions across much of Birmingham. No flying near Regions Field, Legion Field, or Protective Stadium during events. Ala. Code Β§13A-11-30 covers aerial surveillance invasion of privacy.
Commercial drone operators in Jefferson County require an FAA Part 107 Remote Pilot Certificate. LAANC authorization needed for Birmingham-Shuttlesworth (BHM) Class C airspace. Birmingham business license required for drone-based services. Mercedes-Benz, USPS sorting facility, and hospital helipads add airspace complexity.
Birmingham requires door-to-door solicitors to obtain a Peddler's License under Code Chapter 11 with background check. Hours restricted to daylight. Religious and political canvassing exempt under First Amendment. Jefferson County unincorporated areas follow similar framework under Home Rule. Alabama has no statewide solicitor registry.
Birmingham and several Jefferson County cities offer no-knock or no-soliciting registries. Posted 'No Soliciting' signs at residences must be honored by permitted solicitors. Violations trigger citations. Religious, political, and nonprofit canvassers are exempt from registry restrictions under First Amendment protections.
Birmingham requires permits for removal of street trees and certain protected trees on private property. Mountain Brook has comprehensive tree protection ordinance. Jefferson County unincorporated areas have limited tree regulation. Alabama has no statewide tree removal mandate on private property. Heritage oaks across Birmingham warrant special consideration.
Mountain Brook designates Landmark Trees based on species, size, and historical significance. Birmingham informally recognizes heritage trees in historic districts. No statewide heritage tree program in Alabama. Notable trees include the Battle of Ebenezer Oaks site and mature magnolias across Mountain Brook estates. Removal requires commission approval.
Mountain Brook requires 2:1 or 3:1 replacement for permitted tree removals. Birmingham requires replacement of street trees removed during construction. Jefferson County new development typically requires canopy preservation. Approved species favor native varieties like white oak, red oak, tulip poplar, and magnolia. Fee-in-lieu available in some jurisdictions.
Alabama preempts local rent control under Ala. Code Β§11-45-9.3 (2014). No city in Jefferson County can cap rent increases. Alabama is a landlord-friendly state without just cause eviction requirements. Tenants protected by lease terms and Alabama Uniform Residential Landlord-Tenant Act (Ala. Code Β§35-9A). Market-rate pricing applies across Birmingham metro.
Birmingham requires rental property registration and annual inspection under the Rental Property Maintenance Code. Unincorporated Jefferson County has no county-wide registration. Registration fee is approximately $50 per unit annually in Birmingham.
Jefferson County follows Alabama Uniform Residential Landlord-Tenant Act (Code of Alabama Title 35, Chapter 9A). No just-cause required for month-to-month non-renewal. 7-day notice for unpaid rent, 14-day for lease violations.
Birmingham parks close at 10 PM per Park Rules. Jefferson County parks including Red Mountain Park and Ruffner Mountain Nature Preserve close at dusk. Oak Mountain State Park (Alabama State Parks) has separate rules with camping permitted. Railroad Park enforces closure from 11 PM to 5 AM. Trespass charges apply after hours.
Birmingham enforces a juvenile curfew under Code Β§11-5-1 for minors under 18: 10 PM to 6 AM Sunday-Thursday, 11 PM to 6 AM Friday-Saturday. Hoover, Bessemer, and Fairfield maintain similar ordinances. Exceptions for work, school events, emergencies, and accompanying parents. Ala. Code Β§12-15-13 provides juvenile court framework.
Jefferson County requires building and electrical permits for solar panel installations. Birmingham uses standard IBC/IRC permitting. Alabama has no statewide net metering mandate; Alabama Power offers limited buyback at avoided cost.
Alabama has NO statewide solar access law. HOAs in Jefferson County (including Hoover, Vestavia Hills, Mountain Brook) may legally restrict or prohibit solar panels through CC&Rs. This is a key difference from solar-friendly states.
Jefferson County allows political signs on private property with size limits per the zoning code. Signs prohibited in public rights-of-way. Removal required within 10 days of election. First Amendment and Reed v. Gilbert protections apply.
Jefferson County allows temporary garage sale signs up to 4 square feet on private property. Signs on utility poles or public rights-of-way prohibited. Signs must be removed within 24 hours after the sale ends.
Jefferson County permits holiday decorations on private residential property without permits. Displays must not obstruct sight lines, create fire hazards, or violate noise ordinances. HOAs may add restrictions.