Redeemers Neighbors: R1 Residential Districts, SLUPs, and Churches

Friday, September 2, 2011

R1 Residential Districts, SLUPs, and Churches

Article 2.05 of the Birmingham Zoning Ordinance defines permitted and other uses of property in the R1 district, and you can see that churches are are included under Uses Requiring a Special Land Use Permit (SLUP) . Since the Lutheran Church of the Redeemer sits on land zoned R1 residential, they require a SLUP, which they received in 1991, and have amended in 1995, 2005, and 2009. The SLUP’s in their entirety are posted to this blog.
Section 7.37 (A)(3) of the Birmingham Zoning Ordinance states

“The City Commission may impose … conditions to ensure compatibility with adjacent uses of land and to promote the use of land in a socially and economically desirable manner.”

Section 7.37 (B)(1) of the Birmingham Zoning Ordinance states

Conditions imposed by the City Commission shall … be designed to protect natural resources, the health, safety and welfare, as well as the social and economic well-being of those who will use the land use under consideration, residents and landowners immediately adjacent to the proposed land use, and the community as a whole.

It is our opinion that significant activities of Lutheran Church of the Redeemer fail to meet the conditions stated in the zoning ordinance. Further, the original SLUP and each of its amendments contain specific conditions for approval, which the Church is failing to meet. These are discussed in a separate blog posting.

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Welcome!

Hello, my name is Patrick Hillberg, my wife Josie and I live on Fairview, and our property backs to the Lutheran Church of the Redeemer.

Since the recent construction, the Church's impact on the neighborhood has changed. The church is in a residential district, but its day-to-day activities are that of a commercial enterprise. Their lights are obtrusive, the noises are loud, and they are providing retail services.

A Birmingham church in a residentially zoned district requires a Special Land Use Permit (SLUP). The Church has a SLUP, has amended it several times, and has agreed to a number of conditions. However, they are not fulfilling their commitments, and are violating city ordinances.

We must insist that the City enforce its ordinances on the Church. Further, these issues extend beyond the Lutheran Church of the Redeemer to other places of worship in our neighborhood. This past week, a homeowner on Lakeside petitioned the Birmingham Planning Committee to modify their residential home into a place of worship with 21 parking spots, and enough room to seat 250 people.

What do you think? We would like to get your feedback, and make this an issue for discussion in the upcoming election for City Commission. I look forward to your comments.