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BZA denies variance to place standby generator in side yard at 309 Arlington
Summary
The Board of Zoning Appeals denied a request to install a standby generator in the side yard at 309 Arlington, citing the city ordinance and fire-department guidance that limit generators to rear open space. The applicant said conduits and a gas stub had been installed during house construction and that substantial landscaping was placed based on
The Birmingham Board of Zoning Appeals denied a variance request to place a standby generator in the side yard at 309 Arlington, concluding the request conflicted with the city’s ordinance and fire safety guidance.
City staff presented the ordinance citation (Chapter 126, Article 4, Section 4.3.m.1) and advised that standby generators must be placed in the rear open space at locations at least 5 feet from any principal or accessory building with habitable space. The applicant’s team said electrical conduit and a gas stub were installed during construction and that an electrical inspection for the conduits was completed and received a green tag; however, the city said no generator permit was issued before a subsequent change in the ordinance and that the generator permit was pulled after the ordinance change.
Applicant representatives told the board they had invested in landscaping and that moving the generator to a rear-yard location would require cutting mature plantings and additional excavation, including a boring pit for directional drilling to relocate utilities. The applicant said underground conduit and gas stub were inspected and approved but that there was never a completed generator permit prior to the ordinance change.
Several board members cited public-safety guidance from the fire marshal and manufacturer specifications about minimum clearances and carbon-monoxide risk. One board member moved to deny the request, noting that the fire department and manufacturer recommendations were safety-based and cautioning against assuming liability by granting an exception. The motion to deny carried on roll-call vote.
The board’s decision leaves the applicant to pursue installation in a location that meets the ordinance requirements or to seek alternative approvals from the city; the board did not direct staff to take further action beyond the denial. The ordinance cited at the hearing was Chapter 126, Article 4, Section 4.3.m.1.
