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Birmingham commission directs planning board to draft STR ordinance as moratorium remains; full ban motion withdrawn
Summary
After a weekend pool‑party incident, the commission and planning board debated short‑term rentals: commissioners signaled they do not want STRs in single‑family zones, directed the planning board to draft legally vetted language, and an immediate ban motion was withdrawn after the city attorney said the moratorium and notice requirements prevented action at the workshop meeting.
The Birmingham City Commission and Planning Board on Monday furthered work on short‑term‑rental (STR) policy, directing the planning board to translate community input and legal guidance into ordinance language while a 180‑day moratorium on new licenses remains in effect.
Planning Director Nicholas Dupuy summarized recent work on STR research and said staff and the planning board were developing findings and potential ordinance language for the commission. "What we're doing is... spending a lot of time on developing our findings so that we can be on very stable ground," Dupuy said.
Planning Board Chair Scott Klein said the board intends to add clearer definitions for short‑, mid‑ and long‑term rentals and to fold occupancy and parking rules into the zoning code so rules are consolidated. "We're likely going to define short term rentals as you have already discussed... and define midterm and long term rentals," Klein said, noting the need to coordinate with the city attorney on what the city can legally restrict in mixed‑use and commercial districts.
Commissioners debated whether to ban STRs in residential zoning areas and whether to allow them in commercial or mixed‑use districts. Commissioner Host moved to "eliminate short term rentals under 30 days in all residential zoning areas effective immediately with the one exception of owner occupied while operating the short term rental." The motion was seconded, debated and then withdrawn after the city attorney advised that the moratorium, notice rules and prior actions made immediate action inappropriate at the joint/workshop meeting.
The city attorney explained that the commission previously adopted a moratorium on new STR licenses and that rescinding or amending that moratorium would require public notice and possibly a supermajority; commissioners agreed to follow that schedule rather than attempt immediate action.
Public comment on STRs included owners and hosts who said owner‑occupied rentals are often vetted and beneficial to the local economy. "I've been an Airbnb host for 11 years... I have paid over $1,400 to the city in permits. I have never had a violation," said Julie Bergerson during public comment, noting families and longer‑stay visitors among her guests. Other residents argued enforcement gaps and recent violent incidents elsewhere justify a strict approach.
Staff and commissioners clarified that existing STR licenses would remain valid until their current expiration dates (staff cited April 15, 2027 as a date some licenses extend to) and that the planning board would return ordinance recommendations and legally reviewed language during the moratorium period. Commissioners asked the planning board to prioritize enforceable measures (for example, minimum‑stay rules, clear host‑presence definitions and platform cooperation) and to provide written legal guidance about what can be restricted in mixed‑use and commercial districts.
No final ordinance was adopted at the meeting; the planning board will continue work with the city attorney and return recommended language to the commission for a noticed vote.
