HB605

ENROLLED, An Act,

Relating to Baldwin County; to provide for the establishment of the Fort Morgan Planning and Zoning Advisory Committee and providing for notification of proposed changes related to planning and zoning within the Fort Morgan Planning and Zoning District 25.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. (a) This act shall apply only in Baldwin County.

(b) Any reference in this act to Act 91-719 of the 1991 Regular Session Acts 1991, p. 1389), refers to Act 91-719, as amended, and now appearing as Sections 45-2-261 to 45-2-261.18, Code of Alabama 1975.

Section 2. (a) The establishment of the Baldwin County Planning and Zoning District 25 as established by the Baldwin County Commission pursuant to Act 91-719 of the 1991 Regular Session (Acts 1991, p. 1389), as amended, hereinafter referred to as the Fort Morgan Zoning District, as that zoning district was adopted and in effect on July 1, 2014, is ratified and confirmed subject to the provisions of this section. This area is generally described as follows: Beginning at the Western most tip of Fort Morgan; thence meandering Eastwardly along the shoreline of Gulf of Mexico to the East section line of Section 28; run thence Northwardly to the Southern Shoreline of Bon Secour Bay; meandering Westwardly along the shoreline to the point of beginning. The Fort Morgan Zoning District shall include all property that was deannexed from the City of Gulf Shores as a result of the Alabama Supreme Court decision in Fort Morgan Civic Association, Inc., and Charles H. Browdy v. City of Gulf Shores (Ala. Supreme Court No. 1101440, February 28, 2014) and the property shall be zoned in the same manner as prior to annexation into the City of Gulf Shores as of April 1, 2003. In addition, any parts of the Baldwin County zoning map as of April 1, 2003, any zoning ordinances or regulations, and any existing exceptions or variances granted and approved pursuant to Act 91-719, adopted or applicable to the Fort Morgan Zoning District are ratified and confirmed and adopted by reference and expressly made applicable to Fort Morgan Zoning District.

(b) For the purposes of this act, the Fort Morgan Zoning District is adopted by reference as the Fort Morgan Planning and Zoning Advisory District.

Section 3. (a) There is established the Fort Morgan Planning and Zoning Advisory Committee, hereinafter referred to as the planning and zoning advisory committee, to be composed of the following members: Two members appointed by the Baldwin County Commission from a list of not less than four nominations by the Fort Morgan Civic Association, Inc.; and three members appointed by the Fort Morgan Civic Association, Inc. All members shall be residents and registered voters in the Fort Morgan District. All members shall serve a term of four years and may be reappointed to succeeding terms. Members shall serve until a replacement is appointed and qualified. Any vacancy on the committee shall be filled by the original appointing authority. Members shall serve without compensation, but may be reimbursed for expenses in the performance of their duties by the county. A member may be removed for cause by his or her original appointing authority.

In addition, the committee shall include the following nonvoting ex-officio members:

(1) The Mayor of Gulf Shores, or his or her designee.

(2) The member of the House of Representatives of the State Legislature representing all or a majority of the district.

(3) The member of the Baldwin County Commission whose district includes all or a majority of the district.

(b) The planning and zoning advisory committee shall adopt bylaws to administer this act. The planning and zoning advisory committee shall select a chair and may create other offices. The term of the chair shall be two years with eligibility for reelection. The planning and zoning advisory committee shall hold one regular meeting each six months or upon call of the chair and shall keep a record of its actions, all of which shall be a public record. The planning and zoning advisory committee shall be subject to the Alabama Open Meetings Act and other requirements of this act. A majority of the members shall constitute a quorum.

(c) The purpose of the planning and zoning advisory committee shall be to make recommendation to the Baldwin County Planning and Zoning Commission concerning any proposed changes to zoning ordinances or regulations or the master plan, or variances thereto, related to the Fort Morgan Zoning District.

Section 4. After the effective date of this act, the Fort Morgan Planning and Zoning Advisory Committee shall be notified in writing by the Baldwin County Planning and Zoning Commission not less than 10 days prior to consideration of any proposal to adopt any amendments or changes to any zoning ordinances or regulations or the master plan, including any variances thereto, previously adopted by the Baldwin County Commission pursuant to Act 91-719 applicable in the Fort Morgan Zoning District. In addition, the Advisory Committee shall be notified in writing by any municipality of any proposed annexation of any portion of the Fort Morgan Zoning District.

Section 5. The Baldwin County Commission shall enforce this act in the same manner as provided in Section 16 of Act 91-719, and, in performing its functions related to planning and zoning, the Baldwin County Planning and Zoning Commission and the Baldwin County Commission shall specifically consider the historical nature of existing development within the Fort Morgan District, the historical and environmental character of the district, and the unique needs of the district related to hurricane safety and infrastructure for potential evacuation.

Section 6. This act shall repeal and supersede Act 91-719, as amended, to the extent of any conflict herein and as expressly provided herein related only to the Twenty-fifth Zoning District established under Act 91-719 and as referred in this act as the Fort Morgan Zoning District.

Section 7. This act shall not be interpreted to affect the enforcement of building codes, the planning jurisdiction of the City of Gulf Shores as provided in the Baldwin County zoning maps of April 1, 2003, or of approval of subdivisions by the Baldwin County Commission.

Section 8. This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.

Baldwin County

Planning and Zoning

Counties

Property, Real and Personal

Fort Morgan