Code of Alabama

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45-49-261.16
Section 45-49-261.16 Construction setbacks. (a) The Mobile County Commission, through the county
planning and zoning commission, shall regulate the construction setback from the centerline
of any state or county public road or highway located within the jurisdiction of the commission.
(b) The provisions of this section do not apply to poles, facilities, structures, water, gas,
sewer, electric, telephone, billboards, or utility lines or other facilities of public utilities.
(c) The construction setback from any state or county public road or highway shall vary according
to the highway functional classifications submitted by the Mobile County Commission and approved
by the Federal Highway Administration for Mobile County. (d) The functional classifications
and the construction setbacks required for each classification are established as follows:
(1) Principal arterials require a 125 foot setback from the centerline of the right-of-way.
(2) Minor arterials require a 100 foot setback from...
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45-2-261.03
Section 45-2-261.03 Preparation of master plan. In availing itself of the powers conferred
by this subpart, the Baldwin County Commission shall appoint the planning commission to make
and maintain in an up-to-date manner, a master plan for the physical development of the unincorporated
areas of Baldwin County. The master plan with the accompanying maps, plats, charts, and descriptive
material shall show the planning commission's recommendations for the use and development
of the unincorporated areas of Baldwin County. The planning commission shall make a preliminary
report and hold a public hearing thereon. The master plan recommended thereunder shall be
presented in a final report to the Baldwin County Commission. The Baldwin County Commission
shall not hold a public hearing and take action until it has received the final report of
the planning commission. After a public hearing by the Baldwin County Commission, the master
plan may be approved or amended by the Baldwin County...
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45-2-261.10
Section 45-2-261.10 Boards of adjustment. (a) The Baldwin County Commission shall appoint two
members to the boards of adjustment, and the regulations and ordinances adopted pursuant to
the authority of this subpart shall provide that the boards of adjustment, in appropriate
cases and subject to appropriate conditions and safeguards, may make special exceptions to
the terms of the ordinances and regulations in harmony with their general purposes and interests
and in accordance with general or specific rules therein contained. (b) Board of Adjustment
Number One shall serve western, central, and northern Baldwin County and shall include Planning
Districts 4, 10, 12, 15, 16, 28, and 31. Board of Adjustment Number Two shall serve southern
Baldwin County and shall include Planning Districts 20, 21, 22, 23, 24, 25, 29, 30, 32, and
33. If the majority of qualified electors voting in an election in a territory that is not
in a planning district on August 1, 2020, vote to come within the...
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45-2-261.64
Section 45-2-261.64 Enforcement and administration of subpart. The Baldwin County Commission
shall enforce this subpart 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. (Act 2015-411, §5.)...
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45-2-261.05
Section 45-2-261.05 Planning districts and authority. The Baldwin County Commission shall divide
the unincorporated areas of Baldwin County into planning districts. Prior to submission of
a written petition to hold an election pursuant to Section 45-2-261.07, the planning districts
may be altered as necessary by the Baldwin County Commission to effect the provisions of this
subpart. In establishing the boundaries of the planning districts, the Baldwin County Commission
may consider, but not be limited to, the natural geography of the county, identifiable landmarks,
both natural and man-made, current land use patterns, areas of historical significance, natural
resources, convenience of holding elections within a planning district, administrative convenience,
projected land use, population density, population growth, and common community interests.
(Act 91-719, p. 1389, §6; Act 98-665, p. 1455, §1.)...
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45-2-261.07
Section 45-2-261.07 Procedure for exercising jurisdiction in each district. The Baldwin County
Commission shall not exercise its planning and zoning powers and jurisdiction in any district
established hereunder until the majority of the qualified electors of the district voting
in an election shall have voted their desire to come within the planning and zoning authority
of the Baldwin County Commission. The election shall be held if 10 percent of the qualified
electors in any district submit a written petition to the county commission expressing a desire
to be subject to the planning and zoning jurisdiction of the Baldwin County Commission under
authority of this subpart. For the purposes of the establishment of districts after June 1,
2010, a district shall correspond to a voting precinct or precincts in the county unless the
county governing body determines that the use of voting precinct boundaries is not feasible.
A party or parties seeking to file a petition shall notify the...
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45-2-141
Section 45-2-141 Protection of forests; costs. (a) The County Commission of Baldwin County
is authorized, when the need exists, to provide for the protection of forests from fire, insects,
disease, beavers, and other pests in Baldwin County by participating in the Alabama Forestry
Commission's forest protection program in the manner hereinafter specified. (b)(1) After the
Baldwin County Commission has determined that such a need does exist in Baldwin County, the
county commission may, in the manner hereinafter specified, provide for a finance charge to
be paid by the owners of forest lands located in Baldwin County for the use of the land for
timber growing purposes amounting to the whole or any part of the cost of such forest protection
program, but not in excess of ten cents ($.10) per acre, provided such finance charge is not
greater than the benefit accruing to such forest lands due to availability of such forest
protection as specified in subsection (a). (2) "Forest lands" as used...
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45-2-84.17
Section 45-2-84.17 Implementation by resolution; allocation of funds; personnel; probation
officers. (a) The Baldwin County Commission may by resolution implement this part. The Baldwin
County Commission upon passing a resolution to implement this part shall by the terms of the
same resolution or by separate resolution provide for the method of operation of the part
in accordance with terms set forth in Section 45-2-84.01. Upon implementation of this part
by the Baldwin County Commission, the Baldwin County Pretrial Release and Community Corrections
Board shall be deemed established. (b) The Baldwin County Commission, upon implementation
of this part, may allocate funds to the Baldwin County Community Corrections Fund, as it deems
necessary for the implementation, operation, and expansion of the Baldwin County Community
Corrections Center and programs established pursuant to this part. In allocating funds to
the Baldwin County Community Corrections Fund, the Baldwin County Commission...
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45-2-180
Section 45-2-180 Regulation of billboards along the Foley Beach Express. (a) This section shall
apply only within the unincorporated areas of Baldwin County. (b)(1) In the unincorporated
areas of Baldwin County, the county commission may regulate and shall have exclusive zoning
authority to regulate billboards, including, but not limited to, the size and location of
any billboards, outside of the corporate limits of any municipality along the Foley Beach
Express, otherwise known as the Eastern Corridor. (2) This section is supplemental to Division
3 of Article 9 of Chapter 1 of Title 23. (Act 2000-429, p. 790, §§1, 2.)...
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45-2-243.82
Section 45-2-243.82 Limitations on impact fees; governmental infrastructure outside corporate
limits of municipality. (a) Unless otherwise specifically authorized by state law or this
subpart, the Baldwin County Commission or a municipality in the county may not enact or impose
an impact fee. (b) Municipalities may enact or impose impact fees only on land within their
corporate limits by complying with this subpart. The Baldwin County Commission may enact or
impose impact fees only on land outside of the corporate limits of a municipality by complying
with this subpart. (c) A municipality may contract with the Baldwin County Commission to provide
governmental infrastructure, except roadway facilities, to an area outside its corporate limits.
(Act 2006-300, p. 622, §3.)...
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