32-5A-191
Section 32-5A-191 (Effective until July 1, 2023) Driving while under influence of alcohol,
controlled substances, etc. (a) A person shall not drive or be in actual physical control
of any vehicle while: (1) There is 0.08 percent or more by weight of alcohol in his or her
blood; (2) Under the influence of alcohol; (3) Under the influence of a controlled substance
to a degree which renders him or her incapable of safely driving; (4) Under the combined influence
of alcohol and a controlled substance to a degree which renders him or her incapable of safely
driving; or (5) Under the influence of any substance which impairs the mental or physical
faculties of such person to a degree which renders him or her incapable of safely driving.
(b) A person who is under the age of 21 years shall not drive or be in actual physical control
of any vehicle if there is 0.02 percent or more by weight of alcohol in his or her blood.
The Alabama State Law Enforcement Agency shall suspend or revoke the...
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45-2-261.09
Section 45-2-261.09 Assessment of uniform zoning fee. The county commission may levy upon the
owner of any real property located within any planning district in which a majority of the
qualified electors have voted in the affirmative in an election described in Section 45-2-261.07,
a uniform zoning fee not in excess of ten dollars ($10) per parcel of real property per year.
Upon the levy the Tax Assessor of Baldwin County shall assess the uniform zoning fee on the
real property subject to the uniform zoning fee within the planning district. The assessment
shall be collected by the Tax Collector of Baldwin County on annual ad valorem tax bills and
non-payment of the assessment shall constitute a lien on the assessed property. The uniform
zoning fee shall not be assessed for more than two years. The Tax Collector of Baldwin County
shall collect the fee and the proceeds therefrom shall be deposited in the General Fund of
Baldwin County to be expended exclusively for the purpose of...
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45-49-261.06
Section 45-49-261.06 Procedures for exercising planning and zoning powers. The Mobile County
Commission shall not exercise its planning and zoning powers established hereunder until the
majority of the qualified electors in the proposed planning jurisdiction shall have voted
their desire to come within the planning and zoning authority of the Mobile County Commission.
The election shall be held if 10 percent of the qualified electors in the planning jurisdiction
submit a written petition to the county commission expressing a desire to be subject to the
planning and zoning jurisdiction of the Mobile County Commission under authority of this part
or upon a resolution of the county commission. The county commission and the Judge of Probate
of Mobile County shall certify or reject the accuracy of the petition no later than 45 days
after receiving the petition, or in the case of an election to be held by resolution of the
county commission, the county commission shall certify the adoption...
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45-49-261.01
Section 45-49-261.01 Creation; jurisdiction; powers and duties. (a) There is created a planning
and zoning commission for Mobile County which commission shall be appointed as provided and
shall have responsibilities and duties as stated in this part. The commission shall be known
as the North Mobile County Planning and Zoning Commission hereinafter referred to as the planning
commission. (b) The jurisdiction of the planning commission for planning and zoning pursuant
to this part shall be adjacent lands located within one-quarter mile on either side of intersecting
U.S. Highway 43 in Mobile County not located in the corporate limits of any municipality.
(c) The planning commission shall not have authority over removal of natural resources growing
on, placed on, or naturally existing on or under private lands or properties. Undeveloped
land or land zoned or used for agricultural purposes or timber growing may automatically remain
classified and assessed for the same use or may be...
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11-19-18
Section 11-19-18 Procedure for preparation, adoption, amendment, etc., of zoning ordinance
and map. (a) The planning commission shall have the duty of preparing a zoning plan, including
both the written provisions of the ordinance and a map or maps showing the district boundaries.
The commission may hold such public hearings as it deems necessary concerning the zoning ordinance.
It shall certify the zoning ordinance and map to the county commission. On receipt of a zoning
ordinance and map from the county planning commission, the county commission shall hold a
public hearing thereon, after which it may adopt the zoning ordinance and map as recommended,
adopt it with modifications, or reject it. (b) The zoning ordinance, including the map or
maps, may from time to time be amended, supplemented, changed, modified, or repealed. No amendment
shall become effective unless it first is submitted to the county planning commission for
its recommendations; failure of the county planning...
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45-44-260.06
Section 45-44-260.06 Master plan and zoning regulations. (a) In the preparation of the master
plan and zoning regulations, the planning commission shall make careful and comprehensive
surveys and studies of the present conditions existing within the county. It shall give due
regard to existing agricultural uses to land by virtue of its fertility, proximity to water
supplies, and other geographical features particularly suited to agricultural uses. It shall
also give due consideration to neighboring municipalities, towns, and villages, to the growth
of subdivisions, to the general population growth of the county, and make adequate provision
for traffic, recreational areas and industry, and other public requirements. (b) The master
plan and zoning regulations should be made with the general purpose of guiding and accomplishing
a coordinated, adjusted, and harmonious development of the county. The regulations shall be
made, in accordance with present and future needs, to best promote...
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4-6-4
Section 4-6-4 Authority of counties and municipalities to adopt regulations; zoning jurisdiction
of counties and municipalities. (a) Counties. - In order to prevent the creation or establishment
of airport hazards, any county having an airport hazard area within its zoning jurisdiction,
as hereinafter defined, may adopt, administer and enforce, under the police power and in the
manner and upon the conditions hereinafter prescribed, airport zoning regulations for such
airport hazard area, which regulations may divide such area into zones, and within such zones
specify the land uses permitted and regulate and restrict the height to which structures and
trees may be erected or allowed to grow. The zoning jurisdiction of the county is hereby declared
to be all unincorporated areas in the county, except within the police jurisdiction of any
municipality and the area within two miles of an airport owned or operated by a municipality
when said municipality exercises or declares its intention...
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45-2-261.08
Section 45-2-261.08 Appointment of advisory committees. In each district wherein the qualified
electors vote to become subject to the planning and zoning authority of the Baldwin County
Commission as provided in Section 45-2-261.07, the Baldwin County Commission shall appoint
an advisory committee from that district to work with and assist the planning commission in
formulating and developing regulations, ordinances, and zoning measures for the district.
Each advisory committee shall consist of five members who shall be qualified electors of the
district and who shall reflect as nearly as practical the diversity of land use in a district.
The members of each district advisory committee shall elect a chair. Upon the adoption of
zoning ordinances and regulations for the district by the Baldwin County Commission pursuant
to the terms of this subpart, the services of the district advisory committee shall terminate
and the committee shall be abolished. In any district which is contiguous to...
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45-41-260.06
Section 45-41-260.06 Purposes to be kept in view. In the preparation of the master plan and
zoning regulations, the commission shall make careful and comprehensive surveys and studies
of the present conditions existing within the county with due regard to existing agricultural
uses, to land by virtue of its fertility, proximity to water supplies, and other geographical
features particularly suited to agricultural uses, to neighboring municipalities, towns, and
villages, to the growth of subdivisions, to the general population growth of the county, and
make adequate provision for traffic, recreational areas, and industry, and other public requirements.
The plan and zoning regulations should be made with the general purpose of guiding and accomplishing
a coordinated, adjusted, and harmonious development of the county, which will, in accordance
with present and future needs, best promote health, safety, morals, order, convenience, prosperity,
and general welfare, as well as efficiency and...
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45-44-260.07
Section 45-44-260.07 Election for coverage. Except where jurisdiction has been obtained by
the planning commission pursuant to Section 45-44-260.02, the master plan and zoning regulations
provided by the planning commission shall not be applicable in any beat of Macon County until
the majority of the qualified electors of the beat voting in a special election have signified
by their vote that they desire the authority of the planning commission, its master plan,
and the zoning regulations to apply in their beat. The election must be held not less than
30 or more than 45 days after a petition seeking the election is filed in the office of the
judge of probate. The petition shall be signed by at least 25 percent of the electors who
reside within the beat and who own real estate located within the beat. Notice of the election
shall be given by three weeks' publication and posting notice in two public places within
the beat. The cost of the election shall be paid from the general fund of...
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