Code of Alabama

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45-29-90.11
Section 45-29-90.11 Regulation of zoning, planning, and construction. For the purpose of promoting
the health, safety, morals, convenience, environment order, prosperity, and general welfare,
all power and authority regarding zoning and planning within the management area is hereby
vested in the board of directors of the authority. As described herein, no regulated activity
shall commence without the applicant having first obtained a land use certificate as issued
by the authority. (1) The board is authorized to regulate the planning, zoning, and construction
within the management area of all activity involving public streets, public roads, subdivisions,
drainage structures in subdivisions, mobile home parks, residential and commercial developments,
apartments, recreation parks, coal mining, gas/oil and methane exploration and development,
excavation, and logging. The board is hereby authorized to adopt and enforce such ordinances
as shall be necessary to implement any development...
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45-44-260.11
Section 45-44-260.11 Zoning regulations not to be retroactive. No zoning regulation adopted
by the planning commission and county commission shall change any use to which land is being
made at the time the zoning regulations became applicable to any beat. (Act 2001-562, p. 1133,
§ 12.)...
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45-2-261.06
Section 45-2-261.06 Purposes and view. In preparation of the proposed master plan and planning
and zoning ordinances and regulations, the planning commission shall make careful and comprehensive
studies and surveys of the present conditions existing within unincorporated areas with due
regard to existing agricultural uses, to land by virtue of its availability, proximity to
water supplies, and other geographical features as particularly suited to agricultural uses,
to neighboring municipalities, towns and villages, to growth of subdivisions, to the general
population, to growth of the resort areas in the county, and make adequate provisions for
traffic, recreational areas, and industries and other public requirements. The comprehensive
plan, development and zoning ordinances, and regulations shall 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...
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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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45-49-261.05
Section 45-49-261.05 Purposes and view. In preparation of the proposed master plan and planning
and zoning ordinances and regulations, the planning commission shall make careful and comprehensive
studies and surveys of the present conditions existing within unincorporated areas with due
regard to existing agricultural uses, to land by virtue of its availability, proximity to
water supplies, and other geographical features as particularly suited to agricultural uses,
to neighboring municipalities, towns, and villages, to growth of subdivisions, to the general
population, to growth of the resort areas in the county, and make adequate provisions for
traffic, recreational areas, and industries and other public requirements. The comprehensive
plan, development and zoning ordinances, and regulations shall 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...
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45-44-260.05
Section 45-44-260.05 Powers and duties of planning commission. It shall be the function and
duty of the planning commission to make and maintain in an up-to-date manner a master plan
of various areas of the county as deemed necessary by the planning commission and to adopt
with the approval of the county commission appropriate zoning regulations for the physical
development of Macon County; provided, however, that the adoption of a master plan shall not
be deemed a prerequisite to the administration and enforcement of the zoning regulations.
The plan and regulations with the accompanying maps, plats, charts, and descriptive material
shall show the planning commission's recommendations for the use and development of the territory
of the county. The zoning regulations shall also include a zoning plan for selected areas
for the control of the height, area, bulk, location, and use of buildings and land. As the
whole master plan and preparation of zoning regulations progresses, the planning...
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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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45-49-261.14
Section 45-49-261.14 Zoning ordinances and regulations not retroactive. No zoning ordinance
or regulation promulgated by the Mobile County Commission under the authority of this part
shall change any use to which land is being made at the time the zoning ordinance or regulation
becomes applicable to any planning jurisdiction. (Act 2009-782, p. 2456, §15.)...
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11-52-33
Section 11-52-33 Remedies and penalty for transfer, sale, etc., of lands in subdivision prior
to approval of plat. (a) Where the regulation of a subdivision development is the responsibility
of the municipal planning commission, if the owner or agent of the owner of any land located
within a subdivision conveys, transfers, or sells any land by reference to or exhibition of
or by other use of a plat of a subdivision before the plat has been approved by the appropriate
commission, department, or agency of any municipality requiring such approval and recorded
or filed in the office of the appropriate county probate office, the owner or agent shall
forfeit and pay a penalty of one hundred dollars ($100) for each lot or parcel so transferred
and the description of the lot or parcel by metes and bounds in the instrument of transfer
or other document used in the process of selling or transferring shall not exempt the transaction
from the penalties or from the remedies provided in this...
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11-52-79
Section 11-52-79 Zoning commission. In availing itself of the powers conferred by this article,
the legislative body of any incorporated city or town may appoint a commission, to be known
as the zoning commission, to recommend the boundaries of the various original districts and
appropriate regulations to be enforced therein. Such commission shall make a preliminary report
and hold a public hearing thereon before submitting its final report. In case of the appointment
of such zoning commission, the municipal legislative body shall not hold its public hearings
or take action until it has received the final report of such commission. Where a municipal
planning commission already exists, it may be appointed as the "zoning commission."
(Acts 1935, No. 533, p. 1121; Code 1940, T. 37, §780.)...
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