Code of Alabama

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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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45-2-261.18
Section 45-2-261.18 Zoning ordinances and regulations not retroactive. No zoning ordinance
or regulation promulgated by the Baldwin County Commission under the authority of this subpart
shall change any use to which land is being made at the time the zoning ordinance or regulation
becomes applicable to any district. (Act 91-719, p. 1389, §20; Act 98-665, p. 1455, §1.)...

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45-2-261.02
Section 45-2-261.02 Jurisdiction of the planning commission. The jurisdiction of the planning
commission for planning and zoning by district pursuant to Section 45-2-261.07 shall apply
to all unincorporated areas of Baldwin County. 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. Provided further, that any owner of record of real property upon
the date of the adoption by the Baldwin County Commission of the zoning ordinance for the
district in which the property is located shall automatically obtain a variance, if needed,
for a single family dwelling notwithstanding the type of dwelling to be placed or constructed
on the property. Notwithstanding any provisions, rules, or regulations to the contrary, no
application called for or required by the ordinances and zoning regulations promulgated hereunder
may be rejected solely on the grounds that the applicant is not the...
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45-2-180.01
Section 45-2-180.01 Regulation of billboards in unincorporated areas; enforcement; variances;
appeals. (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. Within the planning jurisdiction of a municipality
that regulates billboards, the county commission shall regulate and shall have exclusive authority
to regulate billboards which regulation and enforcement shall be no less stringent than the
regulation of billboards by municipal ordinance within the corporate limits of the municipality.
The regulations shall be adopted by resolution or ordinance of the county commission at a
regularly scheduled meeting of the commission. Any resolution or ordinance adopted pursuant
to this section shall have standards as to distance between...
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45-2-262
Section 45-2-262 Regulation of wind generated energy production facilities or equipment in
unincorporated areas. (a) This section shall apply within all unincorporated areas of Baldwin
County. (b) The county commission shall have zoning authority and the power to establish and
adopt ordinances, resolutions, rules, regulations, and procedures to regulate the permitting,
construction, placement, and operation of wind turbines, windmills, wind farms, and any other
wind-generated energy production facilities or equipment operated, in whole or in part, by
wind, sometimes referred to collectively as "wind-generated energy production facilities,"
also including, but not limited to, regulations regarding the size, location, and noise generated
by wind-generated energy production facilities. The regulations shall be adopted by ordinance
or resolution of the county commission at a regularly scheduled meeting of the commission.
(c) The county commission shall have zoning authority and the power...
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11-52-32
Section 11-52-32 Approval or disapproval of plat generally; legal effect of approval; powers
of planning commission as to subdivision zoning; approval or disapproval of plat in certain
cities. (a) Except where the development of a subdivision within the territorial jurisdiction
of a municipal planning commission is regulated by the county commission pursuant to Section
11-52-30, the municipal planning commission shall approve or disapprove a plat within 30 days
after the submission thereof to it; otherwise, the plat shall be deemed to have been approved,
and a certificate to that effect shall be issued by the municipal planning commission on demand;
provided, however, that the applicant for the municipal planning commission's approval may
waive this requirement and consent to an extension of such period. The ground of disapproval
of any plat shall be stated upon the records of the municipal planning commission. Any plat
submitted to the municipal planning commission shall contain the...
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22-28-23
Section 22-28-23 Local air pollution control programs. (a) Except as provided in this section,
it is the intention of this chapter to occupy by preemption the field of air pollution control
within all areas of the State of Alabama. However, nothing in this section shall be construed
to limit or abrogate any private remedies now available to any person for the alleviation,
abatement, control, correction, or prevention of air pollution or restitution for damage resulting
therefrom. (b) Subject to the provisions of this section, each municipal governing body which
had municipal ordinances in effect on, or before, July 1, 1969, which pertain to air pollution
control and which provide for the creation and establishment of an air pollution control board
and each county board of health shall have the authority to establish, and thereafter administer,
within their jurisdictions, a local air pollution control program which: (1) Provides, subject
to subsection (d) of this section, by ordinance,...
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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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45-2-261.17
Section 45-2-261.17 Construction with other laws. The authority of the Baldwin County Commission
under this subpart shall not conflict with present or future regulations or policies of the
Alabama Department of Health. Except as expressly set forth in this subpart, no provision
of this subpart shall infringe upon the existing authority of the Baldwin County Commission
to regulate the development of subdivisions under Section 45-2-260.01, and any amendments
thereto, or any additional power or authority granted to the Baldwin County Commission by
local legislative act. Notwithstanding any authority otherwise conferred by this subpart or
any local act applicable to Baldwin County, after June 15, 1973, once a subdivision has been
approved in accordance with the subdivision regulations applicable to the subdivision at the
time of approval, the Baldwin County Commission and the Baldwin County Planning Commission
shall have no authority to impose, by amendment to any subdivision regulations,...
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45-49-261.07
Section 45-49-261.07 Board of adjustment. The Mobile County Commission shall provide for the
appointment of a board of adjustment and the regulations and ordinances adopted pursuant to
the authority of this part shall provide that the board 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. The board of adjustment shall
be appointed by the Mobile County Commission. The board of adjustment shall consist of three
members who shall be qualified electors of the planning jurisdiction. The board of adjustment
shall reflect as nearly as practical the diversity of land use in the areas within the jurisdiction
of the commission. No more than one of the members of the board of adjustment shall be directly
engaged in real estate sales, development, or construction...
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