45-49-261.03
Section 45-49-261.03 Preparation and maintenance of master plan. In availing itself of the
powers conferred by this part, the Mobile 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 within the jurisdiction of the planning commission. The master plan
with the accompanying maps, plats, charts, and descriptive material shall show the recommendations
of the planning commission for the use and development of the unincorporated areas within
the jurisdiction of the planning commission. 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 Mobile County Commission. The Mobile 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 Mobile County...
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11-19-17
Section 11-19-17 Manner in which territory zoned. For the purpose of providing for the division
of the territory into districts, consonant with the conditions provided in this section, the
county planning commission may make and certify to the county commission a single zoning plan
for all the territory of the area which lies within the jurisdiction of the county planning
commission or may make and certify separate and successive zoning plans for parts of the flood-prone
area for which technical information is available or which for other reasons it deems to have
appropriate territorial unity for a zoning plan, and correspondingly any zoning ordinance
or resolution enacted by the county commission may cover and include the whole territory lying
within its jurisdiction or such territory as the county commission deems to be an appropriate
territorial unit for a zoning plan; provided, that no resolution governing more or less than
the entire area shall be enacted or put into effect until...
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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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45-44-260.11
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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45-49-260
Section 45-49-260 Qualifications and requirements for members of boards, commissions, etc.
(a) Any law to the contrary notwithstanding, any person, regardless of profession, may be
duly appointed to and serve on any Mobile County board, commission, or other public entity
dealing with the planning, zoning, or subdivision of real estate in Mobile County, and on
any municipal board, commission, or other public entity dealing with the planning, zoning,
or subdivision of real estate within a municipality located in Mobile County. (b) No member
of any county or municipal agency, board, or commission shall vote on or participate in any
matters in which the member or immediate family of the member has any financial gain or interest
in the outcome of the vote. (c) Members engaged in the real estate or development business
shall not comprise more than one-third of the board. (d) The operation of this section shall
be retroactive to January 1, 1973.) (Act 92-461, p. 925, §§ 1-4....
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45-49-261.02
Section 45-49-261.02 Composition. The planning commission shall be composed of a minimum of
eight members who shall be qualified electors or property owners from the unincorporated areas
within the jurisdiction of the commission. In the event of any vacancy on the planning commission,
such vacancy shall be filled by appointment of the Mobile County Commission. The Mobile County
Commission may remove any member for cause upon written charges and after a public hearing.
All members shall serve without compensation, and no member shall be a county officer or employee.
Reasonable and necessary expenses of the members of the planning commission shall be paid
from the General Fund of Mobile County. (Act 2009-782, p. 2456, §3.)...
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45-41-260.09
Section 45-41-260.09 Zoning; grant of power. For the purpose of promoting the health, safety,
morals, convenience, order, prosperity, and general welfare of the county, the commission,
with the approval of the county commission, may divide the portion of the county within its
zoning jurisdiction into districts of the number, shape, and area as may be found best suited
to carry out the purposes of this article, and to provide within the districts for standards
relating to the use of the land and the types and kinds of structures that may be erected
in the districts, and all home remodeling or modification in the districts. The provision
shall be made in accordance with a comprehensive plan for the area involved and shall be designed
to lessen congestion in the streets and highways; to secure safety from fire, flood, panic,
and other dangers; to provide for health and the general welfare; to provide adequate light
and air; to prevent the overcrowding of land; to avoid undue mixed use of...
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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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45-49-91.18
Section 45-49-91.18 Appeals to Mobile County Commission. (a) Appeals to the Mobile County Commission
may be taken by any aggrieved person. The appeal shall be taken as provided by the rules of
the board and within the time period prescribed by its rules, by filing notice of appeal specifying
the grounds thereof with the board from whom the appeal is taken and with the Mobile County
Commission. The board shall transmit to the Mobile County Commission with the notice of appeal
all papers constituting the record upon which the action appealed from was taken. An appeal
shall stay all proceedings in furtherance of the action appealed from, unless the board certifies
to the Mobile County Commission, after receiving notice of the appeal, that by reason of facts
stated in the certificate, a stay would cause imminent peril to life or property. The Mobile
County Commission shall have all of the following powers: (1) To hear and decide appeals where
it is alleged there is error in any order,...
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45-49-261.13
Section 45-49-261.13 Limitations on authority of planning commission. (a) The planning commission
shall have no jurisdiction over the type of single-family housing or dwelling to be placed
or constructed on private property. (b) The authority of the Mobile County Commission under
this part shall not conflict with present or future regulations or policies of the Alabama
Department of Public Health. No provision of this part shall infringe upon the existing authority
of the county commission to regulate the development of subdivisions. No provision of this
part shall affect any existing statute or regulation promulgated pursuant to any law creating
historic or preservation districts within Mobile County; however, historic or preservation
districts are subject to this part. (Act 2009-782, p. 2456, §14.)...
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