4-6-8
Section 4-6-8 Permits; variances; installation, etc., of markers and lights upon airport hazards.
(a) Permits. - Any airport zoning regulations adopted under this chapter may require that
a permit be obtained before any new structure or use may be constructed or established and
before any existing use or structure may be substantially changed or substantially altered.
All such regulations may provide rules under which nonconforming uses shall be discontinued
and removed in case of being abandoned, destroyed, deteriorated or decayed. In any event,
however, all such regulations shall provide that before any nonconforming structure or tree
may be replaced, substantially altered, rebuilt, allowed to grow higher or replanted, a permit
must be secured from the administrative agency authorized to administer and enforce the regulations,
authorizing such replacement or change; but no such permit shall be required to make maintenance
repairs to or to replace parts of existing structures which do...
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4-6-7
Section 4-6-7 Reasonableness of regulations; standards for adoption of regulations; nonconforming
uses. (a) Reasonableness. - All airport zoning regulations adopted under this chapter shall
be reasonable, and none shall impose any requirement or restriction which is not reasonably
necessary to effectuate the purposes of this chapter. In determining what regulations it may
adopt, the political subdivision shall consider, among other things, the character of the
flying operations expected to be conducted at the airport, the nature of the terrain within
the airport hazard area, the character of the neighborhood and the uses to which the property
to be zoned is put and adaptable. (b) Nonconforming uses. - No airport zoning regulations
adopted under this chapter shall require the removal, lowering or other change or alteration
of any structure or tree not conforming to the regulations when adopted or amended or otherwise
interfere with the continuance of any nonconforming use, except as...
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4-6-10
Section 4-6-10 Powers and duties of administrative agency; procedure and records of official
actions of agency. (a) All airport zoning regulations adopted under this chapter shall provide
for an administrative agency to have and exercise the following powers: (1) To hear and decide
any special exceptions to the terms of the airport zoning regulations upon which such agency
may be required to pass under such regulations. (2) To authorize in specific cases such variance
from the terms of the ordinance as will not be contrary to the public interest, where, owing
to special conditions, a literal enforcement of the provisions of the ordinance will result
in unnecessary hardship, and so that the spirit of the ordinance shall be observed and substantial
justice done. (b) The agency shall not be required to return the original papers acted upon
by it, but it shall be sufficient to return certified or sworn copies thereof or of such portions
thereof as may be called on by such writ. The return...
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4-6-5
Section 4-6-5 Airport zoning commission. Prior to the initial zoning of any airport hazard
area under this chapter, the political subdivision which is to adopt the regulations shall
be authorized to appoint an airport zoning commission consisting of five members, each to
be appointed for a term of three years, or may designate any existing planning commission
to recommend the boundaries of the various zones to be established and the regulations to
be adopted therefor. Such commission shall make a preliminary report and hold public hearings
thereon before submitting its final report, and the legislative body of the political subdivision
shall not hold its public hearings or take other action until it has received the final report
of such commission. (Acts 1953, No. 730, p. 985, §5.)...
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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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4-6-9
Section 4-6-9 Administration and enforcement of regulations. All airport zoning regulations
adopted under this chapter shall provide for the administration and enforcement of such regulations
by an administrative agency which may be an agency created by such regulations or any official
or other existing agency of the political subdivision adopting the regulations. The duties
of any administrative agency designated pursuant to this chapter shall include that of hearing
and deciding all permits under this chapter. (Acts 1953, No. 730, p. 985, §9.)...
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4-6-11
Section 4-6-11 Appeals from action of administrative agency or governing body. (a) Any person
aggrieved by any decision of an administrative agency made in its administration of airport
zoning regulations adopted under this chapter or any governing body of a political subdivision
which is of the opinion that a decision of such an administrative agency is an improper application
of airport zoning regulations of concern to such governing body or board may appeal to the
circuit court of the county where such airport is located. (b) All appeals taken under this
section must be taken within 10 days by filing with the agency from which the appeal is taken
a notice of appeal specifying the grounds thereof. The agency from which the appeal is taken
shall forthwith transmit to the court all the papers constituting the record upon which the
action appealed from was taken. (c) An appeal shall stay all proceedings in furtherance of
the action appealed from, unless the agency from which the appeal...
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4-6-13
Section 4-6-13 Acquisition of air rights, easements, etc. In any case in which: (1) It is desired
to remove, lower or otherwise terminate a nonconforming structure or use; or (2) The approach
protection necessary cannot, because of constitutional limitations, be provided by airport
zoning regulations under this chapter; or (3) It appears advisable that the necessary approach
protection be provided by acquisition of property rights rather than by airport zoning regulations,
the political subdivision within which the property or nonconforming use is located or the
political subdivision owning the airport or served by it may acquire, by purchase, grant or
condemnation in the manner provided by the law under which political subdivisions are authorized
to acquire real property for public purposes, such air right, avigation easement or other
estates or interest in the property or nonconforming structure or use in question as may be
necessary to effectuate the purposes of this chapter. In the...
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4-6-15
Section 4-6-15 Relation of airport zoning regulations to comprehensive zoning regulations.
(a) Incorporation. - In the event that a political subdivision has adopted, or hereafter adopts,
a comprehensive zoning ordinance regulating, among other things, the height of buildings,
any airport zoning regulations applicable to the same area or portion thereof may be incorporated
in and made a part of such comprehensive zoning regulations and be administered and enforced
in connection therewith. (b) Conflict. - In the event of conflict between any airport zoning
regulations adopted under this chapter and any other regulations applicable to the same area,
whether the conflict be with respect to the height of structures of trees, the use of land
or any other matter, and whether such regulations were adopted before or after the airport
zoning regulations or by some other political subdivision, the more stringent limitation or
requirement shall govern and prevail. (Acts 1953, No. 730, p. 985,...
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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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