45-2-261.61
Section 45-2-261.61 Establishment of Fort Morgan Zoning District. (a) The establishment of
the Baldwin County Planning and Zoning District 25 as established by the Baldwin County Commission
pursuant to Act 91-719 of the 1991 Regular Session (Acts 1991, p. 1389), as amended, hereinafter
referred to as the Fort Morgan Zoning District, as that zoning district was adopted and in
effect on July 1, 2014, is ratified and confirmed subject to the provisions of this section.
This area is generally described as follows: Beginning at the Western most tip of Fort Morgan;
thence meandering Eastwardly along the shoreline of Gulf of Mexico to the East section line
of Section 28; run thence Northwardly to the Southern Shoreline of Bon Secour Bay; meandering
Westwardly along the shoreline to the point of beginning. The Fort Morgan Zoning District
shall include all property that was deannexed from the City of Gulf Shores as a result of
the Alabama Supreme Court decision in Fort Morgan Civic Association,...
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45-45-244
Section 45-45-244 Authorization; resolution. (a) The Madison County Commission, by resolution
adopted by a simple majority of the entire commission, may do the following: (1) Levy, provide
for the assessment and collection of, and provide penalties for the nonpayment of, in addition
to all other taxes of every kind and nature imposed by law, a privilege or license fee upon
every person, firm, or corporation licensed by the Alcoholic Beverage Control Board, engaged
or continuing within the unincorporated areas of Madison County in the business of selling
liquor as that term is defined in subdivision (15) of Section 28-3-1, of alcoholic drinks
containing liquor, including all ingredients which are made a part of such drinks, for on-premises
consumption in an amount equal to 12 percent of gross receipts or gross sales from that part
of the business. (2) Regulate and license the sale of alcoholic beverages, as that term is
defined in subdivision (1) of Section 28-3-1, for on-premises...
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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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45-2-261.04
Section 45-2-261.04 Procedure for adoption and amendment of ordinances and regulations. (a)
The Baldwin County Commission may adopt ordinances and regulations as necessary to effect
the provisions of this subpart. The ordinances or regulations shall be made in accordance
with a master plan and designed to lessen congestion in the streets, to secure safety from
fire, panic, and other dangers, to promote health and general welfare, to provide adequate
light and air, to prevent overcrowding of land, to avoid undue concentration of population
and to facilitate the adequate provision of transportation, water, sewerage, schools, parks,
and other public requirements. The ordinances and regulations shall be made with reasonable
consideration, among other things, to the character of the district and its peculiar suitability
for particular uses and with the view of conserving the value of the buildings and encouraging
the most appropriate use of land throughout the district. For the purpose of...
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11-3-11.2
Section 11-3-11.2 Collection of local taxes - County commission. (a) The county commission
may, by ordinance or resolution, administer and collect, or contract for the collection of,
any local sales and use taxes or other local county taxes levied or authorized to be levied
by a general or local act. Where the county commission provides by ordinance or resolution
for the administration and collection of the local taxes, the collection of the local sales
and use taxes shall occur at the same time as state sales and use taxes are due to be paid
to the Department of Revenue, unless otherwise provided by law. (b) Any county commission
which elects to administer and collect, or contract for the collection of, any local sales
and use taxes or other local taxes, shall have the same rights, remedies, power and authority,
including the right to adopt and implement the same procedures, as would be available to the
Department of Revenue if the tax or taxes were being administered, enforced, and...
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45-2-261.63
Section 45-2-261.63 Notification of amendments or changes to zoning ordinances, regulations,
etc., and annexations. After june 10, 2015, the Fort Morgan Planning and Zoning Advisory Committee
shall be notified in writing by the Baldwin County Planning and Zoning Commission not less
than 10 days prior to consideration of any proposal to adopt any amendments or changes to
any zoning ordinances or regulations or the master plan, including any variances thereto,
previously adopted by the Baldwin County Commission pursuant to Act 91-719 applicable in the
Fort Morgan Zoning District. In addition, the Advisory Committee shall be notified in writing
by any municipality of any proposed annexation of any portion of the Fort Morgan Zoning District.
(Act 2015-411, §4.)...
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45-2A-60
Section 45-2A-60 Regulation in unincorporated areas and certain cities. (a) This section shall
apply only within the police jurisdictions of the Town of Summerdale, the City of Gulf Shores,
the City of Orange Beach, and the City of Foley in the unincorporated areas of Baldwin County.
(b)(1) Except as provided in subdivision (2), in the unincorporated areas of Baldwin County,
the Town of Summerdale within its police jurisdiction, the City of Gulf Shores within its
police jurisdiction, the City of Orange Beach within its police jurisdiction, and the City
of Foley within its police jurisdiction may regulate and shall have exclusive zoning authority
to regulate billboards within the police jurisdiction of each respective city or town along
the Foley Beach Express, otherwise known as the Eastern Corridor. (2) In the case of any area
of Baldwin County covered by subdivision (1) which is also in a county zoning district or
in an overlapping police jurisdiction, the most stringent regulation...
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45-2-246
Section 45-2-246 Support of public schools. (a) Sections 1 and 3 of Act No. 609, H. 1167 of
the 1900-1901 Legislature (Acts 1900-01, p. 1446), relating to the levy and collection of
a two mill special tax, shall not apply as long as the privilege, license, and excise tax
for school purposes levied by ordinance of the Baldwin County Commission adopted on December
20, 1988, pursuant to the authority vested in it by Sections 40-12-4 through 40-12-7, as amended,
remain in force and effect or the rate of such tax is increased. Should the Baldwin County
Commission amend, repeal, or rescind the ordinance of December 20, 1988, with the result that
in and by the terms of such amendment, such repeal or recession of the tax imposed in the
ordinance is repealed, abolished, or is reduced to a rate less than that imposed thereby;
then, in that event, the provisions of this section shall thereupon become null, void, and
of no force and effect, and the provisions of Sections 1 and 3 of Act No. 609, H....
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28-3-25
Section 28-3-25 Counties and municipalities authorized to extend time of sale of alcoholic
beverages on Sunday by resolution or referendum. (a)(1) Subject to subdivision (2), in any
wet county, the county commission, by resolution, may permit and regulate the sale of alcoholic
beverages on Sunday after the hour of two o'clock a.m., for on-premises or off-premises consumption,
or both, as determined by the county commission or as specified in the referendum, if applicable,
by retail licensees of the Alcoholic Beverage Control Board. (2) The county commission of
any wet county, by resolution, may require a referendum to be held to determine whether Sunday
sales of alcohol shall be permitted in the county. Upon passage of a resolution by the county
commission, the county shall hold the referendum and if a majority of the voters voting thereon
vote in favor of the question, then the sale of alcoholic beverages shall be permitted and
regulated as specified in the referendum. (b)(1) Subject...
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45-27-245.06
Section 45-27-245.06 Prerequisite to tax. The taxes levied in this subpart shall become operative
only if the county commission repeals Escambia County Commission Resolution/Ordinance Number
3, adopted September 23, 1991. (Act 97-549, p. 962, §7.)...
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