45-2-261.07
Section 45-2-261.07 Procedure for exercising jurisdiction in each district. The Baldwin County
Commission shall not exercise its planning and zoning powers and jurisdiction in any district
established hereunder until the majority of the qualified electors of the district voting
in an election shall have voted their desire to come within the planning and zoning authority
of the Baldwin County Commission. The election shall be held if 10 percent of the qualified
electors in any district submit a written petition to the county commission expressing a desire
to be subject to the planning and zoning jurisdiction of the Baldwin County Commission under
authority of this subpart. For the purposes of the establishment of districts after June 1,
2010, a district shall correspond to a voting precinct or precincts in the county unless the
county governing body determines that the use of voting precinct boundaries is not feasible.
A party or parties seeking to file a petition shall notify the...
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45-2-261.01
Section 45-2-261.01 Appointment of members and personnel of the Baldwin County Planning and
Zoning Commission. The planning commission shall be composed of nine regular members, each
of whom shall be a qualified elector and an actual resident of the county. One and only one
regular member of the planning commission may be a qualified elector of the county who resides
in the corporate limits of a municipality in the county. All regular members shall be appointed
by the Baldwin County Commission for a term of four years. Upon the affirmative vote of a
majority of the qualified electors in a district election held pursuant to Section 45-2-261.07,
the membership of the planning commission shall be increased by appointment by the county
commission of a qualified elector from that district for a temporary one-time term of three
years. In the event of any vacancy on the planning commission, such vacancy shall be filled
by appointment of the Baldwin County Commission. The Baldwin County...
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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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45-49-261.06
Section 45-49-261.06 Procedures for exercising planning and zoning powers. The Mobile County
Commission shall not exercise its planning and zoning powers established hereunder until the
majority of the qualified electors in the proposed planning jurisdiction shall have voted
their desire to come within the planning and zoning authority of the Mobile County Commission.
The election shall be held if 10 percent of the qualified electors in the planning jurisdiction
submit a written petition to the county commission expressing a desire to be subject to the
planning and zoning jurisdiction of the Mobile County Commission under authority of this part
or upon a resolution of the county commission. The county commission and the Judge of Probate
of Mobile County shall certify or reject the accuracy of the petition no later than 45 days
after receiving the petition, or in the case of an election to be held by resolution of the
county commission, the county commission shall certify the adoption...
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45-2-261.05
Section 45-2-261.05 Planning districts and authority. The Baldwin County Commission shall divide
the unincorporated areas of Baldwin County into planning districts. Prior to submission of
a written petition to hold an election pursuant to Section 45-2-261.07, the planning districts
may be altered as necessary by the Baldwin County Commission to effect the provisions of this
subpart. In establishing the boundaries of the planning districts, the Baldwin County Commission
may consider, but not be limited to, the natural geography of the county, identifiable landmarks,
both natural and man-made, current land use patterns, areas of historical significance, natural
resources, convenience of holding elections within a planning district, administrative convenience,
projected land use, population density, population growth, and common community interests.
(Act 91-719, p. 1389, §6; Act 98-665, p. 1455, §1.)...
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45-2-261.09
Section 45-2-261.09 Assessment of uniform zoning fee. The county commission may levy upon the
owner of any real property located within any planning district in which a majority of the
qualified electors have voted in the affirmative in an election described in Section 45-2-261.07,
a uniform zoning fee not in excess of ten dollars ($10) per parcel of real property per year.
Upon the levy the Tax Assessor of Baldwin County shall assess the uniform zoning fee on the
real property subject to the uniform zoning fee within the planning district. The assessment
shall be collected by the Tax Collector of Baldwin County on annual ad valorem tax bills and
non-payment of the assessment shall constitute a lien on the assessed property. The uniform
zoning fee shall not be assessed for more than two years. The Tax Collector of Baldwin County
shall collect the fee and the proceeds therefrom shall be deposited in the General Fund of
Baldwin County to be expended exclusively for the purpose of...
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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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45-2-261.08
Section 45-2-261.08 Appointment of advisory committees. In each district wherein the qualified
electors vote to become subject to the planning and zoning authority of the Baldwin County
Commission as provided in Section 45-2-261.07, the Baldwin County Commission shall appoint
an advisory committee from that district to work with and assist the planning commission in
formulating and developing regulations, ordinances, and zoning measures for the district.
Each advisory committee shall consist of five members who shall be qualified electors of the
district and who shall reflect as nearly as practical the diversity of land use in a district.
The members of each district advisory committee shall elect a chair. Upon the adoption of
zoning ordinances and regulations for the district by the Baldwin County Commission pursuant
to the terms of this subpart, the services of the district advisory committee shall terminate
and the committee shall be abolished. In any district which is contiguous to...
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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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45-2-261.63
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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