45-2-261.64
Section 45-2-261.64 Enforcement and administration of subpart. The Baldwin County Commission
shall enforce this subpart in the same manner as provided in Section 16 of Act 91-719, and,
in performing its functions related to planning and zoning, the Baldwin County Planning and
Zoning Commission and the Baldwin County Commission shall specifically consider the historical
nature of existing development within the Fort Morgan District, the historical and environmental
character of the district, and the unique needs of the district related to hurricane safety
and infrastructure for potential evacuation. (Act 2015-411, §5.)...
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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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45-2-261.10
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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45-2-261.62
Section 45-2-261.62 Planning and zoning advisory committee established; composition; purpose
and duties. (a) There is established the Fort Morgan Planning and Zoning Advisory Committee,
hereinafter referred to as the planning and zoning advisory committee, to be composed of the
following members: Two members appointed by the Baldwin County Commission from a list of not
less than four nominations by the Fort Morgan Civic Association, Inc.; and three members appointed
by the Fort Morgan Civic Association, Inc. All members shall be residents and registered voters
in the Fort Morgan District. All members shall serve a term of four years and may be reappointed
to succeeding terms. Members shall serve until a replacement is appointed and qualified. Any
vacancy on the committee shall be filled by the original appointing authority. Members shall
serve without compensation, but may be reimbursed for expenses in the performance of their
duties by the county. A member may be removed for cause by...
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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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45-2-261.61
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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45-2-261.09
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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45-2-261.11
Section 45-2-261.11 Appeals to the board of adjustment. Appeals to the planning district board
of adjustment may be taken by any person aggrieved or by any officer or department of Baldwin
County affected by any decision of any administrative officer representing the county in an
official capacity in the enforcement of this subpart or of any ordinance or regulation adopted
pursuant to this subpart. Notwithstanding any provision herein, a board of adjustment shall
have no jurisdiction to review any decision already determined by the Baldwin County Commission.
The appeal shall be taken within 30 days of the decision by filing with the officer from whom
the appeal is taken and with the board of adjustment a notice of appeal specifying the grounds
thereof. The officer from whom the appeal is taken shall transmit forthwith to the board of
adjustment all papers constituting the record upon which the action was taken. An appeal stays
all proceedings in furtherance of the action appealed...
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45-2-261.03
Section 45-2-261.03 Preparation of master plan. In availing itself of the powers conferred
by this subpart, the Baldwin 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 of Baldwin County. The master plan with the accompanying maps, plats, charts, and descriptive
material shall show the planning commission's recommendations for the use and development
of the unincorporated areas of Baldwin County. 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 Baldwin County Commission. The Baldwin 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 Baldwin County Commission, the master
plan may be approved or amended by the Baldwin County...
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