Baldwin County

How Zoning Affects Me

 

Steps to Coming Under the Planning and Zoning Jurisdiction of Baldwin County

 

1. Citizen(s) sends a letter to the Baldwin County Commission expressing their desire to form a new zoning district and provides the proposed boundaries of the new district.

2. Planning and Zoning staff will review the proposal against the statutory requirements.

3. The Probate Judge will prepare a preliminary estimate of the number of registered voters in the proposed district.

4. Planning and Zoning staff will bring the citizen request to the County Commission for consideration at a regularly scheduled Commission meeting and the County Commission will consider the Citizen request and proposed boundary.

5. If accepted, Planning and Zoning staff will notify the Citizen(s) and provide petition forms for the collection of signatures.

6. The Citizen(s) will have 120 days to collect signatures from 10 percent of the registered voters in the newly proposed district.

7. The Probate Judge will have 45 days to certify or reject the accuracy of the petition. • If the number of signatures is not sufficient, the parties shall have another 60 days to complete the petition and have it certified. • If the petition is not certified, a petition for the proposed district may not be refiled for two years after the final denial of certification.

8. If the petition signatures are sufficient, the County Commission will instruct the Probate Judge to schedule an election within the district no later than 90 days after the signatures are approved.

9. Notice of the election will be published in the newspaper four times during the 30 days prior to the scheduled election.

10. Planning and Zoning staff will also mail a notice to all registered voters within the district. The notice will state the date of the election and the polling place(s). The judge of probate shall conduct the election.

11. If a simple majority of voters vote in the affirmative, then the district will become subject to the zoning and planning jurisdiction of the Baldwin County Commission.

12. The County Commission will appoint an advisory committee consisting of five registered voters from the district. The membership must reflect the diversity of the land use within the district as nearly as practical. Planning and Zoning staff will meet with the Advisory Committee to prepare a zoning map and draft text amendments to the ordinance for the new district.

13. The Advisory Committee will make a recommendation to the Planning Commission, which will make a recommendation to the County Commission. The County Commission will make the final approval decision.

See: Alabama Code Section 45-2-261.07 Procedure for exercising jurisdiction in each district.(Act 91-719, p. 1389, §8; Act 98-665, p. 1455, §1; Act 2006-609, p. 1672, §1; Act 2010-719, p. 1782, §1.)
Alabama Code Section 45-2-261.08. (Act 91-719, p. 1389, §9; Act 98-665, p. 1455, §1; Act 2006-609, p. 1672, §1.)

 


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