reglab/housing_qa huggingface dataset:
AL Code § 45-2-261.03 (2021)
2021 Code of Alabama|Title 45 - Local Laws.|Chapter 2 - Baldwin County.|Article 26 - Zoning and Planning.|Part 2 - Planning and Zoning Commission.|Division 1 - Establishment.|Section 45-2-261.03 - Preparation of Master Plan.

Section 45-2-261.03Preparation 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 Commission, or remanded to the planning commission for further revision. The master plan shall not be effective until adopted by the Baldwin County Commission. The planning commission may prepare and the Baldwin County Commission may adopt the master plan as a whole or in successive parts corresponding with planning districts as provided in Section 45-2-261.05 or with functional sections of the subject matter of the master plan. (Act 91-719, p. 1389, §4; Act 98-665, p. 1455, §1.)
AL Code § 45-2-261.05 (2021)
2021 Code of Alabama|Title 45 - Local Laws.|Chapter 2 - Baldwin County.|Article 26 - Zoning and Planning.|Part 2 - Planning and Zoning Commission.|Division 1 - Establishment.|Section 45-2-261.05 - Planning Districts and Authority.

Section 45-2-261.05Planning 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.)
AL Code § 45-2-261.06 (2021)
2021 Code of Alabama|Title 45 - Local Laws.|Chapter 2 - Baldwin County.|Article 26 - Zoning and Planning.|Part 2 - Planning and Zoning Commission.|Division 1 - Establishment.|Section 45-2-261.06 - Purposes and View.

Section 45-2-261.06Purposes and view. In preparation of the proposed master plan and planning and zoning ordinances and regulations, the planning commission shall make careful and comprehensive studies and surveys of the present conditions existing within unincorporated areas with due regard to existing agricultural uses, to land by virtue of its availability, proximity to water supplies, and other geographical features as particularly suited to agricultural uses, to neighboring municipalities, towns and villages, to growth of subdivisions, to the general population, to growth of the resort areas in the county, and make adequate provisions for traffic, recreational areas, and industries and other public requirements. The comprehensive plan, development and zoning ordinances, and regulations shall be made with the general purpose of guiding and accomplishing a coordinated, adjusted, and harmonious development of the county which will in accordance with present and future needs best promote the health, environment, safety, morals, order, convenience, prosperity, and general welfare, as well as efficiency and economy in the process of development, and shall promote safety from fire, flood, and other dangers and the healthful and convenient distribution of population, and the wise and efficient expenditure of public funds. The plan, regulations, and ordinances shall be public record but their purpose and effect shall be to aid the Baldwin County Commission in the performance of its duties hereunder, and assisting and cooperating with other federal, state, and local agencies so as to achieve coordinated, adjusted, and harmonious development. The Baldwin County Commission may contract or appoint planners, engineers, architects, or other consultants to assist the planning commission in developing the master plan, ordinances, and regulations. The consultants shall be paid by the county commission for their service according to the terms and conditions of their contracts or appointments. (Act 91-719, p. 1389, §7; Act 98-665, p. 1455, §1.)
AL Code § 45-2-261.08 (2021)
2021 Code of Alabama|Title 45 - Local Laws.|Chapter 2 - Baldwin County.|Article 26 - Zoning and Planning.|Part 2 - Planning and Zoning Commission.|Division 1 - Establishment.|Section 45-2-261.08 - Appointment of Advisory Committees.

Section 45-2-261.08Appointment 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 one or more municipalities, a member of the municipal planning commission of each contiguous municipality shall serve in an ex officio capacity on the advisory committee. (Act 91-719, p. 1389, §9; Act 98-665, p. 1455, §1; Act 2006-609, p. 1672, §1.)
AL Code § 45-2-261.09 (2021)
2021 Code of Alabama|Title 45 - Local Laws.|Chapter 2 - Baldwin County.|Article 26 - Zoning and Planning.|Part 2 - Planning and Zoning Commission.|Division 1 - Establishment.|Section 45-2-261.09 - Assessment of Uniform Zoning Fee.

Section 45-2-261.09Assessment 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 administering the master plan and zoning and planning ordinances and regulations promulgated under this subpart. (Act 91-719, p. 1389, §10; Act 98-665, p. 1455, §1.)
AL Code § 45-2-261.11 (2021)
2021 Code of Alabama|Title 45 - Local Laws.|Chapter 2 - Baldwin County.|Article 26 - Zoning and Planning.|Part 2 - Planning and Zoning Commission.|Division 1 - Establishment.|Section 45-2-261.11 - Appeals to the Board of Adjustment.

Section 45-2-261.11Appeals 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 unless the officer from whom the appeal is taken certifies to the board of adjustment after the notice of appeal shall have been filed with him or her that by reason of facts stated in the certificate a stay would in his or her opinion cause imminent peril to life or property. The proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board of adjustment or by a court of record on application and notice to the officer from whom the appeal is taken and on due cause shown. The board of adjustment shall fix a reasonable time for hearing the appeal, give public notice to the interested parties, and decide the appeal within a reasonable time. Any party may appear in person, by agent, or by an attorney. (Act 91-719, p. 1389, §12; Act 98-665, p. 1455, §1; Act 2006-609, p. 1672, §1.)
AL Code § 45-2-261.12 (2021)
2021 Code of Alabama|Title 45 - Local Laws.|Chapter 2 - Baldwin County.|Article 26 - Zoning and Planning.|Part 2 - Planning and Zoning Commission.|Division 1 - Establishment.|Section 45-2-261.12 - Powers of the Board of Adjustment.

Section 45-2-261.12Powers of the board of adjustment. The board of adjustment shall have all of the following powers: (1) To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of the zoning regulations adopted pursuant to this subpart. (2) To hear and decide special exceptions to the terms of the zoning regulations adopted pursuant to this subpart. (3) To authorize upon appeal in specific cases the variance from the terms of the zoning regulations as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of the zoning regulations will result in unnecessary hardship and so that the spirit of the ordinance or regulations required shall be observed and substantial justice done. The foregoing provisions shall not authorize the board of adjustment to approve a use not permitted by the zoning regulations. In exercising its authority, the board may, in conformity with this subpart, reverse or affirm, wholly or partly, or modify the order, requirement, decision, or determination appealed from and make the order, requirement, decision, or determination as should be made and, to that end, shall have all the powers of the officer from whom the appeal is taken. The concurring vote of a majority of the members of a board of adjustment shall be necessary to reverse any order, requirement, decision, or determination of any administrative official or decide in favor of the applicant on any matter upon which it is required to act or to approve a variance from the terms of the zoning regulations adopted pursuant to this subpart. (Act 91-719, p. 1389, §13; Act 98-665, p. 1455, §1; Act 2006-609, p. 1672, §1.)
AL Code § 45-2-261.13 (2021)
2021 Code of Alabama|Title 45 - Local Laws.|Chapter 2 - Baldwin County.|Article 26 - Zoning and Planning.|Part 2 - Planning and Zoning Commission.|Division 1 - Establishment.|Section 45-2-261.13 - Appeals From Final Decision of Board of Adjustment.

Section 45-2-261.13Appeals from final decision of board of adjustment. (a) Any party aggrieved by a final judgment or decision of a board of adjustment, except a decision on the approval or disapproval of a subdivision, within 15 days thereafter, may appeal therefrom to the Circuit Court of Baldwin County, Alabama, by filing with the circuit court and the board of adjustment a written notice of appeal specifying the judgment or decision from which the appeal is taken. In case of the appeal, the board of adjustment shall cause a transcript of the proceedings and the action to be certified to the court to which the appeal is taken. (b) Any party aggrieved by a final judgment or decision of a board of adjustment on the decision on the final approval or disapproval of a subdivision, within 15 days thereafter, may appeal therefrom to the county commission. Any party aggrieved by the final judgment or decision of the county commission, within 15 days thereafter, may appeal therefrom to the Circuit Court of Baldwin County, Alabama, by filing with the circuit court and the county commission a written notice of appeal specifying the judgment or decision from which the appeal is taken. In case of an appeal to circuit court, the county commission shall cause a transcript of the proceedings and the action to be certified to the court to which the appeal is taken. (Act 91-719, p. 1389, §14; Act 98-665, p. 1455, §1; Act 2006-609, p. 1672, §1; Act 2010-719, p. 1782, §1.)
AL Code § 45-2-261.14 (2021)
2021 Code of Alabama|Title 45 - Local Laws.|Chapter 2 - Baldwin County.|Article 26 - Zoning and Planning.|Part 2 - Planning and Zoning Commission.|Division 1 - Establishment.|Section 45-2-261.14 - Permit and Application Fees.

Section 45-2-261.14Permit and application fees. The Baldwin County Commission may levy permit and application fees deemed necessary to administer ordinances and zoning regulations promulgated hereunder. The fees shall cover the cost of administrative activities performed hereunder by the agencies of the county commission and the boards of adjustment. The county commission may adopt the administrative rules and procedures as it deems necessary to carry out the provisions of this subpart. (Act 91-719, p. 1389, §15; Act 98-665, p. 1455, §1.)
AL Code § 45-2-261.15 (2021)
2021 Code of Alabama|Title 45 - Local Laws.|Chapter 2 - Baldwin County.|Article 26 - Zoning and Planning.|Part 2 - Planning and Zoning Commission.|Division 1 - Establishment.|Section 45-2-261.15 - Remedies.

Section 45-2-261.15Remedies. If any building or structure is erected, constructed, altered, repaired, converted, or maintained, or if any land is used in violation of this subpart or any ordinance or regulation promulgated under the authority conferred by this subpart, the county attorney, or other appropriate administrative officer of Baldwin County shall institute any appropriate action or proceeding to prevent an unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use of the land or to restrain, correct, or abate the violation, or to prevent the occupancy of any building or structure, or to prevent any illegal act, conduct, business, or misuse in or upon any premises regulated under the authority conferred by this subpart. In addition to the foregoing, the Baldwin County Commission may adopt ordinances or regulations providing for a penalty in the form of a fine for the violation of the provisions of any ordinance or regulation promulgated under this subpart. The fine shall not exceed one hundred fifty dollars ($150) and cost of court for each offense. Each day the violation continues shall constitute a separate offense. (Act 91-719, p. 1389, §16; Act 98-665, p. 1455, §1.)
AL Code § 45-2-261.16 (2021)
2021 Code of Alabama|Title 45 - Local Laws.|Chapter 2 - Baldwin County.|Article 26 - Zoning and Planning.|Part 2 - Planning and Zoning Commission.|Division 1 - Establishment.|Section 45-2-261.16 - Housing.

Section 45-2-261.16Housing. The Baldwin County Planning and Zoning Commission shall have no jurisdiction over the type of single family housing or dwelling to be placed or constructed on private property. (Act 91-719, p. 1389, §18; Act 98-665, p. 1455, §1.)
AL Code § 45-2-261.17 (2021)
2021 Code of Alabama|Title 45 - Local Laws.|Chapter 2 - Baldwin County.|Article 26 - Zoning and Planning.|Part 2 - Planning and Zoning Commission.|Division 1 - Establishment.|Section 45-2-261.17 - Construction With Other Laws.

Section 45-2-261.17Construction with other laws. The authority of the Baldwin County Commission under this subpart shall not conflict with present or future regulations or policies of the Alabama Department of Health. Except as expressly set forth in this subpart, no provision of this subpart shall infringe upon the existing authority of the Baldwin County Commission to regulate the development of subdivisions under Section 45-2-260.01, and any amendments thereto, or any additional power or authority granted to the Baldwin County Commission by local legislative act. Notwithstanding any authority otherwise conferred by this subpart or any local act applicable to Baldwin County, after June 15, 1973, once a subdivision has been approved in accordance with the subdivision regulations applicable to the subdivision at the time of approval, the Baldwin County Commission and the Baldwin County Planning Commission shall have no authority to impose, by amendment to any subdivision regulations, zoning regulations, or otherwise, any new or additional front, side, rear, or wetland setback requirements on any lot contained within a previously approved subdivision which would increase the setback requirements or impose a more restrictive setback requirement on the use of the lot. After June 15, 1973, all subdivisions and lots approved in accordance with the applicable subdivision regulations prior to the date the Baldwin County zoning regulations become applicable to the subdivision or lot, or prior to the amendment of any applicable zoning regulations, shall not be subject to any new or additional front, side, rear, or wetland setback requirements which would increase the setback requirements or impose a more restrictive setback requirement on the use of the lot, and the lot shall not be deemed a nonconforming lot for the purposes of any zoning or subdivision regulations and may be used and improved without regard to the new or additional requirements and without any limitation applicable thereto based on any nonconformity with subsequently enacted regulations. No provision of this subpart shall affect any existing statute or regulation promulgated pursuant to any law creating historic or preservation districts within Baldwin County; however, historic or preservation districts are subject to the provisions of this subpart. (Act 91-719, p. 1389, §19; Act 98-665, p. 1455, §1; Act 2010-719, p. 1782, §1.)
AL Code § 45-2-261.18 (2021)
2021 Code of Alabama|Title 45 - Local Laws.|Chapter 2 - Baldwin County.|Article 26 - Zoning and Planning.|Part 2 - Planning and Zoning Commission.|Division 1 - Establishment.|Section 45-2-261.18 - Zoning Ordinances and Regulations Not Retroactive.

Section 45-2-261.18Zoning ordinances and regulations not retroactive. No zoning ordinance or regulation promulgated by the Baldwin County Commission under the authority of this subpart shall change any use to which land is being made at the time the zoning ordinance or regulation becomes applicable to any district. (Act 91-719, p. 1389, §20; Act 98-665, p. 1455, §1.)
AL Code § 45-2-261.40 (2021)
2021 Code of Alabama|Title 45 - Local Laws.|Chapter 2 - Baldwin County.|Article 26 - Zoning and Planning.|Part 2 - Planning and Zoning Commission.|Division 2 - Membership.|Section 45-2-261.40 - Appointments to Planning Commission.

Section 45-2-261.40Appointments to planning commission. (a) The Baldwin County Commission may appoint real estate agents or other persons in the real estate field to the Baldwin County Planning Commission. The appointed real estate agents or other persons in the real estate field to the Baldwin County Planning Commission shall not exceed three members of such commission. (b) The operation of this section shall be retroactive to January 1, 1976. (Act 84-498, p. 1118, §§1, 2; Act 2010-719, p. 1782, §1.)
AL Code § 45-2-261.60 (2021)
2021 Code of Alabama|Title 45 - Local Laws.|Chapter 2 - Baldwin County.|Article 26 - Zoning and Planning.|Part 2 - Planning and Zoning Commission.|Division 3 - Fort Morgan Planning and Zoning Advisory Committee.|Section 45-2-261.60 - Applicability.

Section 45-2-261.60Applicability. (a) This subpart shall apply only in Baldwin County. (b) Any reference in this subpart to Act 91-719 of the 1991 Regular Session Acts 1991, p. 1389), refers to Act 91-719, as amended, and now appearing as Sections 45-2-261 to 45-2-261.18. (Act 2015-411, §1.)
AL Code § 45-2-261.61 (2021)
2021 Code of Alabama|Title 45 - Local Laws.|Chapter 2 - Baldwin County.|Article 26 - Zoning and Planning.|Part 2 - Planning and Zoning Commission.|Division 3 - Fort Morgan Planning and Zoning Advisory Committee.|Section 45-2-261.61 - Establishment of Fort Morgan Zoning District.

Section 45-2-261.61Establishment 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, Inc., and Charles H. Browdy v. City of Gulf Shores (Ala. Supreme Court No. 1101440, February 28, 2014) and the property shall be zoned in the same manner as prior to annexation into the City of Gulf Shores as of April 1, 2003. In addition, any parts of the Baldwin County zoning map as of April 1, 2003, any zoning ordinances or regulations, and any existing exceptions or variances granted and approved pursuant to Act 91-719, adopted or applicable to the Fort Morgan Zoning District are ratified and confirmed and adopted by reference and expressly made applicable to Fort Morgan Zoning District. (b) For the purposes of this subpart, the Fort Morgan Zoning District is adopted by reference as the Fort Morgan Planning and Zoning Advisory District. (Act 2015-411, §2.)