1

7 A BILL

8 TO BE ENTITLED

9 AN ACT

10 Relating to Baldwin County; to amend Section 45-2-261.01 of the Code of Alabama

111975, to provide further for the members of the planning and zoning commission.

12BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

13 Section 1. Section 45-2-261.01 of the Code of Alabama 1975, is amended to read as

14follows:

15 Ҥ45-2-261.01.

16"Appointment of Members and Personnel of the Baldwin County Planning and Zoning

17Commission. Commencing on the effective date of this act, the Planning Commission shall be

18composed of nine regular members, each of whom shall be a qualified elector in and an actual

19resident of Baldwin County. of those persons serving as members and officers of the Planning
20Commission of Baldwin County on the effective date of this act. Their terms on the Planning

21Commission shall run concurrently with their existing terms on the county Planning

22Commission. A minimum of eight (8) members of the Planning Commission shall be qualified

23electors from the unincorporated areas of Baldwin County. A maximum of one (1) regular

24member of the Planning Commission may be a qualified elector of Baldwin County who resides

25in the corporate limits of a municipality in Baldwin County. All regular members shall be

26appointed by the Baldwin County Commission for a term of four years. Upon the affirmative

27vote of a majority of the qualified electors in a district election held pursuant to 45-2-261.07, the

28membership of the Planning Commission shall be increased by appointment by the county

29commission of a qualified elector from that district for a temporary one-time term of three years.

30In the event of any vacancy on the Planning Commission, such vacancy shall be filled by

31appointment of the Baldwin County Commission. The Baldwin County Commission may

32remove any member for cause upon written charges and after a public hearing. All members

33shall serve without compensation, and no member shall be a county officer or employee;

34however, reasonable and necessary expenses of the members of the Planning Commission shall

35be paid from the General Fund of Baldwin County.”

36 Section 2. The jurisdiction of the planning commission for planning and zoning by

37district pursuant to Section 45-2-261.07 shall apply to all unincorporated areas of Baldwin

38County. The planning commission shall not have authority over removal of natural resources

39growing on, placed on, or naturally existing on or under private lands or properties except dirt

40pits or strip mines. Provided further, that any owner of record of real property upon the date of

41the adoption by the Baldwin County Commission of the zoning ordinance for the district in

42which the property is located shall automatically obtain a variance, if needed, for a single family
43dwelling notwithstanding the type of dwelling to be placed or constructed on the property. The

44Baldwin County Commission may enter into agreements with municipalities for planning

45purposes with the extraterritorial planning jurisdiction of the municipalities. The county

46commission may designate the planning commission to administer subdivision regulations

47adopted pursuant to the provisions of Sections 11-19-1 to 11-19-24, inclusive, and 11-24-1 to 11-

4824-7, inclusive, and Act 1094 of the 1973 Regular Session (Acts 1973, p. 1860).

49 Section 3. Building permits shall be issued based on subdivision regulations in effect

50on date of purchase, acquisition or receipt of title by any means to a residential lot. Nothing

51contained herein shall be interpreted to allow enforcement of requirements retroactive prior to

52the date of acquisition except building code requirements adopted subsequent to acquisition

53pertaining to height, construction standards and specifications limited only to improvements.

54Any interpretations of this act or rules and regulations authorized herein shall be liberally

55construed in favor of the property owner.

56 Section 4. This act shall become effective on June 1, 2010, following its passage and

57approval by the Governor, or its otherwise becoming law.