Code of Alabama - Title 45: Local Laws - Section 45-49-261.01 - Creation; jurisdiction; powers and duties

Section 45-49-261.01 - Creation; jurisdiction; powers and duties.

(a) There is created a planning and zoning commission for Mobile County which commission shall be appointed as provided and shall have responsibilities and duties as stated in this part. The commission shall be known as the North Mobile County Planning and Zoning Commission hereinafter referred to as the planning commission.

(b) The jurisdiction of the planning commission for planning and zoning pursuant to this part shall be adjacent lands located within one-quarter mile on either side of intersecting U.S. Highway 43 in Mobile County not located in the corporate limits of any municipality.

(c) 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. Undeveloped land or land zoned or used for agricultural purposes or timber growing may automatically remain classified and assessed for the same use or may be rezoned for single-family use upon the request by the owner. Any owner of record of real property within the planning jurisdiction 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. The Mobile County Commission may enter into agreements with municipalities for planning purposes with the extraterritorial planning jurisdiction of the municipalities. The county commission may designate the planning commission to administer subdivision regulations adopted pursuant to Sections 11-19-1 to 11-19-24, inclusive, and 11-24-1 to 11-24-7, inclusive.

(d) The planning commission shall adopt bylaws to administer this part. The planning commission shall elect its chair and create and fill other offices as it may determine. The term of the chair shall be for one year, with eligibility for reelection. The planning commission shall hold at least one regular meeting each month and shall keep a record of its resolutions and actions, all of which shall be a public record. A majority of the members on the planning commission shall be required to constitute a quorum to transact the business of the planning commission.

(Act 2009-782, p. 2456, §2.)

Last modified: May 3, 2021