The Mobile County Commission shall not exercise its planning and zoning powers established hereunder until the majority of the qualified electors in the proposed planning jurisdiction shall have voted their desire to come within the planning and zoning authority of the Mobile County Commission. The election shall be held if 10 percent of the qualified electors in the planning jurisdiction submit a written petition to the county commission expressing a desire to be subject to the planning and zoning jurisdiction of the Mobile County Commission under authority of this part or upon a resolution of the county commission. The county commission and the Judge of Probate of Mobile County shall certify or reject the accuracy of the petition no later than 45 days after receiving the petition, or in the case of an election to be held by resolution of the county commission, the county commission shall certify the adoption of its resolution to the judge of probate. Upon certification, the county commission shall then instruct the Judge of Probate of Mobile County to provide for an election within the proposed planning jurisdiction no later than 90 days after the certification. Notice of the election shall be published four times during the 30-day period immediately preceding the date of the election in a newspaper of general circulation in Mobile County. In addition, the county commission shall notify by U.S. mail each elector in the proposed planning jurisdiction of the election and the process to obtain additional information. The notification shall state the date of the election and the polling place or places for voting. The judge of probate shall conduct the election. All costs for the notification and election shall be paid from the General Fund of Mobile County. If a majority of the qualified electors in the proposed planning jurisdiction vote in the negative in the election, then the proposed planning jurisdiction shall not be subject to the zoning and planning jurisdiction of the Mobile County Commission, and the qualified electors in the proposed planning jurisdiction shall not be eligible to petition for another election until one year from the date of the last election. If a majority of the qualified electors vote in the affirmative, then the planning jurisdiction shall be subject to the zoning and planning jurisdiction of the Mobile County Commission.
Last modified: May 3, 2021