Planning & Zoning Basics For Baldwin County’s Growth and Development BALDWIN COUNTY COMMISSION PLANNING AND ZONING DEPARTMENT Planning Director Wayne Dyess, AICP Baldwin County Association of Realtors November 16, 2006

What is Zoning? Zoning Zoning is a system of land use regulation that governs the size, shape and types of activities that are allowed for lots and structures. Zoning Zoning is based on local governments’ police power jurisdiction to control nuisances. Zoning Ordinances Zoning Ordinances standardize the use and development of property to make the most appropriate use of the land.

Zoning District Example Map

Zoning’s Beginnings in the U.S. Nation’s interest began in 1910’s. New York City adopted the first city-wide zoning regulations in 1916, which became the framework for the rest of the nation to follow. Landmark Supreme Court Case: Village of Euclid, Ohio v. Ambler Realty Co., “A nuisance may be merely a right thing in the wrong place, like a pig in a parlor instead of a barnyard.”

Baldwin’s Beginnings Alabama Legislature laid the foundation for zoning in the Code of Alabama 1975 with “Comprehensive Land-Use Management In Flood-Prone Areas.” The Baldwin County Planning and Zoning Department was established in 1996 to oversee the county’s growth management activities. Today,17 of the County’s 30 planning districts have voted to enact zoning.

Baldwin County Zoning Regulations Designed to guide the area’s growth and development to protect the health, safety and welfare of its residents. Two parts to the Regulations 1.) Zoning map defines the zoning district boundaries 2.) Textual ordinances are the actual zoning law. Valid only within the unincorporated planning districts where a majority of qualified voters elected to institute County zoning.

Zoning Bodies County Commission The four-member County Commission, each Commissioner is elected by a county-wide vote. Planning Commission The Planning Commission is made up of no less than eight qualified voters living within the unincorporated areas of Baldwin County. Boards of Adjustment Each of the four Boards of Adjustment contain members appointed by the County Commission for those planning districts that have enacted zoning. The boards’ jurisdiction corresponds with the county commission districts. Advisory Committee A five-member Advisory Committee is appointed for each district by the County Commission.

The Five Steps to Zoning A Citizen-Driven Process 1.) Petition 2.) Vote 3.) Advisory Committee 4.) Planning Commission 5.) County Commission

1.) PETITION 2.) VOTE 1.) PETITION – At least 10 percent of the qualified voters living within the planning district must sign and submit a petition to the Baldwin County Commission showing their desire to enact County zoning ordinances. 2.) VOTE – The referendum is open to all eligible voters living in the planning district and a majority of the qualified voters participating in the zoning referendum must vote in favor of instituting County zoning. If a referendum fails, another referendum cannot be held for one year.

3.) ADVISORY COMMITTEE 3.) ADVISORY COMMITTEE – The County Commission appoints the five-person committee for local input to create a zoning map and textual ordinances for their planning district.

4.) PLANNING COMMISSION 4.) PLANNING COMMISSION – Will hold a public hearing on the proposed zoning map after the district’s Advisory Committee has completed a draft of the zoning map and textual regulations. 5.) COUNTY COMMISSION 5.) COUNTY COMMISSION –Will hold a separate public hearing on the proposed zoning map before taking any action. Once the zoning map and textual ordinances have been adopted by the County Commission, zoning will be officially implemented in the district.

Zoning Ordinances At Work Compliance and Change to Zoning Designations and Regulations

Zoning Compliance “Grandfathered” Development Non-conforming use or structure is a legal violation of the zoning ordinances. Zoning District Conditions 25 different zoning districts throughout Baldwin County. Property Owners’ Use By Right is a development allowed by the regulations with minimal review. A Land Use Certificate must be obtained before the commencement of development or any building permit is issued.

Special Exception Special Exception - A land use, with a localized effect, not originally permitted in a district. Is dissimilar in nature, but a desired land use in that district. Requires approval from the district’s Board of Adjustment. Conditional Use Conditional Use - A land use not originally permitted within a planning district, with a larger range of impact than a special exception. Requires approval from the Planning Commission. Zoning Ordinance Provisions

Variances A waiver from a certain requirement related to the property’s zoning designation. Building and structural setback requirements Lot dimensions Building height Open space Parking requirements Granted only if regulation enforcement will create an unnecessary hardship. Requires approval from the Board of Adjustment. Exceptional narrowness, shallowness or shape Exceptional topographic conditions Preservation of a property right and not a convenience Standards for Approval

Rezoning A change from the property’s current zoning classification, that is made as an amendment to the zoning district boundaries as delineated on the zoning map. Planning Commission makes a recommendation to the County Commission for the final decision. Limitations on rezoning all or part of the same land. Compatibility with surrounding property Consistency with area development patterns Change in conditions since the original zoning established. Environmental Conditions Conformity to Master Plan Standards for Approval

Baldwin County’s Zoning Future District 12 Zoning Finalized Planning District 10 Advisory Committee Comprehensive Planning Division Baldwin County’s 10-Year Strategic Plan

For more information… Newly updated Zoning Regulations Updated Website: Planning & Zoning and Subdivision LISTSERVs Citizen’s Guide to Zoning and Supplemental Materials Planning and Zoning Staff

Foley Satellite Office 201 East Section Street Foley, AL (251) Main Office – Bay Minette 312 Courthouse Square, Suite 18 Bay Minette, AL (251) Fairhope Satellite Office 1100 Fairhope Avenue Fairhope, AL (251) BALDWIN COUNTY COMMISSION PLANNING AND ZONING DEPARTMENT