§ 11-52-77 — Procedure for Adoption of Ordinances Authorized by Article

Alabama § 11-52-77

• Jurisdiction: Alabama
• Title 11: Counties and Municipal Corporations
• Ch. 52: Planning, Zoning and Subdivisions
• Art. 4: Zoning

Text

No ordinance shall be passed by any municipal corporation under the authority of this article unless and until the municipal governing body has complied with the procedures set forth in either subdivision (1) or subdivision (2) of this section.
(1) Prior to adoption, the proposed ordinance shall be published in full for one insertion and an additional insertion of a synopsis of the proposed ordinance, one week after the first insertion, which synopsis shall refer to the date and name of the newspaper in which the proposed ordinance was first published; both such insertions shall be at least 15 days in advance of its passage and in a newspaper of general circulation published within the municipality, or, if there is no such newspaper, then by posting the proposed ordinance in four conspicuous places within the municipality, together with a notice stating the time and place that the ordinance is to be considered by the municipal legislative authorities and stating further that at such time and place all persons who desire shall have an opportunity of being heard in opposition to or in favor of such ordinance.
(2) Prior to adoption, notice that an ordinance will be considered shall be published for three consecutive weeks in a newspaper of general circulation in the county. The notice shall include the following information:
a. A provision that an ordinance proposing to zone or rezone property will be considered by the municipal governing body pursuant to this section and that a copy of the proposed ordinance is available for public inspection at the city or town hall;
b. The location of the city or town hall;
c. A map showing the location of the property;
d. A general description of the property proposed to be zoned or rezoned including the common name by which the property is known; and
e. The time and place where all persons may be heard in opposition to or in favor of the ordinance.
The notice required by this subdivision shall be published in the legal section of the publication in standard form. In addition, the same notice shall also be published one time in the regular section of the newspaper which notice shall be in the form of at least a one-quarter page advertisement.
(3) No such ordinance shall become effective until after a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard.

Legislative History

(Acts 1935, No. 533, p. 1121; Code 1940, T. 37, §778; Acts 1964, 1st Ex. Sess., No. 252, p. 348, §2; Acts 1981, 3rd Ex. Sess., No. 81-1191, p. 524, §2; Acts 1995, No. 95-395, p. 806, §1.)