§ 45-58-260.07 — Elections to Determine Coverage by the Zoning Commission

Alabama § 45-58-260.07

• Jurisdiction: Alabama
• Title 45: Local Laws
• Ch. 58: Shelby County
• Art. 26: Zoning and Planning
• Part 1: Planning Commission

Text

(a)
Except where jurisdiction has been obtained by the commission pursuant to Section 45–58–260.02, the master plan and zoning regulations provided by the commission shall not be applicable in any beat of Shelby County until the majority of the qualified electors of the beat voting in a special election have signified by their vote that they desire the authority of the commission, its master plan, and the zoning regulations to apply to their beat. The election must be held not less than 90 days or more than 120 days after a petition seeking the election is filed in the office of the judge of probate. The petition shall be signed by at least 15 percent of the electors who reside within the beat and who own real estate located in the beat. Notice of the election shall be given by three weeks’ publication and posting notice in two public places within the beat. The cost of the election shall be paid from the General Fund of Shelby County. The ballot shall be so worded as to give the voter the opportunity to vote either ‘‘Yes’’ or ‘‘No’’ as to whether the voter wishes the authority of the commission, its master plan, and the zoning regulations to apply to the beat. Only those qualified electors residing outside of the municipal limits and in the unzoned portion of a beat shall be permitted to vote or sign a petition calling for the election in the beat concerned. If a statement to this fact is not on the ballot and the petition, the ballot and petition are invalid. Boundaries of the established area approved for zoning by the qualified electors shall not be changed. Any property which is legally zoned as provided herein shall remain zoned and subject to the zoning authority of Shelby County and the Shelby County Planning Commission even if beat lines are changed to remove the property from the beat in which it was located at the time zoning became effective. Elections for the same beat shall not be held any more often than every 730 days.
(b) Notwithstanding the approval at any election of the extension of the authority of the commission and its zoning regulations to the beat, applications for preliminary subdivision plats which substantially comply with subdivision regulations and which were filed and pending prior to the certification by the judge of probate of a petition for a zoning election as provided for herein shall vest in the applicant the right to proceed with the application process before the commission, and upon approval of the preliminary plat, the right to develop and complete the subdivision according to the plat without application of the zoning regulations to the plat; and any successor in interest to the land made the subject of the plat shall have the right to use and develop the land in accordance with the plat and subdivision restrictions without the application of the zoning regulations to the land.

Legislative History

(Act 82–693, 2nd Sp. Sess., p. 144, § 8; Act 82–771, 2nd Sp. Sess., p. 262, § 8; Act 84–454, p. 1062, § 1; Act 84–484, p. 1103, § 1; Act 85–465, p. 458, § 1; Act 89–673, p. 1336, § 1; Act 92–417, p. 848, § 1; Act 2004–431, p. 736, § 1.)