Planning & Zoning BasicsPlanning & Zoning BasicsFor Baldwin County’s Growth and DevelopmentFor Baldwin County’s Growth and Development

BALDWIN COUNTY COMMISSION

PLANNING AND ZONING DEPARTMENT

Planning Director Wayne Dyess, AICPBaldwin County Association of Realtors

November 16, 2006

What is Zoning?What is Zoning?

ZoningZoning is a system of land use regulation that governs the size, shape and types of activities that are allowed for lots and structures.

ZoningZoning is based on local governments’ police power jurisdiction to control nuisances.

Zoning OrdinancesZoning 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.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., 1926.

““A nuisance may be merely a right thing in the wrong A nuisance may be merely a right thing in the wrong place, like a pig in a parlor instead of a barnyard.”place, like a pig in a parlor instead of a barnyard.”

Baldwin’s BeginningsBaldwin’s BeginningsAlabama 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 RegulationsBaldwin 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 BodiesZoning Bodies

The four-member County CommissionCounty Commission, each Commissioner is elected by a county-wide vote.

The Planning CommissionPlanning Commission is made up of no less than eight qualified voters living within the unincorporated areas of Baldwin County.

Each of the four Boards of AdjustmentBoards 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.

A five-member Advisory CommitteeAdvisory Committee is appointed for each district by the County Commission.

The Five Steps to The Five Steps to ZoningZoning

A Citizen-Driven ProcessA Citizen-Driven Process

1.) Petition1.) Petition

2.) Vote2.) Vote

3.) Advisory Committee3.) Advisory Committee

4.) Planning Commission4.) Planning Commission

5.) County Commission5.) County Commission

1.) PETITION1.) 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.) VOTE2.) 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 3.) ADVISORY COMMITTEECOMMITTEE – 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 COMMISSION4.) 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 COMMISSION5.) 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 WorkZoning Ordinances At WorkCompliance and Change to Zoning Designations and

Regulations

Zoning ComplianceZoning 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 ExceptionSpecial 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 UseConditional 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 ProvisionsZoning Ordinance Provisions

VariancesVariancesA 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

RezoningRezoningA 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 FutureBaldwin 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…For more information…Newly updated Zoning Regulations

Updated Website:www.planning.co.baldwin.al.uswww.planning.co.baldwin.al.us

Planning & Zoning and Subdivision LISTSERVs

Citizen’s Guide to Zoning and Supplemental Materials

Planning and Zoning Staff

Foley Satellite OfficeFoley Satellite Office201 East Section Street

Foley, AL 36535

(251) 972-8523

Main Office – Bay MinetteMain Office – Bay Minette312 Courthouse Square, Suite 18

Bay Minette, AL 36507

(251) 580-1655

Fairhope Satellite OfficeFairhope Satellite Office1100 Fairhope Avenue

Fairhope, AL 36532

(251) 990-4623

BALDWIN COUNTY COMMISSION

PLANNING AND ZONING DEPARTMENT