Title 11 — Title 11

When used in this chapter, the following words or phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) MUNICIPALITY or MUNICIPAL. Cities or towns. (2) MAYOR. The chief executive of the municipality, whether the official desi…

by Commission - Procedure for Adoption, Etc. The commission may adopt the plan as a whole by a single resolution or may by successive resolutions adopt successive parts of the plan, said parts corresponding with major geographical sections or divisions of the municipality or with…

Submitted for Approval of Commission After Adoption of Master Plan; Overruling of Commission. Whenever the commission shall have adopted the master plan of the municipality or of one or more major sections or districts thereof, no street, square, park, or other public way, ground…

Created Pursuant to Section 11-52-3. (a) The governing body of any Class 3 municipality may determine by ordinance that any planning commission of the municipality created pursuant to the provisions of Section 11-52-3 shall consist of 12 members: Namely, the mayor, or at the disc…

(a) The governing body of any Class 5 municipality may determine by ordinance that any planning commission of the municipality created pursuant to the provisions of Section 11-52-3, shall consist of nine members: Namely, eight members appointed by the governing body representing …

Having City Manager, Mayor Commission Form of Government. (a) When used in this section, the words municipality, municipalities, mayor, and council shall have the meanings as provided for in Section 11-52-1. (b)(1) The council of any Class 5 municipality with a city manager, mayo…

A Class 6 municipality with a council-manager form of government may provide by ordinance for the members of the municipal planning commission, upon the expiration of the current term of office for the current members, to be appointed by the city council in lieu of appointment in…

(a) The governing body of any Class 6 municipality may determine by ordinance that the planning commission of the municipality, created under authority of Section 11-52-3, shall consist of seven voting members appointed as follows: (1) Six members appointed by the mayor. (2) One …

of Municipal Planning Commission Authorized; Designations of Planning Commissions. (a) Any municipality is hereby authorized and empowered to make, adopt, amend, extend, add to, or carry out a municipal plan as provided in this article and to create by ordinance a planning commis…

Appointment, Terms of Office, Compensation, and Removal of Members; Vacancies. (a) The commission shall consist of nine members: The mayor, or his or her designee, one of the administrative officials of the municipality selected by the mayor, a member of the council to be selecte…

In a Class 2 municipality, two additional members of the municipal planning commission created under Section 11-52-3, shall be appointed by the mayor and shall reside outside the corporate limits of the municipality, but within the territorial jurisdiction of the planning commiss…

Plats; Limits on Exercise of Powers. (a)(1) Except as otherwise provided herein, the planning jurisdiction of any municipal planning commission shall include all land located in the corporate limits of the municipality and all land lying within the police jurisdiction of the muni…

Contents of Regulations; Bond. (a) Except where the county commission is responsible for the regulation of subdivision regulations within the territorial jurisdiction of a municipal planning commission pursuant to Section 11-52-30, the municipal planning commission shall adopt su…

Generally; Legal Effect of Approval of Plan; Powers of Planning Commission as to Subdivision Zoning Generally; Approval or Disapproval of Plat by Committee of Planning Commission in Certain Cities. THIS SECTION WAS AMENDED BY ACT 2012-297 IN THE 2012 REGULAR SESSION, EFFECTIVE OC…

Prior to Approval of Plat. (a) Where the regulation of a subdivision development is the responsibility of the municipal planning commission, if the owner or agent of the owner of any land located within a subdivision conveys, transfers, or sells any land by reference to or exhibi…

(a) Sections 11-52-1, 11-52-30, 11-52-31, 11-52-32, and 11-52-33 shall not affect any application for development or any subdivision filed prior to October 1, 2012. (b) Additionally, in the event the municipal planning commission lawfully assumes the authority to exercise control…

Major Street Plan Adopted by Planning Commission until Street Accepted, Etc. The municipality shall not accept, lay out, open, improve, grade, pave, curb, or light any street or lay or authorize water mains or sewers or connection to be laid in any street within any portion of te…

Which Major Street Plan Adopted until Street Providing Access to Proposed Building Accepted, Etc. From and after the time when a planning commission shall have adopted a major street plan of the territory within its subdivision jurisdiction or part thereof, no building shall be e…

Controlled Under Section 11-52-31 Exclusive; Status of Other Existing Platting or Subdivision Statutes. Repealed by Act 2012-297, §4, effective October 1, 2012. History: (Acts 1935, No. 534, p. 1126; Code 1940, T. 37, §803.)

Meetings; Adoption of Rules of Procedure; Maintenance of Record of Resolutions, Transactions, Etc. The commission shall elect its chairman from among the appointed members and create and fill such other of its offices as it may determine. The term of office of the chairman shall …

Contracts with Consultants, Etc.; Expenditure of Funds. (a) The commission may appoint such employees as it may deem necessary for its work, whose appointment, promotion, demotion, and removal shall be subject to the same provisions of law as govern other corresponding civil empl…

Between Planning Commission and Landowners as to Releases of Claims for Damages or Compensation for Reservations; Abandonment of Reservations. Any municipal planning commission is empowered, after it shall have adopted a major street plan of the territory within its subdivision j…

Hearing Upon Claims for Compensation for Reservations; Establishment of Amount of Compensation by Board of Appraisers; Liability of Municipality to Property Owners for Expenses Upon Abandonment of Reservation. In the resolution of adoption of a plat the council shall appoint a bo…

Report and of Period for Filing Objections Thereto; Meeting of Board of Appraisers as to Objections and Transmittal of Report to Council; Approval or Disapproval of Report by Council; Payment of Compensation to Property Owners Generally; Effect of Failure of Council to Approve Re…

Within 20 days after the approval of any such report by the council, any person dissatisfied with the award of compensation therein contained may file with the clerk of the council notice of appeal to the court of the county in which the appellant’s land is located having jurisdi…

Thereof; Compensation Not to Be Paid or Recovered for Taking of or Injury to Buildings, Etc., Erected on Lands During Reservation Period. The reservation of a street location as provided in Section 11-52-50 shall not be deemed to prohibit or impair in any respect the use of the r…

(a) In general, the commission shall have such powers as may be necessary to enable it to fulfill its functions, promote municipal planning or carry out the purposes of this chapter. (b) The commission shall have power to promote public interest in and understanding of the master…

The commission shall have all powers heretofore granted by law to the zoning commission of the municipality and, from and after the creation of a planning commission in such municipality, all powers and records of the zoning commission shall be transferred to the planning commiss…

Provision as to Type, Use, Etc., of Structures and Improvements to Be Erected Therein, Etc., Authorized Generally. Each municipal corporation in the State of Alabama may divide the territory within its corporate limits into business, industrial and residential zones or districts …

For any or all of said purposes the local legislative body may divide the municipality into districts of such number, shape, and area as may be deemed best suited to carry out the purposes of this article, and within such districts it may regulate and restrict the erection, const…

Establishment Thereof Generally. Such regulations shall be made in accordance with a comprehensive plan and designed to lessen congestion in the streets, to secure safety from fire, panic and other dangers, to promote health and the general welfare, to provide adequate light and …

Lots, Density of Population, Etc., Authorized. For the purpose of promoting the health, safety, morals, or general welfare of the community, the legislative body of incorporated cities and towns is hereby empowered to regulate and restrict the height, number of stories and size o…

Residential Districts. For the promotion of the public peace, order, safety, or general welfare, such municipal corporations may, within residential districts established pursuant to this article, further regulate as to the housing or residence therein of the different classes of…

Multi-Family Zone. (a) It is the express intent of the Legislature to abolish and prohibit any zoning law, ordinance, or regulation which prevents or prohibits mentally retarded or mentally ill persons from living in a natural residential environment zoned “multi-family.” Zoning …

Enforcement, Amendment, Etc., of Regulations, Restrictions and District Boundaries Generally; Adoption of Ordinances for Implementation of Article Generally. The legislative body of such municipality shall provide for the manner in which such regulations and restrictions and the …

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…

Boundaries and Ordinances. Such regulations, restrictions, and boundaries and ordinances passed under the authority of this article may from time to time be amended, supplemented, changed, modified, or repealed. The provisions of Section 11-52-77 relative to public hearings and o…

In availing itself of the powers conferred by this article, the legislative body of any incorporated city or town may appoint a commission, to be known as the zoning commission, to recommend the boundaries of the various original districts and appropriate regulations to be enforc…

by Commission - Authorization and Procedure Generally; Contents of Plan. (a) It shall be the function and duty of the commission to make and adopt a master plan for the physical development of the municipality, including any areas outside of its boundaries which, in the commissio…

Appointment, Terms of Office and Removal of Members; Vacancies; Adoption of Rules of Procedure; Meetings; Record of Proceedings; Procedure for Appeals to Board from Decisions of Administrative Officials; Powers of Board as to Appeals. (a) In availing itself of the powers conferre…

Modifying Decisions, Etc.; Terms of Planning Commission Members Terminated; Duties, Powers, Etc. (a) When used in this section, the words municipality, municipalities, and mayor shall have the meanings as provided for in Section 11-52-1. (b) The council of any Class 5 municipalit…

Board of Adjustment. (a) Any party aggrieved by any final decision of a board of zoning adjustment may appeal the final decision of the board by filing an appeal in the circuit court in the county where the board convenes. The aggrieved party shall first file a written notice of …

Etc., of Buildings, Sizes of Lots, Etc., to Govern Where Conflict Between Regulations Authorized by Article and Other Statutes, Ordinances, or Regulations. Wherever the regulations made under authority of this article require a greater width or size of yards or courts or other op…

in Violation of Article or Ordinance, Regulation, Etc., Adopted Under Authority of Article. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained or any building, structure, or land is used in violation of this artic…

District Boundaries, or Ordinances. Nothing contained in this article shall be held to repeal, modify, or change in any way any regulations, restrictions, boundaries, or ordinances now existing or in force in any incorporated city or town in this state, and this article shall not…

(a) A municipality which exercises its authority to zone territory within its corporate limits may pre-zone territory proposed for annexation into the corporate limits of the municipality prior to the effective date of the annexation by complying with this article. If all the req…

by Commission - Conduct of Surveys and Studies; Purpose of Plan. In the preparation of such plans the commission shall make careful and comprehensive surveys and studies of present conditions and future growth of the municipality and with due regard to its relation to neighboring…