HB283 Alabama 2016 Session

Summary

Primary Sponsor

Dimitri Polizos

Republican

Session

Regular Session 2016

Title

Montgomery County Planning Commission established for unincorporated areas of county, members, adoption of master plan and zoning regulations, elections for voting precincts to come under law, variances, appeals

Summary

HB283 would create a Montgomery County Planning Commission to develop a master plan and zoning rules for the county’s unincorporated areas, with precinct-by-precinct voter approvals required before those rules take effect and a defined appeals process.

What This Bill Does

It establishes a seven-member planning commission focused on unincorporated Montgomery County, with authority to adopt a master plan and zoning regulations and to amend them. Zoning authority would be exclusive to unincorporated areas, and regulations cannot be retroactive. Before any rules apply to a precinct, residents must vote in a special election after a petition is filed; if approved, the rules apply to that precinct and can be amended with public notice, hearings, and a vote by the county commission; aggrieved parties can appeal first to the county commission and then to the circuit court.

Who It Affects

• Residents and voters in the unincorporated areas of Montgomery County, who could see land-use rules and a master plan governing their property, and who must sign petitions and vote in precinct elections to apply the planning authority.
• Property owners, developers, and local officials in unincorporated Montgomery County, who would be subject to the master plan and zoning regulations, enforcement provisions, and the appeals process (to county then circuit court).

Key Provisions

• Section 1-3: Creates the Montgomery County Planning Commission, defines jurisdiction over unincorporated areas, and sets up its leadership and meeting requirements.
• Section 5-7: Authorizes a master plan and zoning regulations for unincorporated areas; requires precinct-by-precinct elections to apply authority, with petitions needing at least 25% of qualified voters and notices published; elections occur 30-45 days after petition and ballot is yes/no.
• Section 10-11: Establishes exclusive zoning authority for unincorporated areas; requires public notice and hearings for any changes after a precinct adopts the regulations; changes require approval by a majority of the county commission.
• Section 13-14: Allows planning commission to grant special exceptions and variances under safeguards; provides an appeals process from planning commission decisions to the county commission and then to the Circuit Court, with timelines and required notices.
• Section 12, 15-17: Sets enforcement provisions for violations, severability, jurisdictional notes affecting the City of Montgomery, and the act’s effective date.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Montgomery County