Except where jurisdiction has been obtained by the planning commission pursuant to Section 45-44-260.02, the master plan and zoning regulations provided by the planning commission shall not be applicable in any beat of Macon 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 planning commission, its master plan, and the zoning regulations to apply in their beat. The election must be held not less than 30 or more than 45 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 25 percent of the electors who reside within the beat and who own real estate located within 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 the county. The ballot shall be worded to give the voter the opportunity to vote either "Yes" or "No" as to whether the voter wishes the authority of the planning commission, its master plan, and the zoning regulations to apply to the beat. Only those qualified electors residing outside of the municipal limits 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. Elections for the same beat shall not be held any more often than every 548 days.
Structure Code of Alabama
Article 26 - Zoning and Planning.
Section 45-44-260 - Creation of Planning Commission.
Section 45-44-260.01 - Composition of Planning Commission.
Section 45-44-260.02 - Jurisdiction of Planning Commission.
Section 45-44-260.03 - Organization; Recordkeeping.
Section 45-44-260.04 - Staff and Finances.
Section 45-44-260.05 - Powers and Duties of Planning Commission.
Section 45-44-260.06 - Master Plan and Zoning Regulations.
Section 45-44-260.07 - Election for Coverage.
Section 45-44-260.08 - Subdivision Regulations.
Section 45-44-260.09 - Zoning; Grant of Power.
Section 45-44-260.10 - Proposed Change in Zoning Regulations.
Section 45-44-260.11 - Zoning Regulations Not to Be Retroactive.
Section 45-44-260.12 - Remedies.