Zoning is a tool that examines whether a proposed development (or use) of a piece of property is compatible with other developments/uses of surrounding property, while also providing members of the community with an opportunity to provide input on proposed uses.

No. In Baldwin County taxes are assessed on current use of the property regardless of whether the property is zoned or unzoned. For example, if a property is zoned commercial and is being used agriculturally the taxes will be assessed as agriculture property. A $10 per-parcel fee may be levied for a 2-year period after the vote.

Any existing structures-homes, commercial buildings, accessory structures, etc., will receive a "grandfathered" status. The new zoning ordinances will apply only to new development and changes/renovations to existing structures and uses. The "grandfathered" status of an existing use or structure will remain until a change occurs such as abandonment, severe damage, proposed expansion, etc.

If you have an existing dwelling or business with no plans to expand the structure or change the use, you may not even realize you are zoned. But, if you are building a new structure such as a house, barn, pool, or if you are adding to an existing structure, you would simply need to obtain a site plan approval from the Planning and Zoning Department before you apply for a building permit.

Zoning may also affect you if there is a rezoning application for your district. If so, you will be able to attend the public hearings at the Planning Commission and County Commission meetings to voice your support or objection to that rezoning. In an unzoned community, no public hearing is held for large commercial developments, and therefore the public has no opportunity to give input. When a subdivision proposal is heard in an unzoned community, a public hearing is held, but the Planning Commission cannot consider citizen concerns about compatibility or impact to community character.

For zoning proposals in rural areas, the Baldwin County Planning and Zoning Department has created a special zoning district called "Base Community Zoning." This zoning focuses on protecting existing uses and minimize the impact of the Zoning Ordinance until you attempt to change that use. Base Community Zoning is essentially a three-page, simple Zoning Ordinance. This simple zoning applies until someone proposes a non-exempt subdivision or another major use/intensity change (such as developing a gas station on undeveloped land, etc.). The current Base Community Zoning language can be viewed in Section 3.4 of the Zoning Ordinance.

Under Base Community Zoning, someone who lives in a home and wants to add a house, barn, or pool would go straight to the Building Department to obtain a building permit. No permit would be required from Planning and Zoning. The Building Department will work with Planning and Zoning to make sure the structure meets basic setbacks (5' for accessory structures), that the accessory structure is not located in the front yard, and that the structure is not located with 50' of potential wetlands.

Under Base Community Zoning, someone who lives in a home and wants to expand their home would go straight to the Building Department to obtain a building permit. Again, the Building Department will work with Planning and Zoning to make sure the structure meets basic setbacks (10' side & 30' front and rear for primary structures such as a home) and that the structure is not located with 50' of potential wetlands.

The land disturbance requirements for a Base Community Zoning parcel are the same as for an unzoned parcel. Under Base Community Zoning, someone who plans to disturb land (really anything that turns up ground material, moves material, or bring in new fill material) within 50' of a potential wetland (as displayed on the County's potential wetland map), must obtain an "Unzoned Land Disturbance Permit". This permit is required, whether or not you live in a zoned area, for any land disturbance within 50' of potential wetlands. Not permit is required for land disturbance more than 50' from potential wetlands.

If someone finds that they do need to disturb soil within 50' of a potential wetland (again this applies whether or not you are zoned) that individual will need to obtain a wetland delineation of their property to determine the actual location of wetlands. Once located, certain minimal disturbance can occur up to the wetland edge (See Section 13.12.2 of the Zoning Ordinance). No fill can occur within the wetland without additional permits from the US Army Corps of Engineers.

Zoning may be modified over time in response to the changing conditions within a community--the community's needs, population, or policies--through zoning map/text amendments. Zoning is not a means for a community to remain static but can be used to preserve a sense of place and quality of life. All zoning map amendments (rezonings) follow an established procedure, which includes notice and advertisement of the proposed change and public hearings before both the Planning Commission and the Baldwin County Commission prior to any final decision on the rezoning request.

Annexation has nothing to do with zoning. Property can be annexed whether it is zoned or unzoned. Zoning will not cause or prevent annexation into a municipality.

Zoning does make it more difficult to place an intense use (such as a land fill) near less intense uses (like residential homes). However, owners have a right to use their property whether that property is zoned or unzoned. Zoned property simply has uniform guidelines, such as setbacks or density limitations that help protect the property owners and their neighbors from incompatible or inappropriate uses.

Some would argue that zoning gives new rights to property owners by making the development process open and public. Zoning gives the community the right to have a voice in how their community develops. The initial zoning map is created by a community-based Advisory Committee and is approved during a public hearing. Any proposed changes to the map or ordinance go through a public hearing and the community is given time to speak about the proposed rezoning.

If the voters elect to come under the planning and zoning jurisdiction of Baldwin County, five registered voters from the district will then be appointed to form an Advisory Committee. The Advisory Committee will work with County staff to examine current uses, lot sizes, and similar factors. The Committee will then recommend zoning designations for each parcel based on this analysis. 

The County Planning Commission will review the recommendation and make its own recommendation to the Baldwin County Commission.  The Baldwin County Commission will make the final determination based the recommendations of the Advisory Committee and the Planning Commission.  

If the voters elect to come under the planning and zoning jurisdiction of the County, a 180-day moratorium will be imposed on new structures and land uses in the new district.

However, the moratorium does not apply to the following:

1. Applications properly submitted prior to the "Yes" vote for zoning;

2. Family division of land;

3. Subdivision of land by court order;

4. Building permits for single family homes or accessory structures.

If a complete application for a subdivision or development is received by the County prior to the zoning vote, and the application is properly advanced, the proposed subdivision or development will not be stopped or impacted by the new zoning. 

Yes. Every zoned district has "local provisions" which allow the community to customize the rules to meet specific community needs (i.e. prohibiting landfills, etc.)

For zoning to help preserve a community's unique qualities, there must be a mechanism to review proposed changes in zoned areas. Except for small changes within Base Community Zoning areas, the Planning and Zoning Department administers a site plan approval process to ensure the Zoning Ordinance is followed. These applications generally fall into three basic categories:

1. Administrative Site Plan Approval ( for most residential projects - $25 fee)

2. Commission Site Plan Approval ( for larger commercial projects- per sqft. fee)

3. Land Disturbance Permit (if soil added or removed - $25 fee per activity)

All application fees are listed on the Planning and Zoning website.

Most of the zoning districts prohibit the parking of "junked vehicles" or vehicles without a current license on residentially zoned property. If the Planning and Zoning Department receives a complaint about a junky yard, a code enforcement team member will determine whether the junked vehicle prohibition applies and then contact Baldwin County Solid Waste, the Health Department, and the Alabama Department of Environmental Management to determine whether the property may be in violation of these regulations.

Finally, if the property is being operated commercially as a scrap yard or junk yard, the code enforcement team member will evaluate whether the property is properly zoned for that use.

Due to the size of Baldwin County, as of the date of this publication, the Planning and Zoning code enforcement team only responds to individual complaints from citizens. Team members do not go out "looking for violations." The code enforcement team's objective is compliance and team members work with citizens to help achieve compliance.

If a citizen calls in a potential zoning complaint to the County, a code enforcement team member will review the complaint and determine whether a potential violation exists. If the property appears to be in violation, the code enforcement team member will mail a Notice of Violation (NOV) to the owners as listed on the tax records. The NOV will explain the steps that a citizen needs to take to bring their property into compliance and the potential fine that may result from lack of compliance within a certain timeframe. Again, the Planning and Zoning Department rarely collects fines as long as there is a good faith effort to bring a property into compliance.