Zoning Authority in Certain Municipalities Incorporated After 1990.

Ala. Code tit. 11, tit. 2, ch. 40, art. 5

in effect

Ala. Code § 11-40-80 Applicability.

11-40-80. Applicability. This article shall apply to all municipalities in this state incorporated after 1990 which are located in a county in which another municipality in that county has zoning authority in its police jurisdiction. (Act 2019-251, §1.)

Ala. Code § 11-40-81 Division of Territory Within Police Jurisdiction; Municipal Zoning Authority.

11-40-81. Division of Territory Within Police Jurisdiction; Municipal Zoning Authority. (a) Any municipality in this state incorporated after 1990, which is located in a county in which another municipality in that county has zoning authority in its police jurisdiction, may divide the territory within its police jurisdiction into business, industrial, and residential zones or districts and, at its option, may provide the kind, character, and use of structures and improvements that may be erected or made within the several zones or districts established and, from time to time, may rearrange or alter the boundaries of the zones or districts and may also adopt ordinances as are necessary to implement and administer this article. It is the intent of this article to grant any municipality to which this article applies full zoning authority within its police jurisdiction to the same extent as the municipality exercises that authority within its corporate limits. (b) This article shall not affect the right of the owner or owners of property located within the police jurisdiction of a municipality to which this article applies to continue to use the property as it is being used on the date of the enactment of any zoning ordinance applicable to the property until the owner or owners of the property seek to change the use of the property. (Act 2019-251, §2.)

Ala. Code § 11-40-82 Zoning Authority in Overlapping Police Jurisdictions - Authorized.

11-40-82. Zoning Authority in Overlapping Police Jurisdictions - Authorized. In the event the police jurisdiction of any municipality to which this article applies overlaps with the police jurisdiction of another municipality in the county that has zoning authority in its police jurisdiction, the governing body of each municipality may exercise the zoning authority in the overlapping portions of its police jurisdiction to a boundary which is equidistant from the respective corporate limits of each municipality that has an overlapping police jurisdiction. Nothing in this section prevents neighboring municipalities from entering into cooperative agreements as to which municipality will exercise zoning authority in the areas of overlapping police jurisdiction. (Act 2019-251, §3.)

Ala. Code § 11-40-83 Zoning Authority in Overlapping Police Jurisdictions - Zoning Disputes Between Municipalities.

11-40-83. Zoning Authority in Overlapping Police Jurisdictions - Zoning Disputes Between Municipalities. Notwithstanding Section 11-40-82, in the overlapping areas of the police jurisdiction of the municipalities, each municipality may object to a zoning decision of the other municipality in the overlapping areas. In that case, the objecting municipality shall notify the other municipality of its objection and the zoning dispute shall be resolved by a panel consisting of the mayors of the two municipalities and the chair of the county commission of the county where the property involved in the zoning dispute is located. (Act 2019-251, §4.)

Ala. Code § 11-40-84 Relation to Chapter 52.

11-40-84. Relation to Chapter 52. Any zoning authority authorized pursuant to this article shall be undertaken in accordance with Chapter 52 of this title. (Act 2019-251, §5.)

Source: Alabama Legislature (alison.legislature.state.al.us)URL: https://alison.legislature.state.al.us/code-of-alabamaFetched: 10/20/2026