Meeting Type: BCC Regular Meeting
Meeting Date: 4/7/2026
Item Status: New
From: Jay Dickson, Planning Director
Submitted by: Brenda Brock, Planning Technician
______________________________________________________________________
ITEM TITLE
Title
Proposed Planning (Zoning) District 3 (Stockton) - Certification of Petition and Request for Zoning Election
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STAFF RECOMMENDATION
Recommendation
Pursuant to Alabama Code §45-2-261.07, take the following actions:
1) Adopt Resolution #2026-072 which certifies the accuracy of the petition for Zoning Election for Planning District 3; and
2) Instruct the Judge of Probate to provide a Zoning Election for Planning District 3, to be held no later than July 7, 2026.
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BACKGROUND INFORMATION
Background: Pursuant to Alabama Code §45-2-261.07, coming under zoning laws of Baldwin County Planning and Zoning Department is a citizen driven effort and must be initiated by qualified electors of the Planning District petitioning to come under Baldwin County zoning laws. The steps for exercising Zoning authority are found in the aforementioned section of the Code of Alabama and include:
A party or parties seeking to file a petition shall notify the County Commission in writing that the parties will petition for the formation of a Planning District and the proposed boundaries of the district.
Within 15 days of notice to the County Commission, the Judge of Probate shall give a preliminary estimate of the number of signatures needed to call the election. Ten percent of the qualified electors residing within the proposed planning district will need to sign the petition.
The County Commission shall notify the principal party in writing, within 30 days of written notification of intent to request a referendum, that the proposed district is acceptable for planning, zoning, and voting purposes, and shall provide forms for use in seeking the required signatures.
The party or parties will have 120 days to gather the signatures and file the petition. Upon receipt, the County Commission and Judge of Probate will have 45 days to certify or reject the accuracy of the petition. If the number of signatures is not sufficient, the party or parties will have an additional 60 days in which to obtain signatures and have the petition certified.
Upon certification, the County Commission shall instruct the Judge of Probate to provide for an election within the district no later than 90 days after certification. If the petition is not certified, a new petition cannot be refiled for two years.
On February 20, 2026, and further amended on February 27, 2026, Ms. Susan Burger, a qualified elector residing within Planning District 3, submitted to Baldwin County Planning & Zoning Department a notice of intent to request a referendum vote for Planning District 3 to come under zoning laws of Baldwin County. Based upon information provided by the Probate Office and the Board of Registrars, there are approximately 1,235 active registered voters within Planning District 3. As a result, 124 signatures (10 percent of the qualified electors) were needed for the petition.
On March 20, 2026, the parties seeking a zoning referendum submitted a petition. The Probate Office certified that the signatures of qualified electors submitted exceeded the minimum signatures necessary to meet the requirements of the Code of Alabama §45-2-261.07. On this basis, Planning and Zoning Staff respectfully request the County Commission certify the petition and instruct the Judge of Probate to provide for an election, in Planning District 3, to be held no later than July 7, 2026.
Previous Commission action/date: 03/03/2026 - Pursuant to Alabama Code §45-2-261.07, accepted the notice of intent to request a referendum for Planning and Zoning purposes for the current Planning District 3 as located in Voting Precincts 2 and 12.
FINANCIAL IMPACT
Total cost of recommendation: N/A
Budget line item(s) to be used: N/A
If this is not a budgeted expenditure, does the recommendation create a need for funding? N/A
LEGAL IMPACT
Is legal review necessary for this staff recommendation and related documents?
Yes
Reviewed/approved by: Brad Hicks, County Attorney, on 3/30/26.
Additional comments: N/A
ADVERTISING REQUIREMENTS
Is advertising required for this recommendation? N/A
If the proof of publication affidavit is not attached, list the reason: N/A
FOLLOW UP IMPLEMENTATION
For time-sensitive follow up, select deadline date for follow up: N/A
Individual(s) responsible for follow up: County Administration Staff
Action required (list contact persons/addresses if documents are to be mailed or emailed): Hand deliver signed resolution to Judge of Probate with instructions to provide for a zoning election in Planning District 3, to be held no later than July 7, 2026.
The Honorable Harry D’Olive
Judge of Probate
Baldwin County, Alabama
Post Office Box 459
Bay Minette, Alabama 36507
cc: Roger Rendleman
Frank Lundy
Jay Dickson
Brad Hicks
Tammy Chance
Additional instructions/notes: County Administration and Planning & Zoning Department - Provide support as needed to coordinate voting location(s).
Admin - place in tickler as reminder to notify polling location(s); update voting location files.