Alabama Administrative Code
Title 450 - ALABAMA DEPARTMENT OF TRANSPORTATION
Chapter 450-10-1 - PROCEDURE AND REQUIREMENTS FOR OUTDOOR ADVERTISING
Section 450-10-1-.02 - Definitions
Universal Citation: AL Admin Code R 450-10-1-.02
Current through Register Vol. 43, No. 02, November 27, 2024
(1) The following definitions, terms, words and phrases shall have the meanings given. These definitions are in addition to the definitions found in the Code of Ala. 1975, § 23-1-271.
(a)
Abandoned Sign:
Signs legally erected and in existence before adoption of the Highway
Beatification Act of 1972 or does not have a valid permit that are overgrown by
trees or vegetation not on the highway right-of-way which blocks visibility of
one-third or more of the advertising area, or has peeling, rusting, fading or
other wear effects that makes the advertising area illegible and which has
remained in such a condition for over one year or has had no legible message of
any type on the advertising in area for over one year.
(b)
Blank Sign: A
sign that is illegible, unable to convey its message or be clearly seen and/or
read by the motoring public of advertising matter or its message does not cover
more than one-third (1/3) of the area of the sign.
(c)
Conforming Sign:
A sign that complies with all provisions of the state law.
(d)
Department: The
Alabama Department of Transportation.
(e)
Destroyed sign:
A sign damaged by an Act of God, vandalism, fire, wind, flood, sabotage,
earthquake, or other catastrophic occurrences where the structure, message,
supports or stringers is damaged to the extent of 50% or more of the current
structural value as determined by an appraisal by ALDOT or its designated
agent(s).
(f)
Directional Sign: A sign containing directional
information about public places owned or operated by Federal, State or local
government or their agencies; publicly or privately owned natural phenomena,
historic, cultural, scenic, educational, and religious sites and areas of
natural scenic beauty or naturally suited for outdoor recreation deemed to be
in the interest of the traveling public.
(g)
Infrastructure:
The underling framework of a system; esp. public services and facilities (such
as, but not limited to, highways, bridges, electricity, telephone, gas, sewers,
and water systems) needed to support commerce as well as economic and
residential development.
(h)
Non-conforming Sign: A sign lawfully erected but does
not comply with the provisions of State Law or State Regulations passed at a
later date or later fails to comply with State Law or State Regulations due to
changed conditions. A non-conforming sign must be maintained in accordance with
State Law or it is subject to removal without compensation.
(i)
Official Signs and
Notices: Signs and notices erected and maintained by public
officers or public agencies within their territory or zoning jurisdiction and
pursuant to and in accordance with direction or authorization contained in
federal, state or local law for the purposes of carrying out an official duty
or responsibility. Historical markers authorized by state law and erected by
state or local government agencies or nonprofit historical societies may be
considered official signs. A Local Chamber of Commerce is not a local
government agency and its signs are not official signs.
(j)
Public Service
Signs: Signs located on school bus stop shelters, bus stop benches
and trash receptacles owned and maintained by city, county and state
governments and agencies.
(k)
Service Club and Religious Notices: Signs and notices
whose erection is authorized by law relating to meetings of nonprofit service
clubs or charitable associations or religious services which signs do not
exceed eight (8) square feet in area.
(l)
Transient or Temporary
Activities: Activities that do not have:
1. At least one employee attendant at the
activity site, performing work and available to the public for at least
thirty-six (36) hours per week on at least four (4) days per week for at least
thirty-six (36) weeks per year;
2.
Electricity, land line telephone, plumbing, indoor restroom, permanent flooring
other than dirt, gravel, sand, etc., adequate heating; and,
3. The activity, or a major portion of it,
must be conducted from a permanent building constructed principally of brick,
concrete block, stone, concrete, metal or wood or some combination of these
materials.
(m)
Unzoned Commercial, business or industrial area: A
parcel of land designated for regular use as commercial or industrial, in which
one distinct conforming industrial or commercial activity is located. Regular
use is defined as maintaining the standards set forth under the above
definition of Transient or Temporary Activities.
(n)
Zoned: Real
property, parcel of land, or land that is subject to a complete system of land
use, including regulation size, lighting, and spacing of signs, for tracts
which comprise at least 20 percent of the land within a political subdivision
established and actively enforced by duly constituted zoning authorities.
(o)
Zoned commercial or
industrial areas: Areas inside the control area of a political
subdivision which are zoned for commercial or industrial use and that meet the
requirements of
450-10-1-.14.
Author: Maintenance Bureau
Statutory Authority: Code of Ala. 1975, §§ 23-1-271, 23-1-278, 23-1-286.
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