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

Current through Register Vol. 42, No. 9, June 28, 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.