Ala. Admin. Code r. 450-10-1-.02
Current through Register Vol. 43, No. 1, October 31, 2024
Section 450-10-1-.02 - Definitions(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.Ala. Admin. Code r. 450-10-1-.02
New Rule: Filed April 18, 2008; Re-Filed May 19, 2008 after withdrawal for minor modifications per approval from JCARR; effective June 23, 2008.Author: Maintenance Bureau
Statutory Authority:Code of Ala. 1975, §§ 23-1-271, 23-1-278, 23-1-286.