Ala. Admin. Code r. 450-10-1-.14 - Zoning

(1) Even if an area is declared zoned, the following criteria, including public records related thereto, shall be considered in determining whether such zoning is enacted primarily to permit signs:

(a) The land use or zoning designation provides for limited commercial or industrial activity only as an incident to other primary land uses, such as but not limited to, spot or strip zoning.

(b) The commercial and industrial activities, separately or together, are permitted only by variance or special exceptions.

(c) The physical dimensions or other attributes of the affected parcel would not reasonably accommodate traditional commercial or industrial uses and the area surrounding the affected parcel is not predominately commercial or industrial.

(d) A business must be located on a zoned commercial or zoned industrial area or within 2640 feet of a zoned commercial or zoned industrial area and no more than 660 feet from the edge of right-of-way for 12 months or 1320 feet (1/4) of a mile of infrastructure an no more than 600 feet from edge of right-of-way before outdoor advertising signs will be permitted in a zoned commercial of zoned industrial area.

Notes

Ala. Admin. Code r. 450-10-1-.14

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, §§ 23-1-59, 23-1-273, 23-1-274, 23-1-275, 23-1-278, 23-1-286.