Fla. Admin. Code Ann. R. 14-10.0052 - Zoning Enacted Primarily to Permit Outdoor Advertising Signs
(1) "Comprehensively Zoned" means a county or
municipal government has adopted ordinances or other laws pertaining to and
designating the allowable uses of parcels within its jurisdiction, pursuant to
and consistent with a comprehensive plan enacted in accordance with Chapter
163, F.S.
(2) If a parcel is in an
area comprehensively 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 accessory, ancilliary, or incidental to the allowable
uses.
(b) The commercial and
industrial activities, separately or together, are permitted only by variance
or waiver.
(c) The parcel will not
reasonably accommodate commercial or industrial uses pursuant to Section
479.024(2)(b),
F.S., and the area surrounding the affected parcel is not predominantly
commercial or industrial.
(d) The
parcel is within, or surrounded by, a larger area with
non-commercial/non-industrial allowable uses.
(e) The parcel is part of a larger strip of
comprehensively zoned land that is parallel to the highway with no active
commercial or industrial activities, and no existing formal plans for
commercial or industrial development.
(f) The parcel has no access roads or
dedicated access.
(3) No
single factor in above subsection (2) is determinative of whether zoning is
enacted primarily to permit signs. If a combination of factors indicates that
the zoning is enacted primarily to allow signs in areas that do not have the
attributes of a commercial or industrial area, the zoning will not be
recognized for purpose of permitting signs.
Notes
Rulemaking Authority 334.044(2), 479.02(7) FS. Law Implemented 479.07(10), 479.024(2) FS.
New 3-16-04, Amended 5-5-05, 10-7-15.
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