SB146 By Senator Allen RFD Transportation and Energy Rd 1 09-FEB-16

SYNOPSIS: Under existing law, outdoor advertising is regulated by the Department of Transportation generally on land adjacent to certain federal-aid highways in the state in compliance with federal law.

Under existing law, a "business area" is defined as any part of an adjacent area which is at any time zoned for business, industrial, or commercial activities under the authority of any law of this state or areas not zoned but which constitute an unzoned commercial business or industrial area.

This bill would amend the definition of a "business area" to delete the words "at any time."

Under existing law, the definition of "primary highway" includes a highway other than an interstate highway at any time officially designated as a part of the federal-aid primary system and approved by the appropriate federal authority. The Intermodal Surface Transportation Efficiency Act of 1991, 23 U.S.C. Section 131(t), amended the definition of the primary highway system for purposes of outdoor advertising control to include the federal-aid primary system in existence on June 1, 1991, and any other highway which is not on the system, but which is on the National Highway System.

This bill would adopt the federal definition of primary highway.

Under existing law, Section 23-1-274, Code of Alabama 1975, signs described in Section 23-1-273(5), which were located in a business area on certain dates, are excluded from the spacing requirements set out in Section 23-1-274(3)(c), and signs described in subdivisions (4) and (6) of Section 23-1-273, relating to the property where the business is located and to public utility facilities, are included in the spacing requirements. The spacing requirements for the identified signs is contrary to the February 10, 1972 Agreement entered into between the United States Department of Transportation and the Alabama Department of Transportation.

This bill would revise the spacing requirements to be consistent with the Federal and State Agreement.

A BILL TO BE ENTITLED AN ACT

To amend Section 23-1-271 of the Code of Alabama 1975, relating to outdoor advertising control on certain federally funded highways; to further define "business area" and "primary highway," and to amend Section 23-1-274 of the Code of Alabama 1975, to further provide for spacing of outdoor advertising consistent with federal requirements.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Sections 23-1-271 and 23-1-274, Code of Alabama 1975, are amended to read as follows:

§23-1-271.

"For the purposes of this division, unless otherwise indicated, the following terms shall have the meanings respectively ascribed to them by this section:

"(4)(1) ADJACENT AREA. An area which is adjacent to and within 660 feet of the nearest edge of the right-of-way of any interstate or primary highway, which 660 feet distance shall be measured horizontally along a line normal or perpendicular to the centerline of the highway.

"(1)(2) BUSINESS AREA. Any part of an adjacent area which is at any time zoned for business, industrial, or commercial activities under the authority of any law of this state or not zoned, but which constitutes an unzoned commercial or industrial area as defined in this section.

"(2)(3) CENTERLINE OF THE HIGHWAY. A line equidistant from the edges of the median separating the main-traveled ways of a divided highway or the centerline of the main-traveled way of a nondivided highway.

"(11)(4) COMMERCIAL OR INDUSTRIAL ACTIVITIES FOR PURPOSES OF UNZONED INDUSTRIAL AND COMMERCIAL AREAS. Those activities generally recognized as commercial or industrial by local zoning authorities in this state, except that none of the following activities shall be considered commercial or industrial:

"a. Outdoor advertising structures;

"b. Agricultural, forestry, ranching, grazing, farming, and similar activities, including, but not limited to, wayside fresh produce stands;

"c. Activities normally or regularly in operation less than three months of the year;

"d. Transient or temporary activities;

"e. Activities not visible from the main-traveled way;

"f. Activities more than 660 feet from the nearest edge of the right-of-way;

"g. Activities conducted in a building principally used as a residence;

"h. Railroad tracks and minor sidings; or

i. Areas which are predominantly used for residential purposes.

"(3)(5) DIRECTOR. The State Department of Transportation.

"(5)(6) ERECT. To construct, build, raise, assemble, place, affix, attach, create, paint, draw, or in any other way bring into being or establish, but it shall not include any of the foregoing activities when performed as an incident to the change of advertising message or customary maintenance of the sign structure.

"(13)(7) INFORMATION CENTER. An area or site established or maintained at safety rest areas for the purpose of informing the public of places of interest within the state and providing such other information as the director may consider necessary.

"(6)(8) INTERSTATE HIGHWAY. Any highway at any time officially designated as a part of the national system of interstate and defense highways by the director and approved by the appropriate authority of the federal government.

"(7)(9) MAINTAIN. To allow to exist.

"(14)(10) MAIN-TRAVELED WAY. The through traffic lanes exclusive of frontage roads, auxiliary lanes, and ramps.

"(16)(11) MOTORIST DIRECTIONAL SIGNS. Any signs, displays, or devices giving directional information pertaining to food services, lodging, gasoline and automotive services, resorts, attractions, campgrounds, truck stops, natural wonders, scenic and historical sites, and areas suited for outdoor recreation.

"(8)(12) PRIMARY HIGHWAY. Any highway, other than an interstate highway, at any time officially designated as a part of the federal-aid primary system by the director, and approved by the appropriate authority of the federal government, as of June 1, 1991, or any highway which is not on the federal-aid primary system, but which is or becomes a part of the National Highway System.

"(17)(13) REMOVING AUTHORITY. Any governmental entity.

"(12)(14) SAFETY REST AREAS. An area or site established or maintained within or adjacent to the right-of-way by or under public supervision or control for the convenience of the traveling public.

"(9)(15) SIGN. Any outdoor advertising sign, display, device, notice, figure, painting, drawing, message, placard, poster, billboard, or other thing which is designed, intended, or used to advertise or inform, any part of the advertising or informative contents of which is visible from any place on the main-traveled way of any portion of an interstate highway or primary highway.

"(10) AN (16) UNZONED COMMERCIAL, BUSINESS, OR INDUSTRIAL AREA. The land occupied by the regularly used building, parking lot, storage or processing area of a commercial, business, or industrial activity, and the land within 600 feet thereof on each side of the highway. The unzoned area shall not include:

"a. Land on the opposite side of an interstate or primary freeway highway from an unzoned commercial, business, or industrial area, as defined above;

"b. Land predominantly used for residential purposes;

"c. Land zoned by state or local law, regulation, or ordinance;

"d. Land on the opposite side of a nonfreeway primary highway which is determined scenic by the State Department of Transportation.

"All measurements shall be from the outer edges of the regularly used buildings, parking lots, storage or processing areas of the commercial or industrial activities, not from the property lines of the activities, unless said property lines coincide with the limits of the regularly used buildings, parking lots, storage or processing areas and shall be along or parallel to the edge or pavement of the highway.

"(15)(17) URBAN AREA. An urbanized area so designated by the Bureau of the Census, within boundaries fixed by responsible state and local officials, subject to approval by the Secretary of the United States Department of Transportation, or an urban place as designated by the Bureau of the Census having a population of 5,000 or more and not within any urbanized area, within boundaries fixed by responsible state and local officials, subject to approval by the Secretary of the United States Department of Transportation.

§23-1-274.

"The director shall effectively control, or cause to be controlled, the erection and maintenance of outdoor advertising signs, displays, and devices in all business areas that are erected subsequent to February 10, 1971. Whenever a bona fide state, county, or local zoning authority has made a determination of customary use as to size, lighting, and spacing, such determination may be accepted in lieu of controls by agreement in the zoned commercial and industrial area within the geographical jurisdiction of such authority. In all other controlled commercial and industrial areas, the criteria set forth below shall apply:

"(1) SIZE OF SIGNS.

"a. For sign structures erected after July 15, 1995, the maximum area for any one sign shall be 672 square feet with a maximum height of 14 feet and a maximum length of 48 feet, inclusive of any border and trim on the sign face, but excluding any embellishment on and cut-out extension of the sign face, the base or apron, supports, and other structural members. For sign structures lawfully in existence on or before July 15, 1995, the maximum area for any one sign shall be 1,200 square feet with a maximum height of 30 feet and a maximum length of 60 feet, inclusive of any border and trim, but excluding the base or apron, supports, and other structural members.

"b. The area shall be measured by the smallest square, rectangle, triangle, or circle or combination thereof which will encompass the entire sign.

"c. Sign structures erected after July 15, 1995, may contain one or two signs per facing and may use only a side-by-side, back-to-back, or V-type configuration, and may use no other configuration; provided, that if two signs are used facing the same direction, the aggregate total area shall not exceed 672 square feet. Sign structures lawfully in existence on or before July 15, 1995, may contain one or two signs per facing and may be placed double-faced, back-to-back, or V-type; provided, that if two signs are used facing the same direction, the aggregate total area shall not exceed 1,200 square feet.

"(2) LIGHTING.

"a. Signs shall not be erected or maintained which contain, include, or are illuminated by any flashing, intermittent, or moving lights, except those giving public service information such as, but not limited to, time, date, temperature, weather, or news.

"b. Signs shall not be erected or maintained which are not effectively shielded so as to prevent beams or rays of light from being directed at any portion of traveled way of any interstate or primary highway and are of such intensity or brilliance as to cause glare or to impair the vision of the driver of any motor vehicle.

"c. Signs shall not be erected or maintained which shall be so illuminated that they obscure or interfere with any official traffic sign, device, or signal.

"(3) SPACING.

"a. Signs shall not be erected or maintained in such a manner as to obscure, or otherwise physically interfere with, an official traffic sign, signal, or device or which obstructs or physically interferes with the driver's view of approaching, merging, or intersecting traffic.

"b. Signs shall not be erected or maintained which do not comply with all applicable county or municipal codes and ordinances, including, but not limited to, zoning, buildings, and sign codes, as locally interpreted, applied, and enforced.

"c. Signs shall not be erected or maintained closer to another sign other than a sign described in subdivisions (1), (2), (3), (4), and (5)(6) of Section 23-1-273 than the following prescribed distances. These spacing provisions do not apply to signs separated by buildings or other obstructions in such manner that only one sign located within the above spacing distance is visible from the highway at any one time. The minimum distance between signs shall be measured along the nearest edge of the pavement between points directly opposite the signs along each side of the highway.

"1. On all interstate highways and freeway primary highways, there must be at least 500 feet between sign structures on the same side of the highway.

"2. On interstate highways and freeway primary highways located outside the zoning authority of incorporated cities, no sign structure is permitted adjacent to or within 500 feet of an interchange or intersection at grade or safety roadside rest areas. Such distances shall be measured along the highway to the nearest point of beginning or ending of pavement widening at the exit from or entrance to the main-traveled way.

"3. On primary highways located outside the zoning authority of incorporated cities, for sign structures erected after July 15, 1995, there must be at least 500 feet between sign structures on the same side of such highway, and for sign structures lawfully in existence on or before July 15, 1995, there must be at least 300 feet between sign structures on the same side of such highway.

"4. On primary highways located within the zoning authority of incorporated cities, for sign structures erected after July 15, 1995, there must be at least 500 feet between sign structures on the same side of such highway, and for sign structures lawfully in existence on or before July 15, 1995, there must be at least 100 feet between sign structures on the same side of such highway.

"(4) GENERAL.

"a. Signs shall not be erected or maintained which imitate or resemble any official traffic sign, signal, or device.

"b. Signs shall not be erected or maintained upon trees, or painted or drawn upon rocks or other natural features.

"c. Signs shall not be erected or maintained which are structurally unsafe or in substantial disrepair.

"d. Signs which are obsolete shall be removed."

Section 2. The provisions of this act are severable. If any part of this act is declared invalid or unconstitutional, that declaration shall not affect the part which remains.

Section 3. This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.

Highways, Roads, and Bridges

Transportation Department

Advertising

Outdoor Advertising

Popular Names

Code Amended