HB640 Alabama 2013 Session

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" and substitute "adjoining" for "adjacent." 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, an "unzoned commercial, business, or industrial area" is defined as 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

This bill would amend the definition to further provide that all the property would be required to be regularly used for its business purpose

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

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," "primary highway," and "unzoned commercial, business, or industrial area;" 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.