Pursuant to Act Number 2000-429 of the Alabama Legislature, the City of Foley has the exclusive zoning authority to regulate billboards along the Foley Beach Express (Eastern Corridor) in its police jurisdiction. Pursuant to Code of Alabama, Section 11-52-1, et seq., and City of Foley Ordinance 387-87, and the amendments thereto, Foley has the exclusive zoning authority within its corporate limits.

The City of Foley hereby finds and declares that the erection and maintenance of billboards in the adjacent areas and visible from the Foley Beach Express should be prohibited in order to protect the public investment in said road, to promote the safe and orderly travel along said road, to promote the recreational value of public travel, and to preserve natural beauty.

For the purposes of this Article, unless otherwise indicated, the following terms shall have the following meanings:

1.

Adjacent Area: An area which is adjacent to and within 660 feet of the nearest edge of the right-of-way of the Foley Beach Express.

2.

Advertising Copy: The artistic and/or written material on the sign face which is designed, intended or used to convey a message or information to the viewer.

3.

Billboard: Any outdoor advertising sign, display, device, notice, figure, painting, drawing, message, placard, poster or thing which is designed, intended or used to advertise or inform the public of a business, a service, a location, a place, a commodity, or any other thing offered or available at a location other than the premises on which such sign is located.

4.

Community Development Director: The Community Development Director appointed by the City of Foley and his/her designee. Such person responsible for the administration and enforcement of certain provisions of this Ordinance. The Community Development Director may be the same or different person as the Planner, Planning & Zoning Coordinator or any other designee.

5.

Centerline: A line equidistant from the edges of the median separating the main-traveled ways of the Foley-Beach Express where it is divided or the centerline of the main-traveled way of the Foley-Beach Express where it is not divided.

6.

Digital Billboard: A billboard (off-premises sign) with an electronic changeable copy sign face.

7.

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 the advertising copy.

8.

Foley-Beach Express: That road connecting Highway 59 at a point North of Foley to Highway 180 in Orange Beach, Alabama.

9.

Footcandle: A term used to describe a unit of measure of the density of light that falls on a surface. A footcandle is equal to one (1) lumen per square foot. A footcandle measures the amount of illumination on a surface from a light source.

10.

Legal Non-Conforming Billboard: Any billboard which (1) was legally permitted prior to the effective date of this Article and which is properly constructed during the initial permit period or (2) was legally constructed and in existence prior to the effective date of this Article. A legal nonconforming billboard may lose its legal status pursuant to Section 22.6.

11.

Maintain: To allow to exist.

12.

Main traveled Way: The through traffic lanes exclusive of frontage roads, auxiliary lanes and ramps.

13.

Nit: A term used to describe a unit of measure for luminance intensity per unit area that is projected in a given direction. A nit is equal to one (1) candela per square meter. A nit measures the luminance of a light source which is closely related to the perceived "brightness" of the light source.

14.

Non-Conforming Billboard: Any billboard which does not conform to this Article or which would not be permitted to be erected because of this Article.

15.

Sign Face: That area of a billboard which is designed, intended or used to as the area on which the advertising copy is applied, attached or located.

16.

Sign, Billboard Double Stacked: A single freestanding billboard sign structure that has two (2) sign faces aimed in the same direction of travel where one (1) sign face is positioned above the other sign face. A Billboard Double Stacked Sign may or may not have one (1) or more sign faces aimed in the opposite direction of travel.

17.

Sign, Billboard Merged Stack: A billboard double stacked sign that has been lawfully converted into a single billboard sign face in compliance with all applicable laws and this Zoning Code.

18.

Standard Billboard: A billboard (off-premises sign) that does not have an electronic changeable copy sign face.

This Article shall apply to all areas within the corporate limits or police jurisdiction of the City of Foley, as they exist now and in the future, which are within the adjacent areas of the Foley-Beach Express. This Article shall also apply to all billboards which are in the corporate limits or police jurisdiction of the City of Foley whose advertising copy (in whole or in part) can be comprehended, viewed or read from the main-traveled way of the Foley-Beach Express.

No billboard shall be erected in an adjacent area of the Foley-Beach Express. Furthermore, no billboard shall be erected when its advertising copy (in whole or in part) can be read from the main-traveled way of the Foley-Beach Express even if beyond or outside of the adjacent area.

A.

Legal nonconforming billboards may be continued in use provided it is in a safe and good condition. The advertising copy of a legal nonconforming billboard may be changed as desired.

B.

A legal nonconforming billboard may not be:

1.

Structurally altered, amended or repaired so as to prolong or enhance the useful life of the billboard; or

2.

Altered, changed or moved in any manner that increases its size, shape, location, angle, or height; or

3.

Rebuilt, reestablished or repaired after the sign face and/or structural support is damaged or destroyed by more than fifty (50%) percent as determined by the Community Development Director.

C.

A nonconforming billboard which is not a legal nonconforming billboard, or which has lost its legal nonconforming status pursuant to subsection B above shall be removed at the owner's expense by either the owner or by the City of Foley.

The provisions of Sections 12.5 and 12.6 shall not be applicable to billboards of less than one (1) square foot in area, excluding the support, which are erected or maintained by a public utility to mark the location of any buried telephone cable, electric power line, gas line, waterline or other underground public utility facility, for the protection of the facilities of the public utility.

Whoever erects, causes to erect, alters or maintains a billboard in violation of the provisions of this Article shall be guilty of a misdemeanor and shall be subject to a maximum fine of five hundred dollars ($500.00) and/or a maximum sentence of imprisonment or hard labor for a period not exceeding six (6) months. Any billboard erected, altered or maintained in violation of the provisions of this Article which is not a legal nonconforming billboard shall be removed at the owner's expense by either the owner or by the City of Foley.

Any person, corporation or entity aggrieved by the decision or ruling of the Community Development Director shall have a right to appeal such decision or ruling to the Board of Adjustment and Appeals pursuant to Article XXV of the Foley Zoning Ordinance. Any person, corporation or entity seeking a variance from the regulations contained in this Article may seek a variance from the Board of Adjustment and Appeals pursuant to Article XXV of the Foley Zoning Ordinance.

The provisions of this Article are cumulative, supplemental and in addition to the provisions found in Article XXI and the other Articles of the Foley Zoning Ordinance, and in the event of an inconsistency or conflict between this Article and any other provision, the more burdensome and stringent rule or remedy shall apply.

Signs erected by or on behalf of the City of Foley in the public right-of-way pursuant to City ordinances and regulations directing travelers to business locations from intersections are exempt from the prohibitions and requirements of this Article.

Notwithstanding anything else contained in this Zoning Code to the contrary, a legal nonconforming standard billboard sign face may be converted into a digital billboard sign face without losing its legal nonconforming status, but only in the following circumstances and only subject to the following conditions:

A.

The owner of the billboards must first apply for and receive a Billboard Conversion Permit from the Community Development Department which is both a building permit for the to-be-converted billboard and a demolition permit for the to-be-removed billboards;

B.

The digital billboard sign face must be located on the same pole or vertical support structure that currently exists for the standard billboard being converted, and that the pole or support structure must not be moved in any manner;

C.

The digital billboard sign face must be installed at the same angle and direction of travel as the standard sign face being replaced;

D.

The digital billboard sign face must be no higher than the standard sign face being replaced (or for previously stacked sign faces, no higher than the lowest sign face);

E.

The digital billboard sign face must be no larger in square feet than the standard billboard sign face being replaced;

F.

The digital billboard sign face must be no larger than six hundred seventy-two (672) square feet;

G.

The digital billboard must be at least two thousand (2,000) feet from the nearest other digital billboard aimed in the same direction of travel.

H.

The digital billboard sign face must not be located beside, above, or below any other standard billboard sign face or digital billboard sign face on the same pole or support structure (no double faced billboards in which one (1) or both sign faces aimed in the same direction of travel is an electronic changeable copy sign).

I.

The digital billboard sign face may not be located in a historic district, a residential district, or be visible from either residentially zoned property or from property being used for residential purposes.

J.

The digital billboard must at all times adhere to the then-current technical specifications established by the City of Foley, which may be amended from time-to-time, but which currently provide as follows:

1.

Digital billboards may only display static messages or images and they may not have any effects or appearance of movement, travel, fade, pulse, blinking, animation, scrolling, flashing, or similar effects;

2.

Digital billboard messages or images cannot change more frequently than once every eight (8) seconds;

3.

Digital billboard images must transition instantly as seen by the human eye, and shall not use blinking, fading, rolling, shading, dissolving, or similar effects as part of the image transition or change.

4.

Each digital billboard shall be equipped with automatic light intensity controls and automatic ambient light monitors to control their level of illumination. The digital billboard must automatically adjust based on ambient light conditions to ensure that each sign face does not exceed illumination changes of 0.3 (three-tenths) of a foot-candle over ambient light levels if measured from the nearest property line of an abutting landowner (excluding public rights-of-way) or from two hundred fifty (250) feet away from the sign face (for six hundred seventy-two (672) SF signs), from two hundred (200) feet away from the sign face (for three hundred seventy-eight (378) SF signs, from one hundred fifty (150) feet away from the sign face for signs smaller than three hundred seventy-eight (378) SF, whichever is closer. Certification must be provided to the City demonstrating that each sign has been preset to automatically adjust the brightness to these levels or lower. Re-inspection and recalibration may periodically be required by the City in its reasonable discretion, and when required it shall be completed within thirty (30) days at the sign owner's expense. During an inspection, one (1) hour or more following sunset, a properly calibrated light meter shall be used to obtain an ambient light reading in footcandles for the location with the digital sign either turned off or displaying a solid black copy, then the digital sign shall be turned on to full, standard white copy (color temperature six thousand five hundred (6,500) degrees Kelvin) to take another reading with the same meter at the same location. If the difference between the two (2) readings is 0.3 (three-tenths) of a footcandle or less, then the illumination level from the sign relative to ambient light is properly adjusted.

5.

Notwithstanding ambient light levels, each digital billboard sign shall be programmed so that its luminance does not exceed certain maximums. No digital billboard shall exceed six thousand five hundred (6,500) nits when measured from the sign's face at its maximum brightness between the time of one-half (½) hour after sunrise and one-half (½) hour before sunset as per the National Weather Service. No digital billboard shall exceed three hundred (300) nits when measured from the sign's face at its maximum brightness between the time of one-half (½) hour before sunset and one-half (½) hour after sunrise as per the National Weather Service. Certification must be provided to the City demonstrating that each sign has been preset to these maximum limits. Re-inspection and recalibration may periodically be required by the City in its reasonable discretion, and when required it shall be completed within thirty (30) days at the sign owner's expense. During an inspection a luminance meter shall be used to obtain a reading in Nits when the digital sign is turned on to full, standard white copy (color temperature six thousand five hundred (6,500) degrees Kelvin).

6.

Written certification from the digital sign manufacturer must be provided certifying that the light intensity of the sign has been preset to be within the brightness levels specified in this Ordinance, and that the preset intensity level is protected from end user manipulation by password protected software or other approved method.

7.

Each digital billboard sign face shall contain a default design that will freeze the device and message or image in one (1) position with a maximum luminance of three hundred (300) nits if any malfunction occurs.

8.

Each digital billboard sign face shall contain a "kill switch" which can cause the sign face to go dark regardless of the nature of any type of malfunction, and any malfunction that causes an image or message to be displayed causing movement, flashing or any similar effects, or exceeding the brightness levels established hereby, must be remedied or caused to go dark or static within six (6) hours.

K.

For each standard billboard sign face that the owner desires to convert to a digital billboard sign face, the owner must first remove a minimum of four (4) eligible standard billboard sign faces (including the standard sign face that is being converted). Eligible standard billboard sign faces being removed and not converted are those that are:

1.

Located inside the corporate limits of the City of Foley;

2.

Located on the same road as the proposed digital billboard (unless the owner and the Community Development Director agree otherwise to facilitate the removal of billboards on a National Scenic Byway, a residential area, a historic district area, or other such locations where billboards are deemed more out of character).

3.

Not otherwise in violation of law or that are not otherwise required to be removed pursuant to government action;

L.

The operator of a digital billboard shall immediately, upon request, publish emergency information on each digital billboard such as weather alerts, Amber alerts, and similar law enforcement emergencies and announcements;

M.

The operator of a digital billboard shall, if reasonably requested, donate available advertising spots to the City of Foley for public announcements.

Notwithstanding anything else contained in this Zoning Code to the contrary, a legal nonconforming billboard double stacked sign may be converted into a single sign face by filling in the gap area between the legal nonconforming sign faces without losing its legal nonconforming status, but only in the following circumstances and only subject to the following conditions:

A.

The owner of the billboard double stacked sign must first apply for and receive a Double Stacked Billboard Conversion Permit from the Community Development Department which is both a building permit for the to-be-converted billboard sign faces and a demolition permit for the to-be-removed billboard or billboard sign face;

B.

The legal nonconforming billboard sign faces being merged together must remain in their same location, at their same angle and direction of travel, with the top of the higher sign face no higher than before and the bottom of the lower sign face no lower than before;

C.

The only allowed increase in the size of the sign faces shall be the area of the gap located between the legal nonconforming sign faces that are stacked one (1) on top of the other;

D.

The billboard merged stack sign may not be a digital billboard or have any electronic changeable copy;

E.

For each billboard double stacked sign that the owner desires to convert to a billboard merged stack sign, the owner must first remove or decommission one (1) eligible billboard sign face. Multiple conversions may be proposed on the same application or on contemporaneously filed applications by the same owner to maximize the use of the removal or decommission credit. Decommission in this context means to leave the sign face up, but permanently remove it from displaying any advertising copy and only have it display trees, clouds, and other non-commercial City of Foley approved images until such time as the entire billboard support structure and all sign faces are removed. Unless the entire billboard, including the pole and all sign faces, is being removed, the sign faces shall be decommissioned rather than physically removed for aesthetic reasons. At the time all the sign faces on a particular billboard support structure are decommissioned or due to be decommissioned, the owner shall remove the entire billboard support structure. Billboard sign faces that are eligible for removal or decommission credit are those that are:

1.

Located inside the corporate limits of the City of Foley;

2.

Not otherwise in violation of law or that are not otherwise required to be removed pursuant to government action;

3.

In existence at the time of the application;