a.

This article IX is promulgated pursuant to section V of the "Highway Beautification Act—Outdoor Advertising" enacted by the Legislature of Alabama in the Third Special Session of 1971.

b.

In accordance with customary use in the geographical jurisdiction of the City of Montgomery, Alabama, the following restrictions are placed on outdoor advertising structures to be erected in said jurisdiction, in areas adjacent to federal interstate and primary highways.

c.

Upon the effective date of article IX, no outdoor advertising structure shall be erected or maintained adjacent to an interstate or primary highway in the geographical jurisdiction of the City of Montgomery, except the following:

(1)

Directional and other official signs, including, but not limited to, signs pertaining to natural wonders, scenic and historical attractions;

(2)

Outdoor advertising structures advertising the sale or lease of property upon which they are located;

(3)

Outdoor advertising structures advertising activities conducted on the property on which they are located;

(4)

Outdoor advertising signs in existence in business areas on the effective date of this ordinance and outdoor advertising signs to be erected in areas zoned commercial, industrial, or business, which adhere to the guidelines set forth in this article IX in section 3 governing size, lighting, and spacing of structures.

(Ord. No. 31-73)

As used in this ordinance, unless the context otherwise requires:

a.

Business area shall mean 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;

b.

Adjacent area shall mean 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;

c.

Centerline of the highway shall mean 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 non-divided highway;

d.

Erect shall mean 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;

e.

Interstate highway shall mean 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;

f.

Maintain shall mean to allow to exist;

g.

Primary highway shall mean 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;

h.

Sign, billboard, structure, shall mean any outdoor advertising sign, display, device, notice, figure, painting, drawing, message, placard, poster, billboard, or other thing, which is designated, 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.

(Ord. No. 31-73)

a.

Size of signs.

(1)

The maximum area for any one sign shall be 1,200 square feet with a maximum height of 30 feet and maximum length of 60 feet, inclusive of any border and trim but excluding the base or apron, supports, and other structural members.

(2)

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

(3)

A sign structure 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, that the aggregate total area shall not exceed 1,200 square feet.

b.

Lighting.

(1)

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.

(2)

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 impair the vision of the driver of any motor vehicle.

(3)

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.

c.

Spacing:

(1)

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.

(2)

Signs shall not be erected or maintained which do not comply with all applicable municipal codes and ordinances, including but not limited to zoning, buildings and signs, codes.

(3)

Signs shall not be erected or maintained closer to another sign than the following prescribed distances, except for signs described as directional and other official signs, signs advertising the sale or lease of property upon which they are located, signs advertising activities conducted on the property on which they are located, and signs or devices which advertise or designate exclusively the location of the facilities of any public utility located along the interstate or primary highway for the convenience or protection of the using public or the protection of facilities of the public utility. The minimum distance between points on the centerline directly opposite signs shall be as follows:

(a)

On all interstate highways, 1,000 feet between sign structures on the same side of the highway; and

(b)

On all other highways, 500 feet between sign structures oriented to the same highway;

(c)

Except that the minimum distance between sign structures may be 250 feet if at least one sign structure contains no sign more than 150 square feet in area.

d.

Height:

(1)

On all interstate highways and freeways and/or major arterial highways, height of sign structures shall be limited to 50 feet maximum or 30 feet above the grade of the highway to which it is oriented, which ever is greater, unless a variance to exceed this height has been granted by the board of adjustment.

(2)

On primary highways located within the zoning authority of incorporated cities, the height of sign structures shall be governed by the zoning district the structure is to be located, unless a variance to exceed this height has been granted by the board of adjustment.

e.

General.^[3]

(1)

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

(2)

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

(3)

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

(4)

Signs which are obsolete shall be removed.

(Ord. No. 31-73; Ord. No. 69-83, § 1, 9-27-1983; Ord. No. 45-85, § 1, 8-6-1985)

a.

Continuance. A lawful nonconforming structure existing at the effective date of this ordinance may be continued, except as hereinafter provided, although such structure does not conform with the provisions of this ordinance.

b.

Extension and alteration. A lawful nonconforming structure shall not be extended or structurally altered. This is not to be interpreted to apply to alterations incident to the change of advertising message or customary maintenance of the sign structure.

c.

Restoration to safe condition. Nothing in this ordinance shall prevent the restoration of any billboard or structure to a safe or sanitary condition when required by the proper authorities.

d.

Restoration after damages. No nonconforming billboard or structure which has been damaged by fire or other causes to the extent of more than 60 percent of its current replacement value at the time of such damage shall be rebuilt or restored except in conformity with the provisions of this ordinance.

e.

Abandonment. A nonconforming billboard or structure which has been discontinued for a continuous period of one year shall not be re-established.

f.

Discontinuance of nonconforming structures. The nonconforming structure shall be removed in accordance with provisions of Alabama Act 276, sections VII, VIII, and IX, within five years from the effective date of this ordinance, or within five years from the date the use becomes nonconforming, whichever is later, except that outdoor advertising signs may continue longer than five years at the discretion of the board of adjustment. Notwithstanding any other provisions of this ordinance, no sign, display or device otherwise required to be removed under this act for which just compensation is authorized to be paid by the director (State of Alabama Highway Department) shall be required to be removed if the federal share of at least 75 percent and the remaining state share of the just compensation to be paid upon removal of such sign, device or display is not available for such removal.

(Ord. No. 31-73)