Florida Regulations 14-10.0052: Zoning Enacted Primarily to Permit Outdoor Advertising Signs
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(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 Florida Statutes Chapter 163
(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.
Rulemaking Authority Florida Statutes § 334.044(2), 479.02(7) FS. Law Implemented 479.07(10), 479.024(2) FS. History-New 3-16-04, Amended 5-5-05, 10-7-15.
Terms Used In Florida Regulations 14-10.0052
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(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.
Rulemaking Authority Florida Statutes § 334.044(2), 479.02(7) FS. Law Implemented 479.07(10), 479.024(2) FS. History-New 3-16-04, Amended 5-5-05, 10-7-15.