A.
Purpose. The purpose of this subsection is to present the definitions of
specialized terms used in describing outdoor advertising signs and matters
relating to outdoor advertising signs. Terms used in this rule are defined as
follows:
1."Abandoned sign" means a sign for which neither the sign
owner nor the landowner claim any responsibility.
2."Back-to-back sign" means a sign that carries faces
attached on each side of the structure and is read from opposite
directions.
3."Directional" means signs containing directional
information about public places owned or operated by federal, state, or local
government or their agencies; publicly or privately owned natural phenomena,
historic, cultural, scientific, educational, religious, and rural activity
sites; and areas of natural scenic beauty or naturally suited for outdoor
recreation, deemed to be in the interest of the traveling public.
4."Directional and other official signs and notices" includes
only official signs and notices, public utility signs, service club and
religious notices, public service signs, and directional signs.
5."Double-faced sign" means a sign that has two faces facing
in the same direction.
6."Erect" means to construct, build, raise, assemble, place,
affix, attach, create, paint, draw, or in any way bring into being or
establish.
7."Face" means the surface of an outdoor advertising
structure on which the design is posted or painted, usually made of galvanized
metal sheets, fiberboard, plywood or plastic.
8."Federal or state law" means a federal or state
constitutional provision or statute, or an ordinance, rule, or regulation
enacted or adopted by a state or federal agency or a political subdivision of a
state pursuant to a federal or state constitution or statute.
9."Illegal sign" means a sign that was erected or maintained,
or both, in violation of the state law.
10."Intended to be read from the main-traveled way" is
defined by any of the following criteria:
a. More than 80% of the average daily traffic
(as determined by traffic counts) viewing the outdoor advertising is traveling
in either or both directions along the main-traveled way.
b. Message content is of such a nature that
it would be only of interest for the traffic using the main-traveled
way.
c. The sales value of the
outdoor advertising is directly attributable to advertising circulation
generated by traffic along the main-traveled way.
11."Interchange" means a junction of two or more highways by
a system of separate levels that permit traffic to pass from one to another
without the crossing of traffic streams.
12."Landmark sign" means a sign of historic or artistic
significance that existed on October 22, 1965, which may be preserved or
maintained as determined by the Director and approved by the Secretary of
Transportation.
13."Lease" means an agreement, oral or in writing, by which
possession or use of land or interests in land is given by the owner to another
person for a specified period of time.
14."Maintain" means to allow to exist, including such
activities necessary to keep the sign in good repair, safe condition, and
change of copy.
15."Nonconforming sign" means a sign that was lawfully
erected but does not comply with the provisions of state law or state laws
passed at a later date or later fails to comply with state law or state
regulations due to changed conditions. Illegally erected or maintained signs
are not nonconforming signs.
16."Normal maintenance (nonconforming sign)" means the
maintenance customary to keep a sign in ordinary repair, upkeep or
refurbishing. The maintenance does not include:
a. Maintenance that exceeds 50% of the
appraised value using current appraisal schedules for a sign, or
b. Repairs to a sign damaged to such an
extent that 60% or more of the uprights require replacement for wood uprights,
or 30% or more of the length of each upright support above ground requires
replacement for metal uprights.
17."Obsolete sign" means a directional or other official sign
the purpose of which is no longer pertinent.
18."Official signs and notices" means signs and notices,
other than traffic regulatory signs and notices, erected and maintained by
public officers or public agencies within their territorial or zoning
jurisdiction and pursuant to direction or authorization contained in federal,
state, or local law for the purposes of carrying out an official duty or
responsibility. Historical markers authorized by state law and erected by state
or local government agencies or nonprofit historical societies are official
signs.
19."Off-premise sign" means an outdoor advertising sign that
advertises an activity, service or product and that is located on premises
other than the premises at which the activity or service occurs or the product
is sold or manufactured.
20."On-premise sign" means any sign that meets the following
requirements (such signs are not controlled by state statutes):
a. Premises. The sign must be located on the
same premises as the activity or property advertised.
b. Purpose. The sign must have as its
purpose:
i. The identification of the
activity, or its products or services, or
ii. The sale or lease of the property on
which the sign is located, rather than the purpose of general
advertising.
c. In the
case of an on-premise sign advertising an activity, the premises must include
all actual land used or occupied for the activity, including its buildings,
parking, storage and service areas, streets, driveways and established front,
rear, and side yards constituting an integral part of such activity, provided
the sign is located on property under the same ownership or lease as the
activity. Uses of land that serve no reasonable or integrated purpose related
to the activity other than to attempt to qualify the land for signing purposes
are not premises. Generally these will be inexpensive facilities, such as
picnic grounds, playgrounds, walking paths, or fences.
21."Parkland" means any publicly owned land that is
designated or used as a public park, recreation area, wildlife or waterfowl
refuge or historic site.
22."Public service signs" means signs that are located on
school bus stop shelters and that:
a.
Identify the donor, sponsor, or contribution of the shelters;
b. Contain safety slogans or messages, which
must occupy not less than 60% of the area of the sign;
c. Contain no other message;
d. Are located on school bus shelters that
are authorized or approved by city, county, or state law, regulation, or
ordinance, and at places approved by the city, county, or state agency
controlling the highway involved; and
e. May not exceed 32 square feet in area. Not
more than one sign on each shelter shall face in any one direction.
23."Public utility signs" means warning markers that are
customarily erected and maintained by publicly or privately owned public
utilities to protect their facilities.
24."Re-erection" means the placing of any sign in a vertical
position subsequent to its initial erection. Re-erection shall only occur in
the event the sign has been damaged by tortious acts, or in the course of
normal maintenance.
25."Scenic area" means any area of particular scenic beauty
or historical significance as determined by the federal, state, or local
officials having jurisdiction of the area, and includes interests in land that
have been acquired for the restoration, preservation, and enhancement of scenic
beauty.
26."Scenic overlook or rest area" means an area or site
established and maintained within or adjacent to the highway right-of-way by or
under public supervision or control for the convenience of the traveling
public.
27."Service club and religious notices" means signs and
notices, whose erection is authorized by law, relating to meetings of nonprofit
service clubs or charitable associations, or religious service, that do not
exceed eight square feet in area.
28."V-type signs" means signs that are oriented at an angle
to each other, the nearest points of which are not more than 10 feet
apart.
29."Within the view of and directed at the main-traveled way"
means any sign that is readable from the main-traveled way for more than five
seconds traveling at the posted speed limit or for such a time as the whole
message can be read, whichever is less.
B. Outdoor advertising
permit application procedure.
1. Purpose. The
purpose of this subsection is to present the procedures to be followed by
applicants in requesting permits for the erection of outdoor advertising
facilities.
2. Permit form and fee
required. Each application for a permit to erect an outdoor advertising
facility must be made on the appropriate Arizona Department of Transportation
form and shall be accompanied by a check or money order in the amount of $20.00
payable to the Arizona Department of Transportation.
a. The initial application fee shall be valid
for a period of one year from date of issuance. It shall be renewable annually
upon payment of a $5.00 fee.
b.
Renewal fees will become delinquent 30 days after the annual renewal date. On
becoming delinquent, such sign structures will be in violation and a new
initial application fee of $20.00 will be required.
3. Applications mailed to maintenance permit
engineer. Applications for outdoor advertising permits should be mailed to:
Arizona Department of Transportation, Intermodal Transportation Division; 206
South 17th Avenue; Phoenix, Arizona 85007; Attention: Maintenance Permits
Section. Assistance to applicants is available at District offices.
4. Separate application for each sign. Each
outdoor advertising sign, display or device requires a separate application
with fee. All required information describing the location of the sign, the
sign qualification standards, and the permitted area identification shall be
completely entered on the permit form.
5. Legal description of sign site required.
Applicants shall be required to obtain a certification from the governing
zoning authority certifying that the zoning is correct for the legal
description of the proposed sign location. In cases where the legal description
is listed incorrectly on the application, a new certification must be obtained
for the correct legal description. Legal descriptions shall adequately describe
the property for which the application is made.
6. Location diagram required. Applicants
shall submit a location diagram indicating highway route number and such
physical features as: buildings, bridges, culverts, poles, mileposts and other
stationary land marks necessary to adequately describe the location. The sketch
will also indicate the distance in feet the sign is to be erected from the
nearest milepost or a street intersection and other off-premise signs in the
same vicinity.
7. Applicants must
mark site locations. Applicants are required to place an identifiable device or
object bearing applicant's name at the proposed sign location to aid field
inspectors in site evaluations.
8.
Landowner's permission mandatory. Applicants shall be required to obtain a
signed certification stating that the applicant has the permission of the
landowner to erect the sign at the noted legal description, or in lieu of the
signed certification, furnish a copy of an executed lease.
9. Each pending application field checked.
Each pending application will be field checked for compliance with the state
act and regulations by the district. The findings of the field check will be
forwarded to the Maintenance Permit Engineer, Maintenance Section, for final
examination and, if approved, permit issuance.
10. Noncompliance. Each application for a
permit to erect an outdoor advertising facility which does not comply with all
requirements of the law and the Arizona Department of Transportation
regulations, will be denied and the application fee may be retained by the
state. Exception will be made in cases where applicants did not have knowledge
of previous applications or permits for the same site. An additional $20.00 fee
shall be added to the regular permit fee for signs illegally erected prior to
the issuance of a permit.
11.
Permit decals on sign structures. Applicants shall affix permit decals on a
permanent surface near the portion of the sign structure closest to the
main-traveled way and clearly visible from the roadway. Permit decals to
replace any which have been issued and were improperly affixed, lost or
destroyed, whether before or after attaching to the sign structure, may be
purchased at a cost of $5.00. Signs bearing permit decals for signs other than
the sign for which they were issued shall be in violation.
12. Forfeiture of permit fee. Outdoor
advertising facilities for which permits have been issued shall be erected
within 120 days and shall bear the official permit identification issued for
the specific facility. If the applicant mails a written request for extension
of time prior to expiration of the 120 days, an additional 60-day extension may
be granted. Any permit canceled because no sign was erected within the
prescribed time will result in forfeiture of the $20.00 fee.
13. Denial of permit renewals. An existing
permit will not be renewed for an approved location on which no sign structure
exists.
14. Removal and re-erection
time limits. If an outdoor advertising sign is removed from a permitted
location for any reason, the permit shall expire within 30 days from date of
removal, except that the permittee may notify the Arizona Department of
Transportation, Intermodal Transportation Division; Maintenance Permits
Section, of intent to re-erect which will allow 120 days for re-erection.
Failure to re-erect which will allow 120 days for re-erection. Failure to
re-erect within the 120 days allowed will cancel the existing permit.
15. Transfer of permits. Permits are
transferable upon sale of sign provided a new owner furnishes the Arizona
Department of Transportation with notification of sale within 30 days after
date of sale.
16. Calendar days.
All references to days made in this permit application procedure, as well as
those references in all rules and regulations applying to outdoor advertising
control, shall mean calendar days.
C. Administrative rules.
1. Purpose. The purpose of this subsection is
to present administrative rules developed by the Arizona Department of
Transportation for control of outdoor advertising.
2. Restrictions on rights-of-way use. No sign
shall be erected or maintained from or by use of interstate highway
rights-of-way. Any observed action of this type will result in cancellation of
the permit. Signs may be erected and maintained from primary and secondary
highways only if no other access is available and an encroachment permit is
issued.
3. Nonconforming signs
shall be in violation if:
a. A sign is
enlarged (increased in any dimensions of the sign face or structural
support),
b. A sign is replaced (an
existing sign is removed and replaced with a completely different
sign),
c. A sign is rebuilt to a
different configuration or material composition beyond normal
maintenance,
d. A sign is relocated
(moved to a new position or location without being lawfully permitted),
or
e. A sign which was previously
non-illuminated has lighting added.
4. Commercial or industrial activities.
Commercial or industrial activities which define a business area, or an unzoned
commercial or industrial area must be in operation at the time the permit
application is made. Should any commercial or industrial activity, which has
been used in defining or delineating a business area, or an unzoned commercial
or industrial area, cease to operate for a period of six continuous months, any
signs qualified by such activity shall become nonconforming.
5. On premise. Should any activity which has
been used in defining an on-premise sign cease to operate for a period of six
continuous months any signs qualified by that activity shall be considered as
off premise and will require appropriate permits. If the signs are then not
permitable they will be in violation.
6. Municipal limit between signs. When a
municipal limit falls between signs the spacing requirement shall be 300 feet
between signs on primary or secondary highways.
7. Proposed interstate alignment locations.
Signs existing or to be erected on primary or secondary highway systems which
have been declared by the Director of Transportation as an interstate freeway
alignment prior to construction of such interstate or freeway shall be
classified as though the Interstate or Freeway already exists, requiring
spacing criteria for Interstate or other freeways.
8. Double-faced, back-to-back, and V-type
signs. Double-faced, back-to-back and V-type sign structure permits will be
limited to a single sign ownership for each site. No more than two faces will
be allowed facing each direction of travel. Double-faced signs shall not exceed
350 square feet per face. V-type signs will be limited to a 10' spacing between
faces at the apex. V-type sign spacing from other signs shall be measured from
the middle of the apex.
9.
Multifaced community signs. Local chambers of commerce may obtain permits to
erect signs with more than two faces. These signs shall not exceed 1,200 square
feet in area with a maximum overall vertical facing of 25 feet and a maximum
overall horizontal facing of 60 feet, including border and trim, and excluding
base or apron supports and other structural members. All other laws, rules and
regulations will apply to multifaced community signs as to other off premise
signs.
10. New sign making existing
sign nonconforming. If a new sign which would otherwise be conforming will make
an existing sign nonconforming, the new sign shall not be allowed.
11. Hearing requests. The land owner or sign
owner may request a hearing in connection with a permit application denied or
other action taken by the Arizona Department of Transportation in connection
with the rules prescribed in this Section. Within seven days after notice of
the action is mailed or posted, the land owner or sign owner may make written
request for a hearing on the action. The Director of the Department of
Transportation shall designate a hearing officer, who shall be an
administrative employee of the Department of Transportation, to conduct and
preside at the hearings. When a hearing is requested, the hearing shall be held
within 30 days after the request, and the party requesting the hearing shall be
given at least five days notice of the time of the hearing. All hearings shall
be conducted at Department of Transportation administrative offices. A full and
complete record and transcript of the hearing shall be taken. The presiding
officer shall within 10 days after the hearing make a written determination of
the presiding officer's findings of fact, conclusions and decision and shall
mail a copy of the same, by certified mail, to the owner or the party who
requested the hearing.
12. Landmark
signs. The Director will submit a one-time declaration listing all landmark
signs to the Secretary of Transportation. The preservation of these signs would
be consistent with the purposes of state highway beautification laws.
13. Blanked out or discontinued nonconforming
signs. When an existing nonconforming sign ceases to display advertising matter
for a period of one year the use of the structure as a nonconforming outdoor
advertising sign is terminated.
14.
Vandalized signs. Legal nonconforming signs may be rebuilt to their original
configuration and size when they are destroyed due to vandalism and other
criminal or tortious acts.
D. Standards for directional and other
official signs.
1. Purpose. The purpose of
this subsection is to present standards applicable to directional and other
official signs.
2. Scope and
application. The standards presented in this Chapter apply to directional and
other official signs and notices which are erected and maintained within 660
feet of the nearest edge of the right-of-way of the interstate, federal-aid
primary and secondary highway systems and which are visible from the
main-traveled way of the systems. These types of signs must conform to national
standards, promulgated by the Secretary of Transportation under authority set
forth in
23 U.S.C.
131(c). These standards do
not apply, however, to directional and other official signs erected on the
highway right-of-way.
3. Standards
for directional signs. The following apply only to directional signs:
a. General. The following signs are
prohibited:
i. Signs advertising activities
that are illegal under federal or state laws or regulations in effect at the
location of those signs or at the location of those activities.
ii. Signs located in such a manner as to
obscure or otherwise interfere with the effectiveness of an official traffic
sign, signal, or device or obstruct or interfere with the driver's view of
approaching, merging, or intersecting traffic.
iii. Signs which are erected or maintained
upon trees or painted or drawn upon rocks or other natural features.
iv. Obsolete signs.
v. Signs which are structurally unsafe or in
disrepair.
vi. Signs which move or
have any animated or moving parts.
vii. Signs located in rest areas, parklands
or scenic areas.
b.
Size. No sign shall exceed the following limits, which include border and trim,
but exclude supports.
i. Maximum area -- 150
square feet.
ii. Maximum height --
20 feet.
iii. Maximum length -- 20
feet.
c. Lighting. Signs
may be illuminated, subject to the following:
i. Signs which contain, include, or are
illuminated by any flashing, intermittent or moving light or lights are
prohibited.
ii. Signs which are not
effectively shielded so as to prevent beams or rays of light from being
directed at any portion of the traveled way of an Interstate or primary highway
or which are of such intensity or brilliance as to cause glare or to impair the
vision of the driver of any motor vehicle, or which otherwise interfere with
any driver's operation of a motor vehicle are prohibited.
iii. No sign may be so illuminated as to
interfere with the effectiveness of or obscure an official traffic sign,
device, or signal.
d.
Spacing.
i. Each location of a directional
sign must be approved by the Arizona Department of Transportation.
ii. No directional sign may be located within
2,000 feet of an interstate, or intersection at grade along the interstate
system or other freeways (measured along the interstate of freeway from the
nearest point of the beginning or ending of pavement widening at the exit from
or entrance to the main traveled way).
iii. No directional sign may be located
within 2,000 feet of a rest area, parkland, or scenic area.
(1) No two directional signs facing the same
direction of travel shall be spaced less than one mile apart;
(2) Not more than three directional signs
pertaining to the same activity and facing the same direction of travel may be
erected along a single route approaching the activity;
(3) Directional signs located adjacent to the
Interstate System shall be within 75 air miles of the activity; and
(4) Directional signs located adjacent to the
Primary System shall be within 50 air miles of the activity.
(5) No directional signs shall be located
within 500 feet of an off-premise outdoor advertising sign on any state
highway.
e.
Message content. The message on directional signs shall be limited to the
identification of the attraction or activity and directional information useful
to the traveler in locating the attraction, such as mileage, route numbers, or
exit number. Descriptive words or phrases, and pictorial or photographic
representations of the activity or its environs are prohibited.
f. Selection methods and criteria for
privately owned activities or attractions to obtain directional sign approval.
i. Privately owned activities are attractions
eligible for directional signing are limited to the following categories:
(1) Natural phenomena,
(2) Scenic attractions,
(3) Historic sites,
(4) Educational sites,
(5) Cultural sites,
(6) Scientific sites,
(7) Religious sites, and
(8) Outdoor recreational areas.
ii. To be eligible, privately
owned attractions or activities must be nationally or regionally known, and of
outstanding interest to the traveling public.
iii. The Director, Arizona Department of
Transportation, will appoint a Selection Board for Directional Signing
Qualifications consisting of three administrative or professional employees of
the Department of Transportation, one of whom shall be designated as
chairperson, to judge and approve the qualifications for directional signing of
privately owned activities or attractions as limited to the categories in
subsection (D)(3)(f)(i) and the qualification in subsection
(D)(3)(f)(ii).
iv. Applicants for
directional signs involving privately owned activities or attractions, shall
first qualify the activity or attraction by submitting an official
qualification form to the attention of the maintenance permit engineer,
highways division, Arizona Department of Transportation. The maintenance permit
engineer will forward the application for qualification, along with any
technical data which may assist the selection board in making the selection
board's determination, to the selection board.
v. Applicant shall indicate one or more
categories (as listed in subsection (D)(3)(f)(i) that is applicable to the
activity or attraction for which qualification is sought. Applicants shall
submit a statement and supporting evidence that the activity or attraction is
nationally or regionally known and is of outstanding interest to the traveling
public.
vi. The selection board
will, upon approval or rejection of an application, give notification of the
selection board's determination in writing, to the applicant and to the
maintenance permit engineer.
vii.
The maintenance permit engineer will not issue any permits for directional
signs for any privately owned activity or attraction until receipt of
qualification approval by the selection board. All directional sign permits
issued for the Department of Transportation by the maintenance permit engineer
will meet the standards for directional and other official signs as
incorporated in the"Rules and Regulations for Outdoor Advertising along Arizona
Highways" approved and issued by the Director, Arizona Department of
Transportation.
g. Rural
activity signs are intended to give directions to rural activity sites located
along rural roads connecting to state highways. The signs must be located in
areas primarily rural in nature. Rural activities that may qualify include
ranches, recreational areas and mines. Signs for private residences,
subdivisions, and commercial activities are not permitted. Industrial
activities that are located in primarily rural areas such as mines or material
pits may be allowed. The signs shall not be located in business areas, unzoned
commercial or industrial areas, or within municipal limits. The selection board
may make final determination of eligibility for those signs when necessary. Not
more than one sign pertaining to a rural activity facing the same direction of
travel may be erected along a single route approaching the rural connecting
road. Signs will be limited to 10 square feet in area. All other standards for
directional signs shall apply.
h.
No application fee is required for official signs and notices, public utility
signs, service club and religious notices, public service signs or directional
signs erected by federal, state or local governments. Other directional signs
require a permit application and $20.00 fee.
