For the purpose of this rule, the following terms shall have
the meanings given them in section
5516.01 of the Revised Code:
"advertising device," "visible," "interstate system," "erect," "maintain,"
"national policy," "primary system," "zoned commercial or industrial areas,"
"unzoned commercial or industrial area," "commercial or industrial activities,"
"directional and official signs and
notices," "nonconforming advertising device," "scenic byway,"
"director," and "commercial or industrial
zone,."
and "compensation."
(A) "Abandoned or discontinued advertising
device" means any permitted advertising device which has ceased to display
advertising copy, displays obsolete advertising
copy, or needs substantial repairs of more than seventy per cent of
its replacement value for more than one year. An advertising device shall be
considered to be abandoned or discontinued if neither the sign owner nor the
landowner claim any responsibility for the advertising device.
(B) "Advertising copy" means any combination
of words, symbols, pictures, display or trade name intended to invite or draw
the attention of the public to any goods, merchandise, property, business,
services, entertainment, amusement or other commercial activity.
(C) "Advertising device" shall have the same
meaning given in section
5516.01 of the Revised Code. All
advertising devices shall be affixed to a structure. Such structures and
devices may include, but are not limited to, one of the following forms:
(1) "Single face" means one sign face, facing
one direction of travel at a single location.
(2) "Back to back" means two sign faces,
attached on each side of the structure and facing opposite directions of travel
at a single location.
(3) "V-type"
means sign faces, facing opposite directions of travel at a single location
oriented at an angle to each other, the nearest points of which are not more
than fifteen feet apart.
(4)
"Tri-face" means three sign faces at one location with no more than two sign
faces facing one direction of travel, and one sign face facing the opposite
direction of travel.
(5) "Double
face, one way" means two sign faces stacked on the same supporting structure,
facing one direction of travel, or two sign faces on two structures immediately
adjacent to one another facing one direction of travel at a single
location.
(6) "Double face, back to
back" means four sign faces at one location with no more than two faces either
stacked on the same supporting structure or on two structures, facing opposite
directions of travel.
(D) "Bonafide comprehensive zoning plan"
means a general plan to control and direct the use and development of property
in a municipality or in a large part thereof by dividing it into districts
according to the present and potential use of the properties.
(E) "Business activity" means the
essential and customary facilities such as buildings, parking lots, storage or
processing areas regularly used to conduct the business, and does not include
driveways, fences, or structures placed for the purpose of qualifying a site
for signage.
(F)(E) "Centerline of the
highway" means 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.
(G) "Contiguous property" means any
configuration of adjoining land that is owned or leased by the identical
business and/or lessee, and is required to support the advertised business
activity.
(H)(F) "Directional signs"
means signs containing directional information about public places owned or
operated by federal, state, or local governments or their agencies; publicly or
privately owned non-profit natural wonders accredited by the Ohio department of
natural resources or non-profit historic attractions accredited by the Ohio
history connection.
(I)(G) "Entrance roadway"
means any public road or turning roadway, including acceleration lanes, by
which traffic may enter the main-traveled way of the interstate system as
defined by division (C) of section
5516.01 of the Revised Code or
system as defined by division (G) of section
5516.01 of the Revised Code from
the general road system within a state. This definition applies whether or not
traffic may also enter the main-traveled way by such road or turning
roadway.
(J)(H) "Exit roadway"
means any public road or turning roadway including deceleration lanes, by which
traffic may leave the main-traveled way of the interstate system as defined by
division (C) of section
5516.01 of the Revised Code or
primary system as defined by division (G) of section
5516.01 of the Revised Code to
reach the general road system within a state. This definition applies whether
or not traffic may also enter the main-traveled way by such road or turning
roadway.
(K)(I) "Freeway" means a
divided multi-lane highway for through traffic with all crossroads separated in
grade and with full control of access.
(L)(J) "Illegal sign"
means an advertising device with advertising copy which was erected or is
maintained in violation of federal, state, or local law or ordinance.
(M)(K)
"Immediately adjacent" means directly touching or bordering one another no
farther apart at their nearest point than fifteen feet.
(N)(L)
"Interchange" means both 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, and a system of interconnecting roadways in
conjunction with one or more grade separations that provides for the movement
of traffic between two or more roadways or highways on different levels.
(O) "Last permit holder" includes,
but is not limited to, the most recent holder of the advertising device permit;
a business, cooperative, corporation, enterprise, joint venture, limited
liability company, partnership, sole proprietorship or subsidiary, the
viability of which is dependent on its relationship with the most recent holder
of the advertising device permit; or any person or entity which is closely
related to, or closely connected with, the most recent holder of the
advertising device permit.
(P)(M) "Lease" means an
agreement by which possession or use of land or interests therein is given for
a specified purpose, which is a valid contract under the laws of the state, and
which grants an interest in the real estate for a specific time
period.
(Q)(N) "Main-traveled way"
means the traveled way of a highway on which through traffic is
carried.
(R)(O) "Multiple message
sign face" means an advertising device whose whole sign face changes by
rotating vertical slats or other electronic process or remote
control.
(S)(P) "Normal maintenance
(nonconforming devices)" means that which is customary to keep a sign in
ordinary repair and upkeep. Repairs will be allowed for acts of God, vandalism,
or other criminal or tortious acts.
(T) "Obsolete advertising device"
means a device which displays advertising copy pertaining to commercial
activities which are no longer operating or in use for over one
year.
(U) "Off-premise advertising device"
means an outdoor advertising device whose advertising copy promotes or
advertises an activity, service, event, or product located on property other
than property at which such activity or service occurs or which product is sold
or manufactured, or an advertising device erected for the purpose of selling or
exchanging advertising messages for pecuniary benefit.
(V)(Q) "Official sign"
means an outdoor
advertising device
sign erected and maintained by public officers or
public agencies within their territory or jurisdiction and pursuant to and in
accordance with direction or authorization contained in federal, state or local
law for the purpose of carrying out an official duty or responsibility.
(W) "On-premise advertising device"
means an advertising device located at the same site as the commercial activity
or property advertised, and has as its purpose the identification of the
commercial activity, its products or services, or the sale or lease of the
property on which the sign is located, rather than the purpose of general
advertising. It must meet the requirements of divisions (B) and (C) of section
5516.02, divisions (B) and (C) of section 5516.06, and divisions (B) and (C) of
section 5516.061 of the Revised Code and must be located upon property either
owned or leased and used by the advertised business or profession for the
purpose of conducting the advertised business activity.
(X)(R) "Parkland" means
any publicly owned land which is designated or used as a public park,
recreation area, wildlife or waterfowl refuge, memorial, or historic
site.
(Y)(S) "Proposed
interchange" means an interchange or access point contained in the department's
final alignment.
(Z) "Public service signs" includes,
but is not limited to, time and temperature signs not erected for the purposes
of general advertising.
(AA) "Public utility signs" means
warning signs, informational signs, notices, or markers which are erected and
maintained by publicly or privately owned public utilities, as essential to
their operations.
(BB)(T) "Re-erect" means
the placing of any advertising device in such a position as to make its
advertising copy visible subsequent to its initial erection and
removal.
(CC)(U) "Remove" means the
complete disassembly and removal of an advertising device including all
component parts, so that its sign face is no longer visible, except if removal
would result in substantial structural damage to a building. All electrical
service shall be disconnected, if any, and there shall be a complete removal of
wires, conduit and supporting structures including the removal from the
property of all disassembled elements of the advertising device.
(DD)(V)
"Safety rest area" means an area or site established and maintained within or
adjacent to the right-of-way by or under public supervision or control, for the
convenience of the traveling public.
(EE)(W) "Scenic area"
means any public park or area of particular scenic beauty or historical
significance designated by the director of transportation or other public
authority.
(FF) "Service club and religious
notice" means non-commercial signs and notices, whose erection is authorized by
law, relating to meetings of nonprofit service clubs, charitable associations,
or religious services.
(GG) "Trade name" means any brand
name, trademark, distinctive symbol, or other similar device or thing used to
identify particular products, brands, companies, or services.
(HH)(X) "Traveled way"
means the portion of a roadway for the movement of vehicles including ramps and
turning roadways but exclusive of shoulders.
(II)(Y) "Turning roadway"
means a connecting roadway for traffic turning between two intersecting legs of
an interchange.
(JJ)(Z) "Variable message
sign face" means one whose message is partially changed by electronic process
or remote control, including, but not limited to, rotating cubes, rotating
vertical triangular slats, messages changed by turning lights on and off,
remote numeric displays, scrolling messages, glow cubes, light emitting diodes,
cathode ray tubes and florescent discharge or other similar technology approved
by the director. Furthermore, digit(s) changed infrequently is/are not to be
considered moving, flashing, or intermittent lights or moving parts and will be
deemed a change of copy only.
(KK)(AA) "Business
District" means an area fronting upon a street or highway on the non-freeway
portion of the federal aid primary or national highway systems, including the
street or highway, between successive signalized intersections within
incorporated municipalities where fifty per cent or more of the frontage
between successive intersections for a distance of three hundred feet in both
directions is occupied by buildings in use for business.
(LL)(BB)
"Sign Face" means a part of the advertising device that contains or displays
visible advertising copy. It is distinguished from other parts of the device,
including another sign face, light fixtures, the apron, or catwalk unless those
components display a part of the visible advertising content of the
sign.
