FOR CARRYING OUT NATIONAL POLICY RELATIVE TO CONTROL OF
OUTDOOR ADVERTISING IN AREAS ADJACENT TO THE NATIONAL SYSTEM OF INTERSTATE AND
DEFENSE HIGHWAYS AND THE FEDERAL-AID PRIMARY SYSTEM.
THIS AGREEMENT made and entered into this 18th day of
January, 1968, by and between the United states of America represented by the
Secretary of Transportation acting by and through the Federal Highway
Administrator, hereinafter referred to as the Administrator, and the state of
Utah, acting by and through its Governor, hereinafter referred to as the
State.
Witnesseth:
WHEREAS, the governor is authorized by Senate Bill No. 94,
enacted by the Thirty-seventh Utah State Legislature, to enter into agreements
with the Secretary of Commerce, whose functions, powers and duties in regard to
highway matters have been transferred to the Secretary of Transportation by
Public Law 89-760, 89th Congress, on behalf of the State of Utah to comply with
Title I of the Highway Beautification Act of 1965; and
WHEREAS, Section 131(d) of Title 23, United states Code
provides for agreement between the Secretary of Transportation and the several
states to determine the size, lighting, and spacing of signs, displays, and
devices, consistent with customary sue, which may be erected and maintained
within 660 feet of the nearest edge of the right-of-way within areas adjacent
to the interstate and primary systems which are zoned industrial or commercial
under authority of state law or in unzoned commercial or industrial areas,
which areas are also to be determined by agreement, and
WHEREAS, the purpose of said agreement is to promote the
reasonable, orderly, and effective display of outdoor advertising while
remaining consistent with the national policy to protect the public investment
in interstate and primary highways, to promote the safety and recreational
value of public travel and to preserve natural beauty; and
WHEREAS, the State of Utah elects to implement and carry out
the provisions of Section 131 of Title 23, United states Code, and the national
policy in order to remain eligible to receive the full amount of all
federal-aid highway funds to be apportioned to such state on or after January1,
1968, under Section 104 of Title 23, United States Code.
NOW, THEREFORE, the parties hereto do mutually agree as
follows:
I. Definitions
A. The term "Act" means Section
131 of Title
23, United States Code (1965), commonly referred to as Title I of the Highway
Beautification act of 1965.
B.
Commercial or industrial zone means those areas which are reserved for
business, commerce, or trade pursuant to comprehensive local zoning ordinance
or regulation, or enabling state legislation, including Highway Service areas
lawfully zoned as Highway Service Zones, in which the primary use of the land
is reserved for commercial and roadside services other than outdoor advertising
to serve the traveling public.
C.
Unzoned commercial or industrial area means those areas not zoned by state or
local law, regulation or ordinance, which are occupied by one or more
industrial or commercial activities, other than outdoor advertising signs, the
lands along the highway for a distance of 600 feet immediately adjacent to the
activities, and those lands directly opposite on the other side of the highway
to the extent of the same dimensions provided those lands on the opposite side
of the highway are not deemed scenic or having aesthetic value as determined by
the Utah Road Commission.
All measurements shall be from the outer edge of the
regularly used buildings, parking lots, storage or processing areas of the
activities, and shall be along or parallel to the edge of pavement of the
highway.
D. Commercial or
industrial activities, for purposes of the unzoned area definition above, mean
those activities generally recognized as commercial or industrial by zoning
authorities in this state, except that none of the following activities shall
be considered commercial or industrial:
1.
Agricultural, forestry, grazing, farming, and related activities, including,
but not limited to wayside fresh produce stands.
2. Transient or temporary
activities.
3. Activities not
visible from the main-traveled way.
4. Activities conducted in a building
principally used as a residence.
5.
Railroad tracks and minor sidings.
Should any commercial or industrial activity, which has been
used in defining or delineating an unzoned area, cease to operate for a period
of six continuous months, any signs located within the former unzoned area
shall become non-conforming.
E. Sign means any outdoor sign, light ,
display, device, figure, painting, drawing, message, placard, poster,
billboard, or other thing which is designed, 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 the interstate or federal-aid
primary highway.
F. Erect means 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 or repair of a sign or sign
structure.
G. Center line of the
highway means a line equidistant from the edges of the median separating the
main-traveled way of a divided interstate or other limited-access highway, or
the center line of the main-traveled way of a non-divided highway.
H. Visible means capable of being seen
(whether or not legible) without visual aid by a person of normal visual
acuity.
I. Main-traveled way means
the traveled way of a highway on which through traffic is carried. In the case
of a divided highway, the traveled way of each of the separate roadways for
traffic in opposite directions is a main-traveled way. It does not include such
facilities as frontage roads, turning roadways, or parking areas.
II. Scope of Agreement
This agreement shall apply to:
A. All zoned and unzoned commercial and
industrial areas within 660 feet of the nearest edge of the right-of-way of all
portions of the interstate and primary systems within the State of Utah in
which outdoor advertising signs, displays and devices may be visible from the
main-traveled way of said system.
III. State Control
The State hereby agrees that, in all areas within the scope
of this agreement, the State shall effectively control or cause to be
controlled, the erection and maintenance of outdoor advertising signs,
displays, and devices erected subsequent to the effective date of this
agreement other than those advertising the sale or lease of the property on
which they are located, or activities conducted thereon, in accordance with the
following criteria:
A. In zoned and
unzoned commercial and industrial areas, the criteria set forth below shall
apply to signs, displays and devices erected subsequent to the effective date
of this agreement.
General
THE FOLLOWING SIGNS SHALL NOT BE PERMITTED
1. Signs which imitate or resemble any
official traffic sign, signal, or device.
2. Signs which are erected or maintained upon
trees or painted or drawn upon rocks or other natural features.
3. Signs which are erected or maintained 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.
Size of Signs
1. No
sign shall exceed the following dimensions:
(a) Maximum area - 1000 square feet
(b) Maximum height--25 feet
(c) Maximum length--60 feet
2. The area shall be measured by
the outer limits of the advertising space.
3. A sign structure may contain no more than
two facings visible and readable from the same direction on the main traveled
way on any one sign structure. Whenever two facings are so positioned, neither
shall exceed 325 square feet.
4.
Back-to-back or V-type sign structures will be permitted with the maximum area
being allowed for each facing; and considered as one structure and subject to
spacing as herein below provided, but must be erected so that no more than two
facings are visible to traffic in any one direction.
Spacing of Signs
1.
Signs may not be located within 500 feet of any of the following which are
adjacent to the highway:
(a) Public
parks
(b) Public forests
(c) Playgrounds
(d) Cemeteries
2. Interstate Highways and Limited-Access
Highways on the Primary System.
(a) Spacing
between sign structures along each side of the highway shall be a minimum of
500 feet except that this spacing shall not apply to signs which are separated
by a building or other obstruction in such a manner that only one sign located
within the minimum spacing distance set forth above is visible from the highway
at any one time.
(b) No sign may be
located on an interstate highway or freeway within 500 feet of an interchange,
or intersection at grade, or rest area (measured along the interstate highway
or freeway from the sign to the nearest point of the beginning or ending of
pavement widening at the exit from or entrance to the main-traveled
way).
3. Non-Limited
Access Primary Highways.
The location of sign structures situated between streets,
roads or highway entering into or intersecting the main traveled way shall
conform to the following minimum spacing criteria to be applied separately to
each side of the primary highway:
(a)
Where the distance between centerlines of intersecting streets or highways is
less than 1000 feet, a minimum spacing between structures of 150 feet
(double-faced, V-type and/or back-to-back) may be permitted between such
intersecting streets or highways.
(b) Where the distance between centerlines of
intersecting streets or highways is 1000 feet or more, minimum spacing between
sign structures (double-faced, V-type and/or back-to-back) shall be 300
feet.
4. Explanatory
Notes
(a) Alleys, undeveloped rights-of-way,
private roads and driveways shall not be regarded as intersecting streets,
roads or highways.
(b) Only roads,
streets and highways which enter directly into the main-traveled way of the
primary highway shall be regarded as intersecting.
(c) Official and "on premise" signs, as
defined in Section 131 (c) of Title 23, United states Code, shall not be
counted nor shall measurements be made from them for purposes of determining
compliance with the above spacing requirements.
(d) The minimum distance between signs shall
be measured along the nearest edge of the pavement between points directly
opposite the signs.
Lighting
Signs may be illuminated, subject to the following
restrictions:
1. Signs which contain,
include, or are illuminated by any flashing, intermittent, or moving light or
lights are prohibited, except those giving public service information such as
time, date, temperature, weather, or similar information.
2. Signs which are not effectively shielded
as to prevent beams or rays of light from being directed at any portion of the
traveled way of the highway and 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.
IV. Interpretation
The provisions contained herein shall constitute the
acceptable standards for effective control of signs, displays, and devices
within the scope of this agreement.
Nothing contained herein shall be construed to abrogate or
prohibit a municipality from exercising a greater degree of control of outdoor
advertising than that required or contemplated by the Act of from adopting
standards which are more restrictive in controlling outdoor advertising than
the provisions of this Agreement.
Standards and criteria contained in Section III shall apply
to signs erected subsequent to the effective date of this Agreement. Existing
signs in zoned and unzoned commercial or industrial areas will be considered to
be conforming to said standards and criteria.
In the event the provisions of the Highway Beautification Act
of 1965 are amended by subsequent action of Congress, or the provisions of
Chapter 51, Section 5, Laws of Utah, 1967, are amended by subsequent action of
the Utah state Legislature, the parties reserve the right to re-negotiate this
Agreement or to modify it to conform with any amendment.
V. Effective Date
This agreement shall become effective when signed and
executed on behalf of both the State and the Untied States of America.
IN WITNESS WHEREOF, the State has caused this Agreement to be
duly executed in its behalf, and the Secretary of transportation has likewise
caused the same to be duly executed in his behalf, as of the dates specified
below.
