section .0200 – outdoor advertising

 

19A NCAC 02E .0201       DEFINITIONS FOR OUTDOOR ADVERTISING

CONTROL

In addition to the definitions set forth in G.S. 136-128,

the following definitions shall apply for purposes of outdoor advertising

control:

(1)           Abandoned Sign:  A sign that is not being

maintained as required by the rules in this Section.  The absence of a valid

lease is one indication of an abandoned sign.  An outdoor advertising sign

structure shall be considered to be abandoned if for a period of 12 months the

sign has been without a message, contains obsolete advertising matter, or is

significantly damaged or dilapidated.

(2)           Automatic Changeable Facing Sign:  A sign, display,

or device which changes the message or copy on the sign facing electronically by

movement or rotation of panels or slats.

(3)           Blank Sign:  A sign structure on which all faces

contain no message, or which contains only a telephone number advertising its

availability.

(4)           Comprehensive Zoning:  Zoning by local zoning

authorities of each parcel of land under the jurisdiction of the local zoning

authority placed in a zoning classification pursuant to a comprehensive plan,

or reserved for future classification.

(a)           A comprehensive plan means a development

plan which guides decisions by the local zoning authority relating to zoning

and the growth and development of the area.

(b)           Even if comprehensively enacted, the

following criteria shall determine whether such zoning is enacted primarily to

permit outdoor advertising:

(i)            The zoning classification provides for

limited commercial or industrial activity only incidental to other primary land

uses;

(ii)           The commercial or industrial activities are

permitted only by variance or special exceptions; or

(iii)          The zoning constitutes spot or strip zoning. 

"Spot zoning" or "strip zoning" is zoning designed

primarily for the purpose of permitting outdoor advertising signs in an area

which would not normally permit outdoor advertising.

(5)           Conforming Sign:  A sign legally erected in a zoned

or unzoned commercial or industrial area which meets all current legal

requirements for erecting a new sign at that site.

(6)           Controlled Access Highway:  A highway on which

entrance and exit accesses are permitted only at designated points.

(7)           Controlled Route:  Any interstate or federal-aid

primary highway as it existed on June 1, 1991, and any highway which is or

becomes a part of the National Highway System (NHS).

(8)           Destroyed Sign:  A sign no longer in existence due

to factors other than vandalism or other criminal or tortious acts.  An example

of a destroyed sign includes a sign which has been blown down by the wind and

sustains damage in excess of 50 percent as determined by the criteria in 19A

NCAC 02E .0225(f).

(9)           Dilapidated Sign:  A sign which is shabby, neglected,

or in disrepair, or which fails to be in the same form as originally

constructed, or which fails to perform its intended function of conveying a

message. Characteristics of a dilapidated sign include, but are not limited to,

structural support failure,  a sign not supported as originally constructed,

panels or borders missing or falling off, intended messages cannot be

interpreted by the motoring public, or a sign which is blocked by overgrown

vegetation outside the highway right of way.

(10)         Directional Sign:  A sign which contains directional

information about public places owned or operated by federal, state, or local

governments or their agencies; publicly or privately owned natural phenomena,

historic, cultural, scientific, educational, and religious sites; and areas of

natural scenic beauty or naturally suited for outdoor recreation, deemed to be

in the interest of the traveling public.  Directional and other official signs

and notices include, but are not limited to, public utility signs, service club

and religious notices, or public service signs.

(a)           Public Service Sign:  A sign located on a

school bus stop shelter which meets all the following requirements:

(i)            identifies the donor, sponsor or

contributor of said shelter;

(ii)           is located on a school bus shelter which is

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;

(iii)          contains only safety slogans or messages

which shall occupy not less than 60 percent of the area of the sign;

(iv)          does not exceed 32 square feet in area; and

(v)           contains not more than one sign facing in

any one direction.

(b)           Public Utility Sign:  A warning sign,

informational sign, notice or other marker customarily erected and maintained

by publicly or privately owned utilities, which are essential to their

operations.

(c)           Service Club and Religious Notices:  Any

sign or notice authorized by law which relates to meetings of nonprofit service

clubs, charitable associations, or religious services.  These signs shall not

exceed eight square feet in area.

(11)         Discontinued Sign:  A sign no longer in existence. 

A discontinued sign includes a sign of which any part of a sign face is missing

more than 180 days.  In some cases, a sign may be both discontinued and

dilapidated.

(12)         Freeway:  A divided arterial highway for through

traffic with full control of access.

(13)         Highway:  A highway that is designated as a part of

the interstate or federal-aid primary highway system as of June 1, 1991, or any

highway which is or becomes a part of the National Highway System.  A highway

shall be a part of the National Highway System on the date the location of the

highway has been approved finally by the appropriate federal authorities.

(14)         Lease:  An agreement, in writing, by which

possession or use of land or interests therein is given for a specified purpose

and period of time, and which is a valid contract under North Carolina laws.

(15)         Main Traveled Way or Traveled Way:  Part of a

highway on which through traffic is carried, exclusive of paved shoulders.  In

the case of a divided highway, the traveled way of each of the separated

roadways for traffic in opposite directions is a traveled way.  It does not

include frontage roads, turning roadways, or parking areas.

(16)         Nonconforming Sign:  A sign which was lawfully

erected but which does not comply with the provisions of State law or rules

passed at a later date or which later fails to comply with State law or rules

due to changed conditions.  For purposes of the outdoor advertising rules,

nonconforming signs also include those signs which have become nonconforming

pursuant to 19A NCAC 02E .1002(d) on scenic byways which were part of the

interstate or federal-aid primary highway system as of June 1, 1991, or which

are or become a part of the National Highway System.

(17)         Official Sign/Notice:  A sign or notice erected and

maintained by public officers or public agencies within their territorial or

zoning jurisdictions and pursuant to and in accordance with federal, state, or

local law for the purpose of carrying out an official duty or responsibility. 

Official signs and notices include, but are not limited to, historical markers

authorized by state law and erected by state or local government agencies or

nonprofit historical societies.

(18)         On-premise/On-property Sign:  A sign which

advertises the sale or lease of property upon which it is located or which

advertises an activity conducted or product for sale on the property upon which

it is located.  An on-premise sign may not be converted to a permitted outdoor

advertising sign unless it meets all rules in effect at the time of the

conversion request.  An on-premise sign must be located on property contiguous

to the property on which the activity is located.  Tracts not considered to be

contiguous include, but are not limited to:

(a)           Tracts of land separated by a federal,

state, city, or public access maintained road;

(b)           Tracts of land not under common ownership;

or

(c)           Tracts of land held in different estates or

interests.

(19)         Parkland:  Any publicly owned land which is

designated or used as a public park, recreation area, wildlife or waterfowl

refuge or historic site.

(20)         Permit Holder: A permit holder shall be the sign

owner, and for purposes of the rules in this Section the terms and definitions

shall be interchangeable, unless the Department of Transportation, through the

appropriate district office, has been notified in writing that the permit

holder is a person or entity other than the actual owner of the sign.  In this

case, the actual sign owner’s name, mailing address, and telephone number must

be declared.

(21)         Salvageable Sign Components:  Components of the

original sign structure prior to the damage that can be repaired or replaced on

site by the use of labor only.  If any materials, other than nuts, bolts, nails

or similar hardware, are required in order to repair a component, the component

is not considered to be salvageable.

(22)         Scenic Area:  Any area of particular beauty or

historical significance as determined by the federal, state, or local official

having jurisdiction thereof, and includes interests in land which have been

acquired for the restoration, preservation and enhancement of beauty.

(23)         Scenic Byway: A scenic highway or scenic byway

designated by the Board of Transportation, regardless of whether the route so

designated was part of the interstate or federal-aid primary highway system as

of June 1, 1991, or any highway which is or becomes a part of the National

Highway System.

(24)         Sign:  Any outdoor sign, sign structure, display,

light, device, figure, painting, drawing, message, placard, poster, billboard,

or other object which is designed, intended, or used to advertise or inform.  A

sign includes any of the parts or material of the structure, such as beams,

poles, posts, and stringers, the only eventual purpose of which is to

ultimately display a message or other information for public view.  For

purposes of these rules, the term "sign" and its definition shall be

interchangeable with the following terms:  outdoor advertising, outdoor

advertising sign, outdoor advertising structure, outdoor advertising sign

structure, sign structure, and structure.

(25)         Sign Conforming by Virtue of the "Grandfather

Clause:"  A sign legally erected prior to the effective date of the

Outdoor Advertising Control Act or prior to the addition of a route to the

interstate or federal-aid primary system or NHS in a zoned or unzoned

commercial or industrial area which does not meet all current standards for

erecting a new sign at that site.

(26)         Sign Face:  The part of the sign, including trim and

background, which contains the message or informative contents.  For purposes

of measuring the maximum area or height of a sign, embellishments or extended

advertising shall be excluded.

(27)         Sign Location/Site:  A sign location or site for

purposes of these rules shall be measured to the closest 1/100th of a mile, in

conformance with Department of Transportation methods of measurement for all

state roads.  The location or site shall be determined and listed on each

outdoor advertising permit application by DOT personnel.

(28)         Sign Owner:  A sign owner shall be the permit holder

of record, and for purposes of the rules in this Section the terms and

definitions shall be interchangeable, unless the Department of Transportation,

through the appropriate district office, has been notified in writing that the

sign owner is a person or entity other than the actual holder of the permit. 

In this case, the actual sign owner's name, mailing address, and telephone

number must be declared.

(29)         Significantly Damaged Sign:  A sign which has been

damaged or partially destroyed due to factors other than vandalism or other

criminal or tortious acts to such extent that the damage to the sign is greater

than fifty percent as determined by the criteria in 19A NCAC 02E .0225(f).

(30)         Unzoned Commercial or Industrial Area:  An area

which is not zoned by state or local law, regulation, or ordinance, and which

is within 660 feet of the nearest edge of the right of way of the interstate or

federal-aid primary system or NHS, in which there is at least one commercial or

industrial activity that meets all requirements specified in 19A NCAC 02E

.0203(5).

(31)         Zoned Commercial or Industrial Area:  An area which

is zoned for business, industry, commerce, or trade pursuant to a state or

local zoning ordinance or regulation.  Local zoning action must be taken

pursuant to the state's zoning enabling statute or constitutional authority in

accordance therewith.  Zoning which is not part of comprehensive zoning or

which is created primarily to permit outdoor advertising structures shall not

be recognized as valid zoning for purposes of the Outdoor Advertising Control

Act and the rules promulgated thereunder, unless the land is developed for

commercial or industrial activity as defined under 19A NCAC 02E .0203(5).

 

History Note:        Authority G.S. 136‑130;

Eff. July 1, 1978;

Amended Eff. August 1, 2000; December 1, 1993; March 1,

1993; December 1, 1990; January 1, 1984.