Section R17-3-701. Outdoor Advertising Control

A.      Purpose. The purpose of this subsection is to present the defi- nitions of specialized terms used in describing outdoor adver- tising 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 infor- mation 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, ser- vice club and religious notices, public service signs, and directional signs.

5.        “Double-faced sign” means a sign that has two faces fac- ing 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 struc- ture 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 constitu- tional provision or statute, or an ordinance, rule, or regu- lation 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 main- tained, 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 deter- mined by traffic counts) viewing the outdoor adver- tising 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-trav- eled 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 sig- nificance 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 activi- ties necessary to keep the sign in good repair, safe condi- tion, 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 manu- factured.

20.     “On-premise sign” means any sign that meets the follow- ing 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 gen- eral advertising.

c.        In the case of an on-premise sign advertising an activity, the premises must include all actual land used or occu- pied for the activity, including its buildings, parking, stor- age 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 desig- nated 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 autho- rized or approved by city, county, or state law, regu- lation, 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 pri- vately 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 high- way right-of-way by or under public supervision or con- trol 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 associa- tions, 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-trav- eled way for more than five seconds traveling at the posted speed limit or for such a time as the whole mes- sage 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 per- mit 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 renew- able 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, Inter- modal 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 advertis- ing 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 per- mitted 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 ade- quately 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 neces- sary 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 Per- mit 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 struc- ture exists.

14.     Removal and re-erection time limits. If an outdoor adver- tising 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 Ari- zona Department of Transportation, Intermodal Transpor- tation 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 can- cel the existing permit.

15.     Transfer of permits. Permits are transferable upon sale of sign provided a new owner furnishes the Arizona Depart- ment 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 con- trol, shall mean calendar days.

C.      Administrative rules.

1.        Purpose. The purpose of this subsection is to present administrative rules developed by the Arizona Depart- ment 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 high- way 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 mate- rial composition beyond normal maintenance,

d.        A sign is relocated (moved to a new position or loca- tion 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 opera- tion 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 per- mitable 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 Transporta- tion as an interstate freeway alignment prior to construc- tion 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 spac- ing from other signs shall be measured from the middle of the apex.

9.        Multifaced community signs. Local chambers of com- merce 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 desig- nate a hearing officer, who shall be an administrative employee of the Department of Transportation, to con- duct 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 Trans- portation 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 beautifica- tion laws.

13.     Blanked out or discontinued nonconforming signs. When an existing nonconforming sign ceases to display adver- tising matter for a period of one year the use of the struc- ture 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 tor- tious acts.

D.      Standards for directional and other official signs.

1.        Purpose. The purpose of this subsection is to present stan- dards 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,		(1)  No two directional signs facing the same
	federal-aid primary and secondary highway systems and		direction of travel shall be spaced less than
	which are visible from the main-traveled way of the sys-		one mile apart;
	tems. These types of signs must conform to national stan-		(2)  Not more than three directional signs per-
	dards, promulgated by the Secretary of Transportation		taining to the same activity and facing the
	under authority set forth in 23 U.S.C. 131(c). These stan-		same direction of travel may be erected
	dards do not apply, however, to directional and other offi-		along a single route approaching the activ-
	cial signs erected on the highway right-of-way.		ity;
3.	Standards for directional signs. The following apply only		(3)  Directional signs located  adjacent to the
	to directional signs:		Interstate System shall be within 75 air
	a.     General. The following signs are prohibited:		miles of the activity; and
	i.      Signs  advertising   activities  that   are  illegal		(4)  Directional signs located  adjacent to the
	under federal or state laws or regulations in		Primary  System  shall  be  within  50  air
	effect at the location of those signs or at the		miles of the activity.
	location of those activities.		(5)  No directional signs shall be located within
	ii.     Signs located in such a manner as to obscure or		500 feet of an off-premise outdoor adver-
	otherwise interfere with the effectiveness of an		tising sign on any state highway.
	official traffic sign, signal, or device or obstruct	e.	Message content. The message on directional signs
	or interfere with the driver’s view of approach-		shall be limited to the identification of the attraction
	ing, merging, or intersecting traffic.		or activity and directional information useful to the
	iii.   Signs which are erected or maintained upon		traveler in locating the attraction, such as mileage,
	trees or painted or drawn upon rocks or other		route numbers, or exit number. Descriptive words or
	natural features.		phrases, and pictorial or photographic representa-
	iv.    Obsolete signs.		tions of the activity or its environs are prohibited.
	v.     Signs which are structurally unsafe or in disre-	f.	Selection methods and criteria for privately owned
	pair.		activities  or  attractions  to   obtain  directional  sign
	vi.   Signs which move or have any  animated or		approval.
	moving parts.		i.      Privately owned activities are attractions eligi-
	vii.  Signs located in rest areas, parklands or scenic		ble for directional signing are limited to the fol-
	areas.		lowing categories:
	b.     Size.  No  sign  shall  exceed  the  following  limits,		(1)  Natural phenomena,
	which include border and trim, but exclude supports.		(2)  Scenic attractions,
	i.      Maximum area -- 150 square feet.		(3)  Historic sites,
	ii.     Maximum height -- 20 feet.		(4)  Educational sites,
	iii.   Maximum length -- 20 feet.		(5)  Cultural sites,
	c.      Lighting. Signs may be illuminated, subject to the		(6)  Scientific sites,
	following:		(7)  Religious sites, and
	i.      Signs which contain, include, or are illuminated		(8)  Outdoor recreational areas.
	by any flashing, intermittent or moving light or		ii.     To be eligible, privately owned attractions or
	lights are prohibited.		activities  must  be  nationally  or  regionally
	ii.     Signs which are not effectively shielded so as		known, and of outstanding interest to the trav-
	to prevent beams or rays of light from being		eling public.
	directed at any portion of the traveled way of an		iii.   The Director, Arizona Department of Transpor-
	Interstate or primary highway or which are of		tation, will appoint a Selection Board for Direc-
	such intensity or brilliance as to cause glare or		tional   Signing    Qualifications   consisting   of
	to impair the vision of the driver of any motor		three administrative or professional employees
	vehicle, or which otherwise interfere with any		of  the   Department  of  Transportation,  one  of
	driver’s operation of a motor vehicle are pro-		whom shall be designated as chairperson, to
	hibited.		judge and approve the qualifications for direc-
	iii.   No sign may be so illuminated as to interfere		tional signing of privately owned activities or
	with the effectiveness of or obscure an official		attractions as limited to the categories in sub-
	traffic sign, device, or signal.		section (D)(3)(f)(i) and the qualification in sub-
	d.     Spacing.		section (D)(3)(f)(ii).
	i.      Each  location   of  a  directional   sign  must  be		iv.    Applicants for directional signs involving pri-
	approved by the Arizona Department of Trans-		vately owned activities or attractions, shall first
	portation.		qualify the activity or attraction by submitting
	ii.     No  directional   sign  may  be   located  within		an official qualification form to the attention of
	2,000 feet of an interstate, or intersection at		the  maintenance  permit  engineer,   highways
	grade along the interstate system or other free-		division,  Arizona   Department  of  Transporta-
	ways (measured along the interstate of freeway		tion. The maintenance permit engineer will for-
	from the nearest point of the beginning or end-		ward  the  application   for  qualification,  along
	ing of pavement widening at the exit from or		with any technical data which may assist the
	entrance to the main traveled way).		selection board in making the selection board’s
	iii.   No  directional  sign  may  be  located  within		determination, to the selection board.
	2,000 feet of a rest area, parkland, or scenic		v.     Applicant shall indicate one or more categories
	area.		(as listed in subsection (D)(3)(f)(i) that is appli-

cable to the activity or attraction for which qualification is sought. Applicants shall submit a statement and supporting evidence that the