La. Admin. Code tit. 70 § III-136
Current through Register Vol. 50, No. 11, November 20, 2024
Section III-136 - Erection and Maintenance of Outdoor Advertising in Unzoned Commercial and Industrial AreasUnzoned Commercial or Industrial Areas-those areas which are not zoned by state or local law, regulation, ordinance and on which there are located one or more permanent structures within which a commercial or industrial business is actively conducted, and where the area along the highway extends outward 800 feet from and beyond the edge of the activity.
B. Qualifying Criteria 1. Primary Use Test a. The business must be equipped with all customary utilities and must be open to the public regularly or be regularly used by employees of the business as their principal work stations.b. The primary use or activity conducted in the area must be of a type customarily and generally required by local comprehensive zoning authorities in this state to be restricted as a primary use to areas which are zoned industrial or commercial.c. The fact that an activity may be conducted for profit in the area is not determinative of whether or not an area is an unzoned or commercial area. Activities incidental to the primary use of the area, such as a kennel or a repair shop in a building or on land which is used primarily as a residence, school, church or assisted/extended living facilities do not constitute commercial or industrial activities for the purpose of determining the primary use of an unzoned area even though income is derived from the activity.d. If, however, the activity is primary and local comprehensive zoning authorities in this state would customarily and generally require the use to be restricted to a commercial or industrial area, then the activity constitutes a commercial or industrial activity for purposes of determining the primary use of an area, even though the owner or occupant of the land may also live on the property.e. The actual land use at the sign site cannot be agricultural or farming.2. Visibility and Measurement Test a. The area along the highway extending outward 800 feet from and beyond the edge of such activity shall also be included in the defined area.b. The purported commercial or industrial activity must be visible from the main-traveled way within the boundaries of that unzoned commercial or industrial area by a motorist of normal visual acuity traveling at a maximum posted speed limit on the main traveled way of the highway. Visibility will be determined at the time of the field inspection by the department's authorized representative.c. Each side of the highway will be considered separately. All measurements shall be from the outer edge of the regularly used buildings, parking lots, storage, processing, or landscaped areas of the commercial or industrial activity and shall not be made from the property lines of the activities. The measurement shall be along or parallel to the edge of the pavement of the highway.3. Structures and Grounds Requirements a. Area. Any structure to be used as a business or office must have an enclosed area of 600 square feet or more.b. Foundation. Any structure to be used as a business or office must be affixed on a slab, piers or foundation.c. Access. Any structure to be used as a business or office must have unimpeded access from a roadway to an adequate customer parking lot adjacent to business building.d. Utilities. Any structure to be used as a business or office must have normal utilities. Minimum utility service shall include business telephones, electricity, water service and waste water disposal, all in compliance with appropriate local, state and parish rules. Should a state, parish or local rule not exist, compliance with minimum utility service shall be determined at the time of field inspection by the department's authorized representative.e. Identification. The purported enterprise must be identified as a commercial or industrial activity which may be accomplished by on-premise signing or outside visible display of product.f. Use. Any structure to be used as a business or office must be used exclusively for the purported commercial or industrial activity.g. Limits. Limits of business activity shall be in accordance with the definition of Unzoned commercial or industrial areas as stated in §136. B 2h. Activity requirements. In order to be considered a commercial or industrial activity for the purpose of outdoor advertising regulation, the following conditions shall be taken into consideration by the department. The department shall make a determination based upon a totality of the circumstances.i. The purported activity enterprise is open for business and actively operated and staffed with personnel on the premises a minimum of eight hours each day and a minimum of five days each week. However, some businesses may not require staffing, such as a laundry mat, car wash, etc. The department has the discretion to determine whether the business requires staff to operate the business.ii. The purported activity or enterprise maintains all necessary business licenses, occupancy permits, sales tax and other records as may be required by applicable state, parish or local law or ordinance.iii. A sufficient inventory or products is maintained for immediate sale or delivery to the consumer. If the product is a service, it must be available for purchase on the premises.iv. The purported activity or enterprise is in active operation a minimum of six months at its current location prior to the issuance of any outdoor advertising permit.C. Where a mobile home, manufactured building, or a recreational vehicle is used as a business or office, the following conditions and requirements also apply. 1. Self-propelled vehicles will not qualify for use as a business or office for the purpose of these rules.2. All wheels, axles, and springs must be removed.3. The vehicle must be permanently secured on piers, pad or foundation.4. The vehicle must be tied down in accordance with minimum code requirements. If no code, the vehicle must be affixed to piers, pad or foundation.D. Non-Qualifying Activities 1. Outdoor advertising structures;2. agriculture, forestry, ranching, grazing, farming and related activities, including but not limited to, wayside fresh produce stands;3. transient or temporary activities;4. activities more than 660 feet from the nearest edge of the right-of-way;5. activities conducted in a building principally used as a residence, school, church or assisted/extending living facility.6. railroad tracks and minor sidings;7. residential trailer parks, apartments, rental housing and related housing establishments intended for long term residential uses;8. oil and mineral extraction activities;10. schools, churches or cemeteries;11. recreational facilities.La. Admin. Code tit. 70, § III-136
Promulgated by the Department of Transportation and Development, LR 25:880 (May 1999), amended by the Department of Transportation and Development, Office of Highways/Engineering, LR 31:945 (April 2005), repromulgated LR 32:117 (January 2006), amended LR 37:917 (March 2011).AUTHORITY NOTE: Promulgated in accordance with R.S. 48:461 et seq.