La. Admin. Code tit. 70 § III-138

Current through Register Vol. 50, No. 11, November 20, 2024

Section III-138 - Erection and Maintenance of Outdoor Advertising in Areas Zoned Commercial and Industrial

A.Areas Zoned Commercial or Zoned Industrial-those areas in a comprehensively zoned political subdivision set aside for commercial or industrial use pursuant to the state or local zoning regulations, but shall not include areas which reflect strip zoning, spot zoning or variances granted by the local political subdivisions strictly for outdoor advertising.

B. To determine whether a zoning action, past or present, is an attempt to circumvent outdoor advertising laws and/or rules, the following factors shall be taken into consideration:

1. expressed reason for zoning change;

2. zoning for the surrounding area;

3. actual land use;

4. existence of plans for commercial or industrial development;

5. availability of utilities (water, electricity, sewage) in the newly zoned area;

6. existence of access roads or dedicated access to the newly zoned area; and

7. documentation that property has been assessed in accordance with zoning.

C. If a combination of the factors set forth in Subsection B demonstrate that the zoning action is taken primarily to allow outdoor advertising devices (billboards) in areas that have none of the attributes of a commercial or industrial area, the department may deny a permit for the erection of outdoor advertising devices.

D. If outdoor advertising permits have been issued for existing devices in zoned areas which do not meet the requirements of Subsections B and C, such outdoor advertising devices will be considered "legal non-conforming."

La. Admin. Code tit. 70, § III-138

Promulgated by the Department of Transportation and Development, Office of Highways/Engineering, LR 31:1610 (July 2005).

AUTHORITY NOTE: Promulgated in accordance with R.S. 48:461 et seq.