Current through Register Vol. 48, No. 5, May 24, 2024
Section 63-343 - General Standards for Outdoor Advertising SignsA. Criteria for determining if a sign is intended to be read from the main-traveled way: (1) The sign is visible and any advertising or message is legible.(2) Consideration shall be given to the nature of sign, what it is directing the readers' attention toward, and where the product or service can be obtained in relation to the highway.(3) Viewing time of any advertising or message is a primary factor to consider. If the viewing time during which any portion of the advertising or message is legible is five seconds or longer, by an individual traveling in a passenger car at the speed limit, the sign shall be deemed to be intended to be read from the main-traveled way.B. Where a sign is legible from two or more highways, one or more of which is a highway subject to the provisions of the Act, the more stringent of applicable control requirements will apply.C. If any commercial or industrial activity which has been used in determining the existence and size of an unzoned commercial or industrial area ceases to operate or reduces its operations to the extent that it would be classified as transient or temporary, the unzoned commercial or industrial area shall be redetermined based on the remaining activities. Any sign located within the former unzoned commercial or industrial area, but which is located outside of the unzoned commercial or industrial area based on the redetermined dimensions, becomes a nonconforming sign.D. When the Department declares a sign to be illegal, the Department must only give notice once in writing. If the illegal sign is relocated to any site which is illegal under the Act, including an otherwise legal site for which a permit has not been received, or is removed and later erected again at the same site, no additional notice is required before the Department is authorized to remove the sign. If the owner of the sign cannot be identified by information on the sign, notice may be given by prominently posting notice on the sign for a period of thirty days after which time notice shall be complete.Amended by State Register Volume 13, Issue No. 6, eff June 23, 1989; Amended by State Register Volume 16, Issue No. 7, eff July 24, 1992; State Register Volume 31, Issue No. 3, eff March 23, 2007.