N.Y. Comp. Codes R. & Regs. tit. 17 § 150.1

Current through Register Vol. 46, No. 45, November 2, 2024

Section 150.1 - Definitions

The following words and phrases used in this Part are defined as follows:

(a) Acquired for right-of-way means acquired for right-of-way for any public road by the Federal government, New York State, or a county, city or other political subdivision of the State, by donation, dedication, purchase, condemnation, use or otherwise. The date of acquisition shall be the date upon which title (whether fee title or a lesser interest) vested in the public for right-of-way purposes under applicable Federal or New York State law.

(b) Advertised activity means the building, enclosure or area where the advertised product is being sold or used, or advertised service rendered, or advertised business is being conducted, but does not include display areas separated from the building or enclosure.

(c) Advertising area means the portion of an outdoor advertising sign designed to display or present a message.

(d) Back-to-back, side-by-side, double-faced, bottom-on-top, or a V-type sign means signs which are physically contiguous and which share a common structure, in whole or in part, and are located not more than 15 feet apart at its nearest point in the case of a back-to-back or V-type sign.

(e) Blank sign means an outdoor advertising sign void of advertising or informative content. An "available for lease" or similar message that concerns the availability of the sign itself shall not constitute advertising matter. A sign whose message has been partially obliterated by the owner so as not to identify a particular product, service or facility, or a sign which advertises an event which is outdated by more than 30 days, shall be treated as a blank sign. An outdoor advertising sign containing a public service message may be recognized as advertising matter provided the following criteria are met:

(1) a bona fide public service is referred to;

(2) the entire sign face is covered with the message; and

(3) the sign is professionally prepared or established.

(f) Centerline of the highway means a line equidistant from the edges of the median separating the main-traveled ways of a divided highway, or the centerline of the main-traveled way of a nondivided highway.

(g) Certified controlled area means a zoned commercial or industrial area for which the State has certified to the Federal Highway Administrator, pursuant to the provisions of the agreement entered into between the Commissioner of Transportation and the Secretary of Transportation of the United States, dated May 13, 1968, that there has been established within such area regulations, which are enforced, with respect to the size, lighting and spacing of outdoor advertising signs.

(h) Conforming sign. A sign that is lawfully erected and maintained in a zoned or unzoned commercial or industrial area that complies with the requirements of sections 150.6, 150.7 and 150.8 of this Part.

(i) Commercial or industrial activity for purposes of an unzoned commercial or industrial area means any activity generally recognized as commercial or industrial by zoning authorities in this State, except that none of the following activities shall be considered commercial or industrial:

(1) outdoor advertising structures;

(2) agricultural, forestry, ranching, grazing, farming and related activities, including but not limited to wayside fresh produce stands;

(3) transient or temporary activities;

(4) activities not visible from the main-traveled way;

(5) activities more than 660 feet from the nearest edge of the right-of-way;

(6) activities conducted in a building principally used as a residence; and

(7) railroad tracks and minor sidings.

(j) Controlled access highway means an interstate highway as designated in section 340-a of the Highway Law; an expressway as designated in section 340-c of the Highway Law; or a State highway as designated in section 341 of the Highway Law; or an arterial highway as designated in section 349-e or section 349-f of the Highway Law, which has been or is constructed with control of access for more than a continuous length of more than five miles.

(k) Controlled area means the area adjacent to and within 660 feet of the nearest edge of the right-of-way and any area which is more than 660 feet of the nearest edge of the right-of-way outside of an urban area in which outdoor advertising signs may be visible from the interstate and primary systems.

(l) Directional sign means a sign which conforms to the national standards promulgated by the United States Secretary of Transportation in subpart B, part 750, chapter I, title 23 of the Code of Federal Regulations, "National Standards for Directional and Official Signs", as may be amended, and the provisions of section 150.14 of this Part.

(m) Entrance roadway means any public highway or turning roadway, including acceleration lanes, by which traffic may enter the main-traveled way of a highway from another highway within the State, irrespective of whether traffic may also leave the main-traveled way by such highway or turning roadway.

(n) Erect means to construct, build, raise, assemble, place, affix, attach, create, paint, draw, or in any other way bring into being or establish, but it shall not include any of the foregoing activities when performed as an incident to the change of advertising message or normal maintenance of a sign or sign structure.

(o) Exit roadway means any public highway or turning roadway, including deceleration lanes, by which traffic may leave the main-traveled way of a highway to reach the highway systems within the State, irrespective of whether traffic may also enter the main-traveled way by such highway or turning roadway.

(p) Illegal sign means a sign that is in violation of the outdoor advertising control statutes or the regulations of this Part, and which is not eligible for compensation upon removal.

(q) Incorporated municipality means a political subdivision incorporated under the laws of New York State. This term includes cities and incorporated villages but excludes counties and towns within New York State.

(r) Information center means an area or site established and maintained at a safety rest area for the purpose of informing the public of places of interest within the State and providing such other information as the State may consider desirable.

(s) Informational site means an area or site established and maintained within or adjacent to the right-of-way of a highway by or under the supervision or control of the New York State Department of Transportation, wherein panels for the display of advertising and informational signs may be erected and maintained.

(t) Interstate system means the system of highways as defined in and designated pursuant to subsection (e), section 103 of title 23, United States Code, as amended.

(u) Landmark sign means a sign lawfully erected under State law and in existence on October 22, 1965, which has been determined by the Commissioner of Transportation and approved by the United States Secretary of Transportation to be a landmark sign. Such a sign may be on farm structures or natural surfaces and must be of historic or artistic significance, the preservation of which is consistent with the purposes of 23 United States Code 131.

(v) Lawfully erected under State law means at the time the sign was erected, it complied with all applicable State and local laws, ordinances, orders, rules and regulations, including but not limited to building permit requirements or zoning restrictions.

(w) Legible means capable of being read without visual aid by a person of normal visual acuity.

(x) Maintain means to allow to exist and includes the changing of the advertising message, repair and replacement of component parts, and performance of other acts as an incident to the upkeep of the sign. Changing of the advertising message shall include embellishments or cutouts as long as such embellishments do not exceed two feet on either side and the bottom, and five and one-half feet on the top of a sign, not exceeding a total of 200 square feet. Maintain shall include the activity of removal and subsequent replacement of seasonal signs which relate to activities which are discontinued for portions of a year due to seasonal changes. Such signs may be repaired and repainted but they must continue to relate to the same activity at the same location when they are replaced as they did when they were removed. Maintain shall not include the rebuilding or reconstruction of a seasonal sign. In addition, customary sign maintenance, which is guided by the criteria of subdivision (7) of section 150.12 of this Part, shall not include the removal of a sign for the purpose of rebuilding or reconstruction of such sign, other than the case of repainting or refacing the sign and making necessary repairs to the sign within the guidelines of such criteria.

(y) Main-traveled way means the traveled way of a highway on which through traffic is carried. In the case of a divided highway, the traveled way of each of the separated roadways for traffic in opposite directions is a main-traveled way. It does not include such facilities as frontage roads or highways, turning roadways or parking areas.

(z) National standards means the national standards for regulation by the various States of outdoor advertising signs adjacent to the interstate system or primary highway system, promulgated by the Secretary of Transportation pursuant to section 131 of title 23, United States Code, as amended.

(aa) Nonconforming sign means a sign that is located in a controlled area, that was lawfully erected under State law and is lawfully maintained but which does not comply with the provisions of the outdoor advertising control statutes or such section as amended or the regulations promulgated pursuant to such statutes enacted or promulgated subsequent to the date of erection or which sign fails to comply with such statutes or regulations due to changed conditions.

(bb) Nonconforming grandfathered sign. A sign lawfully in existence as of June 1, 1968 in a commercial or industrial area that does not comply with the size, spacing and lighting criteria of this Part, which is allowed to remain at its existing location for the duration of its normal life subject to customary maintenance.

(cc) Official sign means a sign or notice erected and maintained by public officers, departments or agencies within their territorial or zoning jurisdiction, and pursuant to and in accordance with direction or authorization contained in New York State or Federal law, for the purpose of carrying out an official duty or responsibility. An historical marker authorized by State law and erected by State or local government agencies, or nonprofit historical societies, shall be considered an official sign. For the purpose only of section 150.15 of this Part, an official sign shall include a public utility sign, service club and religious notice, and a public service sign.

(dd) On-premises sign means a sign advertising the sale or lease of property upon which it is located or a sign advertising activities conducted on the property on which it is located, and which conforms to the provisions of section 150.13 of this Part.

(ee) Outdoor advertising control statute means section 86 or section 88 of the Highway Law, as amended.

(ff) Primary highway system means any highway within that portion of the State highway system as designated, or as may be so designated by the State of New York, which has been approved by the Secretary of Transportation pursuant to subsection (b) of section 103 of title 23, United States Code, as amended.

(gg) Protected area means any area within the boundaries of New York State which is adjacent to and within 660 feet of the edge of the right-of-way of any controlled portion of the interstate system pursuant to section 86 of the Highway Law within the State. Where a controlled portion of the interstate system, pursuant to section 86 of the Highway Law, terminates at a boundary between New York State and an adjoining state which is not perpendicular or normal to the centerline of the interstate highway, protected area also means any area within New York State which is within 660 feet of the edge of the right-of-way of the interstate highway of the adjoining state. Where there exists industrial or commercial zoning within 660 feet of the edge of the right-of-way of any controlled portion of the interstate system, pursuant to section 86 of the Highway Law, but such zoned area is not traversed by the right-of-way of the interstate system, this area is considered a protected area and subject to the rules and regulations of this Part.

(hh) Public service sign means a sign located on a school bus stop shelter, which sign:

(1) identifies the donor, sponsor or contributor of said shelter;

(2) contains safety slogans or public service messages, which shall occupy not less than 60 percent of the area of the sign;

(3) contains no other message;

(4) is located on a school bus shelter which is authorized or approved by city, county or State law, regulation or ordinance, and at a place approved by the city, county or State agency controlling the highway involved; and

(5) may not exceed 32 square feet in area. Not more than one sign on each shelter shall face in any one direction.

(ii) Public utility sign means a warning sign, information sign, notice or marker which is customarily erected and maintained by publicly or privately owned public utilities, as essential to their operations.

(jj) Safety rest area means an area or site established and maintained within or adjacent to the highway right-of-way by or under public supervision or control, for the convenience of the traveling public.

(kk) Scenic area means any public park or area of particular scenic beauty or historical significance designated by or pursuant to New York State law as a scenic area.

(ll) Service club and religious notice means a sign and notice, whose erection is authorized by law, relating to meetings of nonprofit service clubs or charitable associations, or religious services, which signs do not exceed eight square feet in area.

(mm) Sign means any outdoor sign, display, device, figure, painting, drawing, message, placard, poster, billboard or other thing which is designed, intended or used to advertise or inform, any part of the advertising or informative contents of which is visible from any place on the main-traveled way of a highway, whether the same be permanent or portable.

(nn) Sign authorized to be erected or maintained by State law means one for which there is affirmative authorization for the erection or maintenance of under State law, as distinguished from the absence of any State law regarding such sign.

(oo) Sign not prohibited by State law means one for which the erection or maintenance of is not prohibited by any affirmative State law.

(pp) State law means a New York State constitutional provision or statute, or an ordinance, law, order, rule or regulation enacted or adopted by a State department or agency or political subdivision of the State pursuant to the New York State Constitution or statutes.

(qq) Trade name means any brand name, trademark, distinctive symbol or other similar device or thing used to identify particular products or services.

(rr) Traveled way means the portion of a roadway for the movement of vehicles, exclusive of shoulders.

(ss) Turning roadway means a connection roadway for traffic turning between two intersection legs of an interchange.

(tt) Unzoned commercial or industrial area means any area which is not zoned by State or local law, regulation or ordinance, and on which there is located one or more permanent structures devoted to a commercial or industrial activity, or on which a commercial or industrial activity is actually conducted, whether or not a permanent structure is located thereon, and the area along the highway extending outward 700 feet from and beyond the edge of such activity. Each side of the highway will be considered separately in applying this definition. All measurements shall be from the outer edges of the regularly used buildings, parking lots, storage or processing areas of the commercial or industrial activities, not from the property lines of the activities, and shall be along or parallel to the edge of pavement of the highway.

(uu) Urban area means an urbanized area or an urban place as designated by the Bureau of the Census having a population of 5,000 or more, and within boundaries approved by the United States Secretary of Transportation pursuant to 23 USC 101(a).

(vv) Visible means capable of being seen (whether or not legible) without visual aid by a person of normal visual acuity.

(ww) Zoned commercial or industrial area means any area which is zoned for business, industry, commerce or trade pursuant to a State or local zoning ordinance or regulation.

N.Y. Comp. Codes R. & Regs. Tit. 17 § 150.1