N.Y. Comp. Codes R. & Regs. tit. 17 § 150.13

Current through Register Vol. 46, No. 51, December 18, 2024

Section 150.13 - On-premises sign criteria

(a) The provisions of this section are intended to establish the criteria for determining whether a sign is an on-premises sign for the purpose of the outdoor advertising control statutes. An on-premises sign is permitted to exist and is not regulated under the provisions of section 88 of the Highway Law, as amended. However, an on-premises sign is subject to regulation in certain locations under section 86 of the Highway Law and as set forth in subdivision (c) of this section

(b) A sign will be considered to be an on-premises sign if it meets the following requirements:

(1) The sign must be located on the same premises as the activity or property advertised.

(2) The sign must have as its purpose the identification of the activity or its products or services, or the sale or lease of the property on which the sign is located, rather than the purpose of general advertising.

(3) In order to be classified as an on-premises sign, such sign must meet the following premises test:

(i) The premises on which an activity is conducted is determined by physical facts rather than property lines. Generally, it is defined as the land occupied by the buildings or other physical uses that are necessary or customarily incident to the activity, including such open spaces as are arranged and designed to be used in connection with such buildings or uses.

(ii) The following will not be considered to be a part of the premises on which the activity is conducted, and any signs located on such land will be considered "off-premises" advertising:

(a) Any land which is not used as an integral part of the principal activity. This would include, but is not limited to, land which is separated from the activity by a roadway, highway or other obstruction, and not used by the activity, and extensive undeveloped highway frontage contiguous to the land actually used by a commercial facility, even though it might be under the same ownership.

(b) Any land which is used for, or devoted to, a separate purpose unrelated to the advertised activity. For example, land adjacent to or adjoining a service station, but devoted to raising of crops, residence or farmstead uses or other commercial or industrial uses having no relationship to the service station activity, would not be part of the premises of the service station, even though under the same ownership.

(c) Any land which is at some distance from the principal activity; and in closer proximity to the highway than the principal activity; and developed or used only in the area of the sign site, or between the sign site and the principal activity; and occupied solely by structures or uses which are only incidental to the principal activity, and which serve no reasonable or integrated purpose related to the activity other than to attempt to qualify the land for signing purposes. Generally, these will be inexpensive facilities, such as picnic, playground or camping areas, dog kennels, golf driving ranges, skeet ranges, common or private roadways or easements, walking paths, fences, and sign maintenance sheds.

(iii) Where the sign site is located at or near the end of a narrow strip contiguous to the advertised activity, the sign site shall not be considered part of the premises on which the activity being advertised is conducted. A narrow strip shall include any configuration of land which is such that it cannot be put to any reasonable use related to the activity other than for signing purposes. In no event shall a sign site be considered part of the premises on which the advertised activity is conducted if it is located upon a narrow strip of land:

(a) which is nonbuildable land, such as too narrow of a strip or a swampland, marshland or other wetland; or

(b) which is a common or private roadway; or

(c) held by easement or other lesser interest than the premises where the advertised activity is located.

(4) In order to be classified as an on-premises sign, such sign must meet the following purpose test:

(i) Such sign must have as its purpose the identification of the activity located on the premises, or its products or services, or the sale or lease of the property on which the sign is located, rather than the business of outdoor advertising.

(ii) Any sign which consists solely of the name of the establishment is an on-premises sign.

(iii) A sign which identifies the establishment's principal or accessory products or services offered on the premises is an on-premises sign. An example of an accessory product would be a brand of tires offered for sale at a service station.

(iv) When a sign (a) brings rental income to the property owner, (b) consists principally of brand name or trade name advertising, and (c) the product or service advertised is only incidental to the principal activity, it shall be considered the business of outdoor advertising and not an on-premises sign. An example would be a typical billboard located on top of a service station building advertising a brand of cigarettes or chewing gum which is incidentally sold in a vending machine on the property.

(v) A sign which advertises activities conducted on the premises, but which also advertises, in a prominent manner, activities not conducted on the premises, is not an on-premises sign. An example would be a sign advertising a motel or restaurant not located on the premises with a notation or attachment stating "Skeet Range Here" or "Dog Kennels Here". The on-premises activity would only be the skeet range or the dog kennels.

(vi) A sale or lease sign which also advertises any product or service not located upon, and unrelated to, the business of selling or leasing the land on which the sign is located is not an on-premises sign. An example would be a typical billboard which states "This Property for Sale--Apply Smith's Motel; 500 Rooms, Air-Conditioned, Turn Right 3 Blocks at Main Street".

(c) Under section 86 of the Highway Law, on-premises signs located within a protected area must also meet the following criteria:

(1) If the sign is located more than 50 feet from the advertised activity, such sign shall be registered in accordance with section 150.15 of this Part, notwithstanding the provision of that section exempting on-premises signs from registration. Such sign shall not exceed 20 feet in length, width or height, or 150 square feet in total area, including border and trim but excluding supports. Not more than one such sign advertising the sale or lease of the same property may be permitted in such a manner as to be visible to traffic proceeding in any one direction on any interstate highway. Not more than one such sign, visible to traffic proceeding in any one direction on any interstate highway and advertising activities being conducted upon the real property where the sign is located, shall be permitted more than 50 feet from the advertised activity. For the purposes of this section, the 50-foot distance shall be measured as follows:

(i) When the advertised activity is a business, commercial or industrial land use, the distance shall be measured from the regularly used buildings, parking lots, storage or processing area, or other structures which are essential and customary to the conduct of the business. Such distance shall not be measured from driveways, fences or similar appurtenances.

(ii) When the advertising activity is a noncommercial or nonindustrial land use, such as a residence, farm or orchard, the distance shall be measured from the major structures on the property.

(2) Except for signs which are closer than 50 feet distant from the advertised activity, no such sign shall be permitted which:

(i) contains, includes, or is illuminated by, any flashing, intermittent or moving light or lights;

(ii) is lighted so as to impair the vision of the driver of any motor vehicle;

(iii) moves or has any animated or moving parts.

N.Y. Comp. Codes R. & Regs. Tit. 17 § 150.13