§461.4. Recognition of customary uses

A. Notwithstanding any other provisions of this Part, outdoor advertising shall be permitted in areas zoned industrial or commercial and in unzoned commercial and industrial areas as hereafter defined, including all land, buildings, or other structures controlled, owned, or operated by the state, or any political subdivision, or any public entity thereof, provided they are located in zoned or unzoned commercial or industrial areas and meet the size, lighting, and spacing requirements as set forth in the "Federal-State Agreement For Carrying Out National Policy Relative to Control of Outdoor Advertising in Areas Adjacent to the National System of Interstate and Defense Highways and the Federal-Aid Primary System", subject to the following regulations which are declared to be consistent with customary use in this state:

(1) Lighting

(a) No revolving or rotating beam or beacon of light that simulates any emergency light or device shall be permitted as part of any sign. Flashing red, green, or amber devices similar to traffic control devices shall not be permitted upon a sign. Illuminated signs, including marquees, electronic, and readerboard systems which are associated with a civic center, a convention center, a stadium, or an arena and which are used for advertisement shall be allowed, provided such signs comply with all other state and federal regulations.

(b) External lighting, such as flood lights, thin line and gooseneck reflectors are permitted, provided the light source is directed upon the face of the sign and is effectively shielded so as to prevent beams or rays of light from being directed into any portion of the main traveled way of the interstate or federal-aid primary highway.

(c) No sign shall be permitted to project into the direct line of vision of any official traffic control signal, from any point in a moving traffic lane of an interstate or federal-aid primary highway within six hundred sixty feet of and approaching such signal.

(2) Size of signs.

(a) For signs which are located within six hundred sixty feet of the nearest edge of the right of way on Interstate and Primary systems the maximum area of a sign face shall be twelve hundred square feet.

(b) All dimensions include border and trim, but exclude supports.

(c) Double-faced or V-type signs shall be considered one sign structure. Maximum size of signs shall apply to each face. Two signs shall be permitted in any facing provided that the total area of such facing shall not exceed twelve hundred square feet.

(d) The highest point of any sign, except a roof sign and as otherwise provided in this Paragraph, shall not extend more than sixty feet measured from either the ground level at its supports or the nearest edge of the main traveled way of the controlled highway, whichever is higher in elevation. However, the highest point of a sign may extend to a height of no more than one hundred feet only if the sign is placed and erected within three hundred feet of a sound barrier wall.

(3) Spacing of signs

(a) Signs shall conform to all applicable building codes and ordinances.

(b)(i) No two sign structures facing in the same direction subject to regulations under this Part shall be spaced less than one hundred fifty feet apart unless separated by a building, structure, or roadway, except that no outdoor advertising sign shall be permitted within one thousand feet of any other permitted outdoor advertising sign along, and on the same side of, an interstate highway, excluding official and "on premise" signs as defined in Section 131(c) of Title 23, United States Code.

(ii) Repealed by Acts 2004, No. 837, §2, eff. July 1, 2004.

(c) All signs are required to maintain the same set-back as other principal buildings and structures or the establishing building lines, whichever is less.

(d) No sign may be located in such a manner as to prevent the driver of a vehicle from having a clear, unobstructed view of official signs and approaching merging or intersecting traffic and driveways.

(4) "Commercial and industrial areas" consistent with zoning principles and standards applicable in this state, include: all land so zoned, all unzoned land within one thousand feet of any commercial or industrial activity other than outdoor advertising; all land lying within one thousand feet of any two such unzoned areas; and all other unzoned lands appropriate for outdoor advertising which are determined to be unzoned commercial or industrial areas by any court of this state.

(5) The following signs shall not be permitted:

(a) Signs which are obsolete.

(b) Signs which are illegal under state laws or regulations.

(c) Signs that are not clean and in good repair.

(d) Signs that are not securely affixed to a substantial structure.

(e) Signs which attempt or appear to attempt to regulate, warn, or direct the movement of traffic or which interfere with, imitate or resemble any official traffic sign, signal, or device.

(f) Signs which are erected or maintained upon trees or painted or drawn upon rocks or other natural features.

(g) Signs which are not consistent with the standards in this Part.

B. The department, however, is authorized to modify, vary or supplement the above restrictions if necessary to comply with the standards approved by the Congress of the United States and to insure that the department will receive the maximum amount of federal-aid funds as provided in the Federal Highway Beautification Act of 1965.1

Acts 1966, No. 474, §1; Acts 1989, No. 382, §1, eff. June 30, 1989; Acts 1990, No. 6, §1, eff. June 4, 1990; Acts 1992, No. 101, §1, eff. June 5, 1992; Acts 1999, No. 651, §1; Acts 1999, No. 1091, §1; Acts 2004, No. 837, §§1, 2, eff. July 1, 2004.

123 U.S.C.A. §§131, 135, 136, 319.