Bill Text: NC H580 | 2017-2018 | Regular Session | Amended
Bill Title: Revisions to Outdoor Advertising Laws
Spectrum: Slight Partisan Bill (Republican 12-5)
Status: (Introduced - Dead) 2017-04-26 - Re-ref Com On Rules, Calendar, and Operations of the House [H580 Detail]
Download: North_Carolina-2017-H580-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2017
H 2
HOUSE BILL 580
Committee Substitute Favorable 4/20/17
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Short Title: Revisions to Outdoor Advertising Laws. |
(Public) |
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Sponsors: |
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Referred to: |
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April 6, 2017
A BILL TO BE ENTITLED
AN ACT TO allow for the relocation and reconstruction of off‑premises outdoor advertising.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 136‑128 reads as rewritten:
"§ 136‑128. Definitions.
As used in this Article:
(1) Area zoned commercial or industrial. – An area which is zoned for business, industry, commerce, or trade pursuant to a State law or local zoning ordinance or regulation, regardless of how labeled. This term does not include "zoning designed primarily for the purpose of permitting outdoor advertising signs," as that term is defined in G.S. 136‑133.5(e).
(2) Customary use. – Compliance with the specific outdoor advertising standards for size, lighting, and spacing in areas zoned commercial or industrial under authority of State law or in unzoned commercial or industrial areas, as the standards and areas are described and defined in the agreement dated January 7, 1972, as amended, and entered into between the State and the United States Department of Transportation under G.S. 136‑138 to implement the provisions of the federal Highway Beautification Act of 1965.
(3) "Erect" means to Erect. – To construct,
build, raise, assemble, place, affix, attach, create, paint, draw, or in any
other way bring into being or establish. This term does not include the
repair or reconstruction of any off‑premises outdoor advertising, as
authorized under G.S. 136‑131.2, or the relocation of an off‑premises
outdoor advertising sign as authorized by State law.
(1a)(4) "Illegal sign"
means one Illegal sign. – One which was erected and/or maintained in
violation of State law.
(1b)(5) "Information
center" means an Information center. – An area or site
established and maintained at safety rest areas for the purpose of informing
the public of places of interest within the State and providing such other
information as the Department of Transportation may consider desirable.
(2)(6) "Interstate
system" means that Interstate system. – That portion of the
National System of Interstate and Defense Highways located within the State, as
officially designated, or as may hereafter be so designated, by the Department
of Transportation, or other appropriate authorities and are also so designated
by interstate numbers. As to highways under construction so designated as
interstate highways pursuant to the above procedures, the highway shall be a
part of the interstate system for the purposes of this Article on the date the
location of the highway has been approved finally by the appropriate federal authorities.
(7) Main‑traveled way or main travel way. – The through‑traffic lanes of a highway, but not including frontage roads, auxiliary lanes, and ramps.
(2a)(8) "Nonconforming
sign" shall mean a Nonconforming sign. – A sign which was
lawfully erected but which does not comply with the provisions of State law or State
Department of Transportation rules and regulations passed at a later
date as authorized in this Article or which later fails to comply with
State law or State Department of Transportation rules or
regulations authorized in this Article due to changed conditions.
Illegally erected or maintained signs are not nonconforming signs.
(9) Off‑premises outdoor advertising. – The use of land consisting of a sign erected and maintained for the purpose of (i) displaying, advertising, identifying, or directing attention to business products, operations, or services sold or offered at a site other than the site where the sign is erected or (ii) promoting an attraction, activity, idea, opinion, or other noncommercial messaging that is unrelated to the site where the sign is erected. A sign meeting this definition is commonly known as a billboard, where space is commonly made available or rented to advertisers to display their messages to the traveling public.
(3)(10) "Outdoor
advertising" means any Outdoor advertising. – Any outdoor sign,
display, light, device, figure, painting, drawing, message, plaque, poster,
billboard, or any other thing which is designed, intended or used to advertise
or inform, any part of the advertising or information contents of which is
visible from any place on the main‑traveled way of the interstate or
primary system, whether the same be permanent or portable installation.
(4)(11) "Primary
systems" means the Primary systems. – The federal‑aid
primary system in existence on June 1, 1991, and any highway which is not on
that system but which is on the National Highway System. As to highways under construction
so designated as primary highways pursuant to the above procedures, the highway
shall be a part of the primary system for purposes of this Article on the date
the location of the highway has been approved finally by the appropriate
federal or State authorities.
(5)(12) "Safety
rest area" means an Safety rest area. – 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.
(13) Sign location or site. – A location or site of an outdoor advertising sign measured to the closest 1/100th of a mile, in conformance with the Department of Transportation methods of measurement for all State roads.
(6)(14) "State law"
means a State law. – A State constitutional provision or statute, or
an ordinance, a rule or regulation enacted or adopted by a State
agency or political subdivision of a State pursuant to a the State
Constitution or a statute.
(7)(15) "Unzoned
area" shall mean an Unzoned commercial or industrial area. – An area
where there is no zoning in effect.effect that is within 660 feet of
the nearest edge of the right‑of‑way of the interstate or primary
system, in which there is at least one commercial or industrial activity that
meets the criteria set forth in G.S. 136‑130.1.
(8)(16) "Urban
area" shall mean an Urban area. – An area within the boundaries
or limits of any incorporated municipality having a population of five thousand
or more as determined by the latest available federal census.
(9)(17) "Visible"
means capable Visible. – Capable of being seen (whether or not
legible) without visual aid by a person of normal visual acuity."
SECTION 2. G.S. 136‑129(4) reads as rewritten:
"(4) Outdoor advertising,
in conformity with the rules and regulations promulgated by the Department of
Transportation, located in areas which are zoned industrial or commercial commercial
or industrial under authority of State law."
SECTION 3. Article 11 of Chapter 136 of the General Statutes is amended by adding a new section to read:
"§ 136‑130.1. Unzoned commercial or industrial area criteria for outdoor advertising signs.
(a) Criteria. – To qualify an area unzoned commercial or industrial for purposes of this Article, one or more commercial or industrial activities shall meet all of the following criteria prior to submitting an outdoor advertising permit application:
(1) The activity shall maintain all necessary business licenses as may be required by applicable State law.
(2) The property used for the activity shall be listed for ad valorem taxes with the county and municipal taxing authorities as required by law.
(3) The activity shall have all basic utilities, including electricity, telephone, water, and sewer or septic service.
(4) The activity shall have direct or indirect vehicular access and be a generator of vehicular traffic.
(5) The activity shall have a building designed with a permanent foundation, built or modified for its current commercial or industrial use, and the building must be located within 660 feet from the nearest edge of the right‑of‑way of the controlled route. Where a mobile home unit or recreational vehicle is used as a business or office, the following conditions and requirements also apply:
a. The mobile home unit or recreational vehicle shall meet the State Building Code criteria for commercial or business use.
b. A self‑propelled vehicle shall not qualify for use as a business or office for the purpose of these rules.
c. All wheels, axles, and springs shall be removed.
d. The unit or vehicle shall be permanently secured on piers, pad, or foundation.
e. The unit or vehicle shall be tied down in accordance with State or local requirements.
(6) The activity must be in active operation a minimum of six months prior to the date of submitting an application for an outdoor advertising permit.
(7) The activity shall be open to the public during hours that are normal and customary for that type of activity in the same or similar communities, but not less than 20 hours per week.
(8) One or more employees shall be available to serve customers whenever the activity is open to the public.
(9) The activity shall be visible and recognizable as commercial or industrial from the main‑traveled way of the controlled route. An activity is visible when that portion on which the permanent building designed, built, or modified for its current commercial use can be clearly seen 12 months a year by a person of normal visual acuity while traveling at the posted speed on the main‑traveled way of the controlled route adjacent to the activity. An activity is recognizable as commercial or industrial when its visibility from the main‑traveled way of the controlled route is sufficient for the activity to be identified as commercial or industrial.
(b) Guidelines. – When making a determination as to whether an activity meets the criteria set forth in subsection (a) of this section, both of the following guidelines shall apply:
(1) Each side of the controlled route shall be considered separately.
(2) All measurements shall begin from the outer edges of regularly used buildings, parking lots, storage, or processing areas of the commercial or industrial activity, not from the property line of the activity, and shall be along the nearest edge of the main‑traveled way of the controlled route.
(c) Nonqualifying Activities. – For purposes of qualifying an area as unzoned commercial or industrial in accordance with subsection (a) of this section, none of the following activities shall be considered:
(1) Outdoor advertising structures.
(2) On‑premise or on‑property outdoor advertising signs if the on‑premise or on‑property sign is the only part of the commercial or industrial activity that is visible from the main‑traveled way.
(3) Agricultural, forestry, ranching, grazing, farming, and related activities, including temporary wayside fresh produce stands.
(4) Transient or temporary activities.
(5) Activities not visible and recognizable as commercial or industrial from the traffic lanes of the main‑traveled way.
(6) Activities more than 660 feet from the nearest edge of the right‑of‑way.
(7) Activities conducted in a building principally used as a residence.
(8) Railroad tracks and minor sidings.
(9) Any outdoor advertising activity or any other business or commercial activity carried on in connection with an outdoor advertising activity.
(10) Illegal junkyards, as defined in G.S. 136‑146, and nonconforming junkyards, as described in G.S. 136‑147."
SECTION 4. Article 11 of Chapter 136 of the General Statutes is amended by adding a new section to read:
"§ 136‑131.3. Relocation of permitted off‑premises outdoor advertising sign.
(a) Requirements. – Any off‑premises outdoor advertising sign adjacent to a highway on the National System of Interstate and Defense Highways or a highway on the federal‑aid primary highway system for which there is in effect a valid permit issued by the Department of Transportation pursuant to this Article shall be permitted to be relocated and reconstructed subject to all of the requirements listed in subdivisions (1) through (3) of this subsection. The right provided under this subsection to relocate off‑premises outdoor advertising may be assigned or conveyed by the permittee.
(1) The new site for relocation shall be any area (i) within the same zoning jurisdiction adjacent to a highway on the National System of Interstate and Defense Highways or the federal‑aid primary highway system or (ii) within the same city or county limits if the off‑premises outdoor advertising sign was located in an unzoned area.
(2) Except as provided in subsection (c) of this section, the off‑premises outdoor advertising sign at the relocated site shall conform with customary use in (i) areas zoned commercial or industrial under authority of State law or (ii) if the relocated site is unzoned, unzoned commercial, or industrial areas.
(3) The construction work related to the relocation of the off‑premises outdoor advertising sign at the new location shall commence within one year after the later of the date of removal or the effective date of this Article.
(b) Vegetation Removal. – A new site for relocation shall not be denied by the Department of Transportation due to the presence of vegetation obstructing the visibility of the outdoor advertising sign from the viewing zone. Notwithstanding any law to the contrary, the owner or operator of the off‑premises outdoor advertising sign shall be permitted to improve the visibility of the sign by removing any vegetation (i) on private property upon receiving written consent of the landowner and (ii) on the right‑of‑way of the interstate and primary systems of the State pursuant to a selective vegetation removal permit issued under this Article.
(c) Customary Use Exception. – Any off‑premises outdoor advertising sign that is legally existing but would not be conforming to customary use if relocated on the same sign location or site may still be relocated on the same sign location or site, subject to the following requirements:
(1) The structural members of the sign at the relocated site are of like material.
(2) The size of the sign face or faces are not increased.
(3) The height of the sign at the relocated site does not exceed 80 feet measured from the adjoining road grade or base of the sign, whichever allows for the greatest visibility, except that a sign may be 50 feet above the top of a sound wall or noise barrier constructed between the sign and the main‑traveled way."
SECTION 5. G.S. 136‑133.5 reads as rewritten:
"§ 136‑133.5. Denial of a permit for proposed outdoor advertising.
…
(d) The Except for
relocations authorized under G.S. 136‑131.3, the Department
shall not issue permits for new outdoor advertising signs at a sign location
where existing trees, if they were to reach the average mature size for that
species, would make the proposed sign faces, when erected, not completely
visible from the viewing zone. "Existing trees" are those trees that
at the time of the permit application are four inches or greater in diameter as
measured six inches from the ground. "Viewing zone" means the area
which is 500 feet as measured along the edge of the main travel way of the
controlled route on each side of the proposed sign structure which will have a
sign face.
(e) An outdoor advertising
permit requested pursuant to G.S. 136‑129(a)(4) G.S. 136‑129(4)
shall not be issued to a location if the zoning to commercial or industrial
zones was adopted within one year prior to the filing of the permit application
and is not part of comprehensive zoning or constitutes spot zoning, which, for
purposes of this subsection, shall be defined as zoning designed primarily for
the purpose of permitting outdoor advertising signs and in an area which would
not normally permit outdoor advertising. Zoning shall not be considered
"primarily for the purpose of permitting outdoor advertising signs"
if the zoning would permit more than one principal commercial or industrial
use, other than outdoor advertising, and the size of the land being zoned can
practically support any one of the commercial or industrial uses.
…."
SECTION 6. G.S. 153A‑143 is amended by adding a new subsection to read:
"(d1) Notwithstanding any provision of this section to the contrary, no county may enact, amend, or enforce an ordinance to prohibit the relocation and reconstruction of any off‑premises outdoor advertising sign (i) pursuant to G.S. 136‑131.3 or (ii) that meets the requirements set forth in subdivisions (1) through (3) of this subsection and the relocation was caused by a project authorized by law and undertaken by the State, a local government, or any other entity possessing the power of eminent domain. Building materials different from the materials used to initially construct an off‑premises outdoor advertising sign may be used to reconstruct the off‑premises outdoor advertising sign at the site of relocation. The right provided under this subsection to relocate off‑premises outdoor advertising may be assigned or conveyed by the permittee.
(1) The new site for relocation shall be within the same county in an area zoned commercial or industrial or, if unzoned, in an unzoned commercial or industrial area.
(2) The cumulative advertising surface area for the off‑premises outdoor advertising sign at the relocated site shall not be increased and no sign face shall exceed 672 square feet; provided, however, the size of a sign face or faces of another off‑premises outdoor advertising sign that is permanently taken down in the same jurisdiction within 120 days of a sign being reconstructed may be combined to increase the cumulative advertising surface area of the reconstructed sign, not to exceed 672 square feet for any sign face.
(3) The height of the reconstructed off‑premises outdoor advertising sign shall not exceed 50 feet, as measured from the adjoining road grade or base of the sign, whichever allows for the greatest visibility of the sign."
SECTION 7. G.S. 160A‑199 is amended by adding a new subsection to read:
"(d1) Notwithstanding any provision of this section to the contrary, no city may enact, amend, or enforce an ordinance to prohibit the relocation of any off‑premises outdoor advertising sign (i) pursuant to G.S. 136‑131.3 or (ii) that meets the requirements set forth in subdivisions (1) through (3) of this subsection and the relocation was caused by a project authorized by law and undertaken by the State, a local government, or any other entity possessing the power of eminent domain. Building materials different from the materials used to initially construct an off‑premises outdoor advertising sign may be used to reconstruct the off‑premises outdoor advertising sign at the site of relocation. The right provided under this subsection to relocate off‑premises outdoor advertising may be assigned or conveyed by the permittee.
(1) The new site for relocation shall be within the same county in an area zoned commercial or industrial or, if unzoned, in an unzoned commercial or industrial area.
(2) The cumulative advertising surface area for the off‑premises outdoor advertising sign at the relocated site shall not be increased and no sign face shall exceed 672 square feet; provided, however, the size of a sign face or faces of another off‑premises outdoor advertising sign that is permanently taken down in the same jurisdiction within 120 days of a sign being reconstructed may be combined to increase the cumulative advertising surface area of the reconstructed sign, not to exceed 672 square feet for any sign face.
(3) The height of the reconstructed off‑premises outdoor advertising sign shall not exceed 50 feet, as measured from the adjoining road grade or base of the sign, whichever allows for the greatest visibility of the sign."
SECTION 8. Notwithstanding any provision of Article 2A of Chapter 150B of the General Statutes, no later than six months after the effective date of this act, the Department of Transportation shall adopt rules to implement the provisions of this act. The Department of Transportation shall use the following procedure to adopt rules to implement the provisions of this act:
(1) At least 15 business days prior to adopting a rule, submit the rule and a notice of public hearing to the Codifier of Rules. The Codifier of Rules shall publish the proposed rule and the notice of public hearing on the Internet within five business days.
(2) At least 15 business days prior to adopting a rule, notify persons on the mailing list maintained pursuant to G.S. 150B‑21.2(d) and any other interested parties of the Department of Transportation's intent to adopt a rule and of the public hearing.
(3) Accept written comments on the proposed rule for at least 15 business days prior to adoption of the rule.
(4) Hold at least one public hearing on the proposed rule no less than five days after the rule and notice have been published.
A rule adopted in accordance with this section becomes effective on the first day of the month following the month the Department of Transportation adopts the rule and submits the rule to the Codifier of Rules for entry into the North Carolina Administrative Code. Any rule adopted more than six months after the effective date of this act shall comply with the requirement of Article 2A of Chapter 150B of the General Statutes.
SECTION 9. Any rule or policy adopted by the Department of Transportation that does not comply with the provisions of this act shall be null, void, and without effect.
SECTION 10. If any provision of this act or its application is held invalid, the invalidity does not affect other provisions or applications of this act that can be given effect without the invalid provisions or applications, and, to this end, the provisions of this act are severable.
SECTION 11. Sections 4 through 7 of this act are effective when it becomes law and apply to off‑premises outdoor advertising signs removed on or after January 1, 2014. The remainder of this act is effective when it becomes law.
