5501:2-2-02 General provisions for the erection and control of outdoor advertising.

(A) Restrictions on outdoor advertising adjacent to the interstate and primary highway systems: all advertising devices erected or maintained within six hundred sixty feet of the nearest edge of the right-of-way and visible from the main traveled way shall conform to the following requirements:

(1) Zoning criteria: outdoor advertising must be located in areas zoned for commercial or industrial use or in areas which qualify for unzoned commercial or industrial use. Zoning action taken which is not part of a bona fide comprehensive zoning plan and is created primarily to permit outdoor advertising device structures shall not be recognized as zoning for the purpose of Chapter 5516. of the Revised Code or division l 5501:2 of the Administrative Code. A zone in which limited commercial or industrial activities are permitted as an incident to other primary land uses is not considered to be a commercial or industrial zone for outdoor advertising control purposes. Strip and spot zoning are not permitted for advertising device control purposes. The definition of an unzoned commercial or industrial area as used in division (I) of section 5516.01 of the Revised Code shall apply within a political subdivision or area if:

(a) A unit of government is not authorized to zone; or

(b) A unit of government has not zoned in accordance with statutory authority.

(2) Sizing criteria:

(a) Area:

(i) The maximum area for an advertising device shall be twelve hundred square feet, excluding decorative bases and supports. The minimum area for any such advertising device for which a permit is required shall be eight square feet. Two advertising devices may be permitted at a single location facing the same direction provided that they are immediately adjacent to each other. If there is a border or trim around a sign face, it shall be deemed to be a separate advertising device and the total combined area of both advertising devices may not exceed twelve hundred square feet.

(ii) The advertising device area shall be measured by the smallest square, rectangle, triangle, circle or combination thereof which will encompass the entire advertising device including border, trim, cutout and extension.

(b) Height:

(i) Any advertising device exceeding one hundred fifty feet in height shall comply with the American association of state highway and transportation officials standards. The applicant shall submit all necessary plans and documentation to assist the department in the review and approval of the advertising device.

(3) Spacing criteria:

(a) Interstate highway systems: for any advertising device adjacent to an interstate highway system, the following spacing requirements shall apply:

(i) Advertising devices, visible to approaching traffic, on either or same side of the main traveled way shall have a minimum spacing of five hundred feet between each advertising device.

(ii) Advertising devices, whether or not visible to the main-traveled way of the interstate system, shall not be located at or within five hundred feet of an interchange or proposed interchange.

(iii) No advertising device, outside a municipal corporation, shall be located within five hundred feet of any visible and publicly owned, controlled or maintained safety rest area, parkland, garden, forest preserve, picnic ground, playground, swimming beach, elementary or secondary school playground or scenic area, that is visible from or whose property boundaries front the main traveled way.

(b) Primary highway systems: for any advertising device adjacent to a primary highway system, the following spacing requirements shall apply:

(i) Advertising devices visible to approaching traffic on either or same sides of the main-traveled way shall have a minimum spacing of:

(a) Five hundred feet outside of a municipal corporation and on freeways within a municipal corporation.

(b) Two hundred fifty feet on other highways inside a municipal corporation;

(ii) Advertising devices, whether or not visible to the main-traveled way of the primary system, shall not be located within five hundred feet of an interchange or proposed interchange.

(iii) No advertising device, outside a municipal corporation, shall be located within five hundred feet of any visible and publicly owned, controlled or maintained safety rest area, parkland, garden, forest preserve, picnic ground, playground, swimming beach, elementary or secondary school playground or scenic area, that is visible from or whose property boundaries front the main traveled way.

(iv) There is no spacing requirement between advertising devices, including multiple message, variable message, and digital displays, located within a business district provided the advertising device is not visible to the main traveled way of a highway on the interstate system or the freeway portion of the primary system.

(c) Measurements

(i) The distance from the edge of the right of way shall be measured horizontally along a line perpendicular to the centerline of the highway.

(ii) The distance between sign faces visible to approaching traffic shall be measured along the right edge of the main-traveled way of the highway in the direction of travel. Only advertising devices included in division (D) of section 5516.02 and divisions (F) and (G) of section 5516.06 and division (D) of section 5516.061 of the Revised Code shall be considered in determining spacing requirements.

(iii) The distance from an interchange shall be measured at the nearest point of the beginning or ending of pavement widening of the exit or entrance roadway to the main-traveled way along the right edge of the main-traveled way of the interstate system or primary system.

(iv) The distance from safety rest areas on freeways shall be measured at the nearest point of the beginning or ending of pavement widening from the exit or entrance roadway to the main-traveled way along the right edge of the main-traveled way of the interstate system or primary system.

(v) The distance from any parkland, safety rest area, park, garden, forest preserve, playground, picnic ground, swimming beach, any elementary or secondary school playground or scenic area shall be measured from the nearest property boundary, and shall apply to both sides of the highway along which the area is located.

(4) Lighting criteria: lighting shall not be used in any way in connection with any advertising device unless it is so effectively shielded as to prevent beams or rays of light from being directed at any portion of the main-traveled way of any highway, or is of such low intensity or brilliance as not to cause glare or impair the vision of the driver of any motor vehicle, or to otherwise interfere with any driver's operation of a motor vehicle.

(a) Off-premise advertising devices shall not contain, include or be illuminated by any flashing, intermittent, or moving light or lights except those giving only public service information such as time, date, temperature, weather, or similar information.

(b) A multiple message or variable message advertising device shall not be illuminated by flashing, intermittent, or moving lights. No multiple message or variable message advertising device may include any illumination which is flashing, intermittent, or moving when the sign face is in a fixed position.

(5) When an advertising device is erected which is visible from two or more highways, one or more of which is an interstate or primary highway, the more stringent of applicable control requirements shall apply.

(6) All advertising devices must be clean and in good repair.

(7) Obsolete advertising devices will not be permitted.

(8) Abandoned, discontinued and damaged advertising devices.

(a) When an advertising device is damaged by more than seventy per cent of its replacement value immediately prior to the damaging incident, the device will be considered destroyed. This does not apply to advertising devices damaged by vandalism, other criminal or torturous acts or weather-related causes, upon satisfactory evidence submitted to the Ohio department of transportation.

(b) An advertising device which has depreciation of more than seventy percent of its replacement value due to lack of maintenance is considered to be abandoned or discontinued.

(c) An advertising device which ceases to display advertising matter or displays obsolete advertising matter longer than one year is considered to be abandoned or discontinued.

(d) An "available for lease" or similar message that concerns the availability of the sign itself shall be treated as abandoned or discontinued after expiration of one year.

(e) A sign whose message had been partially obliterated by the owner so as not to identify a particular product, service, or facility is considered to be abandoned or discontinued after expiration of one year.

(f) Advertising devices, which have ceased to display or have never displayed advertising or other informative content, are subject to control and removal when advertising is added or affixed and becomes visible from the main, traveled way.

(g) The re-erection of any abandoned, discontinued or appropriated advertising device requires the submission and approval of a new application pursuant to rule 5501:2-2-05 of the Administrative Code and must be erected in a conforming location.

(B) Multiple message and variable message advertising devices: such advertising devices may be permitted on the interstate system or the primary system under the following conditions:

(1) Each message or copy shall remain fixed for at least eight seconds;

(2) When a message or copy changes by remote control or electronic process, it shall be accomplished in three seconds or less;

(3) No such advertising device, except as provided in paragraph (A)(3)(b)(iv) of this rule, shall be placed within one thousand feet of another multiple message or variable message advertising device on the same side of the highway visible in the same direction of travel;

(4) Such advertising devices shall contain a default design that will freeze the device in one position if a malfunction occurs;

(5) Any maximum size limitations shall apply independently to each face of a multiple message or variable message advertising device; and

(6) Only one multiple message advertising device shall be permitted at a single location facing the same direction.

(C) Modifications.

(1) A conforming advertising device may be modified as follows:

(a) The addition of lights or other illumination to the advertising structure if such device did not previously have lighting for illumination; or

(b) Replacement of parts on the sign structure with materials other than the kind of materials with which the device was originally erected; or

(c) Reduce, enlarge or rebuild the advertising device or its structure; however, any enlargement of the advertising device must meet the size criteria of paragraph (A)(2) of this rule; or

(d) Change any device to a multiple message or to include variable message advertising device components.

(e) The addition of a temporary extension to the outside dimensions of an advertising device as incident to the copy may not exceed twenty percent of the permitted advertising device and may be maintained for a temporary period up to six months. Thereafter, the temporary extension must be removed for at least sixty days or the permit holder's permit will be revoked.

(2) No advertising device may be modified unless the permit holder has completed a modification application and submitted it to the advertising device control section. No modifications may be made until such application has been approved by the advertising device control section. All modification applications will be processed on a first come-first serve basis and will be time and date stamped.

(3) A one hundred dollar processing fee per sign face shall accompany any modification application except that the processing fee to modify a device to a multiple message or variable message advertising device shall be three hundred dollars. If the processing fee is not submitted with the modification application, the application will be returned unprocessed.

(4) No modification application will be processed until the permit holder has paid all delinquent renewal fees for all currently held permits.

(5) If ODOT discovers any advertising device has been modified without the prior approval of ODOT, ODOT will notify the permit holder and request that a modification application be submitted within thirty days from the receipt of the notice or the permit for such device will be subject to cancellation pursuant to paragraph (G) of rule 5501:2-2-05 of the Administrative Code.

(6) No modification application will be processed until the permit holder has removed all illegal advertising devices it controls.

Effective: 12/06/2012
R.C. 119.032 review dates: 09/17/2012 and 03/19/2015
Promulgated Under: 119.03
Statutory Authority: 5516.03
Rule Amplifies: 5516.01 , 5516.02 , 5516.03 , 5516.04 , 5516.05 , 5516.06 , 5516.07 , 5516.08 , 5516.09 , 5516.10 , 5516.11 , 5516.12 , 5516.13 , 5516.14
Prior Effective Dates: 5/3/72, 3/31/95, 3/2/98, 7/1/02, 11/14/03