Chapter 5501:2-2 Erection and Control of Outdoor Advertising

5501:2-2-01 Definitions.

For the purpose of this rule, the following terms shall have the meanings given them in section 5516.01 of the Revised Code: "advertising device," "visible," "interstate system," "erect," "maintain," "national policy," "primary system," "zoned commercial or industrial areas," "unzoned commercial or industrial area," "commercial or industrial activities," "directional and official signs and notices," "nonconforming advertising device," "scenic byway," "director," and "commercial or industrial zone."

(A) "Abandoned or discontinued advertising device" means any permitted advertising device which has ceased to display advertising copy displays obsolete advertising copy or needs substantial repairs of more than seventy per cent of its replacement value for more than one year. An advertising device shall be considered to be abandoned or discontinued if neither the sign owner nor the landowner claim any responsibility for the advertising device.

(B) "Advertising copy" means any words, symbols, pictures, display or trade name which is intended to invite or draw the attention of the public to any goods, merchandise, property, business, services, entertainment, amusement or other commercial activity.

(C) "Advertising device" shall have the same meaning given in section 5516.01 of the Revised Code. All advertising devices shall be affixed to a structure. Such structures may include, but are not limited to, one of the following forms:

(1) "Single face" means one sign face, facing one direction of travel at a single location.

(2) "Back to back" means two sign faces, attached on each side of the structure and facing opposite directions of travel at a single location.

(3) "V-type" means sign faces, facing opposite directions of travel at a single location oriented at an angle to each other, the nearest points of which are not more than four and six tenth meters or fifteen feet apart.

(4) "Tri-face" means three sign faces at one location with no more than two sign faces facing one direction of travel, and one sign face facing the opposite direction of travel.

(5) "Double face, one way" means two sign faces stacked on the same supporting structure, facing one direction of travel, or two sign faces on two structures immediately adjacent to one another facing one direction of travel at a single location.

(6) "Double face, back to back" means four sign faces at one location with no more than two faces either stacked on the same supporting structure or on two structures, facing opposite directions of travel.

(D) "Bonafide comprehensive zoning plan" means a general plan to control and direct the use and development of property in a municipality or in a large part thereof by dividing it into districts according to the present and potential use of the properties.

(E) "Business activity" means the essential and customary facilities such as buildings, parking lots, storage or processing areas regularly used to conduct the business, and does not include driveways, fences, or structures placed for the purpose of qualifying a site for signage.

(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 non-divided highway.

(G) "Contiguous property" means any configuration of adjoining land that is owned or leased by the identical business owner and/or lessee, and is required to support the business activity.

(H) "Directional signs" means signs containing directional information about public places owned or operated by federal, state, or local governments or their agencies; publicly or privately owned non-profit natural wonders accredited by the Ohio department of natural resources or non-profit historic attractions accredited by the Ohio historical society.

(I) "Entrance roadway" means any public road or turning roadway, including acceleration lanes, by which traffic may enter the main-traveled way of the interstate system as defined by division (C) of section 5516.01 of the Revised Code or system as defined by division (G) of section 5516.01 of the Revised Code from the general road system within a state. This definition applies whether or not traffic may also enter the main-traveled way by such road or turning roadway.

(J) "Exit roadway" means any public road or turning roadway including deceleration lanes, by which traffic may leave the main-traveled way of the interstate system as defined by division (C) of section 5516.01 of the Revised Code or primary system as defined by division (G) of section 5516.01 of the Revised Code to reach the general road system within a state. This definition applies whether or not traffic may also enter the main-traveled way by such road or turning roadway.

(K) "Freeway" means a divided multi-lane highway for through traffic with all crossroads separated in grade and with full control of access.

(L) "Illegal sign" means an advertising device which was erected or is maintained in violation of federal, state, or local law or ordinance.

(M) "Immediately adjacent" means bordering one another no farther apart at their nearest point than four and six tenth meters or fifteen feet.

(N) "Interchange" means both a junction of two or more highways by a system of separate levels that permit traffic to pass from one to another without the crossing of traffic streams, and a system of interconnecting roadways in conjunction with one or more grade separations that provides for the movement of traffic between two or more roadways or highways on different levels.

(O) "Last permit holder" includes, but is not limited to, the most recent holder of the advertising device permit; a business, cooperative, corporation, enterprise, joint venture, limited liability company, partnership, sole proprietorship or subsidiary, the viability of which is dependent on its relationship with the most recent holder of the advertising device permit; or any person or entity which is closely related to, or closely connected with, the most recent holder of the advertising device permit.

(P) "Lease" means an agreement, oral or in writing, by which possession or use of land or interests therein is given for a specified purpose, which is a valid contract under the laws of the state, and which grants an interest in the real estate for a specific time period.

(Q) "Main-traveled way" means the traveled way of a highway on which through traffic is carried.

(R) "Multiple message advertising device" means an advertising device whose whole sign face changes by rotating vertical slats or other electronic process or remote control.

(S) "Normal maintenance (nonconforming devices)" means that which is customary to keep a sign in ordinary repair, upkeep or refurbishing. Repairs will be allowed for acts of God, vandalism, or other criminal or tortious acts.

(T) "Obsolete advertising device" means a device which displays advertising copy pertaining to activities which are no longer in use for over one year.

(U) "Off-premise advertising device" means an outdoor advertising device which advertises an activity, service or product located on property other than property at which such activity or service occurs or which product is sold or manufactured, or an advertising device erected by a company or individual for the purpose of selling advertising messages for profit.

(V) "Official sign" means an outdoor advertising device erected and maintained by public officers or public agencies within their territorial or zoning jurisdiction and pursuant to and in accordance with direction or authorization contained in federal, state or local law for the purpose of carrying out an official duty or responsibility.

(W) "On-premise advertising device" means an advertising device located at the same site as the activity or property advertised, and has as its purpose the identification of the activity, 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. It must meet the requirements of divisions (B) and (C) of section 5516.02 , divisions (B) and (C) of section 5516.06 , and divisions (B) and (C) of section 5516.061 of the Revised Code and must be located upon property either owned or leased and used by the advertised business or profession for the purpose of conducting the business activity.

(X) "Parkland" means any publicly owned land which is designated or used as a public park, recreation area, wildlife or waterfowl refuge, or historic site.

(Y) "Proposed interchange" means an interchange or access point contained in the department's final alignment.

(Z) "Public service signs" includes, but is not limited to, time and temperature signs and signs located on school bus stop shelters.

(AA) "Public utility signs" means warning signs, informational signs, notices, or markers which are erected and maintained by publicly or privately owned public utilities, as essential to their operations.

(BB) "Re-erect" means the placing of any device in a vertical position subsequent to its initial erection.

(CC) "Remove" means the complete disassembly of the device including all component parts, except if removal would result in substantial structural damage to a building. All electrical service shall be disconnected, if any, and there shall be a complete removal of wires, conduit and supporting structures including the removal from the property of all disassembled elements of the advertising device and its supporting structure.

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

(EE) "Scenic area" means any public park or area of particular scenic beauty or historical significance designated by the director of transportation or constituted local authority.

(FF) "Service club and religious notice" means signs and notices, whose erection is authorized by law, relating to meetings of nonprofit service clubs, charitable associations, or religious services.

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

(HH) "Traveled way" means the portion of a roadway for the movement of vehicles including ramps and turning roadways but exclusive of shoulders.

(II) "Turning roadway" means a connecting roadway for traffic turning between two intersecting legs of an interchange.

(JJ) "Variable message advertising device" means one whose message is partially changed by electronic process or remote control, including, but not limited to, rotating cubes, rotating vertical triangular slats, messages changed by turning lights on and off, remote numeric displays, scrolling messages, glow cubes, light emitting diodes, cathode ray tubes and florescent discharge or other similar technology approved by the director. Furthermore, digit(s) changed infrequently is/are not to be considered moving, flashing, or intermittent lights or moving parts and will be deemed a change of copy only.

(KK) "Business District" means the territory fronting upon a street or highway on the non-freeway portion of the primary system, including the street or highway, between successive intersections within incorporated municipalities where fifty per cent or more of the frontage between successive intersections is occupied by buildings in use for business, or within incorporated municipalities where fifty per cent or more of the frontage for a distance of three hundred feet or more is occupied by buildings in use for business, and the character of such territory is indicated by official traffic control devices.

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: 3/31/95, 3/2/98, 8/23/99, 7/1/02, 11/14/03

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

5501:2-2-03 On-premise advertising devices.

On-premise advertising devices are not required to have a permit under section 5516.10 of the Revised Code or rule 5501:2-2-05 of the Administrative Code. However, if an on-premise advertising device fails to conform to the following rules, it will be considered an off-premise advertising device subject to the statutes and rules governing such advertising devices.

(A) An advertising device will be considered to be an on-premise advertising device if it meets the following requirements:

(1) An advertising device must be located on the same premises as the activity or property advertised.

The following criteria shall be used in determining whether a device is located on the same premises as the activity or property advertised:

(a) An advertising device must be erected by an owner of, or lease holder to, the property; however, the on-premise advertising device may be erected upon contiguous property also owned or leased by the business activity and not used for a separate purpose unrelated to the advertised business activity as long as the advertising device is located within fifteen hundred feet of the business activity which shall be measured from the regularly used buildings, structures, parking, storage, or processing areas essential and customarily used in connection with the business or profession at this location.

(i) As used above, regularly used areas shall not include contiguous pieces of land which cannot be put to any reasonable use directly related to the advertised activity other than for signage.

(ii) If a corridor is used for access to reach the location of the advertised activity, the corridor shall be contiguous to an integral part of, and under the same ownership or leasehold interest as, the property where the advertised business activity is located.

(iii) Any buildings, structures, parking, storage, or processing areas established at remote locations from the principal activity area shall not be used for measurement purposes.

(b) The hours of operation compared to the normal industry practice for a business of that type.

(c) The percentage of business conducted on the site compared to the normal industry practice for a business of that type.

(d) The access road must have an adequate all weather surface suitable for safe operation of a motorized vehicle.

(2) An on-premise advertising device 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. Any advertising device which consists solely of the name of the establishment located on the property will be considered to be an on-premise advertising device.

(a) The following criteria shall be used for determining whether an advertising device has 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 advertising device is located, rather than the business of outdoor advertising:

(i) An advertising device which identifies the establishment's principal or accessory product or service is an on-premise advertising device. A principal or accessory product or service is that product or service directly related to the establishment and closely associated with it. An example of an accessory product would be a brand of tires offered for sale at a service station.

(B) The sign owner bears the burden of proving, by a preponderance of the evidence, that the advertised activity is conducted on the premises.

(C) On-premise advertising devices must comply with the lighting requirements set forth in paragraph (A)(4) of rule 5501:2-2-02 of the Administrative Code.

(D) On-premise advertising devices must comply with the variable or multiple message requirements set forth in paragraph (B) of rule 5501:2-2-02 of the Administrative Code.

R.C. 119.032 review dates: 03/19/2010 and 03/19/2015
Promulgated Under: 119.03
Statutory Authority: 5516.03
Rule Amplifies: 5516.01 thru 5516.14
Prior Effective Dates: 08/28/03, 11/14/08

5501:2-2-04 Directional and official advertising devices.

Directional and official advertising devices are not required to have a permit under section 5516.10 of the Revised Code or rule 5501:2-2-05 of the Administrative Code.

(A) All directional advertising devices shall conform to the following requirements:

(1) Must contain only the identification of the activity and directional information.

(2) Cannot exceed thirty-two square feet in area.

(3) Must comply with spacing and lighting requirements contained in rule 5501:2-2-02 of the Administrative Code.

(4) Must not use logos.

(B) All official signs shall conform to the following requirements:

(1) The sign must be erected and maintained by a public official or agency.

(2) The sign must be erected within the territorial jurisdiction or zoning jurisdiction of the public official or agency. The official or agency must exercise some form of governmental authority to enact or administer law over the area upon which the sign is located.

(3) The sign must be erected and maintained pursuant to specific authority of statute.

(4) The sign must be erected for the purpose of carrying out or furtherance of an official duty or responsibility.

(5) The historical marker sign must be authorized by state law and erected by state or local government agencies or non-profit historical societies.

(C) All public service signs shall conform to the following requirements:

(1) The sign must identify the donor, sponsor, or contributor of said sign;

(2) The sign must contain public service messages, which shall occupy not less than fifty per cent of the area of the sign;

(3) The sign must contain no other message;

(4) The sign must be authorized or approved by city, county, or state law, regulation, or ordinance, and at places approved by the city, county, or state agency controlling the highway involved; and

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

(D) Service club and religious notices shall not exceed eight square feet in area. A bank of service signs will be permitted at one location provided the aggregate size of the service signs shall not exceed one hundred fifty square feet in area, and, no one dimension shall exceed twenty feet.

R.C. 119.032 review dates: 03/19/2010 and 03/19/2015
Promulgated Under: 119.03
Statutory Authority: 5516.03
Rule Amplifies: 5516.01 thru 5516.14
Prior Effective Dates: 08/28/03, 11/14/08

5501:2-2-05 Permits.

(A) Applications

(1) An application for a permit shall be obtained from and returned to the ODOT advertising device control section.

(2) An application for a permit shall be completed in its entirety. If an application is not completed, including all required signatures, the application and fees will be returned. All applications will be date and time-stamped and will be processed on a first come-first serve basis. If an application has to be returned for any reason, it will not retain its preference over any other application that may be submitted for the same location.

(3) Each sign face requires a separate permit. Applicants shall complete one application for each sign face requested, however, an applicant shall only complete one application when requesting a permit for a multiple message or variable message advertising device.

(B) Application fees.

The application fees shall be as follows:

(1) Two hundred twenty-five dollars per face for each sign face that is part of a device or structure

(2) Two hundred twenty-five dollars for each device or structure having only back to back advertising faces where each face is to be less than thirty-six square feet in area

(3) Two hundred twenty-five dollars for each device or structure having only back to back advertising faces where each face is identical in size ie., high rise pylon signs lighted from within

(4) Six hundred twenty-five dollars for multiple message or variable message advertising devices

(C) Local authorities.

(1) If a local authority requires a permit applicant to obtain any type of permit to erect an advertising device, the permit applicant must state in the application that they will apply for such permit or the application will be returned unprocessed. If a permit applicant has received the required local permits prior to submitting their application to ODOT, copies of such required permits must be submitted with the application. Any permit applicant who has not yet received the required permit from the local authority must submit to the advertising device control section a copy of such permit within thirty days of its issuance by the local authority and prior to the erection of the proposed advertising device before ODOT will approve the final permit. If litigation results from the pursuit of a local permit, the time will toll until final disposition of the pending litigation.

(2) The cost of the application fee or the cost of an initial inspection required by a municipal corporation may, upon request, be credited against and shall reduce the cost of the permit issued by the director. If a municipal corporation credit is requested, proof of payment from the municipal corporation must be included with the permit application or submitted within thirty days of issuance of the local building permit or no such credit shall be granted.

(D) No application will be processed for a new permit when the applicant has any outstanding delinquent bills, including outstanding renewal fees for other permits, or has erected or is maintaining an illegal device.

(E) If ODOT discovers any advertising device has been erected without the conditional approval of ODOT, ODOT will notify the sign owner and request that a permit application be submitted within thirty days from the receipt of the notice or the device will be subject to removal pursuant to section 5516.04 of the Revised Code. All application fees are doubled for applications submitted after the erection of an advertising device.

(F) Renewal, reinstatement, and late fees.

(1) Each permit is subject to a biennial renewal fee of one hundred twenty-five dollars except that the renewal fee for a multiple message or variable message advertising device permit shall be three hundred twenty-five dollars per permit. All permit holders must submit a renewal application from the advertising device control section before the expiration of the permit or within thirty days of the expiration of the permit.

(2) As part of the renewal application, the permit holder shall certify the condition of each advertising device including, but not limited to, whether the advertising device is in need of repair, has been removed, the permit plate is missing, has the wrong permit plate attached, the permit plate is illegible, the device is blank with no live copy, the advertisement on the device is illegible, only the structure is in place, or whether the device has been abandoned, discontinued or destroyed. If any of these conditions exist, they must be corrected within one year or the permit will be canceled.

(3) Each renewal application must be completed in its entirety and returned to ODOT, advertising device control section. If a renewal application is not completed, including all required signatures, the renewal application and fees will be returned. Renewal applications that contain false or misleading information regarding the condition of the advertising device shall result in the revocation of the permit holder's permit. The permit holder may request an administrative hearing pursuant to section 5516.12 of the Revised Code within the time allowed under section 119.09 of the Revised Code.

(4) All renewal fees shall be paid within thirty days of receipt of the renewal invoice. If the renewal fee remains unpaid after the thirty day grace period, it will be subject to a late fee of five per cent of the total amount of the renewal invoice and a notice of proposed cancellation will be sent to the permit holder notifying the permit holder that the permit will be canceled within thirty days unless the permit holder pays all renewal and late fees.

(5) Upon the expiration of the thirty day cancellation period, a notice of cancellation will be sent to the permit holder. The permit holder may request an administrative hearing pursuant to section 5516.12 of the Revised Code within the time allowed under section 119.09 of the Revised Code to show cause why the canceled permit should be reinstated. No permit shall be reinstated unless all outstanding fees have been paid.

(6) If a reinstatement hearing is not requested within the allowed time period and the advertising device has not been removed after its permit cancellation, it will be considered an illegal advertising device subject to the removal provisions of section 5516.04 of the Revised Code. Any unpaid invoices and late fees will be certified to the office of the attorney general for collection.

(G) Cancellation, replacement or transfer of permits.

(1) In order to cancel a permit, the permit holder must request cancellation of the device by notifying the advertising device control section in writing. The permit holder must remove the advertising device upon notification or within thirty days of the notification. If the advertising device is not removed within thirty days, the device will be considered an illegal device subject to the removal provisions of section 5516.04 of the Revised Code.

(2) If a permit plate is lost or missing, a replacement plate may be obtained from the advertising device control section for a fee of twenty-five dollars. The request must be submitted in writing. The permit holder may replicate and replace the permit, in a manner consistent with the size of the original permit plate, and the request must be submitted in writing. All permit plates must be oriented so that they are visible from the main, traveled way or the permit holder will be fined twenty-five dollars for each month the permit plate is lost, missing or not visible from the main, traveled way.

(3) A permit may be transferred to a new permit holder upon the submission of an application requesting such transfer. The application shall include the signatures of both the current and prospective permit holder. If both signatures are not contained on the application, the application will be returned unprocessed. A transfer fee of twenty-five dollars per permit shall be submitted with all transfer applications, with a maximum transfer fee of twenty thousand dollars per acquisition. All delinquent bills for any permit must be paid before a transfer will be approved.

(H) Conditional permits.

(1) The issuance of a permit will be considered conditional until such time as the advertising device is erected at the location indicated on the application and the advertising device control section has verified that the erection of the advertising device complies with all the terms and conditions of the conditional permit and the statutes and rules included in this chapter.

(2) The applicant shall notify the advertising device control section in writing that an advertising device has been erected within thirty days after completion of construction. Failure to notify the advertising device control section within this thirty day period may result in disapproval of the final permit. Conditional permits automatically expire two years from the date of issuance. If the conditional permit expires, the last permit holder's application for any of the following shall not be accepted until the conditional permit has expired for a period of six months commencing from the expiration date. A written application in conformity with this provision will be processed when received on a first-come, first-served basis:

(a) The expired location.

(b) A location within five hundred feet of the expired location on an interstate highway, a primary highway outside a municipal corporation, or a freeway inside a municipal corporation.

(c) A location within two-hundred fifty feet of the expired location on any other primary highway inside a municipal corporation.

(3) An advertising device for which a final permit can be issued, shall, when erected, be a complete device intended to advertise a product or message. Where there are posts only, partial structure, company name markers or no structure at all, a final permit shall not be issued.

(4) A conditional permit may only be issued for a legal location. If a conditional permit is requested upon the condition that an already existing permit will be canceled so that the requested location can become a legal location, the advertising device control section may hold the location for the applicant for no more than sixty days. At the expiration of the sixty day period, the existing permit must be canceled and the existing advertising device must be completely removed. If the existing permit is not canceled or the removal is not completed, a conditional permit will not be issued and applications for legal locations will be accepted from new applicants in the order that they are received.

(5) All conditional permits must be staked permanently at the straight line mile marker (SLM) approved until the advertising device is erected.

R.C. 119.032 review dates: 03/19/2010 and 03/19/2015
Promulgated Under: 119.03
Statutory Authority: 5516.03
Rule Amplifies: 5516.01 thru 5516.14
Prior Effective Dates: 08/28/03, 11/14/08

5501:2-2-06 Nonconforming advertising devices.

(A) A sign owner of a nonconforming advertising device must apply for and receive a permit pursuant to section 5516.10 of the Revised Code and rule 5501:2-2-05 of the Administrative Code. A nonconforming advertising device may be sold, leased, or otherwise transferred without affecting its status, but its location may not be changed. Any transfer of a permit for a nonconforming advertising device shall follow the procedures for transfer of a permit under rule 5501:2-2-05 of the Administrative Code.

(B) A nonconforming advertising device, including its structure, may receive normal maintenance and repair. The following is considered normal maintenance and repair:

(1) The in kind replacement of a wood or metal component with a like component.

(2) The painting of supports and frames.

(3) The replacement of torn or destroyed face panels with in kind panels.

(4) The changing of an advertising message.

(C) A nonconforming advertising device, including its structure, must remain substantially the same as it was on the effective date of state law. A nonconforming device may continue to exist with normal maintenance and repair as long as it is not discontinued or abandoned. The following are considered to be substantial changes in a nonconforming advertising device and are not permitted:

(1) Extension or enlargement of the advertising device;

(2) Replacement, rebuilding, or re-erection of the nonconforming advertising device. An exception may be made for in kind rebuilding or of nonconforming advertising devices which have been damaged by acts of God, vandalism, or other criminal or torturous acts, upon satisfactory evidence submitted to ODOT.

(3) A complete change in the structural support which would result in increased economic life such as replacement of wood posts with steel posts or the replacement of a wood frame with a steel frame.

(4) The addition of lights to help illuminate an advertising device structure which previously had no lighting for illumination.

(D) Abandoned, discontinued or damaged nonconforming advertising devices.

(1) When a nonconforming 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 ODOT.

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

(3) 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.

(4) 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.

(5) 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.

(6) Nonconforming 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.

(7) The re-erection of any abandoned, discontinued or appropriated nonconforming 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.

R.C. 119.032 review dates: 03/19/2010 and 03/19/2015
Promulgated Under: 119.03
Statutory Authority: 5516.03
Rule Amplifies: 5516.01 thru 5516.14
Prior Effective Dates: 08/28/03, 11/14/08

5501:2-2-07 Illegal advertising device removal procedures.

When the advertising device control section determines that an advertising device is in violation of any section of Chapter 5516. of the Revised Code or any rule contained in Chapter 5501:2-2 of the Administrative Code, or an advertising device is being maintained without a validly issued permit, it shall send a letter of warning to the sign owner, if known, that such device is illegal. If the sign owner is not known or can not be located, such letter shall be sent to the owner or lessee of the land and shall be posted on the advertising device for thirty days. The letter shall indicate that the advertising device is illegal pursuant to the specific statute or rule which it violates, and shall request that the sign owner or land owner or lessee voluntarily remove the device or take specific remedial action as outlined in the letter within a specified period of time, if remedial action is appropriate. Only one equal extension of time to take remedial action will be granted. If voluntary removal or remedial action is not taken within the specified time or its extension, the matter will be submitted to the director for the issuance of a removal order pursuant to section 5516.04 of the Revised Code.

R.C. 119.032 review dates: 03/19/2010 and 03/19/2015
Promulgated Under: 119.03
Statutory Authority: 5516.03
Rule Amplifies: 5516.01 thru 5516.14
Prior Effective Dates: 08/28/03, 11/14/08

5501:2-2-08 Penalties.

(A) In addition to any removal procedures ordered by the director pursuant to section 5516.04 of the Revised Code and at the discretion of the director or a court of competent jurisdiction, a maximum fine in the amount of five thousand dollars may be assessed against a sign owner or landowner for failure to remove an illegal advertising device within the period of time indicated in the removal order issued pursuant to section 5516.04 of the Revised Code or ordered removed by a court pursuant to an action for abatement. Payment of the fine shall be remitted by certified check, made payable to "the Treasurer, State of Ohio," and received by the ODOT, advertising device control section.

(B) If the illegal advertising device is not removed within the period of time specified in the removal order issued pursuant to section 5516.04 of the Revised Code or as ordered removed by a court pursuant to an action for abatement, the fine will accrue in one hundred dollar increments for each day exceeding the removal date until the maximum of five thousand dollars is reached.

(C) If the illegal advertising device is removed by the sign owner or landowner within the requisite time period as stated in the removal order or as ordered removed by a court pursuant to an action for abatement, and the sign owner or landowner subsequently re-erects the device on an interstate or primary highway without first applying for a permit, the maximum penalty will be assessed immediately and full payment demanded by the advertising device control section.

R.C. 119.032 review dates: 03/19/2010 and 03/19/2015
Promulgated Under: 119.03
Statutory Authority: 5516.03
Rule Amplifies: 5516.01 thru 5516.14
Prior Effective Dates: 08/28/03, 11/14/08

5501:2-2-09 Advertising devices located on scenic byways.

(A) Once an application for the designation of a scenic byway has been submitted and received by the Ohio department of transportation, all applications for the erection of an advertising device to be erected on a proposed scenic byway subsequently received by the advertising device control section will be held in abeyance, and no decision will be made thereon, until the director has determined pursuant to section 5516.05 of the Revised Code whether to so designate that portion of the interstate highway system, the national highway system, or the primary highway system as a scenic byway.

(B) Advertising devices erected on a portion of the interstate highway system, the national highway system, or the primary highway system designated as a scenic byway without a valid permit will be subject to removal pursuant to section 5516.04 of the Revised Code.

R.C. 119.032 review dates: 03/19/2010 and 03/19/2015
Promulgated Under: 119.03
Statutory Authority: 5516.03
Rule Amplifies: 5516.01 thru 5516.14
Prior Effective Dates: 08/28/03, 11/14/08

5501:2-2-10 Advertising devices located on premises of professional sports facility.

(A) "Professional sports facility" means all or any portion of a stadium, arena, or other capital facility in Ohio, the primary purpose of which is to provide a site or venue for the presentation to the public events of one or more major or minor league professional athletic or sports teams that are associated with the state or with an Ohio city or region, which facility is owned by, or is located on, real property owned by the state or a governmental entity, and including all parking facilities, walkways, and other auxiliary facilities, equipment, furnishings, and real property and personal property and interests and rights therein, that may be appropriate for or used for in connection with the facility or its operation.

(B) An advertising device located on the premises of a professional sports facility is not required to have a permit under section 5516.10 of the Revised Code or rule 5501:2-2-05 of the Administrative Code and will be considered to be an on-premises advertising device. However, if an advertising device located on the premises of a professional sports facility fails to conform to the following rules, it will be considered an off-premise advertising device subject to the statutes and rules governing such advertising devices.

(C) If a professional sports facility is owned by, or located on, real property owned by the state or a governmental entity and such real property is subsequently purchased by a private corporation or partnership registered to do business in the state of Ohio, any advertising device attached to the professional sports facility, or subsequently placed thereon, may be considered an on-premise advertising device subject to this rule, provided that the private owners of the real property and/or the facility obtain any and all necessary approvals to erect and maintain such device from any and all necessary local zoning authorities or any other appropriate local governmental authorities and request the approval of the director of the department of transportation to maintain or erect an on-premises advertising device. Such request shall be submitted in writing to the director and shall include all necessary documentation establishing all necessary approvals and shall set forth, among other things, the name, address, and contact person, of the management company or owner who has the authority to contract for the display of advertising material on the advertising device. If the owners do not include, or have not secured, all necessary approvals from the proper governmental authorities, the director may reject the request and such advertising device shall be considered an off-premises device subject to all applicable statutes and rules governing such advertising devices. The decision of the director shall be final. If a professional sports facility is currently owned by or is located on property held by a private corporation or partnership, who directly purchased such property and/or facility from the state or another governmental entity, such owners shall have one hundred twenty days from the effective date of this rule to submit a request to the director of the department of transportation.

(D) An advertising device located on the premises of a professional sports facility will be considered to be in accordance with section 5516.02(E) or section 5516.06(H) of the Revised Code if it meets the following requirements:

(1) Number and size: only one advertising device shall be allowed on the premises of a professional sports facility. The maximum area for such device shall be twelve hundred square feet, excluding decorative bases and supports. Any additional advertising devices located on the premises will be considered off-premise advertising devices subject to the statutes and rules governing such advertising devices.

(2) Location: the advertising device must be located on, or within fifty feet of, the structure of the professional sports facility and shall be affixed, attached, or otherwise made an integral part of the professional sports facility.

(a) For purposes of this rule, "structure" shall not include any parking, storage, or other secondary buildings or facilities attached to, or located on the same premises as, the primary facility used by the professional sports team for league play. No advertising device may be located at any other remote location which cannot be put to any reasonable use directly related to the professional sport for which the professional sports facility was originally constructed.

(3) Lighting: an advertising device located on the premises of a professional sports facility must meet the lighting requirements as set forth in Administrative Code rule 5501:2-2-02(A)(4) .

(4) Variable or multiple message: an advertising device located on the premises of a professional sports facility may be a multiple or variable message advertising device. If so, it must meet the requirements for such devices as set forth in Administrative Code rule 5501:2-2-02(B) .

(E) Prior to the erection of an advertising device located on the premises of a professional sports facility, each owner or operator of a professional sports facility shall register with the advertising device control section and complete a registration form setting forth, among other things, the name, address, and contact person of the management company or owner who has the authority to contract for the display of advertising material on the advertising device. Any advertising device erected without completing the required registration will be considered an off-premise advertising device subject to the statutes and rules governing such advertising devices. Annual updates of information may be required by the advertising device control section.

R.C. 119.032 review dates: 03/19/2010 and 03/19/2015
Promulgated Under: 119.03
Statutory Authority: 5516.03
Rule Amplifies: 5516.01 thru 5516.14
Prior Effective Dates: 08/28/03, 11/14/08