As used in this part 4, unless the context otherwise
requires:
(1) Advertising device means any outdoor sign, display, device, figure,
painting, drawing, message, placard, poster, billboard, or any other contrivance
designed, intended, or used to advertise or inform, for which compensation is
directly or indirectly paid or earned in exchange for its erection or existence by any
person or entity, and having the capacity of being visible from the travel way of any
state highway, except any advertising device on a vehicle using the highway or any
advertising device that is part of a comprehensive development. The term vehicle
using the highway does not include any vehicle parked near said highway for
advertising purposes.
(1.3) Compensation means the exchange of anything of value, including
money, securities, real property interests, personal property interests, goods or
services, promise of future development, exchange of favor, or forbearance of debt.
(1.5) (a) Comprehensive development means a group of two or more lots or
parcels of land used primarily for multiple separate commercial or industrial
activities that:
(I) Is located entirely on one side of a highway;
(II) Consists of lots or parcels that are contiguous except for public or private
roadways or driveways that provide access to the development;
(III) Has been approved by the relevant local government as a development
with a common identity and plan for public and private improvements;
(IV) Has common areas such as parking, amenities, and landscaping; and
(V) Has an approved plan of common ownership in which the owners have
recorded irrevocable rights to use common areas and that provides for the
management and maintenance of common areas.
(b) Comprehensive development includes all land used or to be used or
occupied for the activities of the development, including buildings, parking, storage
and service areas, streets, driveways, and reasonably necessary landscaped areas.
A comprehensive development includes only land that is used for a purpose
reasonably related to the activities of the development.
(2) Defined area means a geographically described economic area in which
tourist-related businesses are located, which area would suffer substantial
economic hardship by the removal of any tourist-related advertising device in that
area providing directional information about goods and services in the interest of
the traveling public.
(3) Department means the department of transportation.
(4) Repealed.
(5) Erect means to construct or allow to be constructed.
(6) Highway means any road on the state highway system, as defined in
section 43-2-101 (1).
(7) Informational site means an area established and maintained within a
highway rest area wherein panels for the display of advertising and informational
plaques may be erected and maintained so as not to be visible from the travel way
of any state highway.
(8) Interstate system means the system of highways as defined in section
43-2-101 (2).
(9) Maintain means to preserve, keep in repair, continue, or replace an
advertising device.
(10) Municipality has the same meaning as defined in section 31-1-101 (6),
C.R.S.
(11) National policy means the provisions relating to control of advertising,
signs, displays, and devices adjacent to the interstate system contained in 23 U.S.C.
sec. 131 and the national standards or regulations promulgated pursuant to such
provisions.
(12) Nonconforming advertising device means any advertising device that
was lawfully erected under state law and has been lawfully maintained in
accordance with the provisions of this part 4 or prior state law, except those
advertising devices allowed by section 43-1-404 (1).
(13) and (14) Repealed.
(15) Person means any individual, corporation, partnership, association, or
organized group of persons, whether incorporated or not, and any government,
governmental subdivision, or agency thereof.
(16) Tourist-related advertising device means any legally erected and
maintained advertising device which was in existence on May 5, 1976, and which
provides directional information about goods and services in the interest of the
traveling public limited to the following: Lodging, campsite, food service,
recreational facility, tourist attraction, educational or historical site or feature,
scenic attraction, gasoline station, or garage.
(17) Visible means capable of being seen, whether or not legible, without
visual aid by a person of normal acuity.
(18) Would work or suffer a substantial economic hardship means tending
to cause or causing a significant negative economic effect, such as a loss of
business income, an increase in unemployment, a reduction in sales taxes or other
revenue to the state or other governmental entity, a reduction in real estate taxes
to the county, and other significant negative economic factors.