(1)The following advertising devices as defined in section 43-1-403 may be erected
and maintained when in compliance with all provisions of this part 4 and the rules
adopted by the department:
(a)to (c) Repealed.
(d)Advertising devices located in areas which were zoned for industrial or
commercial uses under authority of state law prior to January 1, 1970;
(e)(I) Advertising devices located along primary and secondary highways in
areas which were zoned for industrial or commercial uses under authority of state
law on and after January 1, 1970, provided:
(A)The advertising device shall be no larger than one hundred fifty square
feet; and
(B)The advertising device must be located within one thousand feet of an
industrial or commercial building.
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(1) The following advertising devices as defined in section 43-1-403 may be erected
and maintained when in compliance with all provisions of this part 4 and the rules
adopted by the department:
(a) to (c) Repealed.
(d) Advertising devices located in areas which were zoned for industrial or
commercial uses under authority of state law prior to January 1, 1970;
(e) (I) Advertising devices located along primary and secondary highways in
areas which were zoned for industrial or commercial uses under authority of state
law on and after January 1, 1970, provided:
(A) The advertising device shall be no larger than one hundred fifty square
feet; and
(B) The advertising device must be located within one thousand feet of an
industrial or commercial building.
(C) to (E) Repealed.
(II) In enacting the provisions of this paragraph (e), the general assembly
declares each and every provision is necessary and not severable in order to further
the substantial state interests contained in section 43-1-402. It is not the intent of
the general assembly to allow advertising devices in areas zoned for industrial or
commercial uses on or after January 1, 1970, unless each and every provision
contained in this paragraph (e) is satisfied.
(III) Repealed.
(f) (I) Notwithstanding any other provision of law, with the exception of
section 43-1-416, any advertising device, except for a nonconforming advertising
device, may contain a message center display with movable parts and a changeable
message that is changed by electronic processes or by remote control. The
illumination of an advertising device containing a message center display is not the
use of a flashing, intermittent, or moving light for the purposes of any rule,
regulation, and standard promulgated by the department or any agreement
between the department and the secretary of transportation of the United States.
No message center display may include any illumination that is in motion or appears
to be in motion, that changes in intensity or exposes its message for less than four
seconds, or that has an interval between messages of less than one second. No
advertising device with a message center display may be placed within one
thousand feet of another advertising device with a message center display on the
same side of a highway and facing the same direction of travel. No message center
display may be placed in violation of section 131 of title 23 of the United States
code.
(II) Subparagraph (I) of this paragraph (f) shall not apply if the department
receives written notification from the applicable federal authority that the
proposed advertising device with a message center display will directly cause the
repayment or denial of federal moneys that would otherwise be available or would
otherwise be inconsistent with federal law, but only to the extent necessary to
prevent the repayment or denial of the moneys or to eliminate the inconsistency
with federal law.
(2) Nonconforming advertising devices in compliance with this part 4 and the
rules and regulations adopted by the department pursuant to this part 4 may be
maintained.
(3) Nothing in this section shall be construed to allow advertising devices
which are prohibited in bonus areas adjacent to the interstate system as provided
for in section 43-1-406.
(4) Notwithstanding paragraphs (d) and (e) of subsection (1) of this section,
any advertising device which is more than six hundred sixty feet off the nearest
edge of the right-of-way, located outside urban areas as such areas are defined in
23 U.S.C. sec. 101, and which is visible from the roadway of the state highway
system and erected with the purpose of its message being read from such roadway
is prohibited. Advertising devices beyond six hundred sixty feet of the right-of-way
which were lawfully erected under state law prior to January 4, 1975, shall be
compensated for and removed pursuant to this part 4.
(5) (a) Notwithstanding any other provision of law, except for section 43-1-416, as an alternative to removing any advertising device that is otherwise
permitted by this part 4 or acquiring all real and personal property rights pertaining
to the device, the department may permit the advertising device to be remodeled
and relocated on the same property in a commercial or industrial zoned area, or on
another area where the device would otherwise be permitted under this article.
(b) Paragraph (a) of this subsection (5) shall not apply if the department
receives written notification from the applicable federal authority that the
proposed advertising device to be remodeled and relocated will directly cause the
repayment or denial of federal moneys that would otherwise be available or would
otherwise be inconsistent with federal law, but only to the extent necessary to
prevent the repayment or denial of the moneys or to eliminate the inconsistency
with federal law.