28-7901. Definitions

In this article, unless the context otherwise requires:

1. " Business area" means an area that is outside municipal limits, that embraces all of the land on the same side of the highway on which one or more commercial or industrial activities are conducted, including all land within one thousand feet measured in any direction from the nearest edge of the actual land used or occupied for such activity, its parking, storage and service areas, its driveways and its established front, rear and side yards, that constitutes an integral part of such activity and that is zoned, under authority of law, primarily to permit industrial or commercial activity. If one or more commercial or industrial activities are located within one thousand feet of a freeway interchange, the business area shall extend three thousand feet measured in each direction parallel to the freeway from the center line of the crossroad but shall not extend beyond the limits of the established commercial or industrial zone.

2. " Comprehensive development" means an activity if all of the following apply:

(a) The activity is comprised primarily of individual commercial or industrial activities.

(b) The activity is located on land that is only on one side of the highway.

(c) The lots or parcels within the development are contiguous except for roadways or driveways, whether public or private, that provide access to the development.

(d) The relevant county, city or town has approved the boundaries of the activity as a unified development with a common identity and an interrelated plan for public and private improvements, either as originally planned or as amended.

(e) The activity has common areas such as parking, amenities and landscaping.

(f) The activity has a scheme of common ownership that actively provides for the management and maintenance of common areas within the development.

(g) The premises includes all land used or to be used or occupied for the activity. Uses of land that serve no reasonable or integrated purpose related to the activity, other than an attempt to qualify the land for signing purposes, are not part of the comprehensive development. For the purposes of this subdivision, " premises" includes:

(i) Buildings.

(ii) Parking.

(iii) Storage and service areas.

(iv) Streets.

(v) Driveways.

(vi) Land used and reasonably necessary for landscaped front, rear and side yards.

3. " Electronic outdoor advertising" means signs, displays and devices with sign faces that are comprised of matrices of light or light-emitting devices that are static or capable of changing messages electronically by remote or automatic means.

4. " Freeway" means a divided arterial highway on the interstate or primary system with full control of access and with grade separations at intersections.

5. " Information center" means a site that is established and maintained at a safety rest area to inform the public of places of interest in this state and that provides other information the board considers desirable.

6. " Interstate system" means the portion of the national system of interstate and defense highways located in this state that are officially designated by the board and approved by the United States secretary of transportation pursuant to 23 United States Code.

7. " Main traveled way" :

(a) Means the portion of a roadway for the movement of vehicles, excluding shoulders, on which through traffic is carried.

(b) In the case of a divided highway, means the traveled way of each of the separated roadways for traffic in opposite directions.

(c) Does not include facilities such as frontage roads or parking areas.

8. " Outdoor advertising" means any outdoor sign, display, light, device, figure, painting, drawing, message, plaque, poster, billboard or other thing that is designed, intended or used to advertise or inform and the message of which is visible from any place on the main traveled way of the interstate, secondary or primary systems.

9. " Primary system" means that portion of connected main highways located in this state that are officially designated by the board and approved by the United States secretary of transportation pursuant to 23 United States Code.

10. " Safety rest area" means a site established and maintained by or under public supervision or control for the convenience of the traveling public within or adjacent to the right-of-way of the interstate or primary systems.

11. " Scheme of common ownership" means an ownership scheme in which the owners have recorded irrevocable rights to use common areas.

12. " Secondary system" means that portion of connected highways located in this state that are officially designated by the board and approved by the United States secretary of transportation pursuant to 23 United States Code.

13. " Tourist related advertising display" means any outdoor advertising that advertises a specific public or private facility, accommodation, goods or service, at a particular location or site, including an overnight lodging, campsite, food service, recreational facility, tourist attraction, educational or historical site or feature and automotive service facility or garage.

14. " Unzoned commercial or industrial area" means an area that is not zoned under authority of law and in which land use is characteristic of that generally permitted only in areas that are actually zoned commercial or industrial under authority of state law, that embraces all land on the same side of the highway on which one or more commercial or industrial activities are conducted, including all land within one thousand feet measured in any direction from the nearest edge of the actual land used or occupied by this activity, its parking, storage and service areas, its driveways and its established front, rear and side yards, and that constitutes an integral part of this activity. As used in this paragraph, commercial or industrial activities do not include:

(a) Outdoor advertising structures.

(b) Agricultural, forestry, grazing, farming and related activities.

(c) Transient or temporary activities, including wayside fresh produce stands.

(d) Activities not visible from the main traveled way.

(e) Activities conducted in a building principally used as a residence.

(f) Railroad tracks and minor sidings and aboveground or underground utility lines.