New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter IV - Highways › Subchapter C - Highway Use And Maintenance › Part 150 - Advertising Signs Adjacent To The Interstate And Primary Highway Systems › Section 150.13 - On-premises sign criteria

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  provisions of this section are intended to establish the criteria for
				  determining whether a sign is an on-premises sign for the purpose of the
				  outdoor advertising control statutes. An on-premises sign is permitted to exist
				  and is not regulated under the provisions of section 88  of the Highway Law, as amended. However,
				  an on-premises sign is subject to regulation in certain locations under section 86  of the Highway Law and as set forth in
				  subdivision (c) of this section
(b)
				  A sign will be considered to be an on-premises sign if it meets the following
				  requirements:
(1) The sign must be located on
				  the same premises as the activity or property advertised.
(2) The sign 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.
(3) In order
				  to be classified as an on-premises sign, such sign must meet the following
				  premises test:
(i) The premises on which an
				  activity is conducted is determined by physical facts rather than property
				  lines. Generally, it is defined as the land occupied by the buildings or other
				  physical uses that are necessary or customarily incident to the activity,
				  including such open spaces as are arranged and designed to be used in
				  connection with such buildings or uses.
(ii) The following will not be considered to
				  be a part of the premises on which the activity is conducted, and any signs
				  located on such land will be considered "off-premises" advertising:
(a) Any land which is not used as an integral
				  part of the principal activity. This would include, but is not limited to, land
				  which is separated from the activity by a roadway, highway or other
				  obstruction, and not used by the activity, and extensive undeveloped highway
				  frontage contiguous to the land actually used by a commercial facility, even
				  though it might be under the same ownership.
(b) Any land which is used for, or devoted
				  to, a separate purpose unrelated to the advertised activity. For example, land
				  adjacent to or adjoining a service station, but devoted to raising of crops,
				  residence or farmstead uses or other commercial or industrial uses having no
				  relationship to the service station activity, would not be part of the premises
				  of the service station, even though under the same ownership.
(c) Any land which is at some distance from
				  the principal activity; and in closer proximity to the highway than the
				  principal activity; and developed or used only in the area of the sign site, or
				  between the sign site and the principal activity; and occupied solely by
				  structures or uses which are only incidental to the principal activity, and
				  which serve no reasonable or integrated purpose related to the activity other
				  than to attempt to qualify the land for signing purposes. Generally, these will
				  be inexpensive facilities, such as picnic, playground or camping areas, dog
				  kennels, golf driving ranges, skeet ranges, common or private roadways or
				  easements, walking paths, fences, and sign maintenance sheds.
(iii) Where the sign site is
				  located at or near the end of a narrow strip contiguous to the advertised
				  activity, the sign site shall not be considered part of the premises on which
				  the activity being advertised is conducted. A narrow strip shall include any
				  configuration of land which is such that it cannot be put to any reasonable use
				  related to the activity other than for signing purposes. In no event shall a
				  sign site be considered part of the premises on which the advertised activity
				  is conducted if it is located upon a narrow strip of land:
(a) which is nonbuildable land, such as too
				  narrow of a strip or a swampland, marshland or other wetland; or
(b) which is a common or private roadway;
				  or
(c) held by easement or other
				  lesser interest than the premises where the advertised activity is
				  located.
(4)
				  In order to be classified as an on-premises sign, such sign must meet the
				  following purpose test:
(i) Such sign must
				  have 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
				  sign is located, rather than the business of outdoor advertising.
(ii) Any sign which consists solely of the
				  name of the establishment is an on-premises sign.
(iii) A sign which identifies the
				  establishment's principal or accessory products or services offered on the
				  premises is an on-premises sign. An example of an accessory product would be a
				  brand of tires offered for sale at a service station.
(iv) When a sign (a) brings rental income to
				  the property owner, (b) consists principally of brand name or trade name
				  advertising, and (c) the product or service advertised is only incidental to
				  the principal activity, it shall be considered the business of outdoor
				  advertising and not an on-premises sign. An example would be a typical
				  billboard located on top of a service station building advertising a brand of
				  cigarettes or chewing gum which is incidentally sold in a vending machine on
				  the property.
(v) A sign which
				  advertises activities conducted on the premises, but which also advertises, in
				  a prominent manner, activities not conducted on the premises, is not an
				  on-premises sign. An example would be a sign advertising a motel or restaurant
				  not located on the premises with a notation or attachment stating "Skeet Range
				  Here" or "Dog Kennels Here". The on-premises activity would only be the skeet
				  range or the dog kennels.
(vi) A
				  sale or lease sign which also advertises any product or service not located
				  upon, and unrelated to, the business of selling or leasing the land on which
				  the sign is located is not an on-premises sign. An example would be a typical
				  billboard which states "This Property for Sale--Apply Smith's Motel; 500 Rooms,
				  Air-Conditioned, Turn Right 3 Blocks at Main Street".