South Carolina Code of Regulations › Chapter 63 - DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION › Article 4 - ENGINEERING › Subarticle 3 - HIGHWAY ADVERTISING CONTROL ACT › Section 63-342 - Definition of Terms

Current through Register Vol. 48, No. 6, June 28, 2024
A. "Abandoned
				Sign," means a sign which is not being maintained as required by the
				regulations, or which is overgrown by trees or other vegetation not on the
				highway right-of-way, or which has had obsolete advertising messages or no
				advertising messages for a period of six months, or for which a permit has not
				been obtained or is not current, or for which the fee has not been paid more
				than thirty (30) days after demand by the Department. An obsolete advertising
				message does not include public service signing.
B. "Act," means Highway Advertising Control
				Act or its successors.
C.
				"Back-to-Back Sign," means any sign constructed on a single set of supports
				with two sign facings in opposite directions each of which may have up to two
				sign faces visible.
D. "Control
				Area," means that area within 660 feet of the nearest edge of the right-of-way
				of Interstate or Federal-aid primary highways and visible from the
				main-traveled way of the Interstate or Federal-aid primary highways. The
				distance is measured from the outer edge of the right-of way on a line which is
				perpendicular to the edge of the pavement at the points in question.
E. "Cutouts and Extensions," means any
				addition to a sign in excess of the permitted sign face area which aids in the
				display of a particular message. These cutouts and extensions should be
				apparent from the sign face and cannot increase the permitted sign face area by
				more than 150 square feet.
F.
				"Department," means South Carolina Department of Transportation.
G. "Destroyed Sign," means a sign no longer
				in existence due to factors other than vandalism or other criminal tortuous
				act. A sign damaged by greater than 50 percent of its replacement costs as
				determined from nationally recognized catalogues of vendors of construction and
				outdoor advertising materials based on single item purchases, not bulk purchase
				orders. Salvage parts cannot be used to determine replacement value unless
				approved by the Department.
H.
				"Double faced Sign," means any sign with only one set of supports, one sign
				facing and no more than two sign faces visible.
I. "Erect," means to construct, build, raise,
				assemble, place, affix, attach, create, paint, draw, or in any other way bring
				into being or establish. It does not mean changing or repainting an existing
				sign face.
J. "Highway," means all
				roads, streets and other ways open, or intended to be opened and for which the
				alignment has been approved by the Department, to the use of the public for
				travel by motor vehicles.
K.
				"Illegal Sign," means any sign which was erected or maintained in violation of
				any of the provisions of the Act or these regulations, including an abandoned
				sign.
L. "Interchange," means an
				intersection or junction of highways, either open or intended to be opened and
				for which the location has been approved by the Department, whether at grade or
				involving one or more grade separations, together with that additional area
				used or needed for connecting roadways from one highway to another.
M. "Lease," means any writing by which
				possession or use of land or interest therein is given by the owner to another
				person for a specified period of time.
N. "Legible," means capable of being read or
				understood without visual aid by a person of normal visual acuity while
				traveling in an ordinary passenger car on the main-traveled way at the speed
				limit.
O. "Main-Traveled Way,"
				means the traveled way of a highway on which through traffic is
				carried.
P. "Nonconforming Sign,"
				means one which was lawfully erected but which does not comply with the
				provisions of the Act or these regulations passed at a later date or which
				fails to comply with the Act or these regulations because of changed conditions
				at the site, such as the inclusion of a new highway in those roads governed by
				the Act, construction of a new interchange, etc.
Q. "On-Premise Sign," means any sign which is
				designed, intended or used to advertise or inform of the principal activity
				taking place, or the product being sold on the property where the sign is
				located.
R. "Removed," when used in
				reference to a sign or sign structure, means the dismantling and complete
				removal from the view of the motoring public of all parts and materials of a
				sign or sign structure to include but not limited to, faces and beams, poles,
				braces, stringers, guys, and struts, which are used or intended to be used to
				support or display a sign.
S.
				"Residence," means a building or mobile home used as a permanent dwelling place
				whose occupancy is primarily unrelated to any commercial activity conducted on
				or adjacent to the premises.
T.
				"Rest Area," means an area or site established and maintained within or
				adjacent to the right-of-way for the convenience of the traveling
				public.
U. "Sham activity," means
				any activity which
(1) is a commercial or
				industrial activity but which was created primarily or exclusively to qualify
				an area as an unzoned commercial or industrial area, or
(2) does not conduct any meaningful business
				at the activity site, or
(3) is an
				activity that fails to meet the standards set forth under the definition of
				transient or temporary at the time of investigation.