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
Universal Citation: 17 NY Comp Codes Rules and Regs ยง 150.13
Current through Register Vol. 46, No. 39, September 25, 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".
(c) Under section 86 of the Highway Law, on-premises signs located within a protected area must also meet the following criteria:
(1) If the sign is located more than 50 feet
from the advertised activity, such sign shall be registered in accordance with
section
150.15 of
this Part, notwithstanding the provision of that section exempting on-premises
signs from registration. Such sign shall not exceed 20 feet in length, width or
height, or 150 square feet in total area, including border and trim but
excluding supports. Not more than one such sign advertising the sale or lease
of the same property may be permitted in such a manner as to be visible to
traffic proceeding in any one direction on any interstate highway. Not more
than one such sign, visible to traffic proceeding in any one direction on any
interstate highway and advertising activities being conducted upon the real
property where the sign is located, shall be permitted more than 50 feet from
the advertised activity. For the purposes of this section, the 50-foot distance
shall be measured as follows:
(i) When the
advertised activity is a business, commercial or industrial land use, the
distance shall be measured from the regularly used buildings, parking lots,
storage or processing area, or other structures which are essential and
customary to the conduct of the business. Such distance shall not be measured
from driveways, fences or similar appurtenances.
(ii) When the advertising activity is a
noncommercial or nonindustrial land use, such as a residence, farm or orchard,
the distance shall be measured from the major structures on the
property.
(2) Except for
signs which are closer than 50 feet distant from the advertised activity, no
such sign shall be permitted which:
(i)
contains, includes, or is illuminated by, any flashing, intermittent or moving
light or lights;
(ii) is lighted so
as to impair the vision of the driver of any motor vehicle;
(iii) moves or has any animated or moving
parts.
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