SB1114 - 531R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 28-7902, Arizona Revised Statutes, is amended to read:

START_STATUTE28-7902. Outdoor advertising authorized

A. The following outdoor advertising may be placed or maintained along an interstate, secondary or primary system within six hundred sixty feet of the edge of the right‑of‑way:

1. Directional or other official signs or notices that are required or authorized by law, including signs pertaining to natural wonders and scenic and historic attractions.

2. Signs, displays and devices that are located on the premises of the activity that they advertise. This paragraph applies to any sign that is located on the premises of a comprehensive development that the sign advertises if the placement of the sign does not cause a reduction of federal aid highway monies pursuant to 23 United States Code section 131. For the purposes of this paragraph, "activity" means the active use or collective uses of the premises.

3. Signs, displays and devices advertising the sale or lease of the property on which they are located.

4. Signs, displays and devices lawfully placed after April 1, 1970 in business areas.

5. Signs, displays and devices lawfully placed after either:

(a) July 1, 1974 in zoned or unzoned commercial or industrial areas inside municipal limits.

(b) April 1, 1972 in unzoned commercial or industrial areas outside municipal limits.

6. Signs, displays and devices that are lawfully existing on April 1, 1970 and that are located in business areas and in zoned commercial or industrial areas outside municipal limits.

7. Signs, displays and devices lawfully existing on either:

(a) July 1, 1974 that are located in zoned or unzoned commercial or industrial areas inside municipal limits.

(b) April 1, 1972 in unzoned commercial or industrial areas outside municipal limits.

8. Nonconforming tourist related advertising displays that are lawfully erected and in existence on May 5, 1976, that are located in defined hardship areas, that provide specific directional information to the traveling public and that are approved by the United States secretary of transportation pursuant to 23 United States Code section 131(o).

9. A sign located in a charter city adjacent to an interstate highway with a changing message for identification of businesses that are located on separate contiguous parcels and that are part of a single development approved by a city council as part of a development agreement entered into before April 22, 1990. The changing message may not contain words or phrases that continuously travel or scroll in a manner that presents a message longer than may be displayed on the sign at one instant in time. The director may adopt rules governing the interval within which a message may be displayed or changed. This paragraph does not alter, change or affect any other statute, rule, regulation, policy or interpretation concerning the use of signs with changing messages or the ownership of property on which the signs are located.

B. Outdoor advertising authorized under subsection A, paragraphs 1, 4 and 5 shall conform with standards contained and shall bear permits required in rules adopted by the director under this article, except that the authorized outdoor advertising along highways in the secondary system that are not state highways need only bear permits required by the responsible county or municipal authority.

C. Outdoor advertising authorized under subsection A, paragraphs 6 and 7 need not conform to standards contained but shall bear permits required in rules adopted by the director under this article, except that the authorized outdoor advertising along highways in the secondary system that are not state highways need only bear permits required by the responsible county or municipal authority.

D. If preservation would be consistent with this article, signs may be preserved or maintained if they were lawfully in existence on October 22, 1965 and if the director determines, subject to the approval of the United States secretary of transportation as provided for by 23 United States Code section 131(c), that they are landmark signs, including signs on farm structures or natural surfaces, of historic or artistic significance.

E. Outdoor advertising that conforms to standards and bears a permit pursuant to subsection B or C of this section may include electronic outdoor advertising only if the electronic outdoor advertising meets the following requirements:

1. The electronic outdoor advertising does not contain any form of animation and remains static for at least eight seconds with a transition time of no greater than two seconds.

2. Except as provided in subsection H or I of this section, the electronic outdoor advertising is located within the area with the following coordinates:

Beginning at 2121 South Casino Drive in Laughlin, Nevada, 89029, to all points within this state that are within a radius of sixty miles from such address on Casino drive, and also including latitude 33.9 north, longitude 114.5 west, hence due east to latitude 33.9 north, longitude 112.25 west, hence following the circumference of a circle with a radius of seventy‑five miles from the coordinates of the discovery channel telescope to latitude 33.66 north, longitude 111.23 west, hence due south to latitude 33.46 north, longitude 111.23 west, hence following the circumference of a circle with a radius of seventy‑five miles from the coordinates of the Mount Lemmon observatory to latitude 33.02 north, longitude 111.91 west, hence following the circumference of a circle with a radius of seventy‑five miles from the coordinates of Kitt Peak observatory to latitude 32.6 north, longitude 112.65 west, hence due west to latitude 32.6 north, longitude 114.802 west, and hence north along the Colorado river to the point of beginning.

3. Except as provided in paragraph 4 of this subsection, from sunset until 11:00 P.M., the dimmer for electronic outdoor advertising signs, displays and devices shall not be set to exceed three hundred forty‑two NITS in full white mode for signs that are smaller than six hundred seventy‑two square feet in area and three hundred NITS in full white mode for signs that are equal to or larger than six hundred seventy‑two square feet in area.

4. For coordinates beginning at 2121 South Casino Drive in Laughlin, Nevada, 89029, to all points within this state that are within a radius of sixty miles from such address on Casino Drive from sunset until 11:00 P.M., the dimmer for electronic outdoor advertising signs, displays and devices shall not be set to exceed two hundred NITS in full white mode for all signs.

4. 5. From 11:00 P.M. until sunrise, illumination shall be extinguished and electronic outdoor advertising signs, displays and devices shall be equipped with an automatic device to ensure compliance with this paragraph, except for amber alerts and other governmental emergencies. The automatic device shall have the ability to dim the display through a photoelectric sensor that detects ambient light levels and adjusts the display intensity automatically to ensure the maximum NIT levels are enforced.

5. 6. The electronic outdoor advertising shall comply with the size and spacing limitations prescribed in section 28‑7905, and for coordinates beginning at 2121 South Casino Drive in Laughlin, Nevada, 89029, to all points within this state that are within a radius of sixty miles from such address on Casino Drive, the number of electronic outdoor advertising signs, displays and devices shall not exceed thirty‑five.

F. The director shall prepare a pictorial representation of the coordinates described in subsection E, paragraph 2 of this section. The director shall post the pictorial representation on the department's website.

G. The owner of any outdoor advertising that is within the area described in subsection E, paragraph 2 of this section, that bears a permit pursuant to subsection B or C of this section and that is converted to electronic outdoor advertising shall notify the department of the face‑type status change. The notice shall include a certification that the sign remains in compliance with this section. The department shall maintain the face-type status change documents in its records. After the effective date of this amendment to this section May 9, 2012, the conversion of outdoor advertising to electronic outdoor advertising is only allowed in the area described in subsection E, paragraph 2 of this section.

H. Electronic outdoor advertising is deemed to have legal nonconforming status for the purposes of state law, including for the purposes of any permits and approvals issued by the department, if both of the following apply:

1. The electronic outdoor advertising is both operational and bears a permit pursuant to subsection B or C of this section before the effective date of this amendment to this section May 9, 2012.

2. The electronic outdoor advertising is not located within the area described in subsection E, paragraph 2 of this section.

I. Electronic outdoor advertising in existence and operational as of the effective date of this amendment to this section May 9, 2012 is deemed to have legal conforming status for the purposes of state law, including for the purposes of any permits and approvals issued by the department if both of the following apply:

1. The electronic outdoor advertising bears a permit pursuant to subsection B or C of this section.

2. The electronic outdoor advertising is located within the area described in subsection E, paragraph 2 of this section.

J. The electronic outdoor advertising that is described in subsection H or I of this section is subject to the requirements prescribed by subsection E, paragraphs 1, 3, 4 and 5.

K. A city, town or county shall not issue a permit for conversion of an existing outdoor advertising use to an electronic outdoor advertising use after the effective date of this amendment to this section May 9, 2012 if the existing outdoor advertising is not located in the area described in subsection E, paragraph 2 of this section.

L. This section does not prevent a city, town or county from enforcing or enacting an ordinance regulating outdoor advertising that is authorized by subsection E of this section, including the lighting of the outdoor advertising. The city, town or county may enact an ordinance that is more restrictive than this section but not less restrictive than this section. END_STATUTE

Sec. 2. Legislative intent

It is the legislature's intent that any amendment to section 28‑7902, Arizona Revised Statutes, that is effective from and after the effective date of this act and that results in the authorization of additional areas to allow electronic outdoor advertising as described in section 28-7902, Arizona Revised Statutes, as amended by this act, will result in all of the following:

1. Persons providing electronic outdoor advertising will make all commercially reasonable efforts to use modern and state of the art technology.

2. The additional areas will not contribute to a collective net increase of artificial sky glow in this state resulting from electronic outdoor advertising.

3. To the extent possible, commercially reasonable efforts will be made to replace existing electronic outdoor advertising and the components of existing electronic outdoor advertising with new and advanced technology to decrease the artificial sky glow.