A.R.S. tit. 28 ch. 23 — Arizona Revised Statutes Title 28 Chapter 23 — Highway Beautification

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. 28-7902. 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. 10. Signs, displays and devices that are lawfully placed on a property that meets all of the following: (a) Is located Within a military airport and ancillary military facility overlay zoning district. (b) Has been granted a military compatibility permit that allows commercial or industrial uses and that was not granted primarily to allow outdoor advertising structures. (c) Is located in a high noise or accident potential zone as defined in section 28-8461, paragraph 9, subdivision (a). (d) Has been approved through a public hearing held by the local jurisdiction or county. 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 state route 95 at mile marker two hundred fifty in Bullhead City, to all points within this state that are within a radius of forty miles from that location, except excluding state route 95 south of interstate 40 and any area east of state route 93 from mile marker forty-two to the Hoover dam, 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 state route 95 at mile marker two hundred fifty in Bullhead City, to all points within this state that are within a radius of forty miles from that location 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. 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. 6. The electronic outdoor advertising shall comply with the size and spacing limitations prescribed in section 28-7905, and for coordinates beginning at state route 95 at mile marker two hundred fifty in Bullhead City, to all points within this state that are within a radius of forty miles from that location, 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 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 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 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 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. 28-7903. Outdoor advertising prohibited A. Outdoor advertising shall not be placed or maintained adjacent to the interstate, secondary or primary systems at the following locations or positions, under any of the following conditions or if the outdoor advertising is of the following nature: 1. If it is within view of, directed at and intended to be read from the main traveled way of the interstate, primary or secondary systems, except outdoor advertising authorized under section 28-7902. 2. If it is visible from the main traveled way and simulates or imitates a directional, warning, danger or information sign permitted under this article, if it is likely to be mistaken for any such permitted sign or if it is intended or likely to be construed as giving warning to traffic, such as by the use of the words "stop" or "slow down". 3. If it is within any stream or drainage channel or below the flood water level of any stream or drainage channel where the outdoor advertising might be deluged by floodwaters and swept under any highway structure crossing the stream or drainage channel or against the supports of the highway structure. 4. If it is visible from the main traveled way and displays a red, flashing, blinking, intermittent or moving light, except as provided in section 28-7902, subsection E, or lights likely to be mistaken for a warning or danger signal, except that part necessary to give public service information such as time, date, weather, temperature or similar information. 5. If an illumination on the outdoor advertising is of such brilliance and in such a position as to blind or dazzle the vision of travelers on the main traveled way. 6. If it exists under a permit as required by this article and is not maintained in safe condition. 7. If it is obviously abandoned. 8. If it is placed in a manner that either: (a) Obstructs or otherwise physically interferes with an official traffic sign, signal or device. (b) Obstructs or physically interferes with the vision of drivers in approaching, merging or intersecting traffic. 9. If it is placed on trees or painted or drawn on rocks or other natural features, except signs permitted by section 28-7902, subsection A, paragraph 2. B. At interchanges on freeways or interstate highways outside municipal limits, an outdoor advertising sign, display or device shall not be erected in the area between the crossroad and a point five hundred feet beyond the beginning or ending of pavement widening at the exit from or entrance to the main traveled way. 28-7904. Directional and other official signs Directional and other official signs authorized by section 28-7902, subsection A, paragraph 1 shall comply with rules that are adopted by the director, that are relative to the lighting, size, number, spacing and other requirements as appropriate to implement this article and that are not inconsistent with national standards as may be adopted by the United States secretary of transportation pursuant to 23 United States Code section 131(c). 28-7905. Outdoor advertising standards A. After April 1, 1970, outdoor advertising placed in business areas, and after April 1, 1972, outdoor advertising placed in unzoned commercial or industrial areas outside municipal limits, shall comply with this article and the following standards: 1. The size of outdoor advertising shall not exceed one thousand two hundred square feet in area with a maximum vertical facing dimension of twenty-five feet and a maximum horizontal facing dimension of sixty feet, including border and trim and excluding base or apron supports and other structural members. These size limitations apply to each facing of outdoor advertising. The area shall be measured by the smallest square, rectangle, triangle, circle or combination of the smallest square, rectangle, triangle or circle that will encompass the entire advertisement. Two advertising displays not exceeding three hundred fifty square feet each may be placed in a facing. Back to back or V-type signs may be placed, with the maximum area allowed for each facing. 2. Spacing of outdoor advertising shall not be: (a) Within five hundred feet of other outdoor advertising on the same side of a freeway. (b) Within five hundred feet of the beginning or ending of pavement widening at the exit from or entrance to the main traveled way at a scenic overlook or safety roadside rest area on any portion of a freeway. (c) Within three hundred feet of other outdoor advertising on the same side of any portion of the primary system that is not a freeway. 3. Minimum spacing distances from other outdoor advertising do not apply to outdoor advertising that is separated by any building or other obstruction in such a manner that only one display located within the minimum distances set forth in this subsection is visible from the highway at any one time. Spacing distances shall be measured along the nearest edge of the pavement to a point directly opposite the outdoor advertising. 4. Outdoor advertising authorized under section 28-7902, subsection A, paragraphs 2 and 3 shall not be counted and measured from in determining compliance with the spacing requirements of this subsection. B. After July 1, 1974, outdoor advertising placed in zoned or unzoned commercial or industrial areas inside municipal limits shall comply with the following standards: 1. The size of outdoor advertising shall not exceed the limits provided in subsection A, paragraph 1 of this section. 2. Spacing of outdoor advertising shall not be: (a) Within five hundred feet of other outdoor advertising on the same side of a freeway. (b) Within one hundred feet of other outdoor advertising on the same side of any portion of the primary system that is not a freeway. 3. It shall meet the standards prescribed in subsection A, paragraphs 3 and 4 of this section. 28-7906. Outdoor advertising and property right acquisition; compensation; removal; hearing A. The director shall acquire by gift, agreement, purchase, exchange, eminent domain or other lawful means all right, title, leasehold and interest in any outdoor advertising together with the right of the owner of the real property on which the outdoor advertising is located to erect and maintain the outdoor advertising on the real property, if the outdoor advertising is prohibited by this article. Damages resulting from any taking of property in eminent domain shall be determined in the manner provided by law. B. If compensation is required by federal law and if federal participation in the compensation is required by federal law, nonconforming outdoor advertising is not required to be removed until federal monies for the federal share of compensation as required by federal law are made available to the department. C. If outdoor advertising is placed after July 1, 1974 contrary to this article or the rules adopted by the director or if a permit is not obtained as prescribed in this article, the outdoor advertising is unlawful. D. The director shall give notice by certified mail of the director's intention to remove advertising deemed unlawful to both the owner or the occupant of the land on which the outdoor advertising is located and the owner of the outdoor advertising, if the latter is known, or if unknown, by posting notice in a conspicuous place on the outdoor advertising. Within seven days after the notice is mailed or posted, the owner of the land or the outdoor advertising may make a written request to the director for a hearing to show cause why the outdoor advertising should not be removed. E. The director shall designate a hearing officer, who is an administrative employee of the department, to conduct and preside at the hearing. If a hearing is requested, the department shall hold the hearing within thirty days after the hearing is requested and the department shall give the party requesting the hearing at least five days' notice of the time of the hearing. The department shall conduct the hearing at department administrative offices. A full and complete record and transcript of the hearing shall be taken. F. Within ten days after the hearing, the hearing officer shall make a written determination of findings of fact, conclusions and decision and shall mail a copy by certified mail to the owner or the party who requested the hearing. G. If the decision is adverse to the party, within ten days after the decision is rendered the party may petition the superior court in the county in which the outdoor advertising is located to determine whether the decision of the hearing officer was lawful and reasonable. If the decision of the court upholds that of the director, the owner of the land or the outdoor advertising or both shall pay all costs from the time of the administrative hearing, including court costs. H. If a hearing before the director is not requested, if an appeal is not taken from the director's decision of the hearing or if the director's decision is affirmed on appeal, the director shall immediately remove the offending outdoor advertising. The owner of the outdoor advertising, the owner or occupant of the land or the owner of the outdoor advertising and the owner or occupant of the land are liable for the costs of this removal. The director has no liability for the removal. 28-7907. Agreement with secretary of transportation A. The director shall enter into the agreement with the United States secretary of transportation provided for by 23 United States Code section 131(d) providing the standards governing the size, lighting and spacing of outdoor advertising authorized under section 28-7902, subsection A, paragraphs 4 and 5 and defining an unzoned commercial or industrial area. B. If the standards and definitions contained in the agreement do not agree substantially with this article, the agreement is not effective until this article is amended to conform with the terms of the agreement. 28-7908. Rules A. The director shall adopt and enforce rules governing the placing, maintenance and removal of outdoor advertising. The rules shall be consistent with: 1. The public policy of this state to protect the safety and welfare of the traveling public. 2. This article. 3. The terms of the agreement with the United States secretary of transportation pursuant to section 28-7907. 4. The national standards, criteria and regulations promulgated by the United States secretary of transportation pursuant to 23 United States Code section 131. B. The director shall define by rule unzoned commercial or industrial areas, defined hardship areas and defined areas along the interstate and primary systems. The definitions shall: 1. Be consistent with the definitions of these areas provided in this article and in the agreement with the United States secretary of transportation pursuant to section 28-7907. 2. Take into consideration the negative economic impact and economic hardship of these areas. 28-7909. Permits; fees; disposition A. The director shall issue permits to place or maintain, or both, outdoor advertising authorized under section 28-7902, subsection A, paragraphs 1, 4, 5, 6, 7 and 8 and to establish and collect fees for the issuance of the permits. The fees shall not exceed the actual costs to the department. B. The department shall deposit, pursuant to sections 35-146 and 35-147, the fees collected under this article in the state highway fund. 28-7910. Governmental agency resolution; defined hardship area A. On receipt of any resolution or other clear direction from any state agency, county, city, town or other governmental agency and of an analysis of negative economic impacts provided by the entity pursuant to the criteria and method of economic analysis determined by the director that removal of tourist related advertising devices would cause an economic hardship on a defined area, the director shall forward the resolution and economic analysis, if the director approves, with its endorsement and approval to the United States secretary of transportation for inclusion as a defined hardship area qualifying for exemption pursuant to 23 United States Code section 131(o). B. A resolution submitted to the director in addition shall: 1. Find that the tourist related advertising devices provide directional information about goods and services in the interest of the traveling public. 2. Request the retention of the directional advertising devices described in this section. 28-7911. Nongovernmental resolution; defined hardship area A. On receipt of a resolution from any group of tourist related businesses, chambers of commerce or other such nongovernmental entities, and of an analysis of negative economic impacts provided by the entity pursuant to the criteria and method of economic analysis determined by the director that removal of tourist related advertising devices would cause an economic hardship on a defined area, the director shall forward the resolution and economic analysis, if the director approves, with its endorsement and approval to the United States secretary of transportation for inclusion as a defined hardship area qualifying for exemption pursuant to 23 United States Code section 131(o). B. A resolution submitted to the director in addition shall: 1. Find that the tourist related advertising devices provide directional information about goods and services in the interest of the traveling public. 2. Request the retention of the directional advertising devices as described in this section. 28-7912. City, town or county control of advertising displays A. An incorporated city or town or a county may control outdoor advertising along interstate, secondary and primary highways on request to the director and certification by the director to the United States secretary of transportation that the city, town or county: 1. Has enacted comprehensive zoning ordinances. 2. By ordinance, regulates the size, lighting and spacing of outdoor advertising in zoned commercial and industrial areas along interstate, secondary and primary highways. B. Cities, towns or counties shall not assume control of outdoor advertising under this section if the ordinance is less restrictive than this article. 28-7913. Advertising displays; safety rest areas; information centers To provide information in the specific interest of the traveling public, the director may authorize advertising displays at safety rest areas and at information centers. 28-7914. Construction of article This article is cumulative and supplemental to other provisions of law and does not affect or enlarge any authority of counties, cities or towns pursuant to any other provisions of law that may exist to enact ordinances regulating the size, lighting and spacing of outdoor advertising. 28-7915. Violation; classification A person who violates this article or a rule of the director adopted under this article is guilty of a class 2 misdemeanor. 28-7941. Definitions In this article, unless the context otherwise requires: 1. "Automobile graveyard" means an establishment or place of business maintained, used or operated for storing, keeping, buying or selling wrecked, abandoned, scrapped, ruined or dismantled motor vehicles or motor vehicle parts. 2. "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. 3. "Junk" means: (a) Old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris or waste. (b) Junked, dismantled or wrecked automobiles or parts of junked, dismantled or wrecked automobiles. (c) Iron, steel and other old or scrap ferrous or nonferrous material. 4. "Junkyard" means an establishment or place of business maintained, used or operated for storing, keeping, buying or selling junk or for maintaining or operating an automobile graveyard, including garbage dumps and sanitary landfills. 5. "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. 6. "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. 7. "Unzoned industrial area" means an area that is not zoned under authority of state law and in which the land use is characteristic of that generally permitted only in areas that are actually zoned industrial under authority of state law and that embraces all land on the same side of the highway on which one or more industrial activities are conducted, including all land within one thousand feet measured in each direction parallel to the highway from the nearest edge of the industrial building or activity on the land. As used in this paragraph, industrial activity does not include: (a) Agricultural, forestry, grazing, farming, ranching and related activities. (b) Transient or temporary activities, including wayside fresh produce stands. (c) Activities not visible from the main traveled way. (d) Activities conducted in a building principally used as a residence. (e) Railroad tracks, minor sidings and passenger depots and aboveground or underground utility lines. (f) Junkyards. (g) Outdoor advertising structures. (h) Activities in operation fewer than three months a year. (i) Activities more than three hundred feet from the edge of a right-of-way. 28-7942. Junkyards; screening; relocation; rules A. If it is considered feasible by the director, the director may screen a junkyard that is in existence on July 1, 1974, that is located within one thousand feet of the nearest edge of the right-of-way of the interstate or primary systems and that is visible from the main traveled way of the interstate or primary systems. The screening shall be at locations on the right-of-way so that the junkyard is not visible from the main traveled way of the interstate or primary systems. B. If the director determines that the topography of the land adjoining the interstate or primary systems does not permit adequate screening of the junkyards or that the screening would not be economically feasible, the director may require the relocation, removal or disposal of the junkyard and its junk by agreement, purchase, exchange or eminent domain or may acquire the junkyard and its junk by gift or other lawful means. If the director determines that it is in the best interest of this state, the director may acquire in the name of this state the land or an interest in the land that is necessary to accomplish the purposes of this article. C. The owner of a junkyard that is located within one thousand feet of the nearest edge of the right-of-way of the interstate or primary system and that is visible from the main traveled way of the system whose property is taken in eminent domain is entitled to the payment of damages and to applicable relocation assistance payments, except that the owner is not entitled to the payments if the junkyard was established after May 11, 1971 unless the junkyard did not constitute a public nuisance pursuant to this article when it was established and was not otherwise unlawfully established in violation of municipal or county ordinances. D. The director shall adopt and enforce rules governing the location, planting, construction and maintenance, including the materials used, in screening junkyards as required under this article. E. This section does not apply to a junkyard that is operated in an area adjacent to an interstate or primary system, that is within one thousand feet of the nearest edge of the right-of-way and that is within an area zoned for industrial use or within an unzoned industrial area. 28-7943. Junkyards; screening license A. After July 1, 1974, a person shall not establish a new junkyard or expand a junkyard lawfully existing on July 1, 1974, any portion of which is within one thousand feet of the nearest edge of the right-of-way of the interstate or primary systems, without obtaining a screening license from the director. B. The director shall establish and collect a fee for the issuance of the license. The department shall deposit, pursuant to sections 35-146 and 35-147, the fees collected for the licenses in the state highway fund. C. The director shall not issue a screening license under this section for the establishment of a new junkyard or for the expansion of an existing junkyard within one thousand feet of the nearest edge of the right-of-way of the interstate or primary systems unless it conforms to at least one of the following requirements: 1. Is screened by natural objects, plantings, opaque fences or other appropriate means to the extent that it is not visible from the main traveled way of the interstate or primary systems or is otherwise removed from sight. 2. Is located within an area zoned for industrial use under the authority of law. 3. Is located within an unzoned industrial area as determined from actual land uses and defined by rules adopted by the director. 28-7944. Junkyards; nuisance; injunction The establishment, operation or maintenance of a junkyard contrary to this article is a public nuisance, and the governing body responsible for the street or highway on which the junkyard is located or the director, in the case of this state, may apply to the superior court in the county in which the junkyard is located for an injunction to abate the nuisance. 28-7945. Construction of article This article does not affect the provisions of any lawful ordinance or regulation that is more restrictive than this article. 28-7946. Violation; classification A person who violates this article or a rule of the director adopted under this article is guilty of a class 2 misdemeanor.