Section Tra 601.03 - Definitions(a) "Advertising device" means "advertising device" as defined in RSA 236:70, I.(b) "Business" means any activity engaged in, whether or not for profit, by a person, sole proprietor, partnership, corporation, trust, professional association, limited liability company, limited liability partnership, or any other form of legal entity recognized by the laws of the State of New Hampshire.(c) "Business center" means a property, regardless of how owned, upon which two or more unrelated businesses are conducted in spaces that are physically separated, and recognized by the municipality as separate entities. The term includes properties generally described as a "mall", "retail center", "office center", "professional center", or "strip mall".(d) "Commercial or industrial activities" means "commercial or industrial activities" as defined in RSA 236:70(VI).(e) " Controlled route" means any highway that is a part of the turnpike system, interstate system or federal aid primary system.(f) " Destroyed sign" means a sign no longer in existence due to factors other than vandalism, or other criminal or wrongful acts.(g) "D ilapidated sign" means a sign which is shabby, neglected, in disrepair, or which fails to perform its intended function of conveying a message. Characteristics of a dilapidated sign include, but are not limited to, structural support failure, a sign not supported as originally constructed, panels or borders missing or falling off, intended messages have deteriorated to the point where they cannot be interpreted by the motoring public, or a sign which is blocked by vegetation outside the highway right of way.(h) "Directional or informational sign" means "directional and informational signs" as defined in RSA 236:70 III.(i) " Erect " means "erect" as defined by RSA 236:70, IX.(j) "Face" means that portion of the sign structure available for advertising, and visible from a single direction of travel;(k) "Farm sign" means "farm sign" as defined in RSA 236:70, XIX.(l) "Federal aid primary system" means "federal aid primary system" as defined in RSA 236:70, V.(m) "Federal aid secondary system" means "federal aid secondary system" as defined in RSA 236:70, XVI.(n) "Federal highway adjacent area" means "federal highway adjacent area" as defined in RSA 236:70, XI.(o) "Illegal sign" means an advertising device that is erected and/or maintained in violation of state law.(p) "Legible" means capable of being read without visual aid by a person of normal visual acuity.(q) "Maintain" means "maintain" as defined in RSA 236:70, X.(r) "Main traveled way" means the traveled way of a highway on which through traffic is carried. In the case of a divided highway, each direction has its own main traveled way.(s) "Non-conforming sign" means "nonconforming sign" as defined in RSA 236:70, XVIII.(t) "On premise or on-property sign" means "on premise signs" as defined in RSA 236:70 II.(u) "Panel" means one face of a sign structure.(v) "Property" as used in RSA 236:70, II means land commonly owned, or maintained pursuant to a written maintenance agreement, by owners, tenants, or occupants of contiguous parcels, as part of a single development with a common land use and marketed under a single identity. For purposes of this rule, contiguous parcels mean parcels that share common boundaries forming an unbroken sequence not separated by local or state maintained roadways.(w) "Structure" means the group of components erected or used in connection with the display of an advertising device, and includes, but is not limited to the sign face, base or apron, lighting, supports, and all attachments used in conjunction therewith.(x) "Traffic control sign, signal or device" means any sign, signal or device described in the Manual of Uniform Traffic Control Devices, as amended, made applicable to the states pursuant to 23 U.S.C. Sections 109(d) and 402(a), and regulations adopted at 23 CFR Part 655, and expressly adopted by the department for the regulation of traffic activity in New Hampshire pursuant to RSA 236:1.(y) "Turnpike adjacent area" means "turnpike adjacent area" as defined in RSA 236:70, XIV.(z) "Unzoned commercial or industrial area" means "unzoned commercial or industrial area" as defined in RSA 236:70, VIII.(aa) "Variable clear zone distance" means the distance in feet or meters within the state transportation right of way from the edge of the driving lane of a public way that is suggested to remain free of fixed objects that could serve to prevent the operator of a motor vehicle from acting to return the vehicle to safe operation on the way after unintentionally running off the driving lane. The distance will vary based upon the design speed of the way, the design average daily traffic volume, the geometry of the roadside, site specific physical conditions, crash history at the location, and the judgment of the professional highway designer.(ab) "Visible" means capable of being seen without visual aid by a person of normal visual acuity whether or not legible.(ac) "Zoned commercial or industrial area" means "zoned commercial or industrial area" as defined in RSA 236:70, VII.N.H. Admin. Code § Tra 601.03
#8005, eff 12-17-03; ss by #10033, eff 11-23-11