Section 5501:2-6-04 - Program eligibility(A) Only those businesses located in Ohio that provide gas, food, lodging, camping or attraction, are open to the general motoring public, are not operated on a "reservation only," "membership only," or "appointment only" basis, and meet the following additional criteria may be considered for the business logo sign program:(1) To qualify for a gas logo sign panel, a business shall:(a) Be located within five miles driving distance of the nearest ramp terminus.(b) Provide vehicle services to include gas, and/or alternative fuel, oil and water.(c) Be operated continuously for at least sixteen hours a day, seven days a week, all weeks of the year.(d) Have modern sanitary facilities and drinking water.(2) To qualify for a food logo sign panel, a business shall: (a) Be located within five miles driving distance of the nearest ramp terminus.(b) Have all required licensing or approval.(c) Be operated continuously to serve food for a minimum of seven hours per day at least six days per week.(d) Provide modern sanitary facilities unless the business operates as a drive-thru, take-out, or carry-out only.(3) To qualify for a lodging logo sign panel, a business shall: (a) Be located within five miles driving distance of the nearest ramp terminus.(b) Have all required licensing or approval.(c) Provide adequate sleeping accommodations.(d) Provide modern sanitary facilities.(4) To qualify for a camping logo sign panel, a business shall:(a) Be located within fifteen miles driving distance of the nearest ramp terminus.(b) Have all required licensing or approval.(c) Provide adequate parking accommodations.(d) Provide modern sanitary facilities and drinking water.(5) To qualify for an attraction logo sign panel, a business shall: (a) Be located within five miles driving distance of the nearest ramp terminus for an attraction located in an urban area or within fifteen miles driving distance of the nearest ramp terminus for an attraction located in rural areas.(b) Have as its primary purpose the provision of amusement, historical, cultural, or leisure activities for the public.(c) Have regional significance.(d) Provide adequate parking accommodations.(e) If a convention center, have the overall meeting room capacity to accommodate at least one-thousand persons.(f) If a shopping center, have a minimum of four hundred thousand square feet of gross usable floor space under roof.(6) To qualify for an electric vehicle (EV) charging logo sign panel, a business shall: (a) Meet the criteria for direct current fast chargers (DCFC) provided in 23 CFR 680.106 as amended.(b) Be in continuous operation at least sixteen hours per day, seven days a week.(7) A supplemental message indicating that a gas, food, lodging, camping, or attraction business offers EV charging may be added to the sign panel as long as the business: (a) Offers EV charging to the general public without purchasing the primary service (gas, food, lodging, camping, or attraction); and(b) For service categories of gas, food, and attraction, provides EV chargers meeting the criteria for DCFCs provided in 23 CFR 680.106 as amended; or(c) For the service categories of camping and lodging, provides EV chargers meeting the criteria for DCFCs provided in 23 CFR 680.106 as amended and/or AC level 2 charging.(B) Only those tourist-oriented activities located in Ohio that meet the following criteria may be considered for the tourist-oriented directional signing program: (1) Be open to the general motoring public, and not operated on a "reservation only", "membership only", or "appointment only" basis, throughout the normal business season for that particular type of tourist-oriented activity.(2) Is not eligible at that intersection for inclusion in the business logo sign program established under section 4511.101 of the Revised Code.(3) Is located within ten miles of the highway for which signing is sought.(4) If the tourist-oriented activity offers food the following additional criteria apply: (a) Not be a franchise or part of a national chain.(b) Be of historical significance or offer a menu or foods concentrated on, and representative of, a specific cultural or ethnic population that has a significant presence in, and is uniquely identified with, the region in which the activity is located.(c) Serve at least two meals per day.(d) Have all required licensing or approval.(5) If the tourist-oriented activity offers lodging the following additional criteria apply: Have all required licensing or approval.
(6) If the tourist-oriented activity offers camping the following additional criteria apply: (a) Have all required licensing or approval.(b) Provide adequate parking accommodations.(c) Provide sanitary facilities and drinking water.(C) Only those businesses located in Ohio that are open to the general motoring public, are not operated on a "reservation only," "membership only," or "appointment only" basis, and meet the additional criteria found in the department traffic engineering manual may be considered for the traffic generator sign program.(D) Those wishing to participate in any of the department's signing programs shall apply for the program on a form provided by the department or its contracted program manager. If the application is complete and all criteria met, the applicant will be notified of such acceptance in writing. Upon receipt of the notice the applicant shall forward to the department or the program manager the applicable fee and execute an agreement with the department or the program manager.(E) An agreement executed under paragraph (D) of this rule is valid until the business, attraction, or activity ceases to operate, is canceled at the request of the business, attraction, or activity or for failure to comply with the applicable rules and statute.(F) Before participating in any signing program, any existing illegal signs pertaining to that business, attraction or activity shall be removed.(G) If a business, attraction, or activity for which a sign is in place is sold, the new owner(s) shall complete a program application. If the business, attraction, or activity continues to meet all criteria the existing sign may remain in place, or a new sign may be installed if the name, logo, or symbol changes.(H) An attraction that would otherwise be eligible to participate in the business logo sign program at a particular interchange shall not have their logo displayed at that interchange if state provided directional signs for that attraction are in place at that interchange. Attractions wishing to participate in the business logo sign program or tourist-oriented directional sign program at a particular interchange may request removal of state provided directional signs for that attraction.(I) The director may make any reasonable variances as to the listed eligibility criteria.(J) If any business, attraction, or activity for which a sign is in place withdraws from the program, the sign shall be removed, and any prepaid fees may be refunded on a prorated basis. Upon request, the sign shall be given to the business, attraction, or activity.(K) The director, when having reasonable cause to believe that a business, attraction, or activity for which an agreement is in effect has ceased to be such a business, attraction, or activity, shall immediately and without conducting an adjudication, issue an order canceling the agreement and forward notice of the cancellation in writing to the operator of the business, attraction, or activity together with information that the cancellation may be appealed in accordance with Chapter 119. of the Revised Code. If no appeal is entered within the time period specified in that section, or if an appeal is entered but cancellation of the agreement is subsequently affirmed, the director shall order the removal of the signs relating to said business, attraction, or activity.(L) If there is reasonable belief by the director or the contracted program manager that any business, attraction, or activity is non-compliant with any eligibility requirements of the sign program, the business, attraction, or activity shall be notified in writing of the alleged non-compliance and have twenty-one days from the date the notice is sent to get into compliance. Any business, attraction, or activity that remains in noncompliance after twenty-one days will then be notified by the director, in writing, that the agreement is being canceled. The notice shall notify the business, attraction, or activity that the cancellation may be appealed in accordance with Chapter 119. of the Revised Code. If no appeal is entered within the time period specified in that section, or if an appeal is entered but cancellation of the agreement is subsequently affirmed, the director shall order the removal of the signs relating to said business, attraction, or activity.Ohio Admin. Code 5501:2-6-04
Effective: 3/24/2024
Five Year Review (FYR) Dates: 1/3/2024 and 03/14/2029
Promulgated Under: 119.03
Statutory Authority: 4511.101, 4511.103
Rule Amplifies: 4511.101, 4511.102, 4511.104
Prior Effective Dates: 09/15/1991, 03/14/1996, 10/06/1997, 08/03/2001, 07/12/2004, 07/22/2005, 11/01/2007, 01/11/2013, 04/23/2018, 12/20/2020, 04/13/2023