Types of Qualifying Services:
Services are limited to Gas, Food, Lodging, Camping, Recreation Services and Tourist Services. To qualify, services shall be open to all persons regardless of race, culture, color, gender, social origin or condition or political or religious ideas.
A business establishment, meeting the following criteria, may be considered for placement of a business sign on a tourist-oriented directional sign:
1. Gas, food, lodging & camping services must:
- Be licensed and approved by the state and local agencies regulating the particular type of business
- Provide an acceptable level of service to the public
- Be in continuous operation at least 8 hours a day, 5 days a week, including Saturday or Sunday
- Have public telephone and restroom facilities available
- Be licensed and approved by state and local agencies as required by law
- Provide to families and the public activities of interest in which people participate for purposes of physical exercise, collective amusement or enjoyment of nature. Such activities may include hiking, golfing, skiing, boating, swimming, picnicking, fishing, and horseback riding.
- Be licensed as required by law
- Open at least 8 hours a day, 5 days a week, including Saturday or Sunday, during the normal tourist season
- Provide tourists with a natural, recreational, historical, cultural, educational or entertainment activity or a unique or unusual commercial or nonprofit activity from which the major portion of income is derived during normal business seasons from motorists not residing in the immediate area of the activity
4. Non “All-Service” Agreements:
If available spaces for any of the above service categories are not fully utilized by the businesses strictly meeting the corresponding criteria, the Lessor may, in accordance with the discretion of the MDOT, permit other businesses in the same service category meeting the majority of the criteria to utilize the otherwise unused spaces. Such Lessee's right to utilize the space shall be reevaluated on an annual basis. Should the demand by businesses fully meeting the criteria increase, those businesses strictly meeting all of the criteria shall be given priority when considering annual renewal contracts.
B. Other Requirements
- Tourist-oriented directional signs may only be erected within a rural area
- Except as provided by stopping-distance rules, a tourist-oriented directional sign may not be erected if the place of business is readily visible from the main-traveled roadway
- Tourist-oriented directional signs will not be allowed if the business has other visible off right-of-way directional or on-premises identification signs or activities at or near the intersection or maintain existing non-conforming off-premises road signs.
- Section 60-5-522(3), MCA: No business that owns any outdoor advertising structure in violation of the provisions of Title 75, chapter 15, part 1, MCA (Outdoor Advertising Act) may be eligible for business identification on a tourist-oriented directional sign for 1 year after the illegal outdoor advertising structure is removed unless theowner voluntarily removes it within 45 days of receiving notification under 75-15-131
C. Distance to Services and Facilities
The maximum distance that eligible services can be located from the midpoint of the intersection to qualify for a business sign may not exceed 5 miles in either direction, except tha within the 5-mile limit, services of the type being considered are not available, the limit eligibility may be extended with MDOT approval.
