As used in this part:

1. (1) “Agreement” means the agreement between the State Highway Commission and the United States Secretary of Transportation executed on January 24, 1972, pursuant to Article I of the Arkansas Highway Beautification Act, Acts 1967, No. 640, of the General Assembly, which agreement established standards and criteria for size, lighting, and spacing of signs permitted in zoned or unzoned commercial and industrial areas within six hundred sixty feet (660’) of interstate or primary highways in Arkansas*, and which defined unzoned and commercial and industrial areas;

2. (2)

   1. (A) “Comprehensive zoning” means a zoning plan established by state or local law, rule, or ordinance, which includes rules consistent with customary use and the provisions of the agreement controlling the erection and maintenance of signs in the zoned areas.
   2. (B) Except that, any area determined by the Arkansas Department of Transportation to be included in the area of such a zoning plan solely for the purpose of allowing outdoor advertising does not come within this definition;
3. (3) “Conforming outdoor advertising device” means a device which is in conformity with the requirements of the Arkansas Highway Beautification Act, Acts 1967, No. 640;

4. (4) “Customary maintenance or repair”. The following activities are considered to fall within the meaning of customary maintenance or repair and copy change:

   1. (A)

      1. (i) The routine replacing of border and trim as well as repair of structural members and replacing of structural members destroyed by an outside force other than normal deterioration.
      2. (ii) Re-erection of a device rendered unfunctional within the definition of “device” herein is specifically prohibited as customary maintenance except as provided in 27 CAR § 130-103(c).
      3. (iii) The raising or lowering of the height of a sign structure as a result of any repair is specifically prohibited;
   2. (B) Slight temporary alterations of some of the outside dimensions of painted bulletin boards incidental to copy change, which do not substantially increase the overall dimensions of the advertising copy portion of the device;

   3. (C)

      1. (i) Any net decrease in the outside dimensions of the advertising copy portion of the device will be permitted.
      2. (ii) Any subsequent change in the outside dimensions of the panel will be permitted so long as it does not exceed the actual dimensions the state and owner’s records indicate existed when the device was permitted.
      3. (iii) In no case, however, will legal size limitations be exceeded; and
   4. (D) The placing of nighttime illumination on existing sign structures is specifically prohibited as customary maintenance, except in such cases where the sign owner will sign a waiver of any future compensation as applies to illumination, however, such illumination may be permanently removed from such sign structure;
5. (5) “Erect” means to construct, build, raise, assemble, place, affix, attach, create, paint, draw, or in any other way bring into being or establish a device or sign or sign structure as defined by the agreement but excluding customary maintenance or repair and the activities incidental to the change of advertising messages on established devices or sign structures;
6. (6) “Illegal outdoor advertising device” means a device erected and/or maintained in violation of the law;
7. (7) “Manual” means the pamphlet published by the State Highway Commission setting out and exemplifying the requirements of the agreement entitled Regulations for Control of Outdoor Advertising, authorized by Commission Minute Order 72-6, dated January 26, 1972;
8. (8) “National standards” means those standards promulgated by the United States Secretary of Transportation and published in 23 C.F.R. 21 setting standards for regulation of state of directional and other official signs adjacent to the National System of Interstate and Defense Highways;
9. (9) “Nonconforming outdoor advertising device” means a device which does not conform to the requirements of the Arkansas Highway Beautification Act, Acts 1967, No. 640;
10. (10) “Outdoor advertising device” means any outdoor sign, display, figures, painting, drawing, message, plaque, poster, billboard, or other thing, hereinafter referred to as “device”, which is designated, intended, or used to advertise, any part of the advertising of which is visible from any place on the main traveled way of the interstate or primary highways;
11. (11) “Sign” means an outdoor display, device, figure, painting, drawing, message, placard, poster, billboard, or other thing which is designated, intended, or used to advertise or inform, any part of the advertising or informative contents of which is visible from any place on the main traveled way of the interstate or federal-aid primary highway; and

12. (12)

    1. (A) “Tri-Vision sign” means a single-faced sign having a series of three-sided, vertical slats arranged side by side which are rotated in the same direction, simultaneously, by an electric-mechanical process displaying a total of three (3) separate and distinct messages, one (1) message at a time.

    2. (B) Tri-Vision signs are approved by permit prior to installation and are subject to the following:

       1. (i) The slat twirl time shall be two (2) seconds or less;
       2. (ii) The slat dwell time shall be eight (8) seconds or more;
       3. (iii) Tri-Vision signs shall contain a default design that will freeze the sign in one (1) position if a malfunction occurs; and
       4. (iv) Tri-Vision signs shall comply with all other requirements of federal and state highway beautification laws, rules, and regulations.