Outdoor advertisements only allowed on property primarily used and zoned for commercial activity.

The Department of Transportation correctly denied Petitioner’s application for an outdoor advertising permit.  The outdoor advertisement would have shared the property with a residential apartment complex.  While the property may have been zoned for commercial activity, the apartment complex had been grandfathered in.  Permits may only be issued for property which is both zoned and used for commercial purposes.  Because the primary use of the property was residential and not commercial, denial of the permit was appropriate.