La. Admin. Code tit. 70 § III-137

Current through Register Vol. 50, No. 11, November 20, 2024

Section III-137 - Nonconforming Signs

A. In addition to all other laws, regulations and rules, the following conditions and requirements apply to continue and maintain a nonconforming sign.

1. The sign must remain substantially the same as it existed on the effective date of the state law, regulation, rule or local ordinance which caused said sign to be nonconforming.

2. Reasonable repair and maintenance of the sign includes a change of advertising message, repainting of the structure, sign face, or trim, and replacing electrical components after failure. Reasonable maintenance also includes replacement of stringers, platforms and worker supports. The type of sign face may not be changed, except that a wood or steel face may be wrapped with a vinyl wrap containing the message or the face may be replaced with a panel free frame for hurricane protection. Lighting cannot be added to the sign structure or placed on the ground with the intention of illuminating a previously unilluminated nonconforming sign. Replacement of 50 percent or more of the upright supports is prohibited. (See definitions of "Destroyed Sign" in §127).

3. A substantial change in the subject sign which will terminate the status of legal but nonconforming usage occurs when:

a. there has been an addition of 25 percent or more of the square footage of the sign (excluding trim);

b. there has been a any change in the material composition of the sign super-structure or sign facing. The cost of which exceeds the cost of replacement or repair of the original materials. other than reasonable maintenance as defined in Section 137.2 (wooden poles must be replaced by wooden poles. I-beams, pipe or other metal poles must be replaced or repaired with the same materials.)

4. When and if nonconforming use rights in and to a sign structure are acquired by the Louisiana Department of Transportation and Development through the exercise of eminent domain, just compensation will be based upon the original size and material of the sign when it became a nonconforming structure and not upon any enlarged size, improvement or betterment to the sign.

5. When any sign which loses its nonconforming use status by reason of any substantial change, including those changes prohibited above, the subject sign will be considered a new advertising device and subject to all current regulations and prohibitions as of the time of the change.

6. Destruction. Nonconforming signs are considered destroyed when 50 percent or more of the upright supports of a sign structure are physically damaged such that normal repair practices would call for:

a. in the case of wooden sign structures, replacement of the broken supports; or

b. in case of metal sign structures, replacement of at least thirty percent of the length above ground of each broken, bent or twisted support; or

c. any signs so damaged by intentional, criminal conduct may be re-erected within 180 days from the date of destruction to retain nonconforming status; however such re-erection must occur at the identical location and the size, lighting and spacing must be identical to the prior circumstances;

d. nonconforming signs cannot be modified or repaired unless the requirements of this Section are met. Prior to repair or modification, authorized district personnel must review the damages and approve the repairs. If the sign is repaired prior to approval by the department's authorized personnel, the sign shall become illegal and the permit shall be revoked. The request and documentation of what is to be repaired must be made to the outdoor advertising program manager by certified mail. The department shall respond to the request within 14 business days of receipt of the certified letter. The department's failure to respond within 14 business days of receiving the repair request will allow the owner to repair the sign without the department's approval.

8. Abandonment

a. If an existing, nonconforming sign ceases to display a bona fide advertising message for a period of 12 months or more, then, the sign shall be considered abandoned and its nonconforming use rights are thereby terminated.

b. The said 12 month period may be interrupted for the period of time during which the controlled highway relative to such sign is closed for repairs adjacent to said sign or the sign owner is able to demonstrate that the sign has been the subject of an administrative or legal proceeding preventing the owner from displaying copy.

La. Admin. Code tit. 70, § III-137

Promulgated by the Department of Transportation and Development, Office of Highways, LR 2:188 (June 1976), amended by the Department of Transportation and Development, Office of Highways/Engineering, LR 29:2855 (December 2003), LR 37:917 (March 2011).

AUTHORITY NOTE: Promulgated in accordance with R.S. 48:461 et seq.