Section Tra 601.11 - Non-conforming Advertising Devices(a) Non-conforming outdoor advertising devices lawfully erected shall be granted a permit or renewal permit unless:(1) Ordered removed pursuant to RSA 236:77 and these rules;(2) Substantially changed in a manner prohibited by these rules;(3) The non-conforming use has been abandoned for a period in excess of one year; or(4) The non-conforming device is destroyed by any means other than vandalism.(b) Non-conforming devices may be maintained at any time by:(1) Repainting or repair of the structure, trim, apron, base or sign face;(2) Change of advertising copy;(3) Replacement of damaged or deteriorated electrical or other components with like materials;(4) Alterations which result in a net decrease in the dimensions or square footage of the structure, or the advertising sign face; or(5) Permanent removal of electrical components, border, trim or apron.(c) A non-conforming device that has been substantially changed shall be deemed to have abandoned its non-conforming use, and shall not be granted a permit or renewal permit.(d) For purposes of (c) above, "substantial change" means the following types of alterations: (1) Enlargement of the dimensions of any structural component;(2) Enlargement of the dimensions or square footage of the face;(3) Increase in the overall height of the structure, or the face;(4) Addition of electrical components, borders, aprons or trim;(5) Replacement of damaged or deteriorated parts with other than like kind materials;(6) Re-enlargement or reinstallation of any feature once removed from a non-conforming sign and not replaced within a reasonable time, not to exceed 90 days;(7) Modification that changes the type of structure of a device, such as conversion of a wooden sign structure to a metal structure; or(8) Any other modification that serves to change the location, dimensions, illumination, or base materials of the device.(e) A non-conforming device shall be deemed to have abandoned its use if for a period in excess of one year: (1) An annual outdoor advertising permit is allowed to expire, and is not renewed;(2) The advertising matter on the device relates to a business that has ceased operations;(3) The device displays no advertising matter;(4) The device displays only a message that the device is available for sale, for rent, or for lease; or(5) The advertising matter on the device has been partially obliterated by the owner so as not to identify a particular product, service, or facility.(f) A non-conforming device shall not be removed and re-erected at the same location.(g) A non-conforming device shall not be relocated, except to a conforming location.(h) A non-conforming device that is destroyed shall not be re-erected. "Destroyed" means that 50 per cent or more of the device structure or advertising face is damaged or deteriorated to the point that standard practice in the industry would require replacement of such structural elements or advertising face materials.(i) A non-conforming device deemed destroyed, abandoned, or discontinued shall not lose eligibility for a permit if the commissioner finds that:(1) The device was destroyed as a result of vandalism or other criminal or wrongful act; or(2) Abandonment or discontinuance of the device was the result of a closure of the highway in front of the sign for repair.N.H. Admin. Code § Tra 601.11
#8005, eff 12-17-03; ss by #10033, eff 11-23-11