Section 290-RICR-30-00-1.9 - Maintenance of Legal Non-Conforming SignsA. Customary Maintenance - Legal non-conforming signs must remain substantially the same as they were on the date they became nonconforming. Reasonable repair and maintenance are permitted. Changes to the physical structure on the sign, other than a change of message, must be accomplished in accordance with these Rules and Regulations. These requirements include: 1. No change in the size of the legal non-conforming sign or the advertising panel.2. No change in the type of existing structure, including but not limited to a legal non-conforming sign with wooden posts to a monopole.3. No addition of lighting, either attached or unattached.4. No repairs exceeding twenty-five percent (25%) of the replacement cost of the legal non-conforming sign structure subject to these Rules and Regulations.B. The permission to maintain any legal non-conforming sign shall be terminated by:1. Abandonment of the sign: A legal non-conforming sign shall be deemed to be abandoned if, for a period of ninety (90) calendar days, it ceased to display advertising content or displays obsolete or obliterated advertising content or for which no rent has been paid to the owner for a six (6) month period or more. Obsolete or obliterated advertising content is advertising matter that does not identify a particular product, service or facility that is currently available to the motorist. If for a period of ninety (90) calendar days, an "available for lease" or similar message that concerns the availability of the sign itself, and which does not constitute advertising matter, is left in place, the legal non-conforming sign may be considered abandoned.2. Increase of any dimension of the legal non-conforming sign from its original dimensions (i.e., height, width, length) in existence at the time the applicable Federal and State laws or regulations became effective.3. Change of any aspect or character or the increase of the lumens of the lighting or the replacement of the legal non-conforming sign.4. Performing maintenance of legal non-conforming signs from within the right-of-way of access-controlled state-ways without the written permission of the Director of the Department of Transportation.5. Damage to the legal non-conforming sign from any cause whatsoever, except by willful acts, where the cost of repairing the damage exceeds twenty-five percent (25%) of the replacement cost of such legal non-conforming sign structure and/or where the legal non-conforming sign is at a minimum, twenty-five percent (25%) destroyed on the date of damage will not be replaced. Any legal non-conforming sign structure damaged by criminal or deliberate acts may be replaced upon a showing of the legal non-conforming sign owner that the legal non-conforming sign was so destroyed and upon prior written approval from the Director of the Department of Transportation.6. Deterioration of the legal non-conforming sign where the cost of repairing or maintaining the legal non-conforming sign structure exceeds twenty-five percent (25%) of the replacement cost of such legal non conforming sign on the date that the Department determines that the legal non-conforming sign is obsolete.7. A legal non-conforming sign may be relocated to a legal conforming location with the prior approval of the Department.C. Standards for Normal Maintenance and Minor Repairs 1. Normal maintenance shall include change of message, normal upkeep, and minor repairs.2. Minor repairs, once determined by the Department that the cost will not exceed twenty-five percent (25%) of the replacement cost of the legal non-conforming sign shall be completed so as to result in the legal non-conforming sign being in satisfactory condition in the sole judgment of the Department. These repairs must be completed within ninety (90) calendar days from the date of notification the legal non-conforming sign owner to repair, or the legal non- conforming sign or billboard structure will be removed as an illegal sign.290 R.I. Code R. 290-RICR-30-00-1.9
Amended effective 11/28/2018