Tenn. Comp. R. & Regs. 1680-06-03-.05

Current through December 10, 2024

Section 1680-06-03-.05 - CONTROL OF NONCONFORMING OUTDOOR ADVERTISING DEVICES

(1) Those outdoor advertising devices legally in existence on April 4, 1972, shall be entitled to remain in place and in use until compensation for removal has been made.

(2) Nonconforming devices as defined in Rule 1680-06-03-.02 may remain in place, subject to restrictions set forth herein, until such time as they may be purchased.

(3) Restrictions on nonconforming devices are as follows:

(a) Maintenance beyond customary maintenance will not be allowed. Customary maintenance is defined in Rule 1680-06-03-.02. Customary maintenance may include, but shall not exceed, the replacement of the sign face and stringers in like materials, and the replacement in like materials of up to fifty percent (50%) of the device's poles, posts, or other support structures; provided, that the replacement of any poles, posts, or other support structures is limited to one (1) time within a twenty-four-month period.

(b) Under no circumstances may the location be changed.

(c) Extension or changing height above ground level or enlargement of the sign face will not be allowed.

(d) Lighting cannot be added to an unilluminated sign.

(e) Reflective material cannot be added to a non-reflective sign.

(4) A lawfully permitted nonconforming device that has been destroyed or damaged beyond what may be repaired through customary maintenance may be rebuilt or repaired beyond customary maintenance only if all of the following conditions are satisfied:

(a) The destruction of or damage to the device must have been caused by vandalism or some other criminal or tortious acts, excluding any negligent or intentional acts of the permit holder or any party acting by permission of, with the knowledge of, or in concert with the permit holder and/or sign owner.

(b) No device may be rebuilt and/or repaired without the prior written approval of the Department.

(c) The current holder of the permit or sign owner, if different, must submit a written request for approval to the Department's Outdoor Advertising Office, which written request must provide, at a minimum:

1. Proof of the date and cause of the destruction of and/or damage to the device, including a copy of the police report made with respect to the vandalism or other criminal or tortious act causing such destruction or damage; and

2. A general description of the manner in which it is proposed to rebuild and/or repair the device.

(d) No post, pole or other support structure, or any component of the device other than the sign face or stringers, will be approved for replacement or repair without proof that such post, pole, support structure, or other component of the device was destroyed or damaged by an act of vandalism or some other criminal or tortious act. The replacement or repair of destroyed components of the device under this subparagraph is separate and distinct from, and does not operate as limitation of, the provision for customary maintenance of such devices.

(e) The device must be rebuilt and/or repaired in such manner that it replicates the original device, including specifically as follows:

1. The rebuilt and/or repaired device must remain or be rebuilt in the exact same location as the original device; and

2. The rebuilt and/or repaired device must have the same height, size, and dimensions as the original device; and

3. Each post, pole, other support structure, or other component of the device, including the sign face and stringers, must be rebuilt and/or repaired with materials that replicate the materials used to construct that same component in the original device (e.g., wood for wood, steel for steel, etc.); and

4. No component may be added to the rebuilt device that was not permitted under the original device, including no lighting if the original sign was not illuminated, no reflective material if the original sign was not reflectorized, and no changeable message technology on the sign face if not included on the original sign.

(f) The rebuilding and/or repair of the device must be completed within twelve (12) months after the date on which the original device was destroyed and/or damaged or the device will be treated as an abandoned outdoor advertising device. Permittee must contact the Department's Outdoor Advertising Office for field inspection once rebuilding or repair has been completed.

(5) Except as provided in paragraph (4) of this rule above, any previously permitted nonconforming device that is destroyed by natural disaster, natural attrition, or any other cause whatsoever shall not continue to be permitted under this Chapter.

(6) See illustrations at Rule 1680-06-03-.09, Appendix, for further descriptions of damaged nonconforming devices that are qualified for customary maintenance and destroyed nonconforming devices that are subject to removal.

Tenn. Comp. R. & Regs. 1680-06-03-.05

Transfer from chapter 1680-02-03 and amendments filed February 14, 2024; effective 5/14/2024.

Authority: T.C.A. §§ 54-21-102, 54-21-111, and 54-21-120.