Current through Register No. 40, October 3, 2024
(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.
#8005, eff 12-17-03; ss by #10033, eff
11-23-11
