Current through all regulations passed and filed through September 16, 2024
(A) A sign owner of a nonconforming
advertising device must apply for and receive a permit for each nonconforming
sign face pursuant to section
5516.10 of the Revised Code and
rule 5501:2-2-05 of the
Administrative Code. A nonconforming advertising device may be sold, leased, or
otherwise transferred without affecting its status, but its location may not be
changed. Any transfer of a permit for a sign face on a nonconforming
advertising device shall follow the procedures for transfer of a permit under
rule 5501:2-2-05 of the
Administrative Code.
(B) A
nonconforming advertising device, including its structure, may receive normal
maintenance and repair. The following is considered normal maintenance and
repair:
(1) The in kind replacement of a wood
or metal component with a like component.
(2) The painting of supports and
frames.
(3) The replacement of torn
or destroyed sign face panels with in kind replacements.
(4) The changing of advertising
copy.
(C) A
nonconforming advertising device, including its structure, must remain
substantially the same as it was on the effective date of state law. A
nonconforming device may continue to exist with normal maintenance and repair
as long as it is not discontinued or abandoned. The following are considered to
be substantial changes in a nonconforming advertising device and are not
permitted:
(1) Extension or enlargement of
the advertising device or sign face.
(2) Replacement, rebuilding, or re-erection
of the nonconforming advertising device. An exception may be made for in kind
rebuilding or of nonconforming advertising devices which have been damaged by
acts of God, vandalism, or other criminal or torturous acts, upon satisfactory
evidence submitted to ODOT.
(3) A
change in the structural support which would result in increased economic life
such as replacement of wood posts with steel posts or the replacement of a wood
frame with a steel frame.
(4) The
addition of lights to help illuminate an advertising device structure or sign
face which previously had no lighting for illumination.
(5) Changing the nonconforming advertising
device or sign face to a variable or multiple message sign face.
(D) Abandoned, discontinued or
damaged nonconforming advertising devices
(1)
When a nonconforming advertising device is damaged by more than seventy per
cent of its replacement value immediately prior to the damaging incident, the
device will be considered destroyed. This does not apply to advertising devices
damaged by vandalism, other criminal or torturous acts or weather-related
causes, upon satisfactory evidence submitted to ODOT.
(2) An advertising device which has
depreciation of more than seventy per cent of its replacement value due to lack
of maintenance is considered to be abandoned or discontinued.
(3) An advertising device which ceases to
display advertising copy longer than one year is considered to be abandoned or
discontinued.
(4) A sign face whose
message had been partially obliterated by the owner is considered to be abandoned or discontinued
after expiration of one year.
(5)
The re-erection of any non-conforming advertising
device that is abandoned, discontinued, or appropriated requires the submission
and approval of a new application for each sign face.
