Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part III - Outdoor Advertising › Chapter 1 - Outdoor Advertising › Subchapter C - Regulations for Control of Outdoor Advertising › Section III-137 - Nonconforming Signs

Current through Register Vol. 50, No. 6, June 20, 2024
A. In addition
				  to all other laws, regulations and rules, the following conditions and
				  requirements apply to continue and maintain a nonconforming sign.
1. The sign must remain substantially the
				  same as it existed on the effective date of the state law, regulation, rule or
				  local ordinance which caused said sign to be nonconforming.
2. Reasonable repair and maintenance of the
				  sign includes a change of advertising message, repainting of the structure,
				  sign face, or trim, and replacing electrical components after failure.
				  Reasonable maintenance also includes replacement of stringers, platforms and
				  worker supports. The type of sign face may not be changed, except that a wood
				  or steel face may be wrapped with a vinyl wrap containing the message or the
				  face may be replaced with a panel free frame for hurricane protection. Lighting
				  cannot be added to the sign structure or placed on the ground with the
				  intention of illuminating a previously unilluminated nonconforming sign.
				  Replacement of 50 percent or more of the upright supports is prohibited. (See
				  definitions of "Destroyed Sign" in §127).
3. A substantial change in the subject sign
				  which will terminate the status of legal but nonconforming usage occurs when:
a. there has been an addition of 25 percent
				  or more of the square footage of the sign (excluding trim);
b. there has been a any change in the
				  material composition of the sign super-structure or sign facing. The cost of
				  which exceeds the cost of replacement or repair of the original materials.
				  other than reasonable maintenance as defined in Section 137.2 (wooden poles
				  must be replaced by wooden poles. I-beams, pipe or other metal poles must be
				  replaced or repaired with the same materials.)
4. When and if nonconforming use rights in
				  and to a sign structure are acquired by the Louisiana Department of
				  Transportation and Development through the exercise of eminent domain, just
				  compensation will be based upon the original size and material of the sign when
				  it became a nonconforming structure and not upon any enlarged size, improvement
				  or betterment to the sign.
5. When
				  any sign which loses its nonconforming use status by reason of any substantial
				  change, including those changes prohibited above, the subject sign will be
				  considered a new advertising device and subject to all current regulations and
				  prohibitions as of the time of the change.
6. Destruction. Nonconforming signs are
				  considered destroyed when 50 percent or more of the upright supports of a sign
				  structure are physically damaged such that normal repair practices would call
				  for:
a. in the case of wooden sign structures,
				  replacement of the broken supports; or
b. in case of metal sign structures,
				  replacement of at least thirty percent of the length above ground of each
				  broken, bent or twisted support; or
c. any signs so damaged by intentional,
				  criminal conduct may be re-erected within 180 days from the date of destruction
				  to retain nonconforming status; however such re-erection must occur at the
				  identical location and the size, lighting and spacing must be identical to the
				  prior circumstances;
d.
				  nonconforming signs cannot be modified or repaired unless the requirements of
				  this Section are met. Prior to repair or modification, authorized district
				  personnel must review the damages and approve the repairs. If the sign is
				  repaired prior to approval by the department's authorized personnel, the sign
				  shall become illegal and the permit shall be revoked. The request and
				  documentation of what is to be repaired must be made to the outdoor advertising
				  program manager by certified mail. The department shall respond to the request
				  within 14 business days of receipt of the certified letter. The department's
				  failure to respond within 14 business days of receiving the repair request will
				  allow the owner to repair the sign without the department's approval.
8. Abandonment
a. If an existing, nonconforming sign ceases
				  to display a bona fide advertising message for a period of 12 months or more,
				  then, the sign shall be considered abandoned and its nonconforming use rights
				  are thereby terminated.
b. The said
				  12 month period may be interrupted for the period of time during which the
				  controlled highway relative to such sign is closed for repairs adjacent to said
				  sign or the sign owner is able to demonstrate that the sign has been the
				  subject of an administrative or legal proceeding preventing the owner from
				  displaying copy.