N.Y. Comp. Codes R. & Regs. tit. 17 § 150.12

Current through Register Vol. 46, No. 45, November 2, 2024

Section 150.12 - Maintenance of nonconforming signs

(a) General. The provisions of this section are intended to establish the criteria and requirements for the classification as a nonconforming sign for the purposes of the outdoor advertising control statutes and regulations promulgated thereunder. Four categories of nonconforming signs are affected by this section:

(1) nonconforming signs within 660 feet of the right-of-way on the interstate or primary system;

(2) nonconforming signs beyond 660 feet of the right-of-way outside of urban areas on the interstate and primary system;

(3) landmark signs, as established in section 150.11 of this Part; and

(4) grandfathered signs, as defined in section 150.1 of this Part.

When maintenance ceases in any of these categories, there will be a loss of nonconforming rights and removal will be required as a prohibited sign in accordance with subdivision 8 of section 88 of New York State Highway Law.

(b) Requirements for maintenance and continuance of nonconforming signs.

(1) The sign must have been actually in existence at the time the outdoor advertising control statutes or regulations promulgated thereunder became effective, as distinguished from a contemplated use such as a lease or agreement with the property owner.

(2) The property interest in the sign affected by the outdoor advertising control statutes or regulations promulgated thereunder must be substantial. Paper signs nailed to trees, abandoned signs and similar type signs are not protected as nonconforming signs.

(3) The right to continue a nonconforming sign shall not be confined to a sign owner or any one individual, firm, association or corporation so using the land. A nonconforming sign may be sold, leased, or the property interest therein otherwise transferred without affecting its status. The location of a nonconforming sign shall not be changed without such sign losing its status as a nonconforming sign. A nonconforming sign removed as a result of a right-of-way acquisition or for any other reason must be relocated in a conforming area, as a nonconforming use will not be permitted to be reestablished at a new location.

(4) The sign must have been lawfully erected on the effective date of the outdoor advertising control statutes or the regulations promulgated thereunder, and must continue to be lawfully maintained if such sign became nonconforming due to the provisions of the outdoor advertising control statutes. A sign which became nonconforming because of changed conditions must have been lawfully erected under State law as of the date of the changed conditions, and must continue to be lawfully maintained.

(5) A nonconforming sign may continue to exist as long as it is not changed. The nonconforming sign must remain substantially the same as it was in existence on the effective date of the outdoor advertising control statutes, or on the date that it became nonconforming due to changed conditions. Except for maintaining under these rules and regulations, any extension or enlargement of a sign is a change in existing use. Replacement, rebuilding or reerecting is a change in existing use, except that a sign may be rebuilt or reerected if it has been vandalized, or subjected to other criminal or tortious acts, providing such rebuilding or reerecting does not exceed 60 percent of the current fair market value, considering any accrued depreciation of such sign. If the replacement costs of such a sign exceed 60 percent of current fair market value, considering any accrued depreciation, such sign shall be considered to be the establishment of a new sign. The reasonable maintenance of a sign is not a change in existing use. This includes the change of advertising message and normal upkeep and repair of a sign structure. If the costs of customary maintenance and repairs exceed 15 percent of current fair market value, considering any accrued depreciation, of a sign, such activity will no longer be considered to be customary maintenance and repair and such sign will be considered to have been the establishment of a new sign and required to meet all applicable laws and regulations.

(6) No abandoned, destroyed or discontinued nonconforming sign that does not meet the requirements set forth in paragraphs (1)-(5) of this subdivision shall be permitted to continue to exist, and such sign shall be classified as an illegal sign and prohibited.

(i) An abandoned or discontinued sign is one:

(a) which has obsolete message content;

(b) which has been blank for a period of nine consecutive months, except if a sign was blank as of September 1, 1978, it shall not be considered abandoned or discontinued until June 1, 1979;

(c) where destruction of the sign has occurred and replacement costs exceed 60 percent of current fair market value, considering any accrued depreciation; or

(d) for which the permit has not been renewed in accordance with section 150.15 of this Part.

(7) A sign, even if blank, which is surrendered up to the State by the owner thereof for the purpose of acquisition by the State, and the State has accepted the offer of surrendering-up in writing to the owner thereof, shall not be considered abandoned or discontinued.

(8) Reasonable maintenance, repair and restoration of a nonconforming sign is permitted to enable such sign to remain in good condition. Good condition means a sign cannot be decayed, insecure, and must be in an upright position not in danger of falling or in otherwise safe condition.

N.Y. Comp. Codes R. & Regs. Tit. 17 § 150.12