Section 2: Continuance of Nonconforming Signs
Anchor: #i1003903Overview
In order for a nonconforming sign structure to be maintained and continued the sign structure must:
- have existed at the time the conditions changed to make the sign nonconforming;
- have been lawful on the date it became subject to control by TxDOT; and
- remain substantially the same as it was on the date it became subject to TxDOT 's control;
The permit holder's sign:
- may not be relocated even if the sign is sold, leased, or otherwise transferred, without affecting its status, unless the relocation is a result of a ROW acquisition requiring relocation to a conforming area;
- may not be destroyed, abandoned, or discontinued; and
- may not be removed for any reason, including repair.
Normal or Reasonable Repair and Maintenance
The following are considered to be normal or reasonable maintenance activities that do not need a new permit:
- replacement of nuts and bolts; nailing, riveting or welding; cleaning and painting; and manipulation to level or plumb the sign structure;
- replacement of parts, as long as the basic design or structure of the sign is not altered and materials of the same type are used;
- replacement of poles, as long as no more than one-half of the poles are replaced in any 12-month period and the poles are replaced with the same type of materials as the original poles; and
- changing the advertising message, including changing the sign face, as long as similar materials are used to replace the sign face.
Substantial Change
Substantial changes that require a new permit are:
- adding lights to an unilluminated sign or adding more intense lighting to an illuminated sign whether or not the lights are attached to the sign structure;
- changing the size of the sign beyond what is allowed (see Sign Standards - Size);
- changing the number of poles in the sign structure, unless the number of poles in a multiple pole structure is reduced to accommodate a reduction in the size of the original sign (provided that the original sign is not removed and replaced with another sign);
- changing the materials used in the construction of the sign, such as replacing wooden materials with metal materials;
- adding faces or changing the sign configuration, such as changing from a "V" configuration to a stacked configuration, or from a "V" configuration to a back-to-back configuration;
- increasing the height of the sign from the height designated on the original permit;
- moving the sign structure or sign face in any way unless the movement is made in accordance with TxDOT 's relocation provisions, as a result of a transportation project;
- replacing more than one-half of the poles in a multiple pole sign structure in any 12-month period; or
- making repairs that exceed 60% of the cost to erect a new sign of the same type at the same location.
A new permit will not be issued for a nonconforming sign.
Anchor: #i1004042Damage
In the event a sign is partially destroyed by wind or other natural forces, including tornadoes, hurricanes, or other occurrences outside the control of the permit holder, TxDOT will determine whether the sign can be repaired without a new permit.
TxDOT may require the permit holder to submit an estimate of the proposed work, including an itemized list of materials to be used and the manner in which the work will be done. TxDOT may allow the sign to be repaired without issuing a new permit if TxDOT determines that the repairs would constitute normal or reasonable repair and maintenance, if the damage to the sign is not substantial.
TxDOT will cancel the existing permit if it determines the damage to the sign is substantial.
After the permit is canceled, the remaining sign structure must be dismantled and removed without cost to TxDOT , unless a new permit for the location can be issued. TxDOT will not issue a new permit to repair or rebuild the sign if the sign location is nonconforming.
If a decision to cancel a permit is appealed, the sign may not be repaired during the appeal process.
The damage will be considered substantial if:
- the cost to repair the sign would exceed 60% of the cost to replace it with a sign of the same basic construction at the same location; or
- the repairs would not constitute normal or reasonable repair and maintenance, as described above.
Abandonment
TxDOT may consider a sign abandoned and cancel the permit or refuse to renew the permit if:
- a sign structure is without advertising matter or displays obsolete advertising matter for a period of 365 continuous days; or
- the sign has fallen into disrepair or become overgrown by trees or other vegetation; or
- the permit renewal fees have not been paid.
Small temporary signs such as garage sale signs or campaign signs attached to the structure do not constitute advertising matter.
The payment of property taxes or retention of the sign as a balance sheet asset will not be considered in determining whether the sign permit should be canceled.
An abandoned sign in a nonconforming sign location may not be re-permitted. If the location of the abandoned sign is conforming, a new permit may be issued to anyone who submits an application meeting requirements.
Anchor: #i1004129Removal
Actions constituting removal include, but are not limited to:
- Removal of the structure, regardless of whether it was removed by someone other than the permit holder. This includes removal of the structure for repairs. Repairs must be conducted at the sign site. The face may be temporarily removed for repainting.
- Removal of the structure when it is replaced with a different structure.
- Removal of the structure when it is moved to another location.