19a ncac 02E .0225      REPAIR/MAINTENANCE/ALTERATION OF SIGNS

(a)  Signs may not be serviced from or across the right of way of freeways or from or across controlled access barriers or fences of controlled routes.

(b)  Conforming signs may be altered within the limits of the rules in this Section.

(1)           A conforming sign that has been destroyed or significantly damaged may be reconstructed within the limits of the rules in this Section by notifying the district engineer in writing of any substantial changes that would affect the original dimensions of the initial permit application.

(2)           Conforming sign structures may be reconstructed so long as the reconstruction does not conflict with any applicable state, federal or local rules, regulations or ordinances.

(c)  Alteration to a nonconforming sign or sign conforming by virtue of the grandfather clause is prohibited.  Reasonable repair and maintenance are permitted including changing the advertising message or copy.  The following activities are considered to be reasonable repair and maintenance:

(1)           Change of advertising message or copy on the sign face;

(2)           Replacement of border and trim;

(3)           Repair and replacement of a structural member, including a pole, stringer, or panel, with like material;

(4)           Alterations of the dimensions of painted bulletins incidental to copy change; and

(5)           Any net decrease in the outside dimensions of the advertising copy portion of the sign; but if the sign face or faces are reduced they may not thereafter be increased beyond the size of the sign on the date it became nonconforming.

(d)  The addition of lighting or illumination to existing nonconforming signs or signs conforming by virtue of the grandfather clause is specifically prohibited as reasonable maintenance; however, such lighting may be permanently removed from such sign structure.

(e)  A nonconforming sign or sign conforming by virtue of the grandfather clause may continue as long as it is not abandoned, destroyed, discontinued, or significantly damaged.

(f)  When the combined damage to the face and support poles appears to be significant, as defined in 19A NCAC 02E .0201(29), the sign owner may request the Department to review the damaged sign, including salvageable sign components, prior to repairs being made.  Should the sign owner perform repairs without notification to the Department, and the Department later determines the damage is greater than 50% of the combination of the sign face and support pole(s), the permit may be revoked.  To determine the percent of damage to the sign structure, the only components to be used to calculate this value are the sign face and support pole(s).  The percent damage shall be calculated by dividing the unsalvageable sign components by the original sign structure component quantities, using the following criteria:

(1)           Outdoor Advertising on Wooden Poles:  The percentage of damage attributable to poles shall be 50% and the percentage of damage attributable to sign face shall be 50%;

(2)           Outdoor Advertising on Steel Poles or Beams:  The percentage of damage attributable to poles shall be 80% and the percentage of damage attributable to sign face shall be 20%; and

(3)           Outdoor Advertising on Monopoles:  The percentage of damage attributable to poles shall be 80% and the percentage of damage attributable to sign face shall be 20%.

History Note:        Authority G.S. 136-130; 136-89.58;

Eff. August 1, 2000;

Amended Eff. August 1, 2000.