Haw. Code R. § 19-103-6 - Nonconforming signs
(a) A nonconforming sign is one which was
lawfully erected but which does not comply with the provisions of state law or
regulation passed at a later date or which later fails to comply with state law
or regulations due to changed conditions. An example of changed conditions
would be a sign lawfully erected on a nonfederal-aid county highway that later
becomes a federal-aid or state highway. Signs that are illegal when first
erected or otherwise brought into existence are not nonconforming
signs.
(b) Requirements for
maintenance of a nonconforming sign are as follows:
(1) The sign shall have been in actual
existence (as distinguished from contemplated to be used such as a simple lease
or agreement with the property owner) and legally so, at the time when the
prohibition took effect.
(2) The
property interest in the sign in question shall be substantial. Thus, paper
signs nailed to trees, abandoned signs, and the like are not
protected.
(3) The right to
maintain a nonconforming sign is not confined to the sign owner or any one
individual or corporation so using the land. Thus a nonconforming sign may be
sold, leased, or otherwise transferred without affecting its status. However,
the location of the nonconforming sign may not be changed. A nonconforming sign
removed as a result of right-of-way taking or for any other reason shall be
relocated in a conforming area as a nonconforming use cannot be re-established
at a new location. Otherwise, just compensation for the rights and interests of
the sign and site owner shall be made for the removal of the signs.
(4) The sign shall have been lawful and shall
continue to be lawfully maintained on the effective date of the state
law.
(5) The sign shall be
maintained in a safe condition and shall not in any respect be dangerous to the
public or to property.
(6) A
nonconforming sign may be maintained up to five years as long as it is not
changed after it becomes nonconforming. The sign shall remain substantially the
same as it was on the date it became nonconforming. Reasonable maintenance of
the sign is not a change. This would include a change of advertising message
and normal upkeep and repair of a sign structure.
(7) A nonconforming sign may be maintained up
to five years as long as it is not abandoned, destroyed or discontinued.
Exception may be made for signs destroyed due to vandalism or other criminal or
tortious acts. Such signs may be re-erected in kind.
(c) Nonconforming signs that do not meet the
above requirements or are changed, relocated, discontinued, abandoned or
destroyed, except as provided for under section 19-103-6(b)(7) above, shall
cease to be classified as nonconforming signs and shall-be removed as provided
for under section 19-103-8.
Notes
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