Wis. Admin. Code Department of Transportation Trans 201.10 - Removal of nonconforming signs
(1) Nonconforming
signs, as defined by s.
84.30(5),
Stats., shall be eliminated in accordance with s.
84.30,
Stats., and these rules. Compensation for removal of a nonconforming sign shall
be paid in accordance with s.
84.30(6) to (8), Stats., provided the sign has complied
with the conditions in sub. (2).
(2) In order to lawfully maintain and
continue a nonconforming sign, or a grandfathered sign under s.
84.30(3) (d), Stats., the following conditions apply:
(a) The sign must have been actually in
existence at the time the applicable state law became effective, except where a
permit for the construction of a sign was granted by the state prior to the
effective date of the state law and the sign owner acted in good faith and
expended sums in reliance thereon. This exception shall not apply in instances
where large numbers of permits were applied for and issued to a single sign
owner, obviously in anticipation of the passage of a state control
law.
(b) There must be existing
property rights in the sign affected by the state law.
(c) The sign may be sold, leased, or
otherwise transferred without affecting its status, but its location may not be
changed. A nonconforming sign removed as a result of a right-of-way taking or
for any other reason may be relocated to a conforming area but cannot be
re-established at a new location as a nonconforming use.
(d) The sign must have been lawful on the
effective date of the state law and must continue to be lawfully
maintained.
(e) The sign must
remain substantially the same as it was on the effective date of the state law,
and may not be enlarged. Reasonable repair and maintenance of the sign,
including a change of advertising message, is not a change which would
terminate nonconforming rights. Customary maintenance ceases and a substantial
change occurs if repairs or maintenance, excluding message changes, on a sign
exceeds 50% of the replacement costs of the sign.
(f) The sign may continue as long as it is
not destroyed, abandoned or discontinued. A sign shall be considered destroyed
if it is damaged in excess of 50% of its replacement cost. Any sign destroyed
by criminal or tortious acts may be replaced upon a showing by the sign owner
that the sign was so destroyed and upon written approval from the region
office. Applications for replacement signs shall be submitted to the region
office. If the region office fails to send notice of its decision within 10
days after it receives an application, the sign owner may assume that
replacement has been approved. As an alternative to replacement, the region
office and sign owner may negotiate for the acquisition of the sign which was
so destroyed. Approvals of replacements shall contain such terms and conditions
as are necessary to ensure that the replacement sign is essentially the same as
the sign destroyed. A sign is abandoned or discontinued if for a period of 12
months or longer it is composed of obsolete advertising matter or is without
advertising matter or is in need of substantial repair, provided that any
period of involuntary discontinuance which occurs during the period a highway
is closed shall not be considered. A sign is abandoned if the name of the owner
does not appear thereon and if the name and address of the current owner are
not readily ascertainable from records on file with the department.
(3) Since the provisions of sub.
(2) reflect the law of this state with respect to the treatment of
nonconforming uses and the derivative policy of the department with respect to
nonconforming signs, the adoption of sub. (2) shall not be construed to affect
the applicability or validity of such state law or derivative policy prior to
the adoption of sub. (2).
Notes
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