Section 445.7. Restoration of damaged or partially destroyed nonconforming signs

(a) Application. This section applies to signs erected or controlled under this chapter or the act.

(b) Nonconforming signs. Nonconforming signs shall conform with the following:

(1) If a sign is damaged or destroyed as a result of tortious conduct such as vandalism, the sign may be repaired or replaced by the sign owner.

(2) If a sign is damaged as a result of natural disaster or nontortious conduct so that 50% or more of its value remains intact, the sign may be repaired by the sign owner.

(3) The following apply to signs damaged or destroyed as provided in paragraphs (1) and (2):

(i) Determination of the value of the sign and the damage shall be made by the Department.

(ii) Replaced or repaired signs shall be of equal or lesser dimensions and constructed of the same or less durable material than the sign being replaced or repaired and shall contain no improvements or additions.

(iii) If a sign is replaced the replacement sign shall remain at the same location.

(iv) If a sign is destroyed or damaged as a result of natural disaster or other nontortious conduct so that less than 50% of the sign remains intact, the sign may be repaired or replaced only in compliance with the provisions of this chapter. Determination of the value of the sign and the damage shall be made by the Department.

(v) Damaged or destroyed signs not replaced or repaired within 60 days of notice from the Department shall be considered abandoned.

The provisions of this § 445.7 adopted May 12, 1972, effective May 13, 1972, 2 Pa.B. 845; renumbered September 8, 1978, effective September 9, 1978, 8 Pa.B. 2534.

Notation

Notes of Decisions

Natural Disaster

In determining whether less than 50% of the storm damaged nonconforming sign remained ‘‘intact’’, thus precluding the sign owner from repairing or rebuilding the sign located in the residentially zoned area, the Department of Transportation improperly expanded the meaning of ‘‘intact’’ to include the concept of ‘‘upright’’ and ‘‘in place.’’ Martin Media v. Department of Transportation, 641 A.2d 630 (Pa. Cmwlth. 1994).

The hearing officer properly interpreted this section to provide that a nonconforming outdoor sign damaged in excess of 50% of its value may not be replaced unless the replacement sign is in compliance with this chapter, that is, be conforming. Miller’s Smorgasbord v. Department of Transportation, 590 A.2d 854 (Pa. Cmwlth. 1991).

Nonconforming Use

Sign owners violated the nonconforming use requirement of this section, that repaired signs must be of equal or lesser dimensions, by completely removing an old sign and replacing it with one constructed out of steel, not wood, and by adding halogen lighting. Keystone Outdoor Advertising v. Department of Transportation, 687 A.2d 47 (Pa. Cmwlth. 1996).

Owner’s Duty

Where a sign owner failed to provide the Department of Transportation with repair invoices or billings, the Department was unable to make a determination as to replacement cost under subsection (b)(2); therefore, the Department’s determination that the sign had been abandoned was justified. Kasha v. Department of Transportation, 782 A.2d 15 (Pa. Cmwlth. 2001).

Repairing Signs

By completely removing the old nonconforming sign following storm damage and replacing it with one constructed out of steel, not wood, and by adding halogen lighting, Appellants violated this regulation’s requirement that repaired signs must be of equal or lesser dimensions, constructed of the same or less durable material than the sign being repaired and contain no improvements or additions. Keystone Outdoor Advertising v. Department of Transportation, 687 A.2d 47 (Pa. Cmwlth. 1996); appeal denied 698 A.2d 597 (Pa. 1997).