NAC410.745. Unacceptable commercial or industrial zones: Failure to complete development; development in different area; resolution of intent to rezone.

     1. If no significant progress is made in developing the contemplated commercial or industrial activity within the period specified in the building permit issued by the appropriate local authority or within 1 year after the date on which the owner of the sign formally notifies the Department of the contemplated activity in a case where no building permit is required, the Department will declare that a conforming area has not been established and will acquire and remove preexisting, legally erected outdoor advertising signs. Any outdoor advertising signs which have been erected in anticipation of the establishment of a contemplated commercial or industrial activity shall be deemed illegal outdoor advertising signs and must be removed by the owner with no compensation from the Department.

     2. If the contemplated commercial or industrial activity is developed within the appropriate period, as prescribed in subsection 1, the Department will define the conforming area to correspond with the commercial or industrial activity actually developed. The Department will immediately acquire and remove any outdoor advertising signs which existed before the commercial or industrial activity was contemplated and which are outside the conforming area. Any outdoor advertising sign which has been erected in anticipation of the establishment of a contemplated commercial or industrial activity and which is outside the limits of the conforming area established is an illegal outdoor advertising sign and must be removed by the owner of the sign, with no compensation from the Department.

     3. A resolution of intent to rezone an area for commercial or industrial activity will be accepted for the purposes of this chapter if the term of the resolution and extensions do not exceed 3 years and the conditions and periods of time established pursuant to the resolution of intent are met by the landowner. Any sign permit issued for a sign on the property which is subject to a resolution of intent will be issued conditionally upon the property actually being rezoned for commercial or industrial activity before the expiration of the resolution of intent, which must not exceed 3 years. If the resolution of intent expires without the property being rezoned or the term, including any extensions, exceeds 3 years, any sign permit issued for a sign on the property will be revoked and the sign must be removed by the owner within 60 days after the expiration of the resolution of intent and any extensions thereof or the expiration of 3 years, whichever is sooner, with no compensation from the Department.

     (Added to NAC by Dep’t of Transportation, eff. 12-16-82; A by R058-97, 12-11-98)