NAC410.735. Unacceptable commercial or industrial zones: Proof of contemplated commercial or industrial use; special conditions; changes to be reviewed.

     1. To prove that a commercial or industrial use is contemplated for the near future and that it would provide a basis for establishing a conforming area within which an existing or proposed outdoor advertising sign could remain or be erected, the owner of the sign must submit the following information to the Department:

     (a) A description of the nature of the proposed commercial or industrial use.

     (b) A copy of the building permit approved and issued by the appropriate local authority for improvements to be constructed to accommodate the proposed use. If a building permit is not required, the commercial or industrial use must be established within 1 year after the owner of the sign notifies the Department of the proposed construction.

     (c) A scaled drawing showing:

          (1) The highway with the right-of-way and paved traveled portion accurately depicted;

          (2) The contemplated commercial or industrial improvements or the area to be devoted to commercial or industrial activity;

          (3) The proposed conforming area, as defined pursuant to NAC 410.730, encompassing the contemplated commercial or industrial activity; and

          (4) Existing or proposed outdoor advertising signs in the conforming area with distances, to be measured along the edge of the highway pavement, between those signs and the nearest commercial or industrial improvement.

     2. The Department may require special conditions, including, without limitation, a performance bond or a surety bond, to ensure compliance for sign permits issued in these areas.

     3. Any change in the proposed commercial or industrial activity must be reviewed by the Department. The holder of the permit shall provide the Department, without notice by the Department, with sufficient documentation to review the proposed change. Failure to provide such documentation may result in the revocation of the permit, and a new application for a permit may be required. If a new application is required, all provisions of this chapter related thereto are applicable. The new application will be considered a new request and a new permit will be granted as available.

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