NAC410.740. Unacceptable commercial or industrial use: Conditional conformance; temporary conformance.

     1. An outdoor advertising sign in a proposed conforming area which will encompass contemplated commercial or industrial activity shall be deemed to be conforming pending the commencement of that activity.

     2. If that activity is not commenced within:

     (a) The period specified for completion in the initial building permit issued by the local authority; or

     (b) One year after the owner of the sign notifies the Department, if no building permit is required,

Ê the Department will consider that no conforming area has been established and will proceed as provided in NAC 410.745.

     3. If that activity is developed in a different area than the one shown on the plot submitted to the Department, the owner of any sign which may be affected must prove to the Department that his or her sign is in the conforming area defined by applying the provisions of NAC 410.730 to that activity.

     4. Any qualifying commercial or industrial activity that is temporary will define a conforming area for off-premise signs only for the actual duration of the qualifying activity. If the qualifying activity ceases for a period of 60 consecutive days or more, signs allowed within the conditional conforming area shall be deemed nonconforming, the permit will be cancelled and the sign must be removed by the owner within 30 days after the notice or declaration with no compensation from the Department unless another qualifying activity is established or can be demonstrated by the holder of the permit. As used in this subsection, “temporary” means the activity will exist for 3 years or less.

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