Nonconforming.
Except as provided in this section, nonconforming signs that were otherwise lawful on the effective date of the ordinance from which this article is derived may be continued. No person may engage in any activity that causes an increase in the extent of nonconformity of a nonconforming sign or causes a previously conforming sign to become nonconforming. A nonconforming sign may not be moved or replaced except to bring the sign into complete conformity with this article. Once a nonconforming sign is removed from the premises or otherwise taken down or moved, said sign may only be replaced with a sign which is in conformance with the terms of this article.
(1)
Minor repairs and maintenance of nonconforming signs. Minor repairs and maintenance activities necessary to keep a nonconforming sign for a particular use in sound condition are permitted so long as the nonconformity is not in any means increased. If a nonconforming sign is destroyed, it may not thereafter be repaired, reconstructed, or replaced except in conformity with all the provisions of this article, and the remnants of the former sign structure shall be cleared from the land. For purposes of this article, a nonconforming sign shall be considered destroyed if it receives damage to an extent of more than 50 percent of the sign's value immediately prior to the sign having received said damage.
(2)
Message changes. The message of a nonconforming sign may be changed so long as this does not create any new nonconformity. If a nonconforming on-premises sign which advertises a business, service, commodity, accommodation, attraction or other enterprise or activity that has for a period of at least 180 days not been operated, conducted or offered, that sign shall be deemed abandoned and shall be removed or brought into compliance by the sign owner, property owner or other party having control over such sign within 30 days after the 180-day period has expired.
(3)
Change of use. If there is a change of use or name of business on a particular piece of property, and there were one or more nonconforming signs which advertised the business or use, all new signs for the use or business must meet all sign requirements.
(4)
Multi-tenant project signs. Nonconforming signs for multitenant projects must be removed at any time that 50 percent or more of the signs in the project are replaced.
(5)
Blank signs. If a nonconforming sign remains blank for a continuous period of 180 days, that sign shall be deemed abandoned and shall, within 30 days after such abandonment, be altered to comply with this article or be removed by the sign owner, owner of the property where the sign is located, or other person having control over such sign. For purposes of this article, a sign shall be deemed blank, if any of the following exists:
a.
It advertises a business, service, commodity, accommodations, attraction, or other enterprise or activity that is no longer operating or being offered or conducted.
b.
The advertising message it displays becomes illegible in whole or substantial part.
c.
It does not contain an advertising message. For such purposes, the terms "Sign for Rent," "Sign for Lease," "Sign for Sale," etc., shall not be deemed to be an advertising message.
(6)
Billboard signs within 1,500 feet of another billboard sign or within 1,500 feet of a public school or residentially zoned district, except for any lawfully erected sign along any portion of the federal-aid primary highway system shall be determined to be a nonconforming use after the effective date of the ordinance from which this article is derived.
a.
Any billboard sign within 1,500 feet of another billboard sign or within 1,500 feet of a public school or residentially zoned district, except for any lawfully erected sign along any portion of the federal-aid primary highway system existing on the effective date of the ordinance from which this article is derived shall be removed as follows: Billboard signs for which a permit was issued prior to the effective date of the ordinance from which this article is derived may only be removed or relocated in accordance with applicable provisions of Florida Statutes.
b.
No variance may be granted from the provisions of this section to allow a billboard sign which is within 1,500 feet of another billboard sign or within 1,500 feet of a public school or residentially zoned district to be enlarged, extended, reconstructed or structurally altered. No variance may be granted from the provisions of this section to allow a nonconforming billboard sign to be enlarged, extended, reconstructed or structurally altered. However, repairs, maintenance, and improvements may be carried out in any one calendar year in an amount not to exceed 50 percent of the market value of the sign for that year and, provided that such work does not increase the height, size or setback deficiency of the nonconforming sign. Changeable copy signs and embellishments shall be prohibited on all nonconforming billboard signs.
(Ord. No. 2007-02, exh. A, § 25, 2-21-2007; Ord. No. 2007-13, § 7(25a), 9-5-2007; Ord. No. 2011-03, § 2(25B), 3-2-2011)
Nonconforming.
Except as provided in this section, nonconforming signs that were otherwise lawful on the effective date of the ordinance from which this article is derived may be continued. No person may engage in any activity that causes an increase in the extent of nonconformity of a nonconforming sign or causes a previously conforming sign to become nonconforming. A nonconforming sign may not be moved or replaced except to bring the sign into complete conformity with this article. Once a nonconforming sign is removed from the premises or otherwise taken down or moved, said sign may only be replaced with a sign which is in conformance with the terms of this article.
(1)
Minor repairs and maintenance of nonconforming signs. Minor repairs and maintenance activities necessary to keep a nonconforming sign for a particular use in sound condition are permitted so long as the nonconformity is not in any means increased. If a nonconforming sign is destroyed, it may not thereafter be repaired, reconstructed, or replaced except in conformity with all the provisions of this article, and the remnants of the former sign structure shall be cleared from the land. For purposes of this article, a nonconforming sign shall be considered destroyed if it receives damage to an extent of more than 50 percent of the sign's value immediately prior to the sign having received said damage.
(2)
Message changes. The message of a nonconforming sign may be changed so long as this does not create any new nonconformity. If a nonconforming on-premises sign which advertises a business, service, commodity, accommodation, attraction or other enterprise or activity that has for a period of at least 180 days not been operated, conducted or offered, that sign shall be deemed abandoned and shall be removed or brought into compliance by the sign owner, property owner or other party having control over such sign within 30 days after the 180-day period has expired.
(3)
Change of use. If there is a change of use or name of business on a particular piece of property, and there were one or more nonconforming signs which advertised the business or use, all new signs for the use or business must meet all sign requirements.
(4)
Multi-tenant project signs. Nonconforming signs for multitenant projects must be removed at any time that 50 percent or more of the signs in the project are replaced.
(5)
Blank signs. If a nonconforming sign remains blank for a continuous period of 180 days, that sign shall be deemed abandoned and shall, within 30 days after such abandonment, be altered to comply with this article or be removed by the sign owner, owner of the property where the sign is located, or other person having control over such sign. For purposes of this article, a sign shall be deemed blank, if any of the following exists:
a.
It advertises a business, service, commodity, accommodations, attraction, or other enterprise or activity that is no longer operating or being offered or conducted.
b.
The advertising message it displays becomes illegible in whole or substantial part.
c.
It does not contain an advertising message. For such purposes, the terms "Sign for Rent," "Sign for Lease," "Sign for Sale," etc., shall not be deemed to be an advertising message.
(6)
Billboard signs within 1,500 feet of another billboard sign or within 1,500 feet of a public school or residentially zoned district, except for any lawfully erected sign along any portion of the federal-aid primary highway system shall be determined to be a nonconforming use after the effective date of the ordinance from which this article is derived.
a.
Any billboard sign within 1,500 feet of another billboard sign or within 1,500 feet of a public school or residentially zoned district, except for any lawfully erected sign along any portion of the federal-aid primary highway system existing on the effective date of the ordinance from which this article is derived shall be removed as follows: Billboard signs for which a permit was issued prior to the effective date of the ordinance from which this article is derived may only be removed or relocated in accordance with applicable provisions of Florida Statutes.
b.
No variance may be granted from the provisions of this section to allow a billboard sign which is within 1,500 feet of another billboard sign or within 1,500 feet of a public school or residentially zoned district to be enlarged, extended, reconstructed or structurally altered. No variance may be granted from the provisions of this section to allow a nonconforming billboard sign to be enlarged, extended, reconstructed or structurally altered. However, repairs, maintenance, and improvements may be carried out in any one calendar year in an amount not to exceed 50 percent of the market value of the sign for that year and, provided that such work does not increase the height, size or setback deficiency of the nonconforming sign. Changeable copy signs and embellishments shall be prohibited on all nonconforming billboard signs.
(Ord. No. 2007-02, exh. A, § 25, 2-21-2007; Ord. No. 2007-13, § 7(25a), 9-5-2007; Ord. No. 2011-03, § 2(25B), 3-2-2011)