Sec. 320.414. - Nonconforming signs.

(a) All permits for off-site signs that were issued prior to March 11, 1987 but which were not erected or constructed prior to March 11, 1987 shall comply fully with the regulations imposed by this Section; otherwise such permits shall be deemed null and void. (b) All lawful nonconforming signs shall be removed, changed, or altered to conform to the standards established in this Section, by or on behalf of the owner thereof no later than five years after March 11, 1987, or else shall be removed by the City immediately after the end of the 50 year after March 11, 1987 pursuant to the procedures in Sections 320.413 and 326.208 ; provided, however, (1) Except as otherwise provided in Charter Article 23 , lawful nonconforming off-site signs along any portion of the interstate or federal-aid primary highway systems within the meaning of F.S. § 479.01(5), (7), (12) and (14), F.S. § 479.15(2) and F.S. § 479.24(1) shall be subject to removal, if at all, only as provided pursuant to F.S. Ch. 479. (2) Any lawful nonconforming off-site sign which is nonconforming because of distance limitations shall not be required to be removed, changed or altered to conform to the distance limitations established in Section 656.1303 ; provided that any off-site sign located within 200 feet of any residentially zoned district shall be nonilluminated and shall not exceed a maximum of 400 square feet in area, including embellishments. (3) Any sign which becomes a lawful nonconforming sign due to the provisions of this Section, but which is or would be a permissible use by exception or which is or would be allowed by variance, as set forth in Section 656.1303 , within the zoning district in which it is located, must obtain the appropriate exception or variance from the Planning Commission in order to continue in existence at that location. (4) Any lawful nonconforming on-site sign not exceeding the allowable number of signs, as provided in Section 656.1303 , may be continued so long as the sign does not exceed one and one-half times the allowable square footage in area specified in Section 656.1303 or 300 square feet in area, whichever is less, until altered, changed or modified in any form; provided that, the face of any lawful nonconforming on-site sign, existing as of March 11, 1987, may be changed pursuant to the requirements set forth herein. (i) Any nonconforming on-site sign which is located closer than ten feet from any street right-of-way, but which otherwise complies with all other provisions of the Ordinance Code, may remain in place after March 11, 1987, and may be: (A) Altered, modified, or changed to identify a new occupant or tenant on the property; (B) Altered, modified, or changed to repair or replace any portion of the sign which is damaged; or (C) Remodeled or otherwise changed if the sign is downsized to a size that is at least 15 percent smaller than the original sign area if the remodeled sign does not exceed 100 square feet, or to a size that is at least 25 percent smaller than the original sign area if the remodeled sign exceeds 100 square feet; provided, however, that if title to the property on which the nonconforming sign is located is transferred after March 11, 1987, the nonconforming sign must be brought into conformity with Section 656.1303 by March 12, 1992 or upon transfer of the title, whichever is later; and provided further that the sign and sign face of the nonconforming sign may not be enlarged in any way. (ii) Any nonconforming on-site sign which is located within 25 feet of any intersection of two or more street right-of-way lines but which otherwise complies with all other provisions of the Ordinance Code, may remain in place after March 11, 1987 and may be: (A) Altered, modified, or changed to identify a new occupant or tenant on the property; (B) Altered, modified, or changed to repair or replace any portion of the sign which is damaged; or (C) Remodeled or otherwise changed if it is located within or relocated to within the area between ten feet and 25 feet from the intersection of such street right-of-way lines; provided that such remodeled or changed sign meets a minimum height limit above grade of eight feet and a maximum height limit of 25 feet; and provided that the support structure is at least 17 feet away from the intersecting lines and no portion of the sign is closer than ten feet from any street right-of-way line; and provided further that the sign and sign face of the remodeled sign may not be enlarged in any way; provided, however, that if title to the property on which the nonconforming sign is located is, or has been, transferred after March 11, 1987, the nonconforming sign must be brought into conformity with Section 656.1303 by March 12, 1992 or upon transfer of the title, whichever is later. (5) Any lawful sign for which a zoning exception and/or variance was heretofore granted by the Planning Commission may be continued so long as it is maintained in accordance with the provisions for which the grant of exception or variance was made and provided that it complies with all other provisions of this Section for which no grant of exception or variance has been approved. (6) Except as provided in this subsection, the provisions of this Section pertaining to mobile signs shall not take effect until five years after March 11, 1987. At the end of this five-year period, all mobile signs shall be required to comply with the provisions of this Section pertaining to mobile signs and all mobile signs which remain nonconforming after that date shall be subject to removal pursuant to the abatement procedure set forth in Section 326.208 . All permits for mobile signs issued after this five-year period shall be issued pursuant to the provisions of and subject to the regulations of this Section. Within 30 days after March 11, 1987, the Building Inspection Division shall issue a permanent numbered medallion (at such cost as is necessary to recover the expense of producing the medallion) for each mobile sign which was permitted for use in the City on March 11, 1987 and which meets the requirements of Section 326.207 . The medallion shall be immediately affixed to the permitted mobile sign for which it was issued and such mobile sign may be used throughout the City so long as it continues to comply with the provisions of Sections 326.201 , 326.207 , and 656.1303 , that were in effect immediately prior to March 11, 1987. A mobile sign which would otherwise be eligible to be issued a medallion as provided herein, but cannot meet the construction regulations of Section 326.201 , shall be issued a temporary medallion that shall expire at the end of six months from the date of issue. The temporary medallion may be converted into a permanent numbered medallion if the mobile sign for which it was issued is brought into full compliance with the provisions of Section 326.201 within the six-month period. If the mobile sign has not been brought into full compliance within this period, it shall be removed from service until such time as it is brought into full compliance. No new mobile sign shall be placed in service for five years after March 11, 1987, except for a mobile sign or a replacement for a mobile sign which has had either a permanent numbered medallion or a temporary medallion issued for it as provided for herein. All mobile signs for which a medallion has been issued may be relocated and utilized within the City so long as the mobile sign is properly permitted for the new location and meets the location restrictions as required by Section 326.207 as such Section existed immediately prior to March 11, 1987. (c) Any lawfully erected sign in existence on March 11, 1987 shall be deemed a lawful nonconforming sign if the sign does not conform to the standards of this Chapter, or of Chapter 326 , as amended, or Section 656.1303 , as amended, but if it was originally placed or constructed in accordance with the permit, zoning and construction laws, rules and regulations in effect at the time it was placed or constructed; provided, however, such lawful nonconforming signs must be permitted and tagged as required by The Florida Building Code. (d) Any sign which was illegal or unauthorized prior to March 11, 1987, or any sign which is illegally placed or constructed after March 11, 1987, shall be subject to immediate removal by the City without the need for the City to comply with the notice and hearing procedures in Sections 320.413 and 326.208 . The Division shall promptly remove or cause the removal of any such illegal or unauthorized sign on behalf of its owner, and may, if it chooses, charge all costs incurred to the owners of the sign (if known) and persons owning or possessing the real property on which the sign is located pursuant to the provisions of those Sections. (Ord. 2001-1160-E, § 1)