14-10.007: Maintenance of Nonconforming Signs
PURPOSE AND EFFECT: The scope of Rule 14-10.007, F.A.C., is expanded by the deletion of the words “Maintenance of” and the rule itself is substantially reworded.
SUBJECT AREA TO BE ADDRESSED: Rule 14-10.007, F.A.C., is substantially reworded.
SPECIFIC AUTHORITY: 334.044(2), 479.02(7) FS.
LAW IMPLEMENTED: 339.05, 479.02, 479.07(9) FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
TIME AND DATE: January 23, 2006, 9:00 a.m.
PLACE: Department of Transportation, Haydon Burns Building Auditorium, 605 Suwannee Street, Tallahassee, Florida.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: James C. Myers, Clerk of Agency Proceedings, Florida Department of Transportation, Office of the General Counsel, 605 Suwannee Street, Mail Station 58, Tallahassee, Florida 32399-0458
THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:
(Substantial rewording of Rule 14-10.007 follows. See Florida Administrative Code for present text.)
14-10.007 Maintenance of Nonconforming Signs.
A nonconforming sign may continue so long as it is not improperly maintained, improperly modified, destroyed, abandoned, or discontinued. Any changes, modifications, or repairs done in violation of this rule will terminate the nonconforming status of the sign and cause it to become illegal. Once nonconforming status has terminated, it cannot be restored and the sign must be removed.
(1) Definitions. In addition to the definitions contained in Rule 14-10.0011, F.A.C., the following definitions apply to this rule.
(a) “Configuration” means the physical arrangement of a sign whether single-faced, V-type, back-to-back, side-to-side, or stacked.
(b) “Public service message” means one for which no charge is made and which promotes programs, activities, or services of Federal, State, or local governments or the programs, activities, or services of non-profit organizations.
(c) “Vertical support” means the poles or other members which elevate the sign message above the ground or other supporting surface.
(2) Maintenance of nonconforming signs. Reasonable repair and maintenance of nonconforming signs is permitted, including in-kind replacement of sign materials, with the following exceptions:
(a) Vertical supports may not be replaced. However, when a nonconforming sign has been damaged by a natural event which results in a declaration of disaster by the Governor of Florida or the President of the United States, the vertical supports may be repaired or replaced in-kind, provided the sign has not been destroyed;
(b) Materials, including bracing, guy wires or similar devices, may not be added to the sign, nor may additional vertical supports be added;
(c) No change may be made in the type of materials or configuration of the sign;
(d) Variable message capability may not be added either as part of the message or the entire facing, regardless of whether such capability is mechanical, electrical, or electronic.
(3) Modifications to nonconforming signs. Only the following modifications to nonconforming signs are allowed. All other modifications are prohibited.
(a) Change of advertising message;
(b) Replacement of, or repair to, the sign facing, provided the dimensions of the sign facing and the HAGL remain the same;
(c) Reduction in size of the sign facing where such reduction is required by a local governmental entity with jurisdiction over the sign;
(c) Addition of catwalks, provided that such addition does not add additional bracing or supports to the structure;
(d) Addition of embellishments, not to exceed 10% of the area of the existing sign facing.
(4) Lighting. Lighting may not be added to a previously unlighted sign, nor may existing lighting be increased to enhance the visibility of the sign facing or the period of time the sign is visible. Prohibited lighting includes any which illuminates the sign facing whether or not such lighting is physically part of the sign.
(5) A nonconforming sign is “destroyed” when 50% or more of the vertical supports are physically damaged such that, in order for the structure to be maintained in the same configuration as existed prior to occurrence of the damage, either or both of the following applies:
(a) Wooden vertical supports must be replaced or have bracing added, or;
(b) Metal supports require replacement of at least 25% of the length above ground of the broken, bent, or twisted supports.
If the Department determines that destruction was caused by vandalism or other tortious act, the sign may be restored to the same size and configuration and with the same type of materials as existed in the sign immediately prior to destruction.
(6) A nonconforming sign is “abandoned” when it fails to display advertising copy on the sign facing for a period of 12 months or more. Signs displaying a public service message are not considered abandoned within the meaning of this section. The following conditions shall be considered failure to display advertising copy:
(a) Signs displaying only an “available for lease” or similar message;
(b) Signs displaying advertising for a product, service, or facility which is no longer available;
(c) Signs which are blank or do not identify a particular product, service, or facility.
(7) A nonconforming sign is “discontinued” when 50% or more of the vertical supports have been detached from the structure and the ground or other supporting surface.
Specific Authority 334.044(2), 479.02(7) FS. Law Implemented 339.05, 479.02, 479.07(9) FS. History–New 3-28-77, Amended 12-10-77, 1-1-86, Formerly 14-10.07, Amended 6-28-98, 8-10-99, 8-19-01,_________.