§ 656.719. Nonconforming signs.

(a)

All signs declared nonconforming pursuant to Section 320.417 shall continue to be nonconforming and shall continue to be subject to compliance with Section 320.417; provided, however, no one shall be subjected to penalties for violation of both this Section and Section 320.417 for the same occurrence; provided, further, that if there is a conflict between the requirements of this Section and Section 320.417, this Section shall prevail; provided further, that nonconforming signs as defined by this Section must comply with all repair restrictions in this Section as well as all other provisions of this Part 7; provided further, that if there is a conflict between the requirements of this Section and any other requirements of this Part, this Section shall prevail.

(b)

The following signs, if erected prior to March 11, 1987, are declared to be nonconforming and shall be removed prior to December 1, 1993, or shall by that date be altered to conform to Part 13 of Chapter 656:

(1)

Any wall sign not specifically allowed pursuant to Section 656.1303;

(2)

Any street frontage sign or any freestanding, ground or roof sign in excess of the number of street frontage signs expressly allowed pursuant to Section 656.1303;

(3)

Any street frontage sign or any freestanding, ground, or roof sign in excess of 300 square feet;

(4)

Any double-faced sign which does not meet the requirements of Section 656.1302(f);

(5)

Any freestanding or ground sign within ten feet of a public right-of-way or within 25 feet of the intersection of two public rights-of-way;

(6)

Any street frontage sign or any freestanding or ground sign in violation of Section 656.1305;

(7)

Any sign which does not meet any of the other requirements of Part 13 of Chapter 656.

(c)

Unless otherwise specified in an ordinance amending Part 13 of Chapter 656; any sign lawfully erected on or after March 11, 1987, which no longer meets the zoning requirements of Part 13 of Chapter 656 due to an amendment of Part 13 shall be altered or removed within one year of the date on which Part 13 was first amended to cause the sign to become nonconforming so that after the removal or alteration such sign will become conforming.

(d)

Any sign lawfully erected on or after March 11, 1987, which no longer meets the zoning requirements of Part 13 of Chapter 656 due to a rezoning of the lot on which the sign is erected, shall be altered or removed within one year from the date the property is first rezoned to cause the sign to become nonconforming so that such sign will become conforming; provided, however, that if the owner of the lot requested the rezoning, the sign shall be altered or removed within 90 days of the date the property was first rezoned to make the property nonconforming.

(e)

In the event subsection (a) of this Section is declared invalid or unenforceable for any reason, as applied to any one or any group or type of the following signs, then such signs, if erected prior to March 11, 1987, shall be altered or removed prior to July 30, 1997, to conform to the requirements of Part 13:

(1)

Any wall sign not specifically permitted pursuant to Section 656.1303;

(2)

Any street frontage sign or any freestanding, ground, or roof sign in excess of the number of street frontage signs expressly permitted pursuant to Section 656.1303;

(3)

Any street frontage sign or any freestanding, ground, or roof sign in excess of 300 square feet;

(4)

Any double faced sign which does not meet the requirements of Section 656.1302(f);

(5)

Any freestanding or ground sign within ten feet of a public right-of-way or within 25 feet of the intersection of two public rights-of-way;

(6)

Any street frontage sign or any freestanding or ground sign in violation of Section 656.1305;

(7)

Any sign which does not meet any of the other requirements of Part 13 of Chapter 656.

(f)

Notwithstanding the provisions of subsections (a), (b) and (e) of this Section:

(1)

Signs erected prior to March 11, 1987, which are 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), 479.15(2) and 479.24(1) shall be subject to removal, if at all, only as provided pursuant to F.S. Ch. 479 but only if such statutes are constitutional.

(2)

Any street frontage sign lawfully erected prior to March 11, 1987, which does not exceed 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 area, whichever is less, until structurally altered, changed or modified in any form.

(3)

Any street frontage sign lawfully erected prior to March 11, 1987, 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 change the message; (B) altered, modified, or changed to repair or replace any portion of the sign which is damaged; or (C) remodeled or otherwise structurally 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, 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; and provided further that the sign and sign face of the nonconforming sign may not be enlarged in any way.

(4)

Any street frontage sign lawfully erected prior to March 11, 1987, 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 change the message; (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 with a minimum height limit of eight feet and a maximum height 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; 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; and provided further that the sign and sign face of the remodeled sign may not be enlarged in any way.

(g)

The provisions of this Section are intended to have municipal application to the City of Jacksonville and shall be supplemental to any County wide regulations adopted by the City Council either through ordinance or as may be contained in the Charter of the City of Jacksonville.

(h)

Any sign structure in violation of this Section is hereby declared to be contraband and forfeited to the City. A violation has been proved if the owner, or person in control of the structure, has been convicted of using a sign structure in violation of this Section. A conviction shall include a plea of nolo contendere or a withhold of adjudication. In addition, a violation may be proved in a separate civil action. The City shall seek forfeiture of the sign through any appropriate civil action, which may include declaratory judgment or a mandatory injunction.

(i)

Notwithstanding any other provisions in this Part and unless otherwise allowed by any of subsections (a) through (h) of this Section repairs of nonconforming signs as defined by this Section may be made as set forth hereinbelow:

(1)

Repairs may be made at any time provided a permit is obtained.

(2)

Repairs shall not include relocating or moving any structural support columns.

(3)

Repairs must be made with the same type of material existing on the sign at the time the permit is requested; provided, however, no more than 35 percent of the structural support columns may be replaced in any one year.

(4)

Repairs may not be made to a destroyed sign. A sign is destroyed if the entire structure of the sign, other than the structural support columns, is removed from the support columns. A sign is also destroyed if more than 35 percent of its structural support columns are disconnected from the ground or any foundation are broken or shattered, are out of plumb by more than ten percent in any direction.

(j)

No permit shall be granted pursuant to Chapter 320 for any work to be done on any real property on which exists a sign in violation of this Section, Section 320.417, or Part 13, Chapter 656 unless pursuant to the work to be done pursuant to the permit will bring all signs on the property in compliance.

(k)

In the event subsection (j) of this Section is unenforceable, no permit shall be granted pursuant to Chapter 320 for any work to be done on any property on which exists a sign which does not meet each of the requirements of Part 13, Chapter 656 unless such sign is specifically allowed to remain pursuant to this Section or Section 320.417.

(l)

The permit restrictions in subsections (j) and (k) of this Section are limited to permits to expand any existing structures or erect any new structures and to permits needed to accommodate a change in use or change in occupancy of any structure.

(Ord. 93-174-1054, § 4)