Florida Administrative Code › 14 - DEPARTMENT OF TRANSPORTATION › 14 - Departmental › Chapter 14-10 - OUTDOOR ADVERTISING SIGN REGULATION AND HIGHWAY BEAUTIFICATION PROGRAM › Section 14-10.007 - Maintenance of Nonconforming Signs

Current through Reg. 50, No. 138; July 16, 2024
(1) A
				nonconforming sign must remain substantially the same as it was as of the date
				it became nonconforming.
(2)
				Reasonable repair and maintenance of nonconforming signs, including change of
				advertising message, is permitted and is not a change which would terminate the
				nonconforming status. Reasonable repair and maintenance means the work
				necessary to keep the sign structure in a state of good repair, including the
				replacement in kind of materials in the sign structure. Where the replacement
				of materials is involved, such replacement may not exceed 50% of the structural
				materials in the sign within any 24 month period. "Structural materials" are
				all those materials incorporated into the sign as load-bearing parts, including
				vertical supports, horizontal stringers, braces, bracing wires, brackets, and
				catwalks. Structural materials do not include the sign face, any skirt, any
				electrical service, or electric lighting, except in cases where such items have
				been incorporated into the sign as load-bearing parts. The following are
				examples of modifications which do not constitute reasonable repair or
				maintenance, and which constitute substantial changes to a nonconforming sign
				that will result in the loss of nonconforming status:
(a) Modification that changes the structure
				of, or the type of structure of, the sign, such as conversion of a back-to-back
				sign to a V-type, or conversion of a wooden sign structure to a metal
				structure;
1. The Department will authorize
				structural alterations to a nonconforming sign in instances where the
				Occupational Safety and Health Administration (OSHA) requirements or other
				safety related requirements necessitate alterations, provided that the
				reconstruction shall not be authorized primarily for the purpose of replacement
				of deteriorated materials. The Department will accept a notice or other writing
				from OSHA or other regulatory body to the permittee requiring the intended
				alteration as documentation of safety requirements. If the structural
				alterations are intended to be made to comply with OSHA regulations, the
				permittee must submit to the Department a statement in writing citing the OSHA
				regulation with which it is intending to comply and explaining how the intended
				alteration is required by the cited OSHA regulation. If the structural
				alterations are required to be made to comply with building codes applicable to
				existing structures, the permittee must submit to the Department a statement in
				writing citing the specific requirement of the building code which the
				alterations are intended to meet. Structural alterations are allowed only if no
				alternatives are available which address safety requirements. Documentation of
				the requirements must be submitted to, and approved by, the Department prior to
				making any structural alterations. The location, structural configuration,
				number of faces, size of the sign faces, sign structure height, and the
				materials used in the sign structure and sign faces must be the same type as
				those used in the sign prior to approval of the alterations. Structural
				configuration means the physical arrangement of a sign whether arranged as a
				single-faced, V-type, back-to-back, side-to-side, or stacked sign. During the
				period of temporary removal for those approved structural alterations, the
				permittee must permanently display the permit tag at the sign
				location.
2. The addition of a
				catwalk or other fall protection device for safety reasons, where the device
				does not increase the structural integrity of the sign or prolong the life of
				the sign, is allowed without obtaining prior approval from the
				Department;