§ 25.5-9. Billboards.

(a)

For purposes of this section, the term "billboard sign," or "billboard," as used herein, shall mean any combination of structure and message in the form of an outdoor sign, display, device, figure, painting, drawing, message, placard, poster, billboard, advertising structure, advertisement, logo, symbol, or other form, whether placed individually or on a V-type, back-to-back, side-to-side, stacked, or double-faced display or automatic changeable facing, when any part of the message is visible from any place on a public right-of-way; which exceeds the size, setback or height limitations set forth herein. The term does not include a sign meeting applicable size, setback and height limitations which is authorized and permitted based on zoning district, land use, and road frontage and classification, or authorized without permit requirement under other provisions of this chapter; nor does it include an official traffic control sign, official marker, or specific information panel erected, caused to be erected, or approved by the board of county commissioners or a state or federal governmental entity when the board or other entity owns or exercises jurisdiction over the property.

(b)

The purpose of this section is hereby set forth as follows:

(1)

To promote the health, safety, and welfare of persons within the county by avoiding an environment that encourages visual blight; and

(2)

To prohibit the installation, construction, placement, or erection of billboards which are hereby determined to be detrimental to the aesthetic sense and public health, safety, and general welfare of the citizens of Hernando County.

(c)

The installation, construction, placement, or erection of billboard signs (billboards) is prohibited in the unincorporated areas of Hernando County.

(d)

Existing permitted billboard signs (billboards) registered pursuant to Ordinance No. 2000-05 shall be considered nonconforming signs and may remain only as long as they maintain their nonconforming status, provided that a nonconforming sign must remain substantially the same as it was as of the date it became nonconforming. Reasonable repair and maintenance, including change of message, is permitted and is not a change which would terminate nonconforming rights.

(1)

The following modifications to a nonconforming sign shall result in the loss of nonconforming status:

a.

Modification that changes the type of structure of the sign, such as conversion of a wooden sign structure to a metal structure;

b.

Modification that enlarges the area of the sign facing, however, embellishments may be added to nonconforming signs subject to the limitations regarding size of sign facing and provided they do not exceed ten (10) percent of the area of the sign facing prior to the addition of the embellishment;

c.

Modification that raises the height of the sign;

d.

Modification that adds automatic changeable faces;

e.

Modification that changes the method of display of any message on the sign from static to animated, including but not limited to any video or electronic display of a non-static message; or

f.

Modification that adds artificial lighting.

(2)

A nonconforming sign may not be removed and re-erected at the same location except as provided in subsection (6) below.

(3)

A nonconforming sign may be relocated in kind on a lot or parcel under the same ownership and with the same parcel key number without any modifications as specified in subsection (d)(1) above if such nonconforming sign is taken in a condemnation action by any governmental agency or pursuant to a negotiated settlement with any governmental agency in lieu of exercise of condemnation powers as certified by the agency.

(4)

A nonconforming sign which is destroyed by an act of God, weather conditions, vandalism, or other criminal or tortuous act, may be re-erected in kind on a lot or parcel under the same ownership and with the same parcel key number without any modifications as specified in subsection (d)(1) above for the remaining life of the existing lease but not to exceed ten (10) years from the date of destruction.

(5)

A sign face which remains void of any message for six (6) months or longer shall be deemed an abandoned or discontinued sign and shall lose its nonconforming status. Signs displaying an "available for lease" or similar message, signs displaying advertising for goods, products, services, facilities, events, or attractions which are no longer available, and partially obliterated signs which do not identify particular goods, products, services, facilities, events, or attractions or which do not state a readily comprehended message shall be considered void of any message. Failure of an owner to register the sign with the county as required below shall be prima facie evidence of abandonment.

(6)

The county may authorize structural alterations to a nonconforming sign in instances where Occupational Safety and Health Administration (OSHA), or other safety related requirements necessitate alterations, provided that reconstruction shall not be authorized primarily for the purpose of replacement of deteriorated materials. Alterations to the structure are allowed only if no alternatives are available which address safety requirements without requiring structural alterations. Documentation of these requirements must be submitted to the county for approval prior to making any sign alterations. If approval for structural alteration is granted by the county, 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. During the period of temporary removal for those approved alterations, the owner must permanently display the identification tag at the sign location.

(e)

Registration of billboard signs (billboards).

(1)

All owners of billboard signs (billboards) shall register each billboard with the county, pay an initial registration fee, and a renewal fee annually thereafter, which fees will be established by resolution and may be amended from time to time by resolution of the board of county commissioners, and obtain an identification tag, which tag shall be permanently affixed to the billboard in a location that is clearly visible from any adjacent public right(s)-of-way.

(2)

The application for such registration shall include the following information:

a.

The name, telephone number, and address of the owner of the billboard;

b.

The name, telephone number, and address of the owner of the parcel on which the billboard is located with key number of parcel;

c.

The size and height of the billboard;

d.

Evidence to the satisfaction of the county that the billboard was lawfully permitted and in compliance with the applicable laws and ordinances when it was constructed or had existed as a lawful nonconforming billboard under the provisions of a previous ordinance.

(3)

Registration fees collected are to be deposited in a separate county account to be used to provide funds for additional code compliance officers to ensure compliance with the terms of this chapter.

(4)

It shall be the responsibility of the owners of billboard signs (billboards) to ensure that the information on file with the county is both current and accurate.

(Ord. No. 2008-03, § 9, 2-5-08)