It is the policy of the City to encourage and, to the maximum extent practicable, require that all signs within the City be brought into compliance with the requirements of this Article.

(A)

Nonconforming signs protected. A sign which is lawfully erected prior to the effective date of this Article but which does not conform in one or more respects with the requirements of this Article may remain in use, subject to the requirements of this Section and other applicable requirements of the ULDR.

(B)

Limitations on nonconforming signs.

(1)

For purposes of amortization, nonconforming signs may be continued from the effective date of this Article up to December 31, 2030 unless under a previous regulation the signs were to be amortized and in that case the amortization period must be as previously required or December 31, 2030, whichever is less.

(2)

Signs which were nonconforming to the prior ordinance and which do not conform to this Article must be removed immediately.

(3)

Any nonconforming sign that shall cease being used or cease being leased for a continuous period of one year shall not be reused for sign purposes unless and until it is used in conformity with the standards of this Article.

(4)

Change of copy or the substitution of panels or faces on nonconforming signs shall be permitted, unless prohibited by subparagraph (4). Repairs and maintenance of nonconforming signs, such as repainting, electrical repairs, and neon tubing, shall be permitted.

(5)

Any nonconforming sign that is damaged by any cause or is otherwise in need of repair, to such an extent that the cost of repairing the sign equals or exceeds fifty (50) percent of its replacement value, shall not be repaired or replaced except in total conformance with all requirements of this Article in effect at the time the sign is repaired or replaced.

(6)

Change of copy or the substitution of panels or faces on nonconforming signs incident to a change in ownership of a business shall not be permitted unless the sign complies with the requirements of this Article.

(Ord. No. 874, § 3(Exh. A), 12-13-05; Ord. No. 2020-003, § 5, 9-22-20)

(A)

Violations. Any of the following shall be a violation of this Article and shall be subject to the enforcement remedies and penalties provided by this Article, by other ordinances of the City, and by state law:

(1)

To install, create, erect, or maintain any sign in any way that is inconsistent with any plan or permit governing such sign or the lot on which the sign is located;

(2)

To install, create, erect, or maintain any sign requiring a permit without such a permit;

(3)

To fail to remove any sign that is installed, created, erected or maintained in violation of this Article, or for which the sign permit has lapsed;

(4)

To continue any such violation. Each such day of a continued violation shall be considered a separate violation when applying the penalty portion of this Article;

(5)

Each sign installed, created, erected, or maintained in violation of this Article shall be considered a separate violation when applying the penalty portions of this Article.

(B)

Enforcement and remedies. Any violation or attempted violation of this Article or of any conditions or requirements adopted pursuant hereto may be restrained, corrected, or abated, as the case may be, by injunction or by appropriate proceedings pursuant to state law. A violation of this Article shall be considered a violation of the City's ordinances. The remedies of the City shall include the following:

(1)

Issuing a stop work order for any and all work on any signs on the same lot;

(2)

Seeking an injunction or other order of restraint or abatement that requires the removal of the sign(s) or the correction of the nonconformity;

(3)

Imposing a fine up to two hundred fifty dollars ($250.00) per day for each day for each violation;

(4)

Seeking in court the imposition of any penalties that can be imposed by such court under Ordinance; and

(5)

In the case of a sign that poses an immediate danger to the public health or safety, taking such measures as are available to the City under the applicable provisions of the ULDR and Florida Building Code, including, but not limited to, removing signs from right-of-way or City property and charging a removal and storage fee of twenty-five dollars ($25.00) per sign. Any sign removed from right-of-way or City property by City staff shall be discarded as determined in the sole and absolute discretion of City staff.

(C)

Other remedies. The City shall have such other remedies as are and as may from time to time be provided for or allowed by state law or the City's Code of Ordinances.

(D)

Remedies cumulative. All such remedies provided herein shall be cumulative. To the extent that state law may limit the availability of a particular remedy set forth herein for a certain violation or an Ordinance thereof, such remedy shall remain available for other violations or other Ordinances of the same violation.

(E)

Liability of sign owner, tenant, and property owner. Notwithstanding any of the provisions of this Article, it shall be the responsibility of the tenant who maintains a business within the City and the property owner upon whose land a sign is erected, and any other responsible party, including but not limited to the sign owner, to see that all signs are erected, maintained, and controlled in full compliance with the provisions of this Article and each shall be fully responsible for compliance with such provision.

(Ord. No. 874, § 3(Exh. A), 12-13-05; Ord. No. 2020-003, § 5, 9-22-20)

Requests for relief from the provisions of this Article shall be processed in accordance with Article 20, Variances, except that the following criteria for the approval of a signage variance shall be substituted for the criteria contained in Section 120-030:

(A)

There are special, peculiar circumstances or conditions applying to the land or building upon which signage is proposed but which do not generally apply to other properties within the same district, including the situation of the land or building in relation to adjacent land, buildings or structures, and that said circumstances or conditions are such that the strict application of the provisions of this Article would deprive the applicant of the signage visibility commonly enjoyed by other properties in the same zoning district with signage that conforms to all requirements of this Article;

(B)

That alleged hardship is not self-created by any person having an interest in the property;

(C)

The granting of the variance is the minimum variance that will allow the applicant to enjoy the same signage visibility commonly enjoyed by other properties in the same zoning district with signage that conforms to all requirements of this Article;

(D)

The granting the variance will be in harmony with the general purpose and intent of this Article and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.

(Ord. No. 874, § 3(Exh. A), 12-13-05; Ord. No. 2020-003, § 5, 9-22-20)