§ 178.21 NONCONFORMING SIGNS.
   (A)   Any sign which did not conform to the provisions of Chapter 178 immediately prior to the effective date of this ordinance, and was not legally permitted and constructed, shall be an illegal nonconforming sign and shall be removed immediately.
   (B)   Unless otherwise subject to the provisions of § 70.20, Florida Statutes, any sign which was legally permitted and constructed, but which does not conform to the provisions of Chapter 178, shall be a legal nonconforming sign and shall be governed as provided for herein.
   (C)   A legal nonconforming sign may not be altered, enlarged, or moved in a way which increases its degree of nonconformity, but any sign or portion thereof may be altered to decrease its degree of nonconformity, except as provided for herein. Notwithstanding the foregoing or section (D) below, a legal nonconforming sign may be reconstructed as a Digital Billboard if doing so would otherwise conform to the requirements of Chapter 178.
   (D)   A legal nonconforming sign shall not be structurally altered to prolong the life of the sign, except as otherwise provided herein. Reasonable repair and maintenance of nonconforming signs, including change of copy, is permitted, as provided for herein. Reasonable repair and maintenance means the work necessary to keep the sign, including the sign structure, in a good state of repair, but does not include replacement of materials in the sign structure. Reasonable repair does not include:
      (1)   Any modification that changes the structure, or type of structure, such as conversion of a wooden sign structure to a metal sign structure;
      (2)   Any modification that increases the sign area or the height above ground level. Embellishments may be added provided they do not exceed ten percent (10%) of the sign area, as established in Fla. Admin. Code § 14-10.007; or
      (3)   Any modification that adds lighting to a sign structure that previously did not contain lighting and does not have the approvals to do so, or changes the existing lighting from printed faces to digital faces without prior approval.
   (E)   Should a legal nonconforming sign become damaged, destroyed or deteriorated by any means to the extent that it requires more than reasonable repair and maintenance, as defined in subsection (D) above, then the sign shall not be reconstructed except in compliance with this Chapter.
   (F)   Should a legal nonconforming sign be moved for any reason, it shall thereafter conform to the requirements of this Chapter after it is moved.
   (G)   A legal nonconforming sign, other than legal nonconforming billboard signs, shall be deemed an abandoned sign and shall be removed if either the sign or the sign structure has not been used, or if the parcel or parcels upon which the sign is located becomes vacant or unoccupied for a period of ninety (90) consecutive calendar days or more.
   (H)   A legal nonconforming billboard sign shall be deemed an abandoned sign and shall be removed if either the sign or the sign structure has not been used or becomes vacant or unoccupied for a period of twelve (12) consecutive calendar months or more.
(Ord. 2017-39, passed 6-15-2017)