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(A) A nonconforming on-premise sign shall not be moved, in whole or in part, to another location on or off the parcel of land on which it is located, unless the entire structure thereafter conforms to the requirements of this Code.
(B) Normal repairs and maintenance to a nonconforming sign that are required to keep the sign in a safe condition are permitted, and do not trigger full compliance with the Code.
(C) Nonconforming on-premise signs shall be removed or brought into compliance with the standards of the Sign Code when at least one of the following conditions occur:
(1) More than 50% of the sign structure is destroyed or damaged, regardless of replacement value.
(2) The sign has structural inadequacies that affect its aesthetic appearance or purpose.
(3) There is a change in ownership in the business.
(4) There is a change of tenant in the business.
(5) There is a change of business which would require a change in a business tax receipt or certificate of occupancy.
(6) The business or building has been abandoned.
(7) An applicable amortization period has expired.
(D) Amortization schedule. Nonconforming signs subject to an adopted amortization schedule shall be brought into compliance with the standards of the Sign Code in accordance with the applicable amortization schedule. In accordance with F.S. § 70.20, an off-premise sign may only be required to be removed, altered or relocated after July 1, 2002 with payment of compensation or if the sign falls within an exception to that statute:
(1) Per Ordinance 1985-6; Regarding Signs in existence as of 1987. Per Ordinance 85-6 any sign which was determined to be nonconforming but for which a valid permit has been issued from any state, county, or city authority, or which has been in continuous existence from a date prior to February 28, 1987, were required to come into compliance by December 2, 1990. Any nonconforming sign which is not in full compliance by December 2, 1990 shall be removed.
(2) Per Ordinance 1985-6: Regarding Billboards and Off-Site Signs. Per Ordinance 85-6, any billboard or off-premise sign in existence as of November 13, 1984 was required to be removed in accordance with the following schedule:
(a) By December 1, 1984 for all such signs located within the corporate limits as of March 1, 1971, except those located within the area annexed on November 1, 1980.
(b) By February 8, 1986 for all such signs located within the area annexed on November 1, 1980.
(c) By September 1, 1986 for all such signs located within the area annexed on September 1, 1983.
(3) Per Ordinance 2013-31; Regarding Nonconforming Free-Standing Signs. Per Ordinance 2013-31 all free-standing signs in existence as of December 11, 2012 that are not in compliance with the requirement to have a pole cover that is at least 50% the width of the sign face or have a base at least 50% the width of the sign face, shall be removed or made to conform by no later than December 11, 2022.
(4) Nonconforming on-premise signs in the AOD and TO Districts.
a. Nonconforming on-premise signs in the AOD and TO Districts shall be removed or made to conform within five years of the effective date of this chapter, except that temporary window signs and a-frame signs shall be removed within one year of the effective date of this chapter.
b. For properties which are subject to a rezoning to either AOD or TO, nonconforming on-premise signs shall be removed or made to conform within five years of the effective date of the rezoning ordinance, except that temporary window signs and a-frame signs shall be removed within one year of the effective date of rezoning ordinance.
(E) Grandfathered signs. The following sign types are not subject to the requirements in subsections (A), (B), and (C) above. They may be altered, repaired, or restored regardless of the standards of the Sign Code.
(1) Landmark signs.
(a) Notwithstanding the provisions of this chapter, a sign owner may request designation from the City Commission as a landmark sign for certain signs, providing all of the following criteria are met:
1. The sign and use to which it pertains have been in continuous existence for not fewer than 25 years, or the sign is integrated into the architecture of the building.
2. The sign relates to a use which is or was located on the same property.
3. The sign is structurally safe or is capable of being made so without altering its historical significance.
4. The sign is unique.
(b) An applicant for a landmark sign shall attach a statement to their application explaining the manner in which the sign is unique and otherwise meets the requirements of this section.
(c) A landmark sign, approved and designated by the City Commission, shall be exempt from all other requirements of this chapter but shall not be altered or moved in any way which increases its non-compliance with this chapter.
(2) An on-premise sign for a permanent residential use for which a valid permit had been issued from any state, county or city authority on a date prior to February 28, 1977 or which has been in continuous existence from a date prior to February 28, 1977.
(3) An existing free-standing sign which is not in compliance with the four-foot setback per § 157.14(B)(3)(a) but which complied with the setback requirements when constructed. The property owner shall enter in a revocable license agreement with the City Commission in a form approved by the City Attorney to establish the sign as a grandfathered sign provided the following:
(a) The City Engineer determines the sign is not and will not be a public safety hazard; and
(b) The agreement contains a provision that:
1. The sign shall be removed upon notice by the city, county or state at property owner's expense;
2. The property owner indemnify and hold the city, its official and employees harmless;
3. The agreement may not be assigned.
(Ord. 85-6, passed 11-13-84; Am. Ord. 92-11, passed 11-19-91; Am. Ord. 2002-21, passed 1-8-02; Am. Ord. 2007-57, passed 7-10-07; Am. Ord. 2013-31, passed 12-11-12; Am. Ord. 2017-29, passed 2-28-17) Penalty, see § 10.99