A. Inspections And Maintenance Of Existing Signs:
1. Inspections:
a. All signs shall be subject to inspections by the committee.
2. Maintenance:
a. Every sign and sign structure, including those signs and sign structures for which no permit or permit fees are required, shall be maintained in good structural condition at all times. All such signs and sign structures shall be kept neatly painted, including all metal parts and supports that are not galvanized, or of rust resistant materials, or designated to be intended to rust on the material submitted for approval of permit.
b. The committee shall inspect and have the authority to order painting, repair, alteration, or removal of a sign or sign structure that shall constitute a nuisance or hazard to safety, health, or public welfare by reason of inadequate maintenance, dilapidation, obsolescence or abandonment, or which shall constitute a hazard for any other reason.
B. Nonconforming Signs:
1. Intent: It is the intent of this section to recognize that the eventual elimination, as expeditiously as possible, of existing signs that are not in conformity with the provisions of this chapter, is as much a subject of health, safety, and welfare as is the prohibition of new signs that would violate these regulations. It is also the intent of this section that any elimination of nonconforming signs shall be effected so as to avoid any unreasonable invasion of established property rights.
2. General Provisions:
a. A nonconforming sign may not be:
(1) Changed to another nonconforming sign.
(2) Structurally altered so as to extend its useful life.
(3) Expanded.
(4) Reestablished after discontinuance for ninety (90) days or more.
(5) Reestablished after damage or destruction of more than fifty percent (50%) of its present replacement value.
b. An owner of an existing nonconforming sign may, with approval by the committee, maintain said sign as required by this chapter and may bring the sign more into compliance with the ordinance with the understanding that the sign is still nonconforming and subject to removal as defined in subsection D of this section.
3. Amortization Requirements:
a. Amortization Schedule: All nonconforming signs shall conform to provisions of this chapter by October 1, 2000.
b. Extensions: Extensions to the amortization schedule may be granted by the committee for a maximum period of one year provided the applicant for the extension shall demonstrate to the committee a genuine and substantial attempt to comply with the provisions of this chapter, and there are unusual conditions involved which would make the literal enforcement of the regulations of the amortization schedule hereinabove result in practical difficulties which are unnecessary for the purpose of this chapter. The applicant for an extension shall submit the following information to accompany the application for extension:
(1) Conformance: Information demonstrating bona fide attempt by the applicant to bring the sign into conformance.
(2) Cost Estimates; Inability To Conform: If the applicant is requesting a stay on economic hardship grounds, a thorough cost estimate delineating the costs to conform and a statement of finances showing applicant's inability to correct the sign.
(3) Process Of Conformance: A statement of what the applicant intends to do during the period of stay to bring signs into conformance. The committee recommends reasonable interpretation of the provisions.
(4) Appeals: Appeals shall be in accordance with the provisions of subsection F of this section.
C. Variances:
1. Intent Of Variance Provision: Variance from the terms of this chapter shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location, or surroundings, the strict application of this chapter deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification and other restrictions by P&Z upon recommendation by the committee.
2. Authority Of The Committee:
a. The committee shall have the authority to recommend variance requests to P&Z for approval from the strict application of the rules, regulations, and provisions of this chapter as follows:
(1) Jurisdiction: Before the committee shall have jurisdiction to recommend variances to P&Z, the applicant must show that due to the peculiar shape, size, location, or topography of the property, there are unusual conditions involved which would make the literal enforcement of the regulations of this chapter result in practical difficulties which are unnecessary for the purpose of this chapter and which would deprive the subject property of privileges enjoyed by other properties in the vicinity in the same zoning district classification and under the same sign code restriction.
(2) Limitations: Any variance which is granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the provisions herein, and with the limitations on other properties in the vicinity in the same zoning district and under the same ordinance restrictions in which the subject property is located.
(3) Minimum Adjustment: In granting the variance under the provisions of this section, the amount of adjustment granted shall be the minimum necessary to equalize the property rights. Such conditions and safeguards shall be prescribed in this variance as are necessary to protect the purpose and intent of this chapter, the visual character of the village at Winter Park and the general welfare of the community.
(4) Public Welfare: The granting of any variances shall not be materially detrimental to the public welfare or injurious to the property improvements in the vicinity. The committee shall ensure that the granting of a variance will be compatible with the purpose and intent of this chapter and will not be injurious to the public health, safety and general welfare.
D. Abatement And Removal Of Illegal Signs:
1. Abatement Of Signs Relating To Inoperative Activities:
a. Signs pertaining to activities or occupants that are no longer using a property shall be removed from the premises, or sign copy on such signs shall be obliterated within thirty (30) days after the associated enterprise or occupant has vacated the premises. Any such sign not removed within the required period shall constitute a nuisance and shall be subject to abatement.
b. The expense of such abatement shall be a lien against the property on which the sign was maintained and a personal obligation against the property owner. Said property owner shall first be served with a notice (sent by the Master Association, via registered mail, to the applicant and address listed on the permit application for said sign) to abate the nuisance and shall be given the opportunity for a hearing. If, after such opportunity for hearing, the committee directs its agents to remove the nuisance, they shall have authority to enter upon the private property to remove the sign constituting the nuisance.
c. New signs for building or property upon which an abandoned sign is located shall not be approved until the abandoned sign is removed.
d. The provisions of this subsection may be utilized separately from, as an alternative to, or in conjunction with any other remedy provided by law.
2. Confiscation Of Illegal Signs:
a. Illegal signs may be confiscated by the committee if the property owner does not remove the sign accordingly to this subsection D. The property owner may retrieve said signs from the committee following the completion of all legal actions.
E. Enforcement And Administration Of Provisions:
1. The Village At Winter Park Architectural Review Committee And The Winter Park Village Master Association: The committee by itself or through the Master Association shall adopt procedures for enforcement and administration of this chapter and shall employ those persons necessary for such administration and enforcement.
F. Appeals:
1. Appeals To The Master Association: Any person aggrieved by any decision of the committee may take appeals to the Master Association. The Master Association shall be the final arbiter of such appeals.
G. Violations And Penalties:
1. Violations: It shall be unlawful for any person(s) to erect, construct, alter, move, use, or maintain any sign or structure or cause or allow the same to be done contrary to, or in violation of, the provisions of this chapter. (Ord. 304, Series of 2000)
2. Penalties: For each and every violation of the provisions of this chapter, and for each and every day that such violation continues, said violation shall be punishable as set forth in subsection 1-4-1C of this code. Persons charged with a violation may include:
a. The owner, lessee, tenant, contractor, or any other persons using the land, building, or premises where such violation has been committed or exists.
b. Any person who knowingly commits, takes part, or assists in such violation.
c. Any person who maintains any land, building, or premises in which such violation exists. (Ord. 473, Series of 2013)