9.1.1.

Purpose and Effect.

A.

The purpose of these sign regulations are:

?

To encourage the effective use of signs as a means of communication in the Town;

?

To maintain and enhance the aesthetic environment and the Town's ability to attract sources of economic development and growth;

?

To improve pedestrian and traffic safety;

?

To minimize the possible adverse effect on nearby public and private property;

?

To enable the fair and consistent enforcement of these sign restrictions.

B.

These sign regulations are intended to complement the requirements of the building and electrical codes adopted by the Town. Wherever there is inconsistency between these regulations and the building or electrical code, the more stringent requirement shall apply. A sign may be erected, placed, established, painted, created, or maintained in the Town only in conformance with the standards, procedures, exemptions, and other requirements of these regulations.

C.

The effect of these regulations as more specifically set forth herein, are:

1.

To establish a permit system to allow a variety of types of signs in commercial, industrial and public facility zones, and a limited variety of signs in other zones, subject to the standards and the permit procedures of these regulations;

2.

Signs not specifically outlined as allowed are prohibited;

3.

To provide for the enforcement of the provisions of these regulations. Compliance with the requirements of these regulations shall not constitute a defense to an action brought to abate a nuisance under the common law.

9.1.2.

Permit Required. It shall be unlawful for any person, agency, firm or corporation to erect, structurally modify (other than normal maintenance), replace or relocate within the Town of Astatula, any sign, except as exempted by this article without first obtaining a permit to do so from the Town Clerk and making payment of the permit fees as required. No permit for a sign shall be issued except in conformity with the provisions of this ordinance as administered by the Mayor or designee. Any additional permits which may be required (i.e., electrical and mechanical) shall be the responsibility of the owner/developer.

9.1.3.

Required Application Information.

A.

All applications for the sign permit required by this ordinance shall be made to the Town Clerk, or designee, upon forms provided by the Town and shall contain the following information:

1.

The name, address and telephone number of the applicant (sign owner);

2.

Zoning designation of parcel;

3.

The name of the person or company erecting and responsible for the sign structure;

4.

Drawings including a plan showing the location of the proposed installation, with particular dimensional reference to any adjacent streets, walks, and existing structures;

5.

A detailed plan of the proposed sign.

B.

All detached signs and signs 50 square feet (or larger) in area shall, in addition to the previous requirements, must submit the following information to obtain the sign permit:

1.

Two copies of plan drawn to scale showing all pertinent structural details, pressure requirements, electrical specifications and display materials in accordance with the requirements of the Florida Building Code.

2.

In addition to the above required data, the Building Official may require such additional information as he may deem necessary for making a determination as to the acceptability of a sign under this ordinance.

9.1.4.

Permit Fees. The Town of Astatula Fee Schedule has been adopted under separate Ordinance.

9.1.5.

Variances. All requests for variances to [this] article IX shall follow the procedures outlined in article I of these regulations.

9.1.6.

Definitions and Interpretation. Words and phrases used in this ordinance [article] shall have the meanings set forth in this article as well as article III, Definitions. All other words and phrases shall have their customary dictionary definitions, unless the context clearly requires otherwise. Section headings or captions are for reference purposes only and shall not be used in the interpretation of this ordinance.

Advertising Sign: A sign which directs attention to a business or profession conducted, or to a commodity, service or entertainment sold or offered elsewhere than upon such premises where such sign is located, or to which it is affixed.

A-Frame Sign: A sign not secured, not attached to the ground or which is free of structures upon the ground..

Banner Sign: Any sign intended to be hung either with or without frames, possessing characters, letters, illustrations or ornamentation's applied to paper, plastic or fabric of any kind. National flags, flags of political subdivisions, symbolic flags of any institution or business, or information painted or imprinted on awnings, as defined in this article, shall not be considered banners for the purpose of this article, such definition shall not include over-highway announcement signs erected by the Town.

Building Marker: Any sign indicating the name of a building and date and incidental information about its construction, which sign is cut into a masonry surface or made of bronze or other permanent material.

Building Sign: Any sign attached to any part of a building, as contrasted to a freestanding sign.

Business Sign: A sign which directs attention to a business or profession conducted, or to a commodity, service or entertainment sold or offered upon the premises.

Campaign Sign: A sign which announces or promotes a candidate for election to public office. Any sign which is designed to influence the action of the voters for the passage or defeat of a measure appearing on the ballot at any national, state, or local election.

Canopy Sign: Any sign that is a part of or attached to an awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor service area. A marquee is not a canopy.

Changeable Copy Signs: A sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged without altering the face or the surface of the sign. A sign on which the message changes more than eight times per day shall be considered an animated sign and not a changeable copy sign for purposes of this ordinance. A sign on which the only copy that changes is an electronic or mechanical indication of "time or temperature" portion of a sign and not a changeable copy sign for purposes of this ordinance.

Commercial Message: Any sign wording, logo, or other representation that, directly or indirectly, names, advertises, or calls attention to a business, product, service, or other commercial activity.

Freestanding Sign: Any sign supported by structures or supports that are placed on, or anchored in, the ground and that are independent from any building or other structure.

Ground Sign: A sign which is supported by structures in or upon the ground and independent of support from any building.

Height of Sign: The distance between the top of the sign and finished grade or the roadway, whichever is greater.

Holiday Decorations: Signs, lights, or ornamental displays of a primarily decorative nature, clearly incidental and customary and commonly associated with any national, local or religious holiday; or as specifically decreed by an official act of the Town Council for a special event or campaign.

Illuminated Sign: Any sign illuminated in any manner by an artificial light source.

Incidental Sign: A sign, generally informational, that has a purpose secondary to the use of the zone lot on which it is located, such as "no parking," "entrance," "loading only," "telephone," and other similar directives. No sign with a commercial message legible from a position off the zone lot on which the sign is located shall be considered incidental.

Instructional Sign: A sign conveying non advertising message related to the use of the premises or the movement of pedestrians and vehicles including, but not limited to, "no parking," "enter," "order here," etc.

Marquee: A marquee is defined as a permanent roof-like structure projecting beyond a building wall at an entrance to a building or extending along and projecting beyond the building's wall and generally designed and constructed to provide protection against the weather.

Marquee Sign: Any sign attached to and made a part of a marquee.

Nonconforming Sign: Any sign which does not conform to the regulations of this code.

Occupant Sign/Occupant Identification Sign: Any sign which carries only the name of the firm, major enterprise or products offered for sale on the premises, lot or parcel of land.

Off-Site Sign: A sign which does not relate in subject matter to the premises on which it is located, or to any products, accommodations, services or activities on the premises.

Pole Sign: A sign supported by at least one pole, pylon, or brace permanently secured to the ground which are not concealed.

Portable Sign: Any sign which is manifestly designed to be transported, including by trailer or on its own wheels, even though the wheels of such sign may be removed and the remaining chassis or support constructed without wheels is converted to an "A" or "T" frame sign or attached temporarily or permanently to the ground since this characteristic is based on the design of such a sign.

Real Estate Sign: A sign advertising real property on the parcel where the sign is located.

Roof Sign: Any sign erected or constructed wholly upon and over the roof of any building and supported solely on the roof structure.

Sandwich Sign: A two-sided, self-supporting sign with the base of the sign being the supporting structure and the connecting point located at the top of the sign.

Sidewalk Sign: See Sandwich Sign.

Sign: Any letter, figure, character, mark, plane, point, marquee sign, design, poster, pictorial, picture, stroke, stripe, line, trademark, reading matter, inflatable device, or illuminated surface, which shall be so constructed, placed, attached, painted, erected, fastened, or manufactured in any manner whatsoever, so that the same shall be used for the attraction of the public to any place, subject, person, firm, corporation, public performance, article, machine, or merchandise, whatsoever, which is displayed in any manner whatsoever.

Sign Area: The area enclosed by a rectilinear line of not more than eight sides drawn around the perimeter of the sign, including trim, embellishments and background which includes the copy.

Sign, Off-site: A sign which does not relate in subject matter to the premises on which it is located, or to any products, accommodations, services or activities on the premises.

Sign, On-site: A sign which is located on the property which is being advertised.

Snipe Sign: Any sign of any material whatsoever that is attached in any way to a utility pole, tree, fence post or any other similar object, or placed within public property or within a public right-of-way without Town approval.

Street Directory Sign: A sign owned, maintained and installed by the Town within a public right-of-way for the purpose of identifying a street name and businesses.

Subdivision Sign: A sign denoting the name of a subdivision for means of identifying the development. Subdivision signs may be placed on entry walls or be constructed as a separate monument sign. In nonresidential subdivisions, these signs shall not be calculated toward the allowable sign over area for any particular site. These signs must be located at the entrance to the subdivision.

Suspended Sign: A sign that is suspended from the underside of a horizontal plane surface and is supported by such surface.

Temporary Sign: Any sign to be erected for a short period of time and is not permanently mounted.

Trailer Sign: Any sign on a vehicle normally licensed by the State of Florida as a trailer and used for advertising or promotional purposes.

Wall Sign: Any sign painted on or attached to an erected structure parallel to the face of, or erected and confined within the limits of, the outside wall of any building and supported by such wall or building and which displays only one advertising surface.

9.1.7.

Nonconforming Signs. All signs or other advertising structures erected in the Town after the effective date of this ordinance shall conform to the provisions of these regulations. A nonconforming sign already in place as of the date of adoption of these Land Development Regulations shall be permitted to remain for a period of five years from the effective date of this ordinance but shall not be expanded or altered in such a manner as to increase the nonconformity. At the end of the five years from the effective date of the adoption of this ordinance, the sign must be removed and may be replaced with a sign in conformance with these regulations after following the appropriate steps for permitting and approval. The final date for conformance to these standards will be July 8, 2012.

9.1.8.

Exempt Signs. Signs of the following categories and the listed operations pertaining to signs shall not require the issuance of permits provided such signs and operations conform to other building, structural and electrical standards and regulations of the Town:

A.

Maintenance of existing signs.

1.

Painting, repainting, cleaning or other normal maintenance and repair not involving structural changes.

2.

Changing the advertising copy or message on an existing, approved, painted or printed sign, marquee, changeable copy sign or a similar approved sign whether electrical, illuminated, electronic changing message center or non-illuminated painted message which are all specifically designed for the use of replaceable copy.

B.

Directional or Instructional Signs. Signs which provide direction or instruction and are located entirely on the property to which they pertain and do not exceed eight square feet in area.

C.

Governmental Signs. Governmental signs for public information for direction, control of traffic and other regulatory purposes, street signs, danger signs, railroad crossing signs, and signs of public utilities which:

1.

Indicate danger or an aid to safety, or

2.

Which are erected by, on the order of, or with the approval of administrator in the performance of his/her public duty.

D.

Holiday Decorations. Signs of a primarily decorative nature, clearly incidental and customary and commonly associated with any generally recognized holiday or as specifically decreed by an official act of the Town Council for a special event or campaign. Such signs may be of any type, number, area, height, illumination or animation. Signs attached to a building or fence must be in a safe and reasonable manner and kept in good repair. Free standing displays not attached to a building or fence should be set back ten feet from all boundary lines of the lot on which displayed, provided that a clear area is maintained to a height of six feet, within 55 feet of the centerline of the intersection of two streets.

E.

Occupant Signs. Occupant signs denoting professional, commercial or public institutional buildings and not exceeding two square feet in area.

F.

Notice Bulletin Boards. Notice bulletin boards not exceeding 32 square feet in area for public buildings.

G.

No Trespassing or No Dumping Signs. No trespassing or no dumping signs not to exceed 1½ square feet in area per sign and/or not exceeding one per 50 feet per perimeter of lot.

H.

Symbols or Insignia. Religious symbols, commemorative plaques of recognized historical agencies or identification emblems or religious orders or historical agencies; provided that no such symbol, plaque or identification emblem shall exceed four square feet in area; and provided further that all such symbols, plaques and identification emblems shall be placed flat against a building.

I.

Warning Signs. Signs warning the public of the existence or danger, containing no advertising material, of a size as may be necessary, and to be removed upon subsidence of danger.

J.

Signs located in a building if not visible from outside are exempt.

K.

Residential Signs: Any sign located in a district zoned for residential uses that contains no commercial message except advertising for goods or services legally offered on the premises where the sign is located, if offering such service at such location conforms with all requirements of the zoning ordinance; yard sales, sale of the property or other similar events, provided the size of the sign is limited to four square feet, and no lights may be used to illuminate said sign

M.

Window Signs: Any sign, pictures, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service, that is placed inside a window or upon the window panes or glass and is visible from the exterior of the window. Neon and animated signs mounted on the interior and/or exterior of the window are allowed, up to 50 percent coverage of the window(s).

N.

Temporary Banners-Temporary banners not mounted on windows may be displayed for a period not to exceed 30 days. A waiting period of 30 days must pass before another banner not mounted on a window may be displayed. Temporary banners are not part of the percent allowed on the building front and are limited to a maximum size of 30 inches by 72 inches.

O.

Sidewalk and Sandwich Signs: Sidewalk and sandwich signs which are placed at the opening of each business day and removed at the end of each business day are exempt but will require a permit which must be renewed annually. Sidewalk and sandwich signs are only allowed in commercial zoning districts. Not to exceed 12 square feet per side.

P.

Banner Street Signs: Banner street signs may only be erected by the Town as instructed by Town Council and must for the general benefit of the Town as a whole or for the public convenience, necessity or welfare. These banners must be a minimum of 17 feet above the street.

Q.

Memorial signs or tablets, names of building and date of erection when cut into any masonry surface or when constructed of bronze or other noncombustible materials which do not exceed four square feet in area

R.

Non-illuminated "For Sale" or "For Rent" sign per parcel of property when such sign has an area per face of not more than 12 square feet in residential areas, not more than 32 square feet in developed commercial zones, and not more than 32 square feet on unimproved lands. Identification signs at the entrance drive of residences, estates, and ranches, which do not exceed four square feet in area

S.

One hard hat sign at each entrance to a construction area not to exceed four square feet each.

T.

Signs not visible from areas other than the site on which they are located.

U.

Legal notices, identification, informational or directional

V.

Flags and insignia of any government, except when displayed in connection with commercial promotion or directional.

9.1.9.

Signs allowed with Conditional Use Permit. Marquee and changeable copy signs will only be allowed in Public Facilities, Commercial and Industrial sites and must be approved painted or printed sign, marquee, changeable copy sign or a similar approved sign whether electrical, illuminated, electronic changing message center or non-illuminated painted message. Any type of electrical sign will require a Conditional Use Permit. All illuminated signs in Public Facilities, Commercial or Industrial districts shall be designed in such a manner as to avoid undue glare or reflection of light on residential property in the surrounding area.

9.1.10.

Signs Not in Use/Abandoned Signs. Signs which advertise or identify a business, firm, or similar activity must be removed, painted over, or properly covered within 60 days of the date said business, firm or similar activity goes out of business or vacates the premises. The removal of the sign shall be the responsibility of the owner of the property upon which the sign is located.

9.1.11.

Prohibited Signs. All signs not specifically outlined in this article are prohibited.

9.1.12.

Permitted Signs. The following signs are permitted in all districts as indicated, however a site plan showing the proposed location of the sign and a detailed plan for the sign must be submitted to the Town Clerk for a zoning clearance and for a building permit from the Building Official.

A.

Professional name plates not exceeding four square feet in area, except in single-family residential districts.

B.

One bulletin board for each street frontage for public, charitable or public assembly buildings located on the premises of said institutions and not exceeding 32 square feet in total area per side.

C.

Occupational signs denoting the name, street number, and business of an occupant of a commercial building or public institutional building, which are greater than two square feet and do not exceed four square feet in area.

D.

Construction project signs not exceeding 32 square feet in area. Such sign may not be erected more than 60 days prior to commencement of actual construction, can remain for the duration of an active building permit and must be removed within 15 days after issuance of a certificate of occupancy.

E.

Detached Signs (Ground or Elevated) for Commercial, Industrial and Public Facilities Districts. Unless otherwise specified in specific Districts, no on-site detached sign shall be erected, constructed or maintained nearer the property line than the building line established by law, except that such on-site detached signs conforming to the following conditions, specifications and limitations may be placed between the building line and the property line in required minimum yard areas:

1.

All detached signs shall be set back a minimum of five feet from any public right-of-way and 7½ feet from any side property line.

2.

Detached signs shall not exceed ten feet in height above ground level.

3.

Detached signs may be constructed of any substantial material provided said signs comply with all of the provisions of this article.

4.

Ground signs not in areas normally used as traffic lanes by vehicles and erected in an area so as to not inhibit visual clearance of vehicle.

5.

All detached signs shall be constructed of rigid construction materials in accordance with the Florida Building Code and be able to withstand the maximum wind velocity as set forth in the Florida Building Code.

6.

Wherever anchors or supports consist of wood embedded in soil, the wood shall be pressure-treated with an approved preservative.

7.

Each separate structure within a commercial district with a minimum of 30-foot lot frontage shall be permitted to one detached sign per structure. One square foot of sign area will be allowed per front foot of building frontage.

8.

Where a multiple occupancy complex of three or more establishments exist on a lot with frontage of 100 feet or more, a sign establishing the name of the complex may be provided in combination with the detached signs for the establishments provided the combined total of all signs do not exceed 144 square feet.

9.

Where a multiple occupancy complex of three or more establishments exist on a lot with frontage of 100 feet or more, a detached sign establishing the name of the complex on a separate sign in lieu of a combination of other detached signs provided said sign is no more than 100 square feet per face.

F.

Subdivision or Development Signs.

1.

No more than two signs at each entrance of a subdivision or development shall be permitted and no such sign be closer than 25 feet from the nearest occupied residence or business. Each such sign shall not exceed 64 square feet in area and shall be no closer than ten feet from any public right-of-way.

G.

Neighborhood Identification Signs. In any district a sign, masonry wall, landscaping and other similar materials or features may be combined to form a display for neighborhood or tract identification. Any symbol and lettering or combination shall cover no more than 50 percent of the area of the wall and such wall area shall contain no more than 150 square feet in area.

H.

Window Signs. Window signs shall not exceed 50 percent of the total window area.

I.

Wall Signs for buildings. Wall signs shall be permitted upon buildings or accessory structures as follows:

1.

Wall signs attached to exterior wall shall be safely and securely attached.

2.

Wall signs shall not extend a vertical distance of more than six inches above the roof line.

3.

Business establishments within all commercial districts may install or affix the on-site wall signs onto the front elevation of the actual business premises occupied by such establishment. All such signs shall conform to the following requirements:

4.

Where a business establishment is situated in such a manner that the front and side of the place of business abuts two separate streets, or another commercial lot, such establishment may install separate on-site wall signs on a maximum of two elevations, The sign must meet the size requirements of [subsection 9.1.12.I.3 of this section] the preceding paragraph of this subsection for each front.

J.

Marquee Signs. Marquee Signs shall be permitted upon buildings or structures provided that the following conditions shall be met:

1.

Marquee signs shall be at least eight feet above the sidewalk or ground level and shall not extend outside the line of the marquee. Marquee signs may be attached to the side or front of a marquee and such sign may not extend more than one foot below nor more than four feet above said marquee.

K.

Projecting Signs.

1.

All projecting signs must meet the requirements of the Florida Building Code.

2.

A projecting sign shall not be erected on the wall of any building so as to project above the roof or cornice wall or above the roof level where there is no cornice wall Clearance above ground level or grade shall be not less than eight feet.

3.

Each separate business establishment shall be entitled to install or affix one on-site projecting sign upon the front elevation

L.

Gas Station Signs. Any business where gasoline is sold at retail, in addition to the signs permitted in this article, shall be permitted to display a sign visible from the abutting right-of-way reflecting the current retail price of the various grades of gasoline, providing such sign is attached to a detached sign. Such signs shall not exceed 36 square feet in size and shall not exceed ten feet in height.

M.

Temporary Signs.

1.

Political Signs.

a.

Requirements.

(1)

All signs are required to be removed within five working days after the election. If said signs are not removed within the required five working days, the sign shall be forfeited and the Town shall remove such sign.

(2)

Such signs shall be erected by the property owner or tenant for a bona fide candidate or campaign committee upon qualifying for said election.

(3)

No political sign shall exceed four square feet aggregate area except billboards in commercial districts nor be constructed in such a manner as to constitute a roof sign. If the sign is detached from the building, it shall not exceed the existing grade by a height of four feet to the top of the sign.

(4)

No sign shall be located in or over the public right-of-way or on Town of Astatula property and shall not be permitted within 15 feet of the established roadway. No sign shall obstruct, impede or otherwise create a hazardous condition for the safe and normal flow of pedestrian or motor vehicle traffic. In the case of violation, said signs shall be removed and become the property of the Town and shall be destroyed.

(5)

Political signs may not be affixed to any tree or utility pole.

9.1.13.

General Performance Standards.

A.

Copy may be changed on any outside bulletin board, poster board, display encasement or marquee provided that the device upon which the copy is located meets all the requirements of this article.

B.

All illuminated signs in all zone districts shall be designed in such a manner as to avoid undue glare or reflection of light on residential property in the surrounding area.

9.1.14.

Maintenance. All signs shall be maintained in accordance with the following standards:

1.

All signs shall comply with applicable provisions of the building and electrical codes adopted by the Town.

2.

All signs shall be maintained in good structural condition and shall present a neat and clean appearance.

3.

The area, in front of, behind and underneath the base of ground signs for a distance of ten feet shall be maintained, and no rubbish or debris that would constitute a fire or health hazard shall be permitted under or near the sign.

9.1.16.

Violations, Enforcement. All violations are enforceable by the Code Enforcement Board or Special Magistrate.