For the purpose of this article, certain terms and words pertain and are defined as follows:

Abandoned sign means any sign shall be considered abandoned if the business identified on the sign has not been conducting business at the site on which the sign is located or at the location noted on the sign for a period greater than 180 days. An abandoned sign includes the advertising structure.

Advertising structure means any structure, with or without advertising display thereon, erected or intended to inform, attract attention or advertise, and which is readily visible from any public place off the premises upon which the structure is located. Advertising structures shall include any fixture fastened to or painted on motorized and nonmotorized vehicles.

Animated or activated sign means a sign with physical action or motion, or giving the appearance thereof, through the use of illumination, wind or other mechanical means. Animated signs shall include flashing (cycles at intervals of less than six seconds) or oscillating signs and swinging signs, and shall exclude electronic message centers, electronic adjustable alternation displays, and time or temperature units.

Banner means any sign made of paper, cloth or fabric of any kind, having only such material for a backing. Banners may or may not have characters, letters, logos, illustrations or ornamentations applied thereto. Banners shall include any animated, rotating or fluttering devices designed to attract attention. Balloons shall be considered to be banners. Banners and balloons shall be permitted as temporary special event signs. Flags shall not be considered to be banners.

Bench sign means a sign which is attached or printed onto a bench which is placed along a public right-of-way and is an off-premises advertising sign.

Billboard means an off-premises sign larger than 32 square feet in size. See Off-premises sign.

Building frontage means the length of the face of the building or elevation measured along a road right-of-way, or a parking lot which provides access to the building, or the length of the face of the building or elevation measured along a major water body. If a building fronts on a road right-of-way, a parking lot or major water body, the definition set out under "building double frontage" shall apply. In no case shall the total sign surface calculations take into account more than two frontages.

Building double frontage means a building that has frontage on either: two streets; or two parking lots; or a street and a parking lot, or a street and a major body of water, or a parking lot, or a major body of water.

Business means a commercial or industrial activity or establishment providing goods or services.

Canopy sign means a sign which is suspended from, attached to, printed on or installed on an ornamental roof-like structure composed of rigid or nonrigid materials. Canopy signs shall include awnings and marquees.

Changeable copy sign means a sign or portion of a sign which has letters and characters that are not permanently attached to the sign which allows the message of the sign to change without repainting or removing any permanent part of the sign.

Changeable panel means a section of a sign face that is replaceable with a section having or forming a different message.

Development sign means any sign which is designed to identify a subdivision, neighborhood, mobile home park, multiple-family project or commercial or industrial development.

Digital billboard means an off-premise sign that utilizes digital message technology, capable of changing the static message or copy on the sign electronically. A "digital billboard" may be internally or externally illuminated.

Directional sign means any permanent or temporary sign which is used solely for the purpose of indicating the direction or location of any place, object or area. Directional signs shall include signs indicating ingress and egress from a site, guiding pedestrians or vehicles to any public or institutional building, place of worship, hospital, transportation facility or other similar public location.

Directory sign means a sign which lists the names of individuals or businesses occupying a building or complex of buildings on one site.

Double-faced sign means any sign with two parallel or nearly parallel faces of equal size which are placed back to back and whose faces are located not more than 48 inches from each other at the widest point of separation on the same structure. Where the separation exceeds 36 inches, an end panel is required to fully cover the separation space that faces the road, providing for the appearance of one solid sign. Double-faced signs shall be considered as one sign.

Electronic sign means any electronic message center, electronic adjustable alternation display, and time or temperature units that cycles at intervals of six seconds or greater.

Embellishment means a panel or component of any sign which extends beyond the border of the sign surface for the purpose of creative design.

Facade sign. See Wall sign.

Flag means a piece of fabric designed to be hung on one side from a flag pole.

Flashing sign. See Animated sign.

Freestanding sign means a sign which is supported by one or more columns, posts, uprights or braces which are anchored into the ground independently of any building or other structure. Freestanding signs shall include ground and pole signs.

Height means the vertical distance measured from finished grade to the highest point of the sign, unless otherwise defined in this article.

Identification sign means a sign which conveys the name or address of the establishment on the parcel where the sign is located.

Illegal sign means a sign which was erected without the required permit, or a sign which was erected with a building permit but not in accordance with the building permit.

Illuminated sign means a sign which emits artificial light from a source within the sign or reflects light from a source intentionally directed upon it.

Instructional sign means any sign that provides instruction, information or directives and is entirely located on the property to which it pertains and does not in any way advertise a business or contain a business logo or graphics (such as signs identifying restrooms, public telephones, and walkways and those similar in nature).

Memorial sign means a sign indicating a dedication or the name of the building which is cut into a masonry surface or constructed of metal as part of the building.

Nonconforming sign means any sign which was lawfully erected and was in active use on or before the effective date of the ordinance from which this article is derived but does not comply with the regulations of this article or any subsequent amendments.

Off-premise sign means any permanently affixed structure that is erected and maintained for the purpose of advertising the name of a business, services, accommodations, products or activities which are not available on the premises where the sign is located.

On-premise sign means any permanently affixed structure or mural that is erected and maintained for the purpose of advertising the name of a business, services, accommodations, products or activities which are available on the premises where the sign is located.

Permittee means a person who holds a permit issued for a sign or billboard.

Political campaign sign means a temporary sign erected by a political candidate or authorized representative thereof, for the purpose of advertising a candidate or stating a position regarding an issue which will appear on any primary, general or special election ballot in the unincorporated area of the county.

Portable sign means any sign which is not permanently affixed to a building, structure or the ground, or which is attached to its own trailer, wheels, or otherwise is designed or intended to be transported from one place or another. It is characteristic of a portable sign that the space provided for advertising messages may be changed at will by the replacement of lettering or symbols.

Professional sports stadiums mean a recreational complex that is owned/leased/or operated in connection with a nationally franchised professional sports organization.

Project sign means a temporary sign erected on the premises on which construction is taking place which identifies the project, the principal contractor, architect, engineer, lending institution or other entity involved in the construction of the project. Project signs shall include active subdivision and development signs advertising the sale or rental of available space or sale of lots in a subdivision under construction upon the site.

Projecting sign means a sign other than a wall sign which is attached to and extends from the outside wall or facade of a building.

Real estate sign means a temporary sign installed by the owner or his agent which advertises that a particular lot or a building or structure thereon is for sale, rent or lease. Real estate signs shall include real estate directional, open house and model home signs.

Roof sign means any sign attached to or erected over or on the roof of a building. Signs attached to or painted on a parapet wall shall not be considered roof signs.

Sign means any permanent or temporary device, including but not limited to writing, pictorial representations, emblems, symbols, logos and flags, which is used to inform, attract attention or advertise, and which is readily visible off the premises upon which the structure is located. Religious emblems or symbols and bulletin boards used to display official court or public office notices are not included in this definition. See also Advertising structure.

Sign surface area means the entire area within the periphery of a regular geometric form, or combination of regular geometric forms, comprising all of the display area of the sign. Surface area shall not include structural elements of the sign which contain no advertising matter. The surface area of the sign shall be measured from the outside edges of the sign or the sign frame, whichever is greater. The sign area shall include the total of a single side of sign surface upon which copy could be placed.

Snipe sign means any sign attached to a utility pole, tree, fence post or other object, or any sign installed without permission of the owner of the property where the sign is placed or on county right-of-way without proper permitting. Any sign designed to provide warning to the public shall not be considered to be a snipe sign.

Special event sign. See Temporary sign.

Subdivision sign. See Development sign.

Temporary sign means any sign not constructed or intended for permanent use.

Trailer sign. See Portable sign.

Vehicular sign means a sign affixed to or painted on a vehicle for the purpose of business advertising. Signs affixed to vehicles identifying the make and model of the vehicle shall be excluded from this definition.

Wall mural means a painting or an artistic work composed of photographs or arrangements of color that may display a noncommercial image which is painted onto and not attached or fastened to the external wall of a building. Commercial messages or logos are not wall murals and shall be counted towards the wall sign allocation.

Wall sign means an on-premises sign which is painted on, attached to or erected flush against the exterior wall of a building, and is supported by the building. A wall sign shall have only one advertising surface and shall not be construed to be a projecting sign. Signs attached to that portion of a mansard roof located below the deck line and facade signs shall be considered wall signs.

Window sign means any sign painted on, attached to or hung in any window or glass door of any building. Window signs do not include displays of merchandise.

(Code 1979, § 14-40(B); Ord. No. 95-05, § 1, 1-26-95; Ord. No. 98-30, § 1, 5-12-98; Ord. No. 03-07, § 1, 2-18-03; Ord. No. 03-47, § 1, 10-2-03; Ord. No. 2010-24, § 1, 11-23-10; Ord. No. 2011-03, § 1, 2-22-11; Ord. No. 2011-34, § 1, 12-13-11)

Cross reference— Definitions generally, § 1-2.

(a)

Violations of this article shall be enforced pursuant to section 1-7, general penalty; continuing violations or prosecuted before the code enforcement special magistrate pursuant to chapter 2, article VI, division 2. Nothing in this section shall prohibit enforcement by any other means provided by law.

(b)

Notwithstanding the provisions of this section, the county is authorized to remove, without notice, any sign on the county right-of-way, which it determines to be a safety hazard to the traveling public. Signs located in the county right-of-way in violation of this article are declared to be a safety hazard to the traveling public.

(Code 1979, § 14-40(L); Ord. No. 97-39, § 1, 10-7-97; Ord. No. 03-07, § 2, 2-18-03; Ord. No. 09-12, § 1, 4-14-09; Ord. No. 2011-34, § 2, 12-13-11)

(a)

It is the purpose and intent of this article to provide a comprehensive set of guidelines regulating the type, number size location and maintenance of all on-premises, off-premises and temporary signs and advertising structures in order to protect the health safety welfare and general well being of the citizens of the county. It is also the intent of this article to provide flexibility for reasonable identification and advertising by professional, commercial and industrial establishments while promoting traffic safety and avoiding visual blight and contributing to the overall aesthetic well-being of the citizens which translates to economic, social and general well-being of the county.

(b)

It is not the intent of this article to regulate the copy or content of signs or to give greater protection to either commercial or noncommercial speech. Any sign authorized by this article may contain noncommercial copy.

(c)

The county manager or designee shall have the authority to create administrative policies and procedures for the purpose of administration and enforcement of this article. Such administrative policies and procedures shall be in compliance with the intent and purpose of this article and shall not have the effect of waving requirements specifically provided for herein.

(Code 1979, § 14-40(A); Ord. No. 03-47, § 2, 10-2-03; Ord. No. 09-12, § 2, 4-14-09)

(1)

Any temporary sign pursuant to section 62-3317 shall be removed or made to conform to this article within 180 days from the effective date of the ordinance from which this article is derived.

(2)

A conforming sign or advertising structure shall not be issued a permit or allowed to be erected on the same place of business with an existing nonconforming sign until the nonconforming sign has been removed or brought into compliance and issued a permit, if required.

(3)

A nonconforming permanent sign shall not be modified in such a way which would increase the nonconformity of the sign. A nonconforming sign shall not be replaced by another nonconforming sign except for the change of copy or substitution of changeable panels.

(4)

Reasonable repair and maintenance of nonconforming signs, including change of advertising message, is permitted and is not a change, which would terminate the nonconforming status. Reasonable repair and maintenance means the work necessary to keep the sign structure in a state of good repair, including the replacement, in-kind, of materials in the sign structure. Where the replacement of materials is involved, such replacement may not exceed 50 percent of the structural materials in the sign within any 24-month period. The replacement value and repair and maintenance cost shall be determined by the submission of two written estimates from contractors, engineers, or architects.

(5)

A nonconforming sign may not be disassembled and re-erected at the same location.

(6)

A nonconforming sign may not be relocated.

(7)

A nonconforming sign may continue to exist so long as it is not destroyed, abandoned, or discontinued as follows:

a.

"Destroyed" means more than 50 percent of the upright supports of a sign structure are physically damaged such that the normal repair practices of the industry would call for replacement of the damaged support(s). A sign will not be considered "destroyed" within the meaning of this section under the following conditions:

1.

The destruction of a sign caused by vandalism or other criminal or tortuous act.

2.

The sign owner must demonstrate that the replacement materials cost would not exceed 50 percent of the value of the structural materials in the sign, immediately prior to destruction. The following shall be applicable in determining whether the replacement materials cost to re-erect the sign would not exceed 50 percent of the value of the structural materials in the sign:

A.

Structural materials are all those materials incorporated into the sign as load-bearing parts, including vertical supports, horizontal stringers, braces, bracing wires, brackets and catwalks. Structural materials do not include the sign face, and skirt, any electrical service, or electrical lighting, except in cases where such items have been incorporated into the sign as load-bearing parts.

B.

The value of the structural materials in the sign immediately prior to destruction shall be based on the cost of all structural materials contained in the sign as it was configured just prior to damage, and the cost of such materials shall be based on or about the date of destruction, without regard to any labor costs or special market conditions.

C.

The materials to be included in the replacement materials costs to re-erect the sign shall be all materials that would be used to return the sign to its configuration immediately prior to destruction, and shall include any material obtained from a source other than the sign itself, that is repaired on site. The repairs to the sign shall be those reasonably necessary to permanently repair the sign in accordance with the normal industry standard. The cost of such materials shall be as described in subsection (7)a.2.B., above.

b.

A nonconforming sign is "abandoned" or "discontinued" when the sign face which remains devoid of a bona fide advertising or when there is no bona fide advertising contract for 180 consecutive days or longer. Signs displaying an "available for lease" or similar message, signs displaying advertising for a product or service no longer available, and partially obliterated signs which do not identify a particular product, service, or facility shall be considered void of advertising matter. A nonconforming sign which is abandoned or discontinued shall lose its nonconforming status.

(8)

Any repair and maintenance or re-erection of a nonconforming sign pursuant to this section, without the required building or sign permit shall constitute prima facie evidence that the damage or adverse conditions exceeded the limits provided herein and result in the loss of nonconforming status.

(Code 1979, § 14-40(J); Ord. No. 98-30, § 2, 5-12-98; Ord. No. 99-57, § 1, 10-26-99; Ord. No. 03-47, § 3, 10-2-03; Ord. No. 2011-34, § 3, 12-13-11)

Editor's note— Ord. No. 2011-34, § 4, adopted Dec. 13, 2011, repealed § 62-3305, which pertained to removal of illegal or abandoned signs and derived from Code 1979, § 14-40(K); Ord. No. 99-57, § 2, adopted Oct. 26, 1999 and Ord. No. 09-12, § 3, adopted April 14, 2009.

(a)

Required permits and approvals; building permit. Except as provided in section 62-3307, exemptions from permit requirement, no person, property owner, or sign contractor shall erect, construct, locate, make structural repairs or maintain or permit to be erected, constructed, located, structurally repaired or maintained any sign on property located within the unincorporated area of the county, without prior issuance of a building or electrical permit by the county.

(b)

Transfer. Permits issued under this article may be transferred from one owner of the property or sign to another, but may not be transferred from one location or property to another.

(c)

Applications for required permits shall be approved or denied with written cause within 15 business days of submittal. The 15 business day period shall run from the date the applicant certifies in writing that the application is complete. In the event more information is required from the applicant to complete review of the application, the 15 business day period shall run from the receipt of the additional information. In the event the applicant has not been notified that the application has been denied upon the expiration of the 15 business day period, the permit shall be automatically issued and forwarded to the applicant.

(d)

Digital billboards may be permitted at existing off-premise sign structures, in non-residential zoning districts subject to the following requirements:

1.

The county shall only approve and issue permits for digital billboards that upgrade existing nonconforming billboards in instances where the county has made a legal settlement or agreed to do so in the course of condemnation and/or eminent domain proceedings. Otherwise, the general nonconforming provisions of this section shall apply.

2.

Operational limitations. Digital billboards shall contain static messages only and shall not have movement or the appearance or optical illusion of movement of any part of the sign structure, design, or pictorial segment of the sign. Each static message shall not include movement or the appearance of movement or the flashing, scintillating or the varying of light intensity.

3.

Minimum display time. Each message on the sign must be displayed for a minimum of six seconds.

4.

Digital billboard illumination shall be exempt from the requirements of section 62-2257.

5.

Each display shall have a light sensing device with dimming ability that will adjust the brightness of the billboard as ambient lighting conditions change. Light intensity will be adjusted so as not to exceed 0.3 foot candles above ambient lighting, as measured using a foot-candle meter at a present distance. The pre-set distance to measure the foot-candle impacts vary with the expected viewing distances and the face size of each sign noted below. Measurement shall be performed perpendicular from the sign face and at the distances stated for each face size:

6.

Notwithstanding the nonconforming status of an off-premise sign, where a settlement agreement has been reached in the course of condemnation and/or eminent domain proceedings, an existing off-premise sign structure may be permitted by the commission to be upgraded to a steel monopole type construction that will sufficiently handle the weight and load of a digital billboard and meet the requirements of the building code. Any such upgrade shall not violate any law of the State of Florida or the United States. This type of modification is only available where the owner of the billboard accepts a modified billboard in lieu of compensation for the billboard condemned. Payment for the billboard condemned makes the owner ineligible for the application of the modification of nonconforming billboard provisions contained herein. Billboard owners may be paid the cost of removal and demolition for the billboard condemned without losing eligibility to use the provisions of this ordinance.

7.

The technology currently being deployed for digital billboards is LED (light emitting diode), but there may be alternate, preferred and superior technology available in the future.

8.

Owners of digital billboards are encouraged to coordinate with the local authorities to display, without charge, on an as-needed basis, regional emergency information important to the traveling public including, but not limited to Amber Alerts, evacuation information, hurricane warnings or pertinent emergency management information.

(Code 1979, § 14-40(C); Ord. No. 98-30, § 3, 5-12-98; Ord. No. 03-47, §§ 4, 5, 10-2-03; Ord. No. 09-12, § 4, 4-14-09; Ord. No. 2010-24, § 2, 11-23-10; Ord. No. 2011-34, § 5, 12-13-11)

The following types of signs do not require a permit, provided that the sign complies with the applicable provisions of this article:

(1)

Change of copy. Any change of sign copy or the repainting of any sign face shall not require a permit.

(2)

Traffic regulatory, directional and instructional signs. Traffic regulatory, directional, and instructional signs erected by authorized agents of the county or state, a municipality, the federal government or a private development for the safety and welfare of the public shall not require a permit. However, such signs must comply with all applicable standards of the Manual of Uniform Traffic Control Devices.

(3)

Identification signs. Identification signs which do not require a permit include signs identifying only the name and address of the owners, occupants or buildings. Such signs shall not exceed an area of two square feet for a single-family residential structure or four square feet for a multiple-family, nonresidential or mixed use structure.

(4)

Flags and banners. Flags shall be exempt from permitting when the flag is displayed on a flag pole. Flags and banners shall meet the criteria set forth in subsection 62-3316(g).

(5)

Memorial signs. Memorial signs, including the names of buildings, dates of erection or historical data, shall be exempt from permitting when cut into any masonry surface, inlaid into the face or foundation or affixed to the face of a building.

(6)

Window signs. Window signs shall not require a permit, but shall not exceed 50 percent coverage of each individual window. Special event signs for nonprofit organizations, open and closed signs and signs indicating hours of operation shall not be used in calculating the 50 percent maximum.

(7)

Machine or equipment signs. Signs incorporated on machinery or equipment at the manufacturer's or distributor's level, which identify or advertise only the product or service dispensed by the machine or equipment, shall be exempt from permitting. These include but are not limited to signs customarily affixed to vending machines, newspaper racks and telephone booths. Gasoline and fuel pricing signs shall be exempt when required by law to be posted.

(8)

Political campaign signs. Nonilluminated political campaign signs and public issue signs shall be exempt from permitting, subject to the requirements of section 62-3317.

(9)

Holiday signs. Holiday signs, emblems, symbols and decorations for national or religious holiday observance shall be exempt from permitting.

(10)

Garage sale signs. Garage sale signs shall be exempt from permitting subject to the requirements set forth in section 62-3317.

(11)

Real estate signs. Signs for sale, lease or rental of real estate shall be exempt from permitting, subject to the requirements of section 62-3317. Real estate signs also include open house and model home signs.

(12)

Vehicular signs. Vehicular signs shall be exempt from permitting.

(13)

Public convenience and warning signs. Signs which identify the location of restrooms and public telephones and signs which indicate dangers of trespassing, swimming and animals shall be exempt from permitting.

(14)

Historical markers. Any sign, banner or symbol used for the purpose of designating a historical structure, place or site recognized by a governmental entity shall be exempt from permitting.

(15)

Temporary construction signs. Any temporary project sign under 32 square feet in size shall be exempt from permitting, subject to the provisions of section 62-3317, as applicable.

(Code 1979, § 14-40(D); Ord. No. 97-39, § 2, 10-7-97; Ord. No. 2011-34, § 6, 12-13-11)

All signs regulated by this article, including their supports, braces, guys and anchors, shall be maintained so as to ensure the structural integrity of the sign. Painted areas and sign surfaces shall be kept in good condition, and illumination, if provided, shall be maintained in safe and good working order.

(Code 1979, § 14-40(M))

(a)

Generally. The following types of signs are prohibited:

(1)

Signs which are placed on county property, including the county right-of-way, except for the following:

a.

Government regulatory signs;

b.

Emergency signs, warning signs erected by a governmental agency, public utility company, or contractor doing authorized or permitted work within the public right-of-way;

c.

Bus bench and shelter signs authorized by the board of county commissioners;

d.

Temporary signs which meet the criteria provided in subsection 62-3317(2);

e.

Beautification/landscaping sponsorship signs not exceeding four square feet in size and two feet in height.

(2)

Portable signs, except as provided in section 62-3317;

(3)

Signs which imitate authorized traffic signs, signals or devices;

(4)

Snipe signs;

(5)

Signs found by the code enforcement division or building division to be structurally unsafe or a hazard to public safety;

(6)

Abandoned signs;

(7)

Any series of two or more signs which must be read together to obtain a single message;

(8)

Animated signs or activated signs;

(9)

Roof signs, except when incorporated into the building plans as an integral part of the structure;

(10)

Any sign which is erected, constructed or located on a parcel or tract of land without obtaining the appropriate permits when a permit is required;

(11)

No off-premises signs shall be erected after October 16, 2003, except that upgrades, replacements, or modifications to existing signs may be permitted as authorized by this section for condemnation settlement proceedings addressing replacement of existing nonconforming off-premise signs or billboards and new digital or traditional billboards may replace existing nonconforming off-premise signs or billboards where the county has made a legal settlement or agreed to do so in the course of condemnation and/or eminent domain proceedings. A digital off-premise sign face approved pursuant to a condemnation settlement agreement may be relocated to an existing nonconforming off-premise sign structure at the sole discretion of the board.

(Code 1979, § 14-40(E); Ord. No. 97-39, § 3, 10-7-97; Ord. No. 99-49, § 1, 8-31-99; Ord. No. 03-47, § 6, 10-2-03; Ord. No. 2010-24, § 3, 11-23-10; Ord. No. 2011-34, § 7, 12-13-11; Ord. No. 2015-14, § 1, 5-26-15)

Editor's note— Ord. No. 2011-34, § 8, adopted Dec. 13, 2011, repealed § 62-3310, which pertained to construction standards and derived from Code 1979, § 14-40(F)(1) and Ord. No. 09-12, § 5, adopted April 14, 2009.

No sign shall be placed at any location on a lot or parcel of land where it may interfere with or obstruct free and clear vision for pedestrian, bicycle and vehicular traffic. In order to maintain a clear line of sight at intersections of roadways, sidewalks and bikepaths, no part of any sign or advertising structure shall be located closer than 25 feet to the intersection of any right-of-way lines, except as specifically provided for in section 62-3316(b)(4).

(Code 1979, § 14-40(F)(2))

No sign shall obstruct a fire escape, window, door or other opening used as a means of entry or exit which prevents the free passage of persons or which interferes with openings required for ventilation.

(Code 1979, § 14-40(F)(3))

Signs and their supporting structures shall maintain clearance with all aboveground and belowground utility equipment and lines, and shall in no case be erected in a drainage or utility easement or right-of-way except where specifically permitted.

(Code 1979, § 14-40(F)(4))

Illuminated signs shall be shielded with an opaque shade and directed so as to produce no glare on roadways and surrounding properties. Externally or internally illuminated signs shall be in compliance with section 62-2257, except as otherwise provided herein for digital billboards pursuant to subsection 62-3306(d)(4).

(Code 1979, § 14-40(F)(5); Ord. No. 2011-34, § 9, 12-13-11)

All signs shall be constructed and grounded so as not to cause interference with radio, television or other communication transmissions.

(Code 1979, § 14-40(F)(6))

(a)

Maximum surface area. A total sign surface area of two square feet for each linear foot of building frontage facing a public street or parking lot shall be allowed on each parcel or tract of land located in the IN(L), IN(H), GML(P, I, U, H), BU-1-A, BU-1, BU-2, TU-1, TU-2, RVP, RP, IU, IU-1, PBP and PIP zoning classifications; approved commercial areas within the RU-2-30, PUD or RPUD or within commercially developed agricultural tracts zoned GU, AU, PA or AGR to identify approved on-site businesses. The sign surface area of freestanding signs, wall signs, projecting signs and window signs shall be utilized to calculate the maximum allowable cumulative sign surface area.

(b)

Freestanding signs. (see also Overlay Districts)

(1)

Maximum number. One freestanding sign per each minimum parcel of land on a public street shall be permitted. Where the parcel is located on more than one street frontage, one freestanding sign shall be permitted on each street frontage. If the parcel has street frontage in excess of 200 feet, one additional freestanding sign shall be permitted for each 200-foot increment.

(2)

Size. The maximum allowable sign surface area for each freestanding sign shall be 150 square feet. In cases where more than one freestanding sign is permitted, the aggregate sign surface area shall not exceed 300 square feet.

(3)

Separation. Freestanding signs shall be placed no closer than 100 feet apart on the same parcel or tract of land and no closer than 50 feet from a freestanding sign located on an adjacent parcel or tract of land.

(4)

Setback. Freestanding signs shall maintain a minimum 15-foot setback from all property lines. Pole or pedestal-mounted signs shall maintain a clearance of eight feet from the bottom of the sign to the ground when located closer than 25 feet to any intersection (street or driveway). Ground signs shall be no higher than four feet when located closer than 25 feet to any intersection (street or driveway).

(5)

Maximum height. The maximum height for any freestanding sign shall be 20 feet.

(6)

Changeable copy. No more than 90 percent of the sign surface area of any permanent freestanding sign shall be a changeable copy sign.

(7)

Permitted zoning classifications. See Table 1 following this article.

(c)

Wall signs and murals.

(1)

Wall coverage. The total number of wall signs and coverage area is limited by the criteria in subsection (c)(2), below.

(2)

Size. The maximum allowable aggregate sign surface area for all wall signs on any structure shall not exceed one square foot per linear foot of building frontage facing a public street or parking lot, except that each separate establishment in a multiple-unit project shall be entitled to a minimum sign surface area of 20 square feet. Wall signage and commercial lettering/script incorporated within a wall mural shall not exceed ten percent of the square footage of the building wall, regardless of the number of signs.

(3)

Geometric area. Where individual letters or other graphic symbols are used separately or together to form the intended message, the size shall be determined by using the geometric area of the common shape which totally encloses the letters or symbols.

(4)

Changeable copy. No more than 90 percent of the sign surface area of any wall sign shall be a changeable copy sign.

(5)

Maximum projection and height. No wall sign shall project above the roofline or beyond the facade or wall of the structure to which the sign is attached.

Wall signs shall not project more than 12 inches out from the wall to which they are attached, and shall not project into the public right-of-way.

(6)

Permitted zoning classifications. See Table 1 following this article.

(d)

Projecting signs.

(1)

Maximum number and size. One projecting sign may be substituted for each wall sign provided that the aggregate sign surface area of the projecting sign shall not exceed the allowable sign surface area of the wall sign which the projecting sign replaces.

(2)

Maximum projection and height. Projecting signs shall not project more than four feet from the building wall on which the sign is attached. No projecting sign shall extend more than 20 feet above ground level to the top of the sign, and signs shall not project above the roofline of the structure on which the sign is attached. Projecting signs shall not project into the public right-of-way, and shall maintain a minimum clearance of eight feet from the ground to the bottom of the sign.

(3)

Under-canopy signs. Where an awning, canopy or marquee is utilized, an under-canopy sign may be hung from the awning, canopy or marquee provided that the sign is no larger than four square feet and maintains a minimum clearance of at least eight feet from the bottom of the sign to the sidewalk grade. No more than one under-canopy sign shall be utilized by each separate establishment, and the square footage of the sign shall be included in the maximum allowable sign surface area.

(4)

Changeable copy. No part of a projecting sign may be a changeable copy sign unless the tract or parcel of land does not have a freestanding sign. In a case where no freestanding sign exists on the property, no more than 90 percent of the surface area of the projecting sign shall be a changeable copy sign.

(5)

Distance from adjacent property or buildings. Projecting signs shall not be erected closer than five feet to another lot line or adjacent establishment.

(6)

Permitted zoning classifications. See Table I following this article.

(e)

Multifamily development.

(1)

Freestanding signs.

a.

Area. One freestanding sign for each street frontage shall be permitted as follows:

1.

Uses of 12 units or less: 16 square feet.

2.

Uses of 13 units or more: 24 square feet.

b.

Location. The sign may be a single sign with two faces of equal size if located within an entrance median within a private roadway or drive, or two single-faced structures of equal size located on each side of the entrance.

c.

Height and front setback. Maximum height shall be six feet with a minimum setback of ten feet from front property lines.

d.

Side setback. Minimum setback from side lot lines shall be ten feet.

(2)

Wall signs. One wall sign may be utilized in lieu of a freestanding sign of a maximum size as specified in subsection 62-3316(e)(1)(a) above. No projecting or roof signs shall be permitted.

(f)

Ingress and egress signs.

(1)

Maximum number. Two signs, for directional purposes only, shall be permitted at each point of ingress and egress to a parking area as approved on the site plan or plat.

(2)

Size. The maximum allowable sign surface area for each ingress and egress sign shall be four square feet. The sign surface area of ingress and egress signs shall not be included in the maximum allowable sign surface area.

(3)

Maximum height. Ingress and egress signs shall not exceed four feet in height as measured from the top of the sign to the grade of the road nearest to the base of the sign.

(4)

Permitted zoning classifications. See Table 1 following this article.

(g)

(1)

Flags.

a.

Maximum number. A maximum of four flagpoles shall be permitted per each minimum parcel of land. Only one flag shall be allowed on a flagpole.

b.

Maximum size. Flag size shall be in relation to the height of the flagpole. The maximum height of any flag shall be 25 percent of the total height of the flagpole. The maximum length of any flag shall be the ratio of two to one (twice the height) of the flag.

c.

Maximum height. The maximum height of a flagpole shall be 32 feet.

d.

Setback. Flagpoles shall maintain a 15-foot setback from all property lines and a 25-foot setback from any intersection (street or driveway).

e.

Permitted zoning classifications. See Table 1 following this article.

(2)

Banners.

a.

Banner content. It is not the intent of this section to regulate the copy or content of banners utilized at professional sports stadiums.

b.

Maximum banner area. At professional sports stadiums, there is no square footage limitation on the banner area. For all other banner usage the limitations stated in subsection 62-3317(5) shall be applied.

(h)

Overlay districts. Signage for properties located within the overlay districts defined herein shall meet the following supplemental sign criteria:

(1)

TU-2 zoning district—All properties within the TU-2 zoning classification.

a.

One freestanding sign may be permitted up to 250 square feet in area, if the property qualifies for more than one freestanding sign, the aggregate sign surface area shall not exceed 400 square feet.

b.

Maximum height of signs shall be based on the structural height thresholds specified in article VI of this chapter.

(2)

Merritt Park Place subdivision in the Merritt Island redevelopment area—All properties within the Merritt Place subdivision.

a.

The maximum allowable sign surface area for each freestanding sign shall be 64 square feet.

b.

Freestanding signs in the Merritt Park Place subdivision shall maintain a minimum seven and one-half foot setback from all property lines, except where coincident with the SR 520 right-of-way line. Otherwise, all other provisions as described above shall apply.

(3)

The Avenue—All properties within the PUD known as 'The Avenue', located in Viera.

a.

Total accumulative signage area (including window/wall signage, under-canopy signs, awning signage and freestanding sign opportunities) shall not exceed one and one-half square foot per linear foot of building frontage.

b.

Tenant signage which is "not readily visible" from a public street or adjacent property will not be considered as signage and not added to the accumulative signage area total.

(4)

North Courtenay Parkway Corridor—All properties with street frontage along North Courtenay Parkway north of the Barge canal to the Kennedy Space Center shall meet the following supplemental criteria for the review of all permits applied for on or after the effective date of this article.

a.

One additional freestanding sign for every 500 feet of street frontage beyond the first 200 feet of frontage, to a maximum of three total freestanding signs.

b.

Freestanding signs shall be placed no closer than 500 feet apart on the same parcel or tract of land.

c.

Freestanding signs shall be encased within a structure that is architecturally related to and compatible with the main building and overall architectural design of the development.

d.

All freestanding signs shall be ground signs and such signs shall be no more than 12 feet in height. Sign surface area shall be limited to 100 square feet for individual businesses. For sites containing multiple businesses, sign surface area shall be limited to 120 square feet.

e.

Landscaping shall be integrated with each freestanding sign and irrigation supply shall be located within 100 feet of the sign.

f.

Internal lighting of signs is prohibited.

g.

The use of fluorescent or day-glo materials is prohibited.

(Code 1979, § 14-40(G); Ord. No. 97-39, § 7, 10-7-97; Ord. No. 98-30, § 4, 5-12-98; Ord. No. 99-24, §§ 11, 12, 4-8-99; Ord. No. 02-013, § 1, 3-19-02; Ord. No. 09-12, § 6, 4-14-09; Ord. No. 2011-03, § 2, 2-22-11; Ord. No. 2011-34, § 10, 12-13-11)

All temporary signs and portable signs shall require a permit, except where exempted in section 62-3307.

(1)

Temporary signs.

a.

Maximum aggregate sign surface area. The maximum aggregate sign surface area shall not exceed 48 square feet per lot for temporary signs located within any residential zoning classification. The maximum allowable size for any temporary sign located on residentially zoned property shall not exceed 16 square feet. The maximum aggregate sign surface area for temporary signs located within any commercial or industrial zoned classifications shall not exceed 200 square feet per lot or site plan. Portable signs shall be included in determining the maximum aggregate sign surface area.

b.

Setback/size. Temporary signs located on private property shall meet the following criteria:

1.

If the temporary sign is located within five feet of the front (road frontage) property line, the temporary sign may be four square feet maximum and a maximum four feet in height measured from the ground.

2.

If the temporary sign is setback five to 15 feet, the temporary sign may be 32 square feet maximum and a maximum of ten feet in height measured from the ground. The temporary sign shall be located 25 feet or greater from any intersection (street or driveway).

3.

If the temporary sign is setback 15 to 25 feet, the temporary sign may be 40 square feet maximum and a maximum of 20 feet in height measured from the ground. The temporary sign shall be located 25 feet or greater from any intersection (street or driveway).

4.

If the temporary sign is setback 25 feet, the temporary sign may be 75 square feet maximum and a maximum of 32 feet in height measured from the ground. The temporary sign shall be located 25 feet or greater from any intersection (street or driveway).

5.

All temporary signs shall maintain a minimum 15-foot setback from all other property lines.

c.

Time limitation.

1.

Temporary signs subject to permitting requirements are not to be erected for more than 30 consecutive days per permit. No more than six temporary signs permits may be issued for location at a particular property within a 12-month period.

2.

Temporary signs exempt from permitting requirements and located on private property shall be posted as follows:

i.

Noncommercial temporary signs shall be removed or replaced every 30 days.

ii.

Temporary political campaign signs shall be removed within seven days after (1) withdrawal from candidacy, (2) elimination from candidacy, or (3) election to office.

iii.

All other temporary signs shall be removed within seven days after the completion of the event.

(2)

Temporary signs located in county rights-of-way. Directional signs may be located in the county right-of-way to direct traffic to special events, garage sales and real estate model homes and open houses, subject to the following criteria:

a.

Size and construction—Special event and garage sale signs. Special event and garage sale directional signs may not exceed four square feet. Signs shall be constructed of durable, low-impact materials, such as lightweight metal, plastic or wood products.

b.

Size and construction—Model home and open house signs. Model home and open house directional signs may not exceed four square feet and shall be constructed of metal or similar durable material, principally supported by a freestanding frame placed in the ground. Industry sponsored, multilocation real estate competitions shall be considered special events for the purposes of this subsection.

c.

Maximum height. The height of the sign, measured from the ground to the top of the sign, shall not exceed four feet.

d.

Setback. Signs shall be set back at least five feet from the edge of pavement or the face of curb where applicable. Signs shall not be located closer than 25 feet from any intersecting right-of-way lines and shall not be placed in the median.

e.

Time limitation. Signs may be displayed only during actual hours of operation.

f.

Maximum number. A maximum of six signs per each event location may be posted pursuant to this subsection. One sign per named roadway may be posted to direct traffic to the subject location. However, along highways of four lanes or more, a maximum of two signs may be posted, one for each traveled direction. Subsequent signs may be posted at a change of direction.

(3)

Portable signs.

a.

Maximum number. No more than three portable signs may be placed on the premises where an activity or event is taking place. Each portable sign shall be separated by a minimum distance of 100 feet. Such signs shall only use indirect lighting.

b.

Size. The maximum allowable size is 32 square feet, with a maximum allowable height of ten feet.

c.

Setback. Portable signs shall maintain a minimum setback of 15 feet from all property lines and 25 feet from any intersection (street or driveway).

d.

Time limitation. Portable signs shall not be erected for more than 30 consecutive days per permit. No more than four portable sign permits may be issued for location at a particular property within a 12-month period.

(4)

Temporary construction signs.

a.

Maximum number. An on-site temporary construction sign may be erected per street frontage after a preliminary plat (each phase of a subdivision) or site plan has been approved for the development. Where the subject property has street frontage in excess of 200 linear feet, one additional sign shall be permitted for each 200-foot increment.

b.

Size. The maximum allowable sign surface area of a temporary construction sign shall be 50 square feet.

c.

Setback. Temporary construction signs shall maintain a minimum 15-foot setback from all property lines.

d.

Maximum height. The maximum height of any temporary construction sign shall be four feet, except where the sign is set back 25 feet or more from any adjacent right-of-way, where the maximum height shall be eight feet.

e.

Time limitation. Temporary construction signs shall be removed once 90 percent of the subdivision is sold or leased by the developer. All other temporary construction signs shall be removed prior to the issuance of a final certificate of occupancy.

f.

Temporary off-premises directional signs. Temporary off-premises signs may be placed on vacant lots, tracts or parcels of land subject to the provisions of this subsection. The applicant shall have written permission of the owner prior to placing an off-premises construction sign on such vacant lot, parcel or tract of land.

(5)

Temporary special event signs.

a.

Banners may be permitted in any zoning district. A cold air inflatable sign may be permitted in all zoning districts except residential zoning districts.

b.

A special event sign shall not exceed 75 square feet in copy area per sign face.

c.

Banner signs shall be securely anchored to buildings, poles, or other structural supports but shall not be permitted to be attached to electric, telephone or other utility poles, guys, or devices.

d.

Two banner signs may be permitted on a parcel and shall not exceed 20 feet in height.

e.

A special event sign shall not be erected more than five days prior to the special event which it advertises, identifies, or announces and it shall be removed not more than one day after the special event terminates.

f.

No more than one permit for a special event sign shall be issued for any one parcel, or site within a three-month period.

g.

A special event sign shall be set back at least ten feet from all property lines and 25 feet from any intersection (street or driveway).

(Code 1979, § 14-40(H); Ord. No. 97-39, § 4, 10-7-97; Ord. No. 03-47, § 7, 10-2-03; Ord. No. 2011-34, § 11, 12-13-11)

(a)

Off-premises signs.

(1)

Findings, intent and purpose. The construction, erection, location, and use of off-premises signs currently affects the aesthetics, public safety and public welfare of the people of the county, The construction and erection of further off-premises signs within the county will:

a.

Further degrade the aesthetic attractiveness of the natural and manmade attributes of the community, thereby undermining the economic value of tourism and the permanent economic growth that is necessary for the promotion and preservation of the public welfare; and

b.

Have a further detrimental effect on traffic safety.

[(2)

Reserved.]

[(3)

Reserved.]

(4)

Enforcement and penalties. Each day an off-premises sign remains erected in violation of the ordinance shall constitute a separate violation and the sign owner or business responsible for erecting or constructing such sign is subject to a penalty of $500.00 per day until the sign is removed.

(5)

Board's power and right to legislate. This section shall not affect the board's powers and right to legislate or regulate an owner's obligation to maintain in good condition any off-premises sign already constructed and erected as of October 16, [2003,] removal of any off-premises sign from along any portion of a county, state, interstate highway system or the federal-aid primary highway system, or enforcement of this section. This section shall not affect the board's powers and right to enter into settlement agreements with sign owners allowing the installation of digital technology and the conversion of existing signs to digital billboards as part of a settlement of eminent domain proceedings.

(Code 1979, § 14-40(I); Ord. No. 99-49, § 2, 8-31-99; Ord. No. 03-47, § 8, 10-2-03; Ord. No. 2010-24, § 4, 11-23-10; Ord. No. 2011-34, § 12, 12-13-11)

Variances from the provisions of this article shall be heard by the board of adjustments pursuant to article II, division 5, variances of this chapter. Appeals from the administrative interpretation of this article shall be heard by the board of county commissioners pursuant to article II, division 6, appeals, of this chapter.

The county manager or designee, upon receipt of a written request for an appeal, shall schedule a time for hearing within 30 days and shall give notice of the time and place of the hearing to the applicant. A decision of the board shall be rendered in writing within 15 days of the appeal hearing. The applicant may appeal the boards' decision to the circuit court by filing a petition for writ of certiori with the clerk to the circuit court no later than 30 days after the decision. The status quo shall be maintained pending the outcome of judicial review unless otherwise ordered by a court of law.

(Ord. No. 97-39, § 5, 10-7-97; Ord. No. 03-47, § 9, 10-2-03; Ord. No. 09-12, § 7, 4-14-09)

TABLE 1. SIGNS BY TYPE AND ZONING CLASSIFICATION

On-premises Signs (Section 62-3316)

(Ord. No. 2011-34, § 13, 12-13-11)

Editor's note— Ord. No. 2011-34, § 13, adopted Dec. 13, 2011, repealed Art. IX, Table 1, which pertained to the same subject matter and derived from Code 1979, § 14-40; Ord. No. 97-39, § 6, adopted Oct. 7, 1997 and Ord. No. 2007-003, § 25, adopted Feb. 20, 2007.