SIGNS
(a)
This Article shall be construed and implemented to create a comprehensive and balanced system of sign control which accommodates both the need for a well-maintained, safe and attractive community, and the need for effective business identification, advertising and communication in a manner that implements the goals, objectives, policies and standards in the city's comprehensive plan, particularly as set forth in the future land use and conservation elements. It is the intent of this Article, and it shall be interpreted, to promote the health, safety, convenience, aesthetics and general welfare of the community by controlling signs which are intended to communicate to the public, and to authorize the use of signs which are:
(1)
Compatible with their surroundings thereby enhancing the attractiveness and economic well-being of the city as a place to live and conduct business;
(2)
Designed, constructed, installed and maintained in a manner which does not endanger public safety or unduly distract motorists;
(3)
Appropriate to the type of activity to which they pertain;
(4)
Large enough to convey sufficient information about the owner or occupants of a particular property, the products or services available on the property, or the activities conducted on the property, and small enough to satisfy the aesthetic and safety needs of the community; and
(5)
Reflective of the identity and creativity of individual occupants.
(6)
This Article shall be interpreted in a manner consistent with the First Amendment guarantee of free speech. If any provision of this section is found by a court of competent jurisdiction to be invalid, such finding shall not affect the validity of other provisions of this section which can be given effect without the invalid provision.
(7)
Any sign erected pursuant to the provisions of this Article may, at the option of the owner, contain a noncommercial message in lieu of a commercial message.
(8)
Signs not expressly permitted under this Article, by specific requirements in another Section of the Land Development Code, or otherwise expressly allowed are prohibited.
(9)
A sign placed on land or on a building for the purpose of identification, protection or directing persons to a use conducted therein shall be deemed to be an integral but accessory and subordinate part of the principal use of land or building. Therefore, the intent of this Article is to establish limitations on signs in order to ensure they are appropriate to the land, building or use to which they are appurtenant, landscape and architecture of surrounding buildings, and are legible and adequate for their intended purpose while balancing the individual and community interests identified in Subsection (a) of this section.
(b)
The standards and regulations are designed to protect the city against:
(1)
The potential to obstruct views, distract motorists, displace alternative uses for land, and pose other problems or endangerments to public safety such that they legitimately call for regulation and permitting is necessary. The purpose of this article is to regulate the size, color, illumination, movement, materials, location, height and condition of all signs for exterior observation to ensure the protection of property values, the character of the various neighborhoods, the creation of a convenient, attractive, and harmonious community, protection against destruction of or encroachment upon historic areas, and the safety and welfare of pedestrians and wheeled traffic.
(2)
The unlimited proliferation in number and location of offsite and on-site signs, including mobile signs;
(3)
Construction and placement of oversized, unsightly, animated, flashing and other aesthetically unpleasant signs which dominate and detract from the surrounding visual environment;
(4)
Commercial and other signs being placed in residential and rural neighborhoods which unpleasantly commercialize and clutter such neighborhoods for residents and travelers;
(5)
Signs being constructed and placed without first obtaining proper permits as well as permission of the owner of the property on which the signs were placed;
(6)
Signs failing to be properly maintained once erected and placed; and
(7)
Signs which are placed dangerously in or near street or driveway intersections and rights-of-way so as to pose actual or potential hazards to traffic.
(Ord. No. 969, § 1, Exh. G, 9-18-2023)
Sign area and height shall be calculated as follows:
(a)
For signs having a distinct border or boundary, sign area is calculated by multiplying the length times the width or the entire surface contained within the border, boundary, sign board, or sign face.
Sign Calculations
Note: This drawing is not to scale. Dimensions and area are for example purposes and may not represent area and height requirements of this section.
(b)
For signs without distinct border or boundary, sign area is calculated by computing the area of a simple geometric figure consisting of not more than eight perpendicular lines which contains all of the writing, representation, emblem, or other display of the sign.
Sign Calculations
Note: This drawing is not to scale. Dimensions and area are for example purposes and may not represent area and height requirements of this section.
(c)
For signs with two identical faces, arranged back to back in parallel planes, and where the sign faces are separated by no more than 24 inches, the sign area must be calculated for one side only.
(d)
Sign height is determined by measuring the distance from the base of the sign or sign pole at grade to the top of the highest attached component of the sign. Grade must be construed to be the lower of either the existing grade before sign construction or the newly established grade after construction, exclusive of any filling, berming, mounding, or excavating solely for the purpose of locating the sign.
Sign Height
Note: This drawing is not to scale. Dimensions are for example purposes and may not represent area and height requirements of this section.
(e)
Supports, uprights or structure on which any sign is supported shall not be included in determining the sign area unless such supports, uprights or structure are designed in such a way as to form an integral background of the display.
(f)
In instances where there are multiple tenants or users on a property or in a building, the allowable sign area for all parties shall not exceed the maximum sign area computed as if there were a single tenant or user.
Sign Calculations
Note: This drawing is not to scale. Dimensions and area are for example purposes and may not represent area and height requirements of this section.
(g)
For uses proposing one or more wall, marquee, projecting, suspended, or awning sign, area is calculated as the total square footage for all signs combined, subject to the regulations outlined in Section 7.1.8.
Note: This drawing is not to scale. Dimensions are for example purposes and may not represent area and height requirements of this section.
(h)
On corner lots, either the front lot line or the corner side lot line may be used to compute sign area, not both.
(Ord. No. 969, § 1, Exh. G, 9-18-2023)
(a)
Any person intending to erect, relocate or alter any sign within the city shall, except as provided hereafter, first apply for and obtain a sign permit from the Community Development Department. The Chief Administrative Officer or his designee is authorized to promulgate rules and procedures to accommodate for the permit application process.
(b)
The following actions shall not require a permit but shall be subject to all other applicable rules and regulations:
(1)
Installation of a sign by a government or public agency.
(2)
Ordinary maintenance of signs, such as cleaning and painting.
(3)
Installation of a minor sign.
(4)
Installation of a temporary sign.
(Ord. No. 969, § 1, Exh. G, 9-18-2023)
Each application for signage shall be accompanied by permit fees as shall from time to time be established by resolution by the city council and are on file with the city clerk.
(Ord. No. 969, § 1, Exh. G, 9-18-2023)
The following signs shall be allowed in any zoning district without the necessity of obtaining a sign permit, providing such sign is not in conflict with any other provision of this Article. Noncompliance with the terms set forth below shall cause such sign to forfeit its exempt status and require the owner to obtain a permit as set forth in Section 7-1.3. Owners or lessees of such signs shall ensure that exempt signs conform to all other applicable regulations, and they shall be responsible for the safe and proper erection and maintenance of such signs. Failure to comply with the provisions of this section shall subject the violator to the penalties as outlined in Section 7-1.78. Each violation shall constitute a separate offense.
(a)
One non-illuminated sign not to exceed two square feet identifying a residence.
(b)
One temporary sign offering real estate for sale or to let by the owner or the owner's licensed broker or agent not to exceed six square feet in residential zones or 24 square feet in non-residential zones. Such signs shall not count towards the temporary sign allowance and shall be removed within ten (10) days of a property no longer available for sale or rent.
(c)
Signs, memorials or plaques erected by or on behalf of the United States of America, the state or local governments pursuant to and in discharge of any governmental function or required or permitted by any law, ordinance or governmental regulation.
(d)
Sandwich board signs. Such signs must be placed in a location so as not to impede pedestrian or vehicular visibility and general public safety and may only be placed outdoors in front of the advertised business during business hours. The sign shall be removed while the business or organization is closed and during severe weather events. One sandwich board sign will be allowed per building on single lot developments, or one sandwich board sign per unit in buildings designed as multiunit, independent, separate entry storefronts. One sign shall be allowed for non-residential or multi-family use and shall not count towards a use's temporary signage allowance. Sandwich board signs are not subject to temporary sign time limitations. Signs shall allow for a minimum sidewalk clearance of four feet.
(e)
Signs Located on Development and Constructions Sites. Such signs must be set back no less than ten feet from any property line and shall not be illuminated. One sign shall be allowed per acre, up to four signs. Signs shall not count towards the temporary sign allowance. Each sign shall be a maximum area of 48 square feet and eight feet in height. Signs shall be removed within ten days of the issuance of the last certificate of occupancy for any activity on the site or immediately upon the erection of a permanent sign for the site.
(f)
Signs necessary for the identification, operation or protection of public service structures or signs incident to a legal process or necessary to the public safety or welfare.
(g)
Drive aisle signs for directing or instructing signs for vehicular or pedestrian traffic and parking on private property, providing such signs bear no advertising matter and do not exceed six square feet in area.
(h)
Signs not visible from the public right-of-way. Signs that are displayed so as not to be visible from the public right-of-way and are directed toward pedestrians or vehicles on-site are not subject to this Ordinance.
(Ord. No. 969, § 1, Exh. G, 9-18-2023)
The following signs shall not be permitted in any zoning district within the city:
(a)
Abandoned or dilapidated signs.
(b)
Beacons.
(c)
Flags, pennants/streamers and spinners when used solely for the purpose of attracting attention or conveying messages to the public except when associated with new business openings, not to exceed 30 days.
(d)
Portable signs.
(e)
Signs which incorporate any flashing, moving or changing illumination or animation or which emit sound, odor or visible matter and signs which incorporate strobe lights in any manner. Time or temperature displays incorporated in signs which otherwise comply with all provisions of this section, are.
(f)
Signs using the words "stop," "danger" or any other word, phrase, symbol or character in a manner that misleads, confuses or distracts a vehicle driver.
(g)
Signs which pose a safety hazard to the general public.
(h)
Signs which exhibit statements, words or pictures of obscene or pornographic subjects.
(i)
Snipe signs.
(j)
Tethered balloons, flying paraphernalia and inflatable signs.
(k)
Vehicle signs. No person shall park any vehicle or trailer on a public right-of-way, or on public property or on private property so as to be visible from a public right-of-way which has attached thereto or located thereon any sign or advertising device for the basic purpose of providing advertisement of product, or directing people to a business or activity, located on the same or nearby property.
(l)
Signs accessory to an activity, business, product or service no longer produced or conducted on the premises upon which the sign is located.
a.
Billboards unless otherwise specified in this Ordinance.
b.
Roof signs unless otherwise specified in this Ordinance.
c.
Signs in the public right-of-way. Public signs or signs otherwise specified in this Ordinance are permitted. Signs projecting over public property shall be permitted in accordance with the building code only where no setbacks are required.
d.
Signs impeding traffic visibility and safe pedestrian and bicycle passage.
(Ord. No. 969, § 1, Exh. G, 9-18-2023)
(a)
Nonconforming signs shall be subject to the following:
(1)
Signs lawfully existing on the effective date of this Ordinance or prior ordinances, which do not conform to the provisions of this Ordinance, and signs which are accessory to a nonconforming use shall be deemed to be nonconforming signs and may remain except as qualified below. The burden of establishing nonconforming status of signs and of the physical characteristics/location of such signs shall be that of the owner of the property. Upon notice from the Code Enforcement Officer, a property owner shall submit verification that sign(s) were lawfully existing at time of erection. Failure to provide such verification shall be cause for order to remove sign(s) or bring sign(s) into compliance with the current ordinance.
(2)
All prohibited signs as defined by this Article.
(3)
All temporary signs other than those permitted by this Article.
(4)
Any nonconforming signs located within a public right-of-way.
(5)
Nothing in this Ordinance shall be deemed to prevent keeping in good repair a nonconforming sign. Nonconforming signs shall not be extended or structurally reconstructed or altered in any manner, except a sign face may be changed so long as the new face is equal to or reduced in height and/or sign area.
(b)
Subject to the limitation imposed by this regulation, all other nonconforming signs shall be maintained in good condition. However, nonconforming signs shall not be:
(1)
Structurally altered to prolong the life of the sign, except to meet safety requirements.
(2)
Altered in any manner that increases the degree of nonconformity.
(3)
Expanded.
(4)
Continued in use after cessation or change of the business or activity to which the sign pertains.
(5)
If a sign is destroyed or damaged to an extent exceeding 50 percent, it shall not be reconstructed but may be replaced with a sign that is in full accordance with the provisions of this Article. A nonconforming sign that is destroyed or damaged by any casualty to an extent not exceeding 50 percent of its area may be restored within two years after such destruction or damage but shall not be enlarged in any manner.
(6)
Continued in use when a conforming sign or sign structure shall be permitted and erected on the same premises or unit.
(7)
Continued in use if the property is sold or leased to another party, or when any land use to which the sign pertains has ceased for a period of 90 consecutive days.
(8)
A nonconforming sign which is changed to becoming conforming or is replaced by a conforming sign shall no longer be deemed nonconforming, and thereafter such sign shall be in accordance with the provisions of this Article.
(c)
Property owners with signs that are required to be removed as a result of any governmental activity may be permitted to move the existing sign to a new location on the same property. The sign's relocation may be permitted provided that the sign structure and new location will not exceed the scope of the structure's existing nonconformity and will not pose a safety hazard at the new location.
(d)
Unless otherwise subject to the provisions of F.S. § 70.20, any sign made nonconforming by this Ordinance shall be considered a nonconforming sign. All new and replacement signs shall conform to these Sign Regulations.
(e)
A nonconforming sign may not be enlarged or altered in a way which increases its degree of nonconformity, but any sign or portion thereof may be altered to decrease its degree of nonconformity.
(1)
A nonconforming sign shall not be structurally altered to prolong the life of the sign. Reasonable repair and maintenance of nonconforming signs, including change of copy, is permitted. Reasonable repair and maintenance means the work necessary to keep the sign, including the sign structure, in a good state of repair, but does not include replacement of materials in the sign structure. Reasonable repair does not include:
a.
Any modification that changes the structure, or type of structure, such as conversion of a wooden sign structure to a metal sign structure,
b.
Any modification, including the addition of embellishments, that changes the sign area or the height above ground level,
c.
Any modification that enhances the visibility of the signs copy, or the period of time that the copy is visible,
d.
Any modification that adds changeable faces, or
e.
Any modification that adds artificial lighting, or changes the existing lighting such that illumination is increased.
(f)
Should a nonconforming sign be damaged or destroyed by any means to an extent of more than 50 percent of its value as assessed by the Hernando County Property Appraiser at the time of damage or destruction, it shall not be reconstructed except in compliance with these regulations.
(g)
Should a nonconforming sign be moved for any reason, it shall thereafter conform to the regulations for the district in which it is located after it is moved.
(h)
A nonconforming sign shall be considered an abandoned sign and shall be removed if it has not been used, or if the property on which it is located has become vacant or unoccupied, for a period of 365 consecutive calendar days.
(Ord. No. 969, § 1, Exh. G, 9-18-2023)
The City of Brooksville Street Pole Banner Program allows the placement of banners on certain utility poles with approval of the pole owner. Applications for a permit to display street pole banners will be accepted by the Community Development Department.
(a)
Approved display areas. Street pole banners may be placed on existing utility poles that are located along Main Street/Howell Avenue, subject to clearance standards, permission from the utility pole owner and applicable standards as may be found in this Article and chapter 74 of the City of Brooksville Code of Ordinances.
(b)
Application for permit. Any person or entity who desires to display street pole banners to be located either within or outside of the boundaries of a coordinated street pole banner program area shall submit an application to the City of Brooksville Department of Public Works. An application form must be submitted to the Department of Public Works not more than six months or less than two months before the first date the street pole banners are proposed to be displayed. An application fee of $50.00 is required with the submission of the application.
(c)
Street banner and hardware standards. Street pole banners must be constructed of a material that can withstand the normal and reasonably expected forces of nature for the period of time they are displayed. The street pole banners shall not exceed an overall length of 60 inches and a width of 30 inches. Any hardware installed on utility poles to hold banners must first be approved by the Department of Public Works. All street pole banners and hardware shall be installed such that the bottom of the street banner is at least eight feet above the ground. If the street pole banner hardware hangs over or encroaches into the vehicular traffic way, the bottom of the banner must be at least 15 feet above the ground.
(d)
Duration of display. The street pole banners may be permitted to be in place for a period of at least seven days, but not more than 30 days, unless otherwise approved. As long as no other applicant has applied for permission to place street banners in the same location, that initial 30-day maximum period may be extended for additional 30-day periods.
(e)
Installation, maintenance and removal. Street pole banners and any hardware necessary to display them may be installed only by a licensed contractor approved by the city. Except as may be otherwise determined by the city, the applicant is responsible for all costs associated with installation, maintenance and removal of street pole banners and any hardware necessary to display them. The applicant is also responsible for any damage that may occur to the street pole banners, hardware, or utility poles while the street pole banners are being installed, displayed or removed.
(Ord. No. 969, § 1, Exh. G, 9-18-2023)
Editor's note— Ord. No. 969, § 1, Exh. G, adopted September 18, 2023, repealed § 7-1.9, which pertained to Violations and Penalties.
All signs shall be subject to the following regulations except where otherwise provided for in this Article:
(a)
Freestanding (Monument) or detached signs. Only one freestanding monument or detached sign shall be permitted on the premises. All freestanding or detached signs and all parts thereof shall be located at least 25 feet from all street right-of-way lines and at least 20 feet from all property lines or area of traffic circulation. The maximum height of such signs shall not exceed 16 feet and shall have the sign body extend uniformly to the ground and when such signs are located within a parking lot or area of traffic circulation shall provide for a clearance space of at least eight feet from all drive aisles so as not to obstruct the vision of approaching vehicles. No freestanding (monument) or detached sign shall exceed the allowable square footages in Table 7-1.10.1.
Not permitted
Permitted
Signs excepted from the above provisions may be permitted if one or more of the following circumstances are presented:
(1)
The parcel fronts 500 feet minimum on each of more than one street in which case two freestanding signs may be permitted provided the signs maintain a separation of 250 feet.
(2)
The parcel contains two or more units, each of which contain a business establishment or use with a separate identity from other uses on the premises in which case one freestanding (monument) sign not to exceed 32 square feet for one unit, 72 square feet for under four units or 96 square feet for four or more units may be permitted.
(3)
Freestanding (Monument) signs located in the central business district may be permitted to utilize five-foot setbacks from property lines provided such placement does not constitute a visual obstruction for pedestrian or vehicular traffic.
(4)
Freestanding (Monument) signs shall require landscape plans and comply with the following minimum landscape requirements unless otherwise specified in this subsection:
i.
Each sign shall be contained within a landscape area of not less than 75 square feet in size.
ii.
All sign landscape plantings and plant materials shall comply with this Ordinance. All such landscaping shall be maintained in good condition at all times by the owner, lessor or occupant of the premises upon which such sign is located.
iii.
All required plants shall be perennial, woody material. Herbaceous, annual plant material may be used, but shall not be counted toward the minimum planting requirements.
iv.
There shall be a minimum of ten three gallon shrubs planted for each freestanding sign. Each shrub shall contain a minimum of 15 to 18 inch spread; ground cover material shall be planted with no more than one foot of spacing.
v.
The sign landscape plan shall be submitted to the city Planner for review. Any modifications of these regulations shall be submitted in writing in accord with this Ordinance.
(b)
Residential entrance signs. Not more than two ground signs are permitted to be installed or erected at each entrance to a platted subdivision, multiple family development (apartments, condominiums and mobile home parks) provided the combined faces of each sign shall not exceed 48 square feet.
(c)
Wall or Attached signs. No wall or attached sign shall extend or project more than six feet above or beyond the building walls. A clear space of not less than eight feet shall be provided below all parts of such signs. In no case, however, shall an attached sign be permitted to extend or project beyond a line drawn perpendicularly upward from two feet inside the curbline facing a street or alley. No attached sign shall exceed ten percent of the total area of the exterior wall, including any glass area to which it is being attached.
(d)
Permanent signs shall only be permitted on improved properties.
(e)
Awning, marquee, projecting and suspended signs shall not be lower than eight feet from the sidewalk to the base of the sign.
(f)
Drive thru signs. Not more than two signs per drive aisle not exceeding 32 square feet per sign. Signs may be internally lighted.
(g)
Lighting. No sign shall be permitted which involves lighting or motion resembling traffic or directional signals, warnings or other similar devices which are normally associated with highway safety or regulations, or which constitutes a safety hazard or hindrance because of light, glare, focus, animation, rotation, flashing or intensity of illumination. Lighted signs shall be designated and located so as to prevent direct glare or hazardous interference of any kind to adjoining streets or properties.
(h)
Drive thru signs. Not more than two signs per drive aisle not exceeding 32 square feet per sign. Signs may be internally lighted.
(i)
Lighting. No sign shall be permitted which involves lighting or motion resembling traffic or directional signals, warnings or other similar devices which are normally associated with highway safety or regulations, or which constitutes a safety hazard or hindrance because of light, glare, focus, animation, rotation, flashing or intensity of illumination. Lighted signs shall be designated and located so as to prevent direct glare or hazardous interference of any kind to adjoining streets or properties.
(j)
Maintenance. Every sign shall be structurally sound, securely attached to its supporting structure, adequately maintained including proper alignment of structures, continued readability of the sign face and preservation of the structure with paint or other preservatives. Any sign which becomes a safety hazard, or which is not kept in a reasonably good state of repair shall be put in a safe and good state of repair within 30 days of written notice to the owner. The Code Enforcement Officer may declare cause to have removed or repaired immediately without written notice any sign which, in his or her opinion, has become insecure, in danger of falling, or otherwise unsafe, and, as such, presents an immediate threat to the safety of the public. If such action is necessary to render an unsafe sign as safe, the cost of such emergency removal or repair shall be at the expense of the owner or lessee. If any sign is not maintained in conformance with this Article, the administrative official shall give written notice of such nonconformance to the owner of such sign in accordance with the provisions of Section 7-1.11.
(k)
Building code compliance. All signs shall comply with the provisions of the standard building code.
(l)
Supplemental Sign Regulations for Signs Located on Culturally Significant Property.
(1)
Three additional freestanding signs may be located in any zoning district on culturally significant properties. These properties shall be declared as properties or sites of historic, cultural or environmental significance by the city, State of Florida, or United States. These signs shall be permitted with the following provisions:
i.
Signs shall be no more than four feet in height and seven square feet in area.
ii.
Signs shall be directed toward pedestrians or vehicles on-site.
iii.
Signs shall be exempt from landscaping requirements.
iv.
Signs shall not be internally or externally illuminated.
(m)
The owner of a permanent sign where the activity, use or business has ceased operating shall, within 60 days of the cessation of the activity, use or business operation, replace the sign face with a blank face, or if not feasible to replace the sign with a blank face, the sign and its supports/structure shall be removed until such time as a use or business has resumed operating on the property. An abandoned sign structure, which has not been accessory to an activity, use, or business for a period of two years or more shall be removed by the owner or lessee. If the owner or lessee fails to remove the sign structure, the Code Enforcement Officer shall give the owner 15 days written notice to remove it. Upon failure to comply with this notice, the Code Enforcement Officer may enter the property upon which the sign is located and remove any such sign or may initiate such action as may be necessary to gain compliance with this provision. The cost of such removal shall be chargeable to the owner of the property.
(n)
Supplementary regulations for temporary signs:
i.
Temporary signs by zoning district.
ii.
Permit not required. No permit shall be required for temporary signage.
iii.
Signs not visible from the public right-of-way. Signs that are displayed so as not to be visible from the public right-of-way and are directed toward pedestrians or vehicles on-site are not subject to this Ordinance.
iv.
Temporary Sign Regulations for all uses. Temporary signs shall not:
1.
Be allowed in the public right-of-way unless the sign is erected by a government or public agency or their authorized agent or is specifically allowed elsewhere in this Ordinance.
2.
Obstruct the view through window and door openings.
3.
Inhibit safe passage on streets, sidewalks, trails, multiuse paths, or the like.
4.
Obstruct access from sidewalks to transit stop areas, designated parking spaces, access ramps, and building exits.
5.
Be posted on or attached to any public property, including utility poles and streetlights, unless erected by a government or public agency or their authorized agent.
6.
Be posted for more than 90 days unless specifically addressed elsewhere in this Ordinance.
7.
Be internally or externally illuminated.
v.
Temporary Sign Regulations for non-residential use and multi-family residential:
Temporary signs shall be posted for no more than 90 days unless specifically addressed elsewhere in this Ordinance.
1.
One A-Frame sign shall be allowed for non-residential or multi-family use and shall not count towards a use's temporary signage allowance. A-frame signs are not subject to temporary sign time limitations. Signs shall allow for a minimum sidewalk clearance of four feet., A sign in the HRBD may be placed in the public right-of-way, subject to maintaining required ADA passage distance. In all other zoning districts, signs must be placed outside of the public right-of-way. The A-Frame sign shall be removed while the business or organization is closed and during severe weather events.
vi.
Banners and Feather Flags:
1.
Banners and feather flags shall not count towards the use's temporary sign allowance.
2.
Banners are typically affixed to a building. However, one ground mounted banner, no more than six feet in height and 32 square feet in area, may be allowed, provided it does not interfere with traffic visibility or pedestrian or bicycle passage. This ground mounted banner shall count towards the total banner allowance.
3.
Banners shall not be placed over or inside of windows and/or doors.
vii.
Signs Located on Property for Sale or Rent. Such signs shall not count towards the temporary sign allowance and shall be removed within ten days of a property no longer available for sale or rent.
viii.
Signs Located on Development and Constructions Sites. Such signs must be set back no less than ten feet from any property line and shall not be illuminated. One sign shall be allowed per acre, up to four signs. Signs shall not count towards the temporary sign allowance. Each sign shall be a maximum area of 48 square feet and eight feet in height. Signs shall be removed within ten days of the issuance of the last certificate of occupancy for any activity on the site or immediately upon the erection of a permanent sign for the site.
ix.
The Code Enforcement Officer shall have the authority to remove and dispose of any sign determined to be in violation of this Ordinance located upon public property.
(Ord. No. 969, § 1, Exh. G, 9-18-2023)
Those persons, including the property owner, lessor, lessee or occupant, who may violate any portion of this Article shall first be notified by certified mail citing time, place, date and nature of the violation and date certain when violation is to be brought into compliance. Violations existing beyond the above referenced date certain shall be deemed a civil infraction and shall be punished by a fine not to exceed $50.00. Each day any violation of any provision of this Article shall continue shall constitute a separate offense. The City shall have the right to remove any sign that remains in noncompliance beyond 30 days after notification. Violations which involve signs found to be structurally unsound, insecurely attached or otherwise posing hazards to the immediate safety and general welfare of the public are subject to the structure's removal by the city. The violator, upon receiving actual notice of the safety violations from the administrative official, shall be responsible for correcting the violation immediately, or the city is authorized to compel the structure to be removed. Signs impounded for a period of 30 days, if unclaimed, shall be disposed of as abandoned property in accordance with public law. The City will bill the owner for the cost of such removal, storage and disposal. If unpaid after 90 days, the sign will be considered abandoned and a lien will be filed on the property for the city's cost of removal, storage, disposal and legal processing.
(Ord. No. 969, § 1, Exh. G, 9-18-2023)
SIGNS
(a)
This Article shall be construed and implemented to create a comprehensive and balanced system of sign control which accommodates both the need for a well-maintained, safe and attractive community, and the need for effective business identification, advertising and communication in a manner that implements the goals, objectives, policies and standards in the city's comprehensive plan, particularly as set forth in the future land use and conservation elements. It is the intent of this Article, and it shall be interpreted, to promote the health, safety, convenience, aesthetics and general welfare of the community by controlling signs which are intended to communicate to the public, and to authorize the use of signs which are:
(1)
Compatible with their surroundings thereby enhancing the attractiveness and economic well-being of the city as a place to live and conduct business;
(2)
Designed, constructed, installed and maintained in a manner which does not endanger public safety or unduly distract motorists;
(3)
Appropriate to the type of activity to which they pertain;
(4)
Large enough to convey sufficient information about the owner or occupants of a particular property, the products or services available on the property, or the activities conducted on the property, and small enough to satisfy the aesthetic and safety needs of the community; and
(5)
Reflective of the identity and creativity of individual occupants.
(6)
This Article shall be interpreted in a manner consistent with the First Amendment guarantee of free speech. If any provision of this section is found by a court of competent jurisdiction to be invalid, such finding shall not affect the validity of other provisions of this section which can be given effect without the invalid provision.
(7)
Any sign erected pursuant to the provisions of this Article may, at the option of the owner, contain a noncommercial message in lieu of a commercial message.
(8)
Signs not expressly permitted under this Article, by specific requirements in another Section of the Land Development Code, or otherwise expressly allowed are prohibited.
(9)
A sign placed on land or on a building for the purpose of identification, protection or directing persons to a use conducted therein shall be deemed to be an integral but accessory and subordinate part of the principal use of land or building. Therefore, the intent of this Article is to establish limitations on signs in order to ensure they are appropriate to the land, building or use to which they are appurtenant, landscape and architecture of surrounding buildings, and are legible and adequate for their intended purpose while balancing the individual and community interests identified in Subsection (a) of this section.
(b)
The standards and regulations are designed to protect the city against:
(1)
The potential to obstruct views, distract motorists, displace alternative uses for land, and pose other problems or endangerments to public safety such that they legitimately call for regulation and permitting is necessary. The purpose of this article is to regulate the size, color, illumination, movement, materials, location, height and condition of all signs for exterior observation to ensure the protection of property values, the character of the various neighborhoods, the creation of a convenient, attractive, and harmonious community, protection against destruction of or encroachment upon historic areas, and the safety and welfare of pedestrians and wheeled traffic.
(2)
The unlimited proliferation in number and location of offsite and on-site signs, including mobile signs;
(3)
Construction and placement of oversized, unsightly, animated, flashing and other aesthetically unpleasant signs which dominate and detract from the surrounding visual environment;
(4)
Commercial and other signs being placed in residential and rural neighborhoods which unpleasantly commercialize and clutter such neighborhoods for residents and travelers;
(5)
Signs being constructed and placed without first obtaining proper permits as well as permission of the owner of the property on which the signs were placed;
(6)
Signs failing to be properly maintained once erected and placed; and
(7)
Signs which are placed dangerously in or near street or driveway intersections and rights-of-way so as to pose actual or potential hazards to traffic.
(Ord. No. 969, § 1, Exh. G, 9-18-2023)
Sign area and height shall be calculated as follows:
(a)
For signs having a distinct border or boundary, sign area is calculated by multiplying the length times the width or the entire surface contained within the border, boundary, sign board, or sign face.
Sign Calculations
Note: This drawing is not to scale. Dimensions and area are for example purposes and may not represent area and height requirements of this section.
(b)
For signs without distinct border or boundary, sign area is calculated by computing the area of a simple geometric figure consisting of not more than eight perpendicular lines which contains all of the writing, representation, emblem, or other display of the sign.
Sign Calculations
Note: This drawing is not to scale. Dimensions and area are for example purposes and may not represent area and height requirements of this section.
(c)
For signs with two identical faces, arranged back to back in parallel planes, and where the sign faces are separated by no more than 24 inches, the sign area must be calculated for one side only.
(d)
Sign height is determined by measuring the distance from the base of the sign or sign pole at grade to the top of the highest attached component of the sign. Grade must be construed to be the lower of either the existing grade before sign construction or the newly established grade after construction, exclusive of any filling, berming, mounding, or excavating solely for the purpose of locating the sign.
Sign Height
Note: This drawing is not to scale. Dimensions are for example purposes and may not represent area and height requirements of this section.
(e)
Supports, uprights or structure on which any sign is supported shall not be included in determining the sign area unless such supports, uprights or structure are designed in such a way as to form an integral background of the display.
(f)
In instances where there are multiple tenants or users on a property or in a building, the allowable sign area for all parties shall not exceed the maximum sign area computed as if there were a single tenant or user.
Sign Calculations
Note: This drawing is not to scale. Dimensions and area are for example purposes and may not represent area and height requirements of this section.
(g)
For uses proposing one or more wall, marquee, projecting, suspended, or awning sign, area is calculated as the total square footage for all signs combined, subject to the regulations outlined in Section 7.1.8.
Note: This drawing is not to scale. Dimensions are for example purposes and may not represent area and height requirements of this section.
(h)
On corner lots, either the front lot line or the corner side lot line may be used to compute sign area, not both.
(Ord. No. 969, § 1, Exh. G, 9-18-2023)
(a)
Any person intending to erect, relocate or alter any sign within the city shall, except as provided hereafter, first apply for and obtain a sign permit from the Community Development Department. The Chief Administrative Officer or his designee is authorized to promulgate rules and procedures to accommodate for the permit application process.
(b)
The following actions shall not require a permit but shall be subject to all other applicable rules and regulations:
(1)
Installation of a sign by a government or public agency.
(2)
Ordinary maintenance of signs, such as cleaning and painting.
(3)
Installation of a minor sign.
(4)
Installation of a temporary sign.
(Ord. No. 969, § 1, Exh. G, 9-18-2023)
Each application for signage shall be accompanied by permit fees as shall from time to time be established by resolution by the city council and are on file with the city clerk.
(Ord. No. 969, § 1, Exh. G, 9-18-2023)
The following signs shall be allowed in any zoning district without the necessity of obtaining a sign permit, providing such sign is not in conflict with any other provision of this Article. Noncompliance with the terms set forth below shall cause such sign to forfeit its exempt status and require the owner to obtain a permit as set forth in Section 7-1.3. Owners or lessees of such signs shall ensure that exempt signs conform to all other applicable regulations, and they shall be responsible for the safe and proper erection and maintenance of such signs. Failure to comply with the provisions of this section shall subject the violator to the penalties as outlined in Section 7-1.78. Each violation shall constitute a separate offense.
(a)
One non-illuminated sign not to exceed two square feet identifying a residence.
(b)
One temporary sign offering real estate for sale or to let by the owner or the owner's licensed broker or agent not to exceed six square feet in residential zones or 24 square feet in non-residential zones. Such signs shall not count towards the temporary sign allowance and shall be removed within ten (10) days of a property no longer available for sale or rent.
(c)
Signs, memorials or plaques erected by or on behalf of the United States of America, the state or local governments pursuant to and in discharge of any governmental function or required or permitted by any law, ordinance or governmental regulation.
(d)
Sandwich board signs. Such signs must be placed in a location so as not to impede pedestrian or vehicular visibility and general public safety and may only be placed outdoors in front of the advertised business during business hours. The sign shall be removed while the business or organization is closed and during severe weather events. One sandwich board sign will be allowed per building on single lot developments, or one sandwich board sign per unit in buildings designed as multiunit, independent, separate entry storefronts. One sign shall be allowed for non-residential or multi-family use and shall not count towards a use's temporary signage allowance. Sandwich board signs are not subject to temporary sign time limitations. Signs shall allow for a minimum sidewalk clearance of four feet.
(e)
Signs Located on Development and Constructions Sites. Such signs must be set back no less than ten feet from any property line and shall not be illuminated. One sign shall be allowed per acre, up to four signs. Signs shall not count towards the temporary sign allowance. Each sign shall be a maximum area of 48 square feet and eight feet in height. Signs shall be removed within ten days of the issuance of the last certificate of occupancy for any activity on the site or immediately upon the erection of a permanent sign for the site.
(f)
Signs necessary for the identification, operation or protection of public service structures or signs incident to a legal process or necessary to the public safety or welfare.
(g)
Drive aisle signs for directing or instructing signs for vehicular or pedestrian traffic and parking on private property, providing such signs bear no advertising matter and do not exceed six square feet in area.
(h)
Signs not visible from the public right-of-way. Signs that are displayed so as not to be visible from the public right-of-way and are directed toward pedestrians or vehicles on-site are not subject to this Ordinance.
(Ord. No. 969, § 1, Exh. G, 9-18-2023)
The following signs shall not be permitted in any zoning district within the city:
(a)
Abandoned or dilapidated signs.
(b)
Beacons.
(c)
Flags, pennants/streamers and spinners when used solely for the purpose of attracting attention or conveying messages to the public except when associated with new business openings, not to exceed 30 days.
(d)
Portable signs.
(e)
Signs which incorporate any flashing, moving or changing illumination or animation or which emit sound, odor or visible matter and signs which incorporate strobe lights in any manner. Time or temperature displays incorporated in signs which otherwise comply with all provisions of this section, are.
(f)
Signs using the words "stop," "danger" or any other word, phrase, symbol or character in a manner that misleads, confuses or distracts a vehicle driver.
(g)
Signs which pose a safety hazard to the general public.
(h)
Signs which exhibit statements, words or pictures of obscene or pornographic subjects.
(i)
Snipe signs.
(j)
Tethered balloons, flying paraphernalia and inflatable signs.
(k)
Vehicle signs. No person shall park any vehicle or trailer on a public right-of-way, or on public property or on private property so as to be visible from a public right-of-way which has attached thereto or located thereon any sign or advertising device for the basic purpose of providing advertisement of product, or directing people to a business or activity, located on the same or nearby property.
(l)
Signs accessory to an activity, business, product or service no longer produced or conducted on the premises upon which the sign is located.
a.
Billboards unless otherwise specified in this Ordinance.
b.
Roof signs unless otherwise specified in this Ordinance.
c.
Signs in the public right-of-way. Public signs or signs otherwise specified in this Ordinance are permitted. Signs projecting over public property shall be permitted in accordance with the building code only where no setbacks are required.
d.
Signs impeding traffic visibility and safe pedestrian and bicycle passage.
(Ord. No. 969, § 1, Exh. G, 9-18-2023)
(a)
Nonconforming signs shall be subject to the following:
(1)
Signs lawfully existing on the effective date of this Ordinance or prior ordinances, which do not conform to the provisions of this Ordinance, and signs which are accessory to a nonconforming use shall be deemed to be nonconforming signs and may remain except as qualified below. The burden of establishing nonconforming status of signs and of the physical characteristics/location of such signs shall be that of the owner of the property. Upon notice from the Code Enforcement Officer, a property owner shall submit verification that sign(s) were lawfully existing at time of erection. Failure to provide such verification shall be cause for order to remove sign(s) or bring sign(s) into compliance with the current ordinance.
(2)
All prohibited signs as defined by this Article.
(3)
All temporary signs other than those permitted by this Article.
(4)
Any nonconforming signs located within a public right-of-way.
(5)
Nothing in this Ordinance shall be deemed to prevent keeping in good repair a nonconforming sign. Nonconforming signs shall not be extended or structurally reconstructed or altered in any manner, except a sign face may be changed so long as the new face is equal to or reduced in height and/or sign area.
(b)
Subject to the limitation imposed by this regulation, all other nonconforming signs shall be maintained in good condition. However, nonconforming signs shall not be:
(1)
Structurally altered to prolong the life of the sign, except to meet safety requirements.
(2)
Altered in any manner that increases the degree of nonconformity.
(3)
Expanded.
(4)
Continued in use after cessation or change of the business or activity to which the sign pertains.
(5)
If a sign is destroyed or damaged to an extent exceeding 50 percent, it shall not be reconstructed but may be replaced with a sign that is in full accordance with the provisions of this Article. A nonconforming sign that is destroyed or damaged by any casualty to an extent not exceeding 50 percent of its area may be restored within two years after such destruction or damage but shall not be enlarged in any manner.
(6)
Continued in use when a conforming sign or sign structure shall be permitted and erected on the same premises or unit.
(7)
Continued in use if the property is sold or leased to another party, or when any land use to which the sign pertains has ceased for a period of 90 consecutive days.
(8)
A nonconforming sign which is changed to becoming conforming or is replaced by a conforming sign shall no longer be deemed nonconforming, and thereafter such sign shall be in accordance with the provisions of this Article.
(c)
Property owners with signs that are required to be removed as a result of any governmental activity may be permitted to move the existing sign to a new location on the same property. The sign's relocation may be permitted provided that the sign structure and new location will not exceed the scope of the structure's existing nonconformity and will not pose a safety hazard at the new location.
(d)
Unless otherwise subject to the provisions of F.S. § 70.20, any sign made nonconforming by this Ordinance shall be considered a nonconforming sign. All new and replacement signs shall conform to these Sign Regulations.
(e)
A nonconforming sign may not be enlarged or altered in a way which increases its degree of nonconformity, but any sign or portion thereof may be altered to decrease its degree of nonconformity.
(1)
A nonconforming sign shall not be structurally altered to prolong the life of the sign. Reasonable repair and maintenance of nonconforming signs, including change of copy, is permitted. Reasonable repair and maintenance means the work necessary to keep the sign, including the sign structure, in a good state of repair, but does not include replacement of materials in the sign structure. Reasonable repair does not include:
a.
Any modification that changes the structure, or type of structure, such as conversion of a wooden sign structure to a metal sign structure,
b.
Any modification, including the addition of embellishments, that changes the sign area or the height above ground level,
c.
Any modification that enhances the visibility of the signs copy, or the period of time that the copy is visible,
d.
Any modification that adds changeable faces, or
e.
Any modification that adds artificial lighting, or changes the existing lighting such that illumination is increased.
(f)
Should a nonconforming sign be damaged or destroyed by any means to an extent of more than 50 percent of its value as assessed by the Hernando County Property Appraiser at the time of damage or destruction, it shall not be reconstructed except in compliance with these regulations.
(g)
Should a nonconforming sign be moved for any reason, it shall thereafter conform to the regulations for the district in which it is located after it is moved.
(h)
A nonconforming sign shall be considered an abandoned sign and shall be removed if it has not been used, or if the property on which it is located has become vacant or unoccupied, for a period of 365 consecutive calendar days.
(Ord. No. 969, § 1, Exh. G, 9-18-2023)
The City of Brooksville Street Pole Banner Program allows the placement of banners on certain utility poles with approval of the pole owner. Applications for a permit to display street pole banners will be accepted by the Community Development Department.
(a)
Approved display areas. Street pole banners may be placed on existing utility poles that are located along Main Street/Howell Avenue, subject to clearance standards, permission from the utility pole owner and applicable standards as may be found in this Article and chapter 74 of the City of Brooksville Code of Ordinances.
(b)
Application for permit. Any person or entity who desires to display street pole banners to be located either within or outside of the boundaries of a coordinated street pole banner program area shall submit an application to the City of Brooksville Department of Public Works. An application form must be submitted to the Department of Public Works not more than six months or less than two months before the first date the street pole banners are proposed to be displayed. An application fee of $50.00 is required with the submission of the application.
(c)
Street banner and hardware standards. Street pole banners must be constructed of a material that can withstand the normal and reasonably expected forces of nature for the period of time they are displayed. The street pole banners shall not exceed an overall length of 60 inches and a width of 30 inches. Any hardware installed on utility poles to hold banners must first be approved by the Department of Public Works. All street pole banners and hardware shall be installed such that the bottom of the street banner is at least eight feet above the ground. If the street pole banner hardware hangs over or encroaches into the vehicular traffic way, the bottom of the banner must be at least 15 feet above the ground.
(d)
Duration of display. The street pole banners may be permitted to be in place for a period of at least seven days, but not more than 30 days, unless otherwise approved. As long as no other applicant has applied for permission to place street banners in the same location, that initial 30-day maximum period may be extended for additional 30-day periods.
(e)
Installation, maintenance and removal. Street pole banners and any hardware necessary to display them may be installed only by a licensed contractor approved by the city. Except as may be otherwise determined by the city, the applicant is responsible for all costs associated with installation, maintenance and removal of street pole banners and any hardware necessary to display them. The applicant is also responsible for any damage that may occur to the street pole banners, hardware, or utility poles while the street pole banners are being installed, displayed or removed.
(Ord. No. 969, § 1, Exh. G, 9-18-2023)
Editor's note— Ord. No. 969, § 1, Exh. G, adopted September 18, 2023, repealed § 7-1.9, which pertained to Violations and Penalties.
All signs shall be subject to the following regulations except where otherwise provided for in this Article:
(a)
Freestanding (Monument) or detached signs. Only one freestanding monument or detached sign shall be permitted on the premises. All freestanding or detached signs and all parts thereof shall be located at least 25 feet from all street right-of-way lines and at least 20 feet from all property lines or area of traffic circulation. The maximum height of such signs shall not exceed 16 feet and shall have the sign body extend uniformly to the ground and when such signs are located within a parking lot or area of traffic circulation shall provide for a clearance space of at least eight feet from all drive aisles so as not to obstruct the vision of approaching vehicles. No freestanding (monument) or detached sign shall exceed the allowable square footages in Table 7-1.10.1.
Not permitted
Permitted
Signs excepted from the above provisions may be permitted if one or more of the following circumstances are presented:
(1)
The parcel fronts 500 feet minimum on each of more than one street in which case two freestanding signs may be permitted provided the signs maintain a separation of 250 feet.
(2)
The parcel contains two or more units, each of which contain a business establishment or use with a separate identity from other uses on the premises in which case one freestanding (monument) sign not to exceed 32 square feet for one unit, 72 square feet for under four units or 96 square feet for four or more units may be permitted.
(3)
Freestanding (Monument) signs located in the central business district may be permitted to utilize five-foot setbacks from property lines provided such placement does not constitute a visual obstruction for pedestrian or vehicular traffic.
(4)
Freestanding (Monument) signs shall require landscape plans and comply with the following minimum landscape requirements unless otherwise specified in this subsection:
i.
Each sign shall be contained within a landscape area of not less than 75 square feet in size.
ii.
All sign landscape plantings and plant materials shall comply with this Ordinance. All such landscaping shall be maintained in good condition at all times by the owner, lessor or occupant of the premises upon which such sign is located.
iii.
All required plants shall be perennial, woody material. Herbaceous, annual plant material may be used, but shall not be counted toward the minimum planting requirements.
iv.
There shall be a minimum of ten three gallon shrubs planted for each freestanding sign. Each shrub shall contain a minimum of 15 to 18 inch spread; ground cover material shall be planted with no more than one foot of spacing.
v.
The sign landscape plan shall be submitted to the city Planner for review. Any modifications of these regulations shall be submitted in writing in accord with this Ordinance.
(b)
Residential entrance signs. Not more than two ground signs are permitted to be installed or erected at each entrance to a platted subdivision, multiple family development (apartments, condominiums and mobile home parks) provided the combined faces of each sign shall not exceed 48 square feet.
(c)
Wall or Attached signs. No wall or attached sign shall extend or project more than six feet above or beyond the building walls. A clear space of not less than eight feet shall be provided below all parts of such signs. In no case, however, shall an attached sign be permitted to extend or project beyond a line drawn perpendicularly upward from two feet inside the curbline facing a street or alley. No attached sign shall exceed ten percent of the total area of the exterior wall, including any glass area to which it is being attached.
(d)
Permanent signs shall only be permitted on improved properties.
(e)
Awning, marquee, projecting and suspended signs shall not be lower than eight feet from the sidewalk to the base of the sign.
(f)
Drive thru signs. Not more than two signs per drive aisle not exceeding 32 square feet per sign. Signs may be internally lighted.
(g)
Lighting. No sign shall be permitted which involves lighting or motion resembling traffic or directional signals, warnings or other similar devices which are normally associated with highway safety or regulations, or which constitutes a safety hazard or hindrance because of light, glare, focus, animation, rotation, flashing or intensity of illumination. Lighted signs shall be designated and located so as to prevent direct glare or hazardous interference of any kind to adjoining streets or properties.
(h)
Drive thru signs. Not more than two signs per drive aisle not exceeding 32 square feet per sign. Signs may be internally lighted.
(i)
Lighting. No sign shall be permitted which involves lighting or motion resembling traffic or directional signals, warnings or other similar devices which are normally associated with highway safety or regulations, or which constitutes a safety hazard or hindrance because of light, glare, focus, animation, rotation, flashing or intensity of illumination. Lighted signs shall be designated and located so as to prevent direct glare or hazardous interference of any kind to adjoining streets or properties.
(j)
Maintenance. Every sign shall be structurally sound, securely attached to its supporting structure, adequately maintained including proper alignment of structures, continued readability of the sign face and preservation of the structure with paint or other preservatives. Any sign which becomes a safety hazard, or which is not kept in a reasonably good state of repair shall be put in a safe and good state of repair within 30 days of written notice to the owner. The Code Enforcement Officer may declare cause to have removed or repaired immediately without written notice any sign which, in his or her opinion, has become insecure, in danger of falling, or otherwise unsafe, and, as such, presents an immediate threat to the safety of the public. If such action is necessary to render an unsafe sign as safe, the cost of such emergency removal or repair shall be at the expense of the owner or lessee. If any sign is not maintained in conformance with this Article, the administrative official shall give written notice of such nonconformance to the owner of such sign in accordance with the provisions of Section 7-1.11.
(k)
Building code compliance. All signs shall comply with the provisions of the standard building code.
(l)
Supplemental Sign Regulations for Signs Located on Culturally Significant Property.
(1)
Three additional freestanding signs may be located in any zoning district on culturally significant properties. These properties shall be declared as properties or sites of historic, cultural or environmental significance by the city, State of Florida, or United States. These signs shall be permitted with the following provisions:
i.
Signs shall be no more than four feet in height and seven square feet in area.
ii.
Signs shall be directed toward pedestrians or vehicles on-site.
iii.
Signs shall be exempt from landscaping requirements.
iv.
Signs shall not be internally or externally illuminated.
(m)
The owner of a permanent sign where the activity, use or business has ceased operating shall, within 60 days of the cessation of the activity, use or business operation, replace the sign face with a blank face, or if not feasible to replace the sign with a blank face, the sign and its supports/structure shall be removed until such time as a use or business has resumed operating on the property. An abandoned sign structure, which has not been accessory to an activity, use, or business for a period of two years or more shall be removed by the owner or lessee. If the owner or lessee fails to remove the sign structure, the Code Enforcement Officer shall give the owner 15 days written notice to remove it. Upon failure to comply with this notice, the Code Enforcement Officer may enter the property upon which the sign is located and remove any such sign or may initiate such action as may be necessary to gain compliance with this provision. The cost of such removal shall be chargeable to the owner of the property.
(n)
Supplementary regulations for temporary signs:
i.
Temporary signs by zoning district.
ii.
Permit not required. No permit shall be required for temporary signage.
iii.
Signs not visible from the public right-of-way. Signs that are displayed so as not to be visible from the public right-of-way and are directed toward pedestrians or vehicles on-site are not subject to this Ordinance.
iv.
Temporary Sign Regulations for all uses. Temporary signs shall not:
1.
Be allowed in the public right-of-way unless the sign is erected by a government or public agency or their authorized agent or is specifically allowed elsewhere in this Ordinance.
2.
Obstruct the view through window and door openings.
3.
Inhibit safe passage on streets, sidewalks, trails, multiuse paths, or the like.
4.
Obstruct access from sidewalks to transit stop areas, designated parking spaces, access ramps, and building exits.
5.
Be posted on or attached to any public property, including utility poles and streetlights, unless erected by a government or public agency or their authorized agent.
6.
Be posted for more than 90 days unless specifically addressed elsewhere in this Ordinance.
7.
Be internally or externally illuminated.
v.
Temporary Sign Regulations for non-residential use and multi-family residential:
Temporary signs shall be posted for no more than 90 days unless specifically addressed elsewhere in this Ordinance.
1.
One A-Frame sign shall be allowed for non-residential or multi-family use and shall not count towards a use's temporary signage allowance. A-frame signs are not subject to temporary sign time limitations. Signs shall allow for a minimum sidewalk clearance of four feet., A sign in the HRBD may be placed in the public right-of-way, subject to maintaining required ADA passage distance. In all other zoning districts, signs must be placed outside of the public right-of-way. The A-Frame sign shall be removed while the business or organization is closed and during severe weather events.
vi.
Banners and Feather Flags:
1.
Banners and feather flags shall not count towards the use's temporary sign allowance.
2.
Banners are typically affixed to a building. However, one ground mounted banner, no more than six feet in height and 32 square feet in area, may be allowed, provided it does not interfere with traffic visibility or pedestrian or bicycle passage. This ground mounted banner shall count towards the total banner allowance.
3.
Banners shall not be placed over or inside of windows and/or doors.
vii.
Signs Located on Property for Sale or Rent. Such signs shall not count towards the temporary sign allowance and shall be removed within ten days of a property no longer available for sale or rent.
viii.
Signs Located on Development and Constructions Sites. Such signs must be set back no less than ten feet from any property line and shall not be illuminated. One sign shall be allowed per acre, up to four signs. Signs shall not count towards the temporary sign allowance. Each sign shall be a maximum area of 48 square feet and eight feet in height. Signs shall be removed within ten days of the issuance of the last certificate of occupancy for any activity on the site or immediately upon the erection of a permanent sign for the site.
ix.
The Code Enforcement Officer shall have the authority to remove and dispose of any sign determined to be in violation of this Ordinance located upon public property.
(Ord. No. 969, § 1, Exh. G, 9-18-2023)
Those persons, including the property owner, lessor, lessee or occupant, who may violate any portion of this Article shall first be notified by certified mail citing time, place, date and nature of the violation and date certain when violation is to be brought into compliance. Violations existing beyond the above referenced date certain shall be deemed a civil infraction and shall be punished by a fine not to exceed $50.00. Each day any violation of any provision of this Article shall continue shall constitute a separate offense. The City shall have the right to remove any sign that remains in noncompliance beyond 30 days after notification. Violations which involve signs found to be structurally unsound, insecurely attached or otherwise posing hazards to the immediate safety and general welfare of the public are subject to the structure's removal by the city. The violator, upon receiving actual notice of the safety violations from the administrative official, shall be responsible for correcting the violation immediately, or the city is authorized to compel the structure to be removed. Signs impounded for a period of 30 days, if unclaimed, shall be disposed of as abandoned property in accordance with public law. The City will bill the owner for the cost of such removal, storage and disposal. If unpaid after 90 days, the sign will be considered abandoned and a lien will be filed on the property for the city's cost of removal, storage, disposal and legal processing.
(Ord. No. 969, § 1, Exh. G, 9-18-2023)