It is the purpose of this article to promote the public health, safety, general welfare and economic viability through reasonable, consistent and non-discriminatory sign standards. While signs are primarily intended to promote a business, service or product, the sign regulations in this article are not intended to censor speech or to regulate viewpoints. The sign regulations are especially intended to reach the secondary effects that may adversely impact safety. The city is a small, primarily single-family residential community with a strong commercial community to support the residents. Because the city is located along a major route from points north to the tourist destinations along the Gulf of Mexico, the economic base of the city is enhanced by tourism. This ordinance desires to preserve and promote the city as a desirable community in which to live and do business. These regulations are intended to:

(1)

Encourage the effective use of signs as a means of communication in the city;

(2)

Maintain and enhance the aesthetic environment and the city's ability to attract sources of economic development and growth;

(3)

Improve pedestrian and traffic safety;

(4)

Foster the integration of signage with architectural and landscape designs;

(5)

Allow signs that are compatible with their surroundings and aid orientation.

(6)

Encourage and allow signs that are appropriate to the zoning district in which they are located and consistent with the category of use and function to which they pertain;

(7)

Foster positive business culture.

(8)

Regulate signs in a manner so as to not interfere with, obstruct the vision of motorists, bicyclists or pedestrians;

(9)

Except to the extent expressly preempted by state or federal law, ensure that signs are constructed, installed and maintained in a safe and satisfactory manner, and protect the public from unsafe signs;

(10)

Allow for traffic control devices consistent with national standards and whose purpose is to promote highway safety and efficiency by providing for the orderly movement of vehicles and pedestrians on streets and highways, and that notify the users of these regulations and provide warning and guidance needed for the safe, uniform and efficient operation of all elements of the traffic stream;

(11)

Enable the fair and consistent enforcement of these sign regulations.

(Ord. No. 881, § 18.106, 6-26-2017)

Notwithstanding anything in this chapter to the contrary, no sign or sign structure shall be subject to any limitation based upon the content (viewpoint) of the message contained on such sign or displayed on such sign structure.

(Ord. No. 881, § 18.107, 6-26-2017)

(a)

Separation.

(1)

No "off-premises" sign shall be located nearer than fifty (50) feet to any existing residence.

(2)

No "off-premises" sign shall be located nearer than one hundred (100) feet to any residential zone, measured along the common right-of-way.

(3)

No "off-premises" sign shall be located within five-hundred (500) feet from the boundary of any locally designated historic district, measured along the common right-of-way.

(4)

No "off-premises" sign shall be permitted along US Highway 90 or US Highway 331 South.

(b)

Maintenance. The area around "off-premises" signs shall be kept clean. All scrub brush, tall grass and trash shall be cleared away.

(c)

Tree preservation. Within the city limits, trees shall not be removed from any public right-of-way merely to make an off-premises sign more visible from such public right-of-way without proper replacement.

(d)

State and federal highways. Off-premise signs located adjacent to a state or federal highway shall comply with any and all state or federal regulations.

(Ord. No. 881, § 18.100, 6-26-2017; Ord. No. 949, § 3(Exh. A), 3-27-2023)

The regulations in this subsection apply in every zoning district in the city, except where otherwise specified or indicated. Unless otherwise stated, permits are not required for the types of signs described and identified below in this subsection:

(1)

Street address signs and residential mailboxes. For each parcel within the city, one (1) attached wall street address sign may be displayed" for parcels in residential use, the street address sign shall not exceed two (2) square feet in sign area. For each parcel in non-residential use, the street address sign shall not exceed four (4) square feet in sign area. In addition to street address signs, a residential mailbox with the address of the property affixed to it such that the address is no larger than one (1) side of the mailbox shall be allowed for each residence in the city.

(2)

Nameplate or occupant identification signs. For each single-family or multi-family residence, business, or other occupancy within the city, one non-illuminated nameplate wall or ground sign may be displayed. For single-family residences the nameplate or occupant identification signs shall not exceed two (2) square feet in sign area.

(3)

Warning signs and safety signs. Non-illuminated wall or ground warning signs and safety signs, not exceeding two (2) square feet in sign area, shall be allowed in all districts. The maximum height for these signs shall be six (6) feet unless otherwise required by applicable law.

(4)

Machinery and equipment signs. Machinery and equipment signs shall be allowed in all districts.

(Ord. No. 881, § 18.109, 6-26-2017)

In addition to the signs described in section 18-109, the following signs are allowable within the R-1 single-family residential district upon obtaining a permit.

(1)

At each egress/ingress, subdivision or project (real estate) signs, each having an area of not more than forty (40) square feet, not exceeding eight (8) feet height and located no closer than ten (10) feet from the road edge or right-of-way, whichever is greater, on any single subdivision or project while under development to advertise the sale of lots or new houses.

(Ord. No. 881, § 18.110, 6-26-2017)

In addition to the signs described in sections 18-109 and 18-110, the following signs are allowable within the R-2 district upon obtaining a permit.

(1)

For uses other than single-family residential, directional signs at the ingress and egress points not exceeding three (3) square feet in area and three (3) feet in height. Any logo, business or residential project name identification shall not exceed thirty (30) percent of the sign area.

(Ord. No. 881, § 18.111, 6-26-2017)

(a)

No sign shall be permitted on public property except the following erected by a government agency or an individual or entity using the public property;

(1)

Official traffic signs, signals or device.

(2)

Information signs.

(3)

Temporary signs indicating danger.

(4)

Statutory sign.

(5)

Directory signs.

(b)

No signs shall be nailed, fastened or affixed to any tree or public utility pole.

(Ord. No. 881, § 18.112, 6-26-2017)

There shall be no restrictions or regulations concerning signs in districts other than R-1 and R-2 except those restrictions or regulations that are imposed by state or federal regulations and the following sections of this ordinance as follows: sections 18-106; 18-107; 18-108; 18-115; 18-116; 18-117; 18-118; 18-119; 18-120; 18-121; and 18-122.

(Ord. No. 881, § 18.113, 6-26-2017)

Any sign installed or placed on public property or left beyond its usefulness, except in conformance with the requirements of this chapter, shall be forfeited to the public and subject to confiscation.

(Ord. No. 881, § 18.114, 6-26-2017)

Abandoned signs. All signs shall be kept well painted and legible. Any sign not properly maintained shall be considered abandoned. If an abandoned sign is not removed by the real property owner it may be removed by the city at the property owner's expense, following twenty (20) days' written notice to the property owner.

(Ord. No. 881, § 18.115, 6-26-2017)

In order to provide a clear view of intersecting streets to motorists, there shall be a triangular area of clear visibility formed by two (2) intersecting streets or the intersection of a driveway and a street.

No sign shall be placed within the clear visibility triangle between a height of two (2) feet and ten (10) feet above grade. The clear visibility triangle shall be formed by connecting a point on the edge of each street right-of-way or driveway, adequate footage from the point of intersection of the street right-of-way or driveway, and third line connecting the two (2) points.

(Ord. No. 881, § 18.116, 6-26-2017)

In addition to any requirement of this chapter, code, or other law or regulatory provision, signs shall be erected and maintained to conform to the following safety requirements.

(1)

No sign shall be erected so as to obstruct any fire escape, required exit, window, or door opening intended as a means of egress.

(2)

No sign shall be erected which interferes with any opening required for ventilation.

(3)

Signs shall maintain a minimum of seven (7) feet horizontal and eight (8) feet vertical clearance from electrical conductors and from all communications equipment or lines located within the city and complies with all local, state and federal regulations.

(4)

Signs and their supporting structures shall maintain clearance and noninterference with all surface and underground facilities and conduits for water, sewage, electricity, or communications equipment or lines. Furthermore, placement shall not interfere with natural or artificial drainage or surface or underground water.

(5)

No sign shall be attached to a standpipe, gutter, drain, or fire escape, nor shall any sign be installed so as to impair access to a roof.

(6)

No sign shall be placed so as to reduce parking or impair vehicular access in off street parking areas.

(7)

If there is a public nuisance or hazard, the city council has the right of review.

(Ord. No. 881, § 18.117, 6-26-2017)

(a)

No person shall relocate, install, construct or alter a sign without first obtaining a permit.

(b)

A sign lawfully erected may be repainted or have ordinary and customary repairs performed, including replacement of plastic or glass panels, without a new sign permit; however, if such sign is to be structurally or electrically altered in any manner, a sign permit shall be required and the altered sign must meet all requirements of this chapter and this code.

(c)

An application shall be filed, together with drawings and specifications to fully advise the city of the number of signs applied for and the design, stress, locations, construction materials, manner of illumination and the manner of securing the sign and the wording on the sign. All signs which are electrically illuminated by any means shall require a separate electrical permit and inspection. An application for a permit shall be made to the city upon a form provided by the city.

(d)

When construction is discovered to have been started or completed and no sign permit was obtained prior to the start of construction, a penalty fee of one hundred dollars ($100.00) shall be assessed, and any construction in process shall cease until a proper permit is obtained.

(e)

Signs permitted and constructed under this ordinance shall be constructed in compliance with the Florida Building Code, the National Electrical Code and the Florida Fire Prevention Code and any amendments thereto.

(Ord. No. 881, § 18.118, 6-26-2017)

A sign permit application shall be prepared and submitted on forms available at the planning or building department to be reviewed by the planning director, building official or other designee for approval. The sign permit application is in addition to any building permit application required by the FBC. The applicant shall furnish the following information on or with the sign permit application form.

(1)

Name, address and telephone number of the person making application for the permit. If the applicant is anyone other than the property owner, the applicant shall provide written authorization from the property owner permitting the installation of the sign.

(2)

Name, address and telephone number of the property owner. If the owner is an entity other than an individual. Provide the name of the owner's contact person.

(3)

Name, address and telephone number of the business tenant, if applicable. If the tenant is an entity other than an individual, provide the name of the tenant's contact person.

(4)

Name, address, telephone and license number of the contractor, if applicable. If the contractor is an entity other than an individual, provide the name of the contractor's contact person.

(5)

Address and legal description (or parcel identification number) of the property upon which the sign is to be located. The legal address may be located on a certified boundary survey.

(6)

For freestanding ground signs, indicate in feet and inches the location of the sign in relation to property lines, public right-of-ways, easements, overhead and underground utilities, buildings and other signs on the property.

(7)

For all wall mounted signs, the facade elevation with dimensions, drawn to scale. Windows and doors and other openings shall be delineated and their dimensions given.

(8)

Sign dimensions and elevation, drawn to scale.

(9)

Dimensions of the signs supporting members.

(Ord. No. 881, § 18.119, 6-26-2017)

If the work under any sign permit is proceeding in violation of this article, any other ordinance of the city or should it be found that there has been any false statement or misrepresentation of a material fact in the application or plans on which the permit was based, the permit holder shall be notified of the violation. If the permit holder fails or refuses to make corrections, within ten (10) days, it shall be the duty of the planning director, building official or other designee to revoke such permit and serve notice upon such permit holder. Such notice shall be in writing or signed by the planning director or his designee originating the notice. It shall be unlawful for any person to proceed with any part of work after such notice is issued.

(Ord. No. 881, § 18.120, 6-26-2017)

(a)

Procedure: Any person aggrieved by the decision of the city made pursuant to the provisions of this chapter shall have a right to appeal such decision to the city council by filing a request for a hearing before the city council with the planning director within ten (10) days after the notice of the decision aggrieved of. Upon receipt of such request by the planning director, the city manager shall place the matter on the agenda of the next regular meeting of the city council and at such meeting the city council shall consider such appeal. At such meeting the appellant shall be afforded due process. At the close of the hearing the council may affirm, reverse or modify the decision appealed from. The decision of the council shall be final.

(b)

Delegation of responsibility: The city council may delegate responsibility for hearing appeals pursuant to the provision of subsection (a) to such board as it deems proper. In the event of such delegation, appeals to such board shall be filed with such board within ten (10) days after the decision aggrieved of, and such board shall afford the person requesting the appeal a hearing affording due process.

(c)

Board of adjustments: There is hereby created a board of adjustment which shall consist of the members of the city council, provided, however, that the city council may appoint a board of adjustment with such membership as it deems appropriate.

(d)

Judicial review: Any person aggrieved by a decision of the city upon his or her sign permit application shall have the right to seek judicial review by the Circuit Court of the First Judicial Circuit in and for Walton County, Florida, or any other court of competent jurisdiction, filed in accordance with the requirements of law, seeking such appropriate remedy as may be available.

(Ord. No. 881, § 18.121, 6-26-2017)

If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of this article is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of this article.

(Ord. No. 881, § 18.122, 6-26-2017)