33.71.01. Findings.

(a)

The manner of the erection, location and maintenance of signs affects the public health, safety, morals, and welfare of the people of this community.

(b)

The safety of motorists, cyclists, pedestrians, and other users of the public streets is affected by the number, size, location, lighting and movement of signs that divert the attention of drivers.

(c)

The size and location of signs may, if uncontrolled, constitute an obstacle to effective fire-fighting techniques.

(d)

The construction, erection and maintenance of large signs suspended from or placed on the tops of buildings, walls or other structures may constitute a direct danger to pedestrian and vehicular traffic below, especially during periods of strong winds.

(e)

Uncontrolled and unlimited signs may degrade the aesthetic attractiveness of the natural and manmade attributes of the community and thereby undermine the economic value of tourism, visitation and permanent economic growth.

33-71.02. Intent. The provisions of this article shall be construed and implemented to achieve the following intentions and purposes of the city commission:

(a)

To protect and preserve the character and appearance within the City of DeLand.

(b)

To create a comprehensive and balanced system of sign control that accommodates both the need for a well-maintained, safe and attractive community, and the need for effective business identification, advertising and communication.

(c)

To permit signs that are:

1.

Compatible with their surroundings.

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 needs for regulation.

5.

Reflective of the identity and creativity of individual occupants.

(d)

To promote the economic health of the community through increased tourism and property values.

33-71.03. Relationship to building and electrical codes. These sign regulations are intended to complement the requirements of the building and electrical codes adopted by the City of DeLand. All signs shall be erected, altered or maintained in accordance with the building and electrical codes of the City of DeLand. Wherever there is inconsistency between these regulations and other codes, the more stringent requirement shall apply. Due to this relationship between the building codes and the sign regulations, the building official is responsible for enforcing all regulations contained in this article.

33-71.04. No defense to nuisance action. Compliance with the requirements of these regulations shall not constitute a defense to an action brought to abate a nuisance under the common law.

33-71.05. Maintenance.

(a)

All signs, including their supports, braces, guys and anchors, electrical parts and lighting fixtures, and all painted and display areas, shall be maintained in accordance with the building and electrical codes adopted by the City of DeLand, and shall present a neat and clean appearance. The vegetation around, in front of, behind, and underneath the base of ground signs for a distance of ten feet shall be neatly trimmed and free of unsightly weeds, and no rubbish or debris that would constitute a fire or health hazard shall be permitted under or near the sign.

(b)

Routine maintenance of signs is permitted without obtaining a permit. Routine maintenance is considered the cleaning or repainting (no change to copy) of existing sign face or sign structure. Change of name of business is not considered routine maintenance, unless on a manually changeable message center or multi-tenant sign, and will require obtaining a building permit and the new sign to meet the requirements of article VII.

33-71.06.

Nonconforming signs.

(a)

Any sign made nonconforming by the enactment of this chapter, and which has a replacement cost of less than $300.00, and all signs prohibited by Section 33-73 (prohibited signs) of this chapter, shall be removed or made to conform within 90 days of the enactment of this chapter.

(b)

All nonconforming signs shall be made to conform with these Land Development Regulations when structurally altered, new copy is added, or when said signs are destroyed or damaged by wind, fire or other means to the extent of 60% or more of the replacement value.

(c)

Maintenance to a nonconforming sign shall be allowed as long as no wording is changed on the sign copy. If the name of the business changes or the new language is added to the sign, a sign maintenance permit will be required. If a nonconforming sign is removed from the base or disassembled without a sign permit; the sign shall not be allowed to be replaced without complying with article VII, Signs.

(d)

If a building is vacant and/or a sign is not in use for a period of 365 days, then the sign shall be required to be removed or come into compliance. A sign cannot be considered in use if the building is vacant.

Editor's note— Formerly codified as § 33-102.04(d), which was relocated as § 33-71.06 by Ord. No. 2022-07, § 29(b).

(Ord. No. 2013-11, § 1, 8-5-13; Ord. No. 2022-07, § 29(b), 5-16-22)