The following signs are exempt from the operation of these sign regulations, and from the requirement in this chapter that a permit be obtained for the erection of permanent signs, provided they are not placed or constructed so as to create a hazard of any kind:

(a)

Signs that are not designed or located so as to be visible from any street or adjoining property.

(b)

Signs of 1½ square feet or less and signs that include no letters, symbols, logos or designs in excess of two inches in vertical or horizontal dimension, provided that such sign, or combination of such signs, does not constitute a sign prohibited by section 33-73 of this article.

(c)

Signs necessary to promote health, safety and welfare, and other regulatory, statutory, traffic control or directional signs erected on public property with permission as appropriate from the State of Florida, the United States, the County of Volusia, or the City of DeLand.

(d)

Legal notices and official instruments.

(e)

Signs located on taxicabs, buses, trailers, trucks, or vehicle bumpers.

(f)

Signs carried by a person.

(g)

Public warning signs to indicate the dangers of trespassing, swimming, animals or similar hazards.

(h)

Except in the Historic District Overlay, signs appearing in or on the surface of the window not exceeding 25 percent of the surface area of the window. Signs appearing in or on the window(s) within the Historic District require staff approval prior to placement.

(i)

Sandwich board signs that meet the following criteria:

1.

These signs shall not exceed eight square feet per side;

2.

The overall height of the signs shall not exceed four feet and the vertical angle shall not exceed 30 degrees;

3.

The use of metallic or fluorescent paint, letters and/or numbers is prohibited.

4.

All permanent lettering must be of professional quality;

5.

These signs shall be permitted only within five feet of the store entryway or adjacent to the business front lot line in a manner which does not impede pedestrian traffic. If sign is to be located adjacent to or on a public sidewalk then there must be a minimum of five feet of clearance to allow free pedestrian movement;

6.

No signs shall be permitted in the FDOT-maintained right-of-way;

7.

The sign owner shall be responsible for determining the limits of the FDOT maintained right-of-way;

8.

All such signs shall be removed at the end of each business day and stored indoors;

9.

Only one "sandwich board" sign shall be permitted per business; however, in multiple occupancy buildings they cannot be located closer than 20 feet from another sandwich board sign. The sign may be located directly in front of the place of business or it may be located offsite in front of another business that does not have a sandwich board sign with the consent of the offsite business and meet all other regulations listed here in for sandwich board signs;

10.

Any person who wishes to place a "sandwich board" sign on a public sidewalk shall do so at his, her or its own risk and shall defend, indemnify and hold harmless the City of DeLand and the Florida Department of Transportation from and against any and all liability, losses, damages, claims, demands, expenses, fees, fines, penalties, suits, proceedings, actions and costs of actions (including attorney's fees), of whatsoever kind or nature arising out of or in any way related to the design, construction, installation or maintenance of the "sandwich board" sign or any act or omission of the sign owner or his, her or its agents, servants, employees, independent contractors, customers, patrons or invitees, whether on the public sidewalk or elsewhere;

11.

Neither the city nor FDOT shall be liable to any person under any circumstances for the design, construction, installation or maintenance of any "sandwich board" sign placed on a public sidewalk and the city expressly disclaims any duty to inspect "sandwich board" signs for any purpose whatsoever; and

12.

The city and/or FDOT shall have the right to remove and impound any signs which obstruct safe pedestrian or vehicular passage or which encroach upon the FDOT-maintained right-of-way or which violate any other provision of this Code.

(Ord. No. 2013-11, § 1, 8-5-13)