33-73.01. Generally. It shall be unlawful to erect, cause to be erected, maintain or cause to be maintained, any sign not expressly authorized by, or exempted from this article. Any existing signs which are prohibited according to this article will be required to be removed within a specified period after adoption of this chapter. (See section 33-102.04(d).)

33-73.02. Specifically. The following signs are expressly prohibited unless exempted by section 33-72 of this article or expressly authorized by section 33-22 of article II, section 33-74, section 33-75, or section 33-76 of this article:

(a)

Signs that are in violation of the building code or electrical code adopted by the city.

(b)

Any sign that, in the opinion of the city, does or will constitute a safety hazard.

(c)

Blank temporary signs.

(d)

Signs with visible moving, revolving, or rotating parts or visible mechanical movement of any description or other apparent visible movement achieved by electrical, electronic, or mechanical means, except for traditional barber poles, multiple vision billboards and message centers.

(e)

Signs with the optical illusion of movement by means of a design that presents a pattern capable of giving the illusion of motion or changing of copy.

(f)

Strings of light bulbs, continuous neon borders, neon highlighted signs/graphics or other lighting borders, draping, wrapping or similar decorative lighting display used on commercially developed parcels for commercial purposes, other than traditional holiday decorations, are prohibited without staff approval. Lighting which distracts from, or may cause confusion relating to, traffic and/or pedestrian signage is prohibited.

Applicants wishing to apply such lighting shall submit to the planning department:

1.

Details regarding the lighting including illustrations depicting the fixture(s); and

2.

Evidence provided by a certified electrician or similarly qualified individual demonstrating the lighting will not constitute a public safety hazard due to weather, wind, component construction and/or other operation or exposure condition, at a minimum, all lighting must have the Underwriters Laboratory seal of approval); and

3.

The lighting owner is responsible for upkeep and maintenance of the lighting display upon approval and installation. The city shall be entitled to remove degraded or malfunctioning displays at the lighting owner's expense and shall have the right to record a lien against the property for the cost associated therewith, if not paid by the lighting owner within 30 days of invoice by the city.

(g)

Signs that incorporate protected images, emit any sound that is intended to attract attention, or involve the use of live animals.

(h)

Signs that emit audible sound, odor, or visible matter such as smoke or steam.

(i)

Signs or sign structures that interfere in any way with free use of any fire escape, emergency exit, or stand-pipe, or that obstruct any window to such an extent that light or ventilation is reduced to a point below that required by any provision of this chapter or other ordinance of the City of DeLand.

(j)

Signs that resemble any official sign or marker erected by any governmental agency, or that by reason of position, shape or color, would conflict with the proper functioning of any traffic sign or signal, or be of a size, location, movement, content, color, or illumination that may be reasonably confused with or construed as, or conceal, a traffic control device.

(k)

Signs that obstruct the vision of pedestrians, cyclists, or motorists traveling on or entering public streets.

(l)

Signs within ten feet of public right-of-way or 100 feet of traffic-control lights that contain red or green lights that might be confused with traffic-control lights.

(m)

Signs that are of such intensity or brilliance as to cause glare or impair the vision of any motorist, cyclist, or pedestrian using or entering a public way, or that are a hazard or a nuisance to occupants of any property because of glare or other characteristics.

(n)

Signs that contain any lighting or control mechanism that causes unreasonable interference with radio, television or other communication signals.

(o)

Searchlights used to advertise or promote a business or to attract customers to a property.

(p)

Signs that are painted, pasted, or printed on any curbstone, flagstone, pavement, or any portion of any sidewalk or street, except house numbers and traffic control signs; and signs attached to a utility pole, tree, fence post or other similar object.

(q)

Signs placed upon benches, bus shelters or waste receptacles, except as may be authorized in writing pursuant to § 337.407, Florida Statutes.

(r)

Signs erected on public property, or on private property (such as private utility poles) located on public property, other than signs erected by public authority for public purposes and signs authorized in writing pursuant to § 337.407, Florida Statutes.

(s)

Signs erected over, across or within any public street or right-of-way, except for governmental signs erected by or on the order of a public officer, banners for not-for-profit groups or organizations, signs as may be expressly authorized by this article, and signs that are permitted by specific license agreement with the city. Refer to section 33-74, permitted temporary signs, for the type of sign allowed.

(t)

Vehicle signs with a total sign area on any vehicle in excess of ten square feet, when the vehicle:

1.

Is parked for more than 60 consecutive minutes within 100 feet of any street right-of-way;

2.

Is visible from the street right-of-way that the vehicle is within 100 feet of; and

3.

Is not regularly used in the conduct of the business advertised on the vehicle. A vehicle used primarily for advertising, or for the purpose of providing transportation for owners or employees of the occupancy advertised on the vehicle, shall not be considered a vehicle used in the conduct of the business.

(u)

Signs displaying copy that is harmful to minors as defined by this article.

(v)

Portable signs as defined by this article.

(w)

Any sign, form, structure or building designed or constructed to resemble any human, animal, plant, or product.

(x)

Window signs at convenience stores, which obstruct the view of the cash register area from the outside.

(y)

Signs with lights or illuminations that flash, move, rotate, scintillate, blink, flicker, or vary in intensity or color except for time-temperature-date signs.

(z)

Signs that are considered roof signs.

(Ord. No. 2013-11, § 1, 8-5-13)