These sign regulations are intended to complement the requirements of the adopted building and electrical codes. In case of an inconsistency between these regulations and the building or electrical code, the more stringent requirement shall apply.

The following signs are exempt from the operation of these sign regulations, and from the requirement 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:

1.

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

2.

Signs of two 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 4.03.00 of this code.

3.

Signs necessary to promote health, safety and welfare, and other regulatory, statutory, traffic control or directional signs erected on public property.

4.

Legal notices and official instruments.

5.

Holiday lights and decorations.

6.

Memorial signs or tablets containing names of buildings, dates of erection and other information when inscribed in a masonry surface or metal plaque and permanently affixed to the side of a building.

7.

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

8.

Signs carried by a person.

9.

Religious displays.

10.

Construction signs not exceeding 16 square feet in size.

11.

Real estate yard signs not exceeding three square feet in size.

12.

Signs indicating yard sales or garage sales, provided that such signs are removed within 48 hours.

The following types of signs are prohibited in all districts:

1.

Abandoned signs.

2.

Signs which are in violation of the adopted building or electrical codes.

3.

Any sign that, in the opinion of the development director, constitutes a safety hazard.

4.

Blank temporary signs.

5.

Signs imitating or resembling official traffic or government signs or signals.

6.

Snipe signs or signs attached to trees, telephone poles, public benches, [or] streetlights, or signs placed on any public property or public right-of-way.

7.

Signs placed on vehicles or trailers which are parked or located for the primary purpose of displaying said sign (this does not apply to permitted portable signs or to signs or lettering on buses, taxis, or vehicles operating during the normal course of business).

8.

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.

9.

Any sign obstructing traffic visibility.

10.

Signs with moving, revolving or rotating parts, except trademark signs at least 12 feet in height and rotating at no more than two revolutions per minute.

11.

Signs with lights or illuminations that flash, move, rotate, blink, flicker, or vary in intensity or color, except on theater marquees and time-temperature-date signs.

12.

Illuminated signs of such intensity or brilliance as to cause glare or impair the vision of motorists, cyclists, or pedestrians using or entering a public right-of-way, or that are a hazard or nuisance to occupants of any property because of glare or other characteristics.

13.

Signs emitting sound, odor, smoke, or steam.

The following signs are permitted within the Town of Dundee, subject to the standards provided in this section:

Business directional signs may be authorized in all districts as a special exception subject to the following requirements:

1.

Signs shall face and be located on property fronting U.S. 27.

2.

Signs shall be limited to 30 square feet in size and 15 feet in height.

3.

Signs shall be set back no less than 15 feet from all property lines.

4.

No business directional sign shall be located within 500 feet of another business directional sign or billboard on the same side of the road.

5.

Signs shall not contain changeable copy or advertise businesses or activities which are discontinued or not located in the Town of Dundee.

The area of a sign shall be the area within the smallest square, rectangle, parallelogram, triangle, circle or semicircle, the sides of which touch the extreme points or edges of the sign face.

Where two sign faces are placed back to back on a single sign structure, and the faces are at no point more than four feet apart, the area of the sign shall be counted as the area of one of the faces. Where four onsite commercial sign faces are arranged in a square, rectangle, or diamond, the area of the sign shall be the area of the two largest faces.

Where a sign is in the form of a three-dimensional object, the area shall be determined by drawing a square, rectangle, parallelogram, triangle, circle or semicircle, the sides of which touch the extreme points or edges of the projected image of the sign, and multiplying that area by two. The "projected image" is that image created by tracing the largest possible two-dimensional outline of the sign.

Where a sign is composed of letters or pictures attached directly to a facade or marquee, and the letters or pictures are not enclosed by a border or trimming, the sign area shall be the area within the smallest rectangle, parallelogram, triangle, circle or semicircle, the sides of which touch the extreme points of the letters or pictures.

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 Town of Dundee, 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.

Prior to receiving a permit for the erection, reconstruction, alteration, or relocation of a sign permitted under section 4.04.01 (onsite commercial signs) or 4.04.02 (billboards) within the town, the applicant shall pay a base inspection fee of $15.00 for each of such signs. In addition to the box [base] fee, all illuminated signs (either single or double-spaced), shall pay a fee equal to $0.20 per square foot of sign of coverage. Each non-illuminated sign, either single or double-faced, shall pay a fee, in addition to the base fee, a fee of $0.15 per square foot. Each sign subject to payment of fees under this Article shall have affixed to the surface or structure a tag or identification marker indicating that a permit has been paid for such sign. The marker shall be affixed by the building inspector in a prominent place on each such sign for which permit fees have been paid.

(Ord. No. 96-01, § 1, 3-12-96)

Onsite commercial signs are permitted accessory to commercial or industrial structures on property zoned for such uses.

(A)

Number of signs permitted. Except as provided in this paragraph, no more than one free standing, pole or monument sign shall be permitted for each development site. For lots or parcels situated at intersections, one free standing, pole or monument sign is permitted on a lot or parcel for each frontage of 75 feet or more on a publicly maintained road. For parcels having 200 feet or more of frontage on a single road, two free standing, pole or monument signs may be permitted along the longest frontage. No more than three onsite commercial signs may be permitted on any commercial or industrial development site.

(B)

Design standards. No onsite commercial sign shall exceed 96 square feet in size and 18 feet in height. Where three signs are installed, the cumulative total size for all such signs shall be 192 square feet. Each sign shall be set back from all property lines and structures a distance equal to or greater than its height; however, no sign shall be set back less than ten feet from any property line.

(C)

Signs affixed to a building. Commercial signs which are mounted flush with a wall, and do not project beyond the edge of a wall or above the roof, shall not be limited in size.

Commercial signs which are affixed to a building but extend above the roof of the structure, are not mounted flush with a wall, or project beyond the edge of a wall, are limited to 48 square feet in size. No more than one such sign shall be mounted on any structure. No sign protruding above the roof of a structure may extend more than ten feet above the roof, as measured from the elevation of the forward edge of the roof to the highest point of the sign, or its frame or supporting structure, whichever is higher.

(Ord. No. 07-12, § 1, 8-14-07)

(A)

General provisions. Billboards as defined in article 9 of this Code, shall be permitted in CC, CH, CS, and IL districts only, subject to the requirements set forth in this section; provided, however, that a sign measuring no larger than four feet by eight feet in size may be displayed for a residential housing development on a development property located in a residential zoned area until such time as 75 percent of the building lots in such residential development have been sold or conveyed by the developer, or occupied by parties other than the developer or the developer's assigns.

(B)

Design standards.

1.

Maximum height shall be 30 feet, with a minimum ground clearance of eight feet. Height shall be measured from the highest point of the sign, excluding embellishments, to the highest elevation of the adjoining road.

2.

Billboards shall be set back from all property lines a distance equal to or greater than the height of the sign, but in no case less than 20 feet. Height shall be measured from the highest point of the sign, excluding embellishments, to the highest elevation of the adjoining road.

3.

Billboards shall not exceed 672 square feet in size, with an additional ten percent permitted for embellishments.

(C)

Illumination. Illumination shall be directed only at the advertising surface(s) of the billboard, and no lighting tubes or bulbs shall be visible from adjoining roads or properties.

(D)

Multiple panels.

1.

A billboard having two sign panels back to back, separated by a distance of no more than four feet, shall be considered as one sign, and each face shall be permitted the full size permitted in 4.04.02(B)(3).

2.

For billboards having back-to-back panels separated by more than four feet, multiple panels facing in the same direction, or multiple panels arranged in a V-shape or other configuration, the combined surface area of all panels shall not exceed the full size permitted in 4.04.02(B)(3).

(E)

Placement intervals. No billboard shall be placed within 1,000 feet of an existing or permitted billboard on the same side of the road.

(Ord. No. 97-01, § 1, 6-10-97)

The following signs or objects may be allowed on a temporary basis in connection with a special event by permit issued by the development director. Such permit shall be valid for a specified period not to exceed 30 days, after which time the sign or object shall be removed.

1.

Signs consisting of one or more banners, flags, pennants, ribbons, spinners, streamers or captive balloons, or other objects or material fastened in such a manner as to move in the wind.

2.

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

3.

Portable signs.

(A)

General provisions. The right to operate an electronic billboard shall, in addition to the rules, regulations and requirements prescribed herein, be subject to the requirements of state law and any applicable federal laws, rules and/or regulations. The applicant shall agree to abide by state law and applicable federal law. Prior to the issuance of a permit for construction of an electronic billboard, the applicant shall provide the town with written documentation from the State of Florida stating that the proposed electronic billboard is not subject to state regulation, or the electronic billboard complies with applicable state regulations.

(B)

Location.

1.

Electronic billboards may only be located in a CH, CC, or IL zoning district adjacent to US Highway 27 or County Road 542.

2.

Electronic billboards shall not be located within a 500-foot radius of an intersection or interchanges, measured from the nearest roadway edge, that has signalized traffic-control devices at said intersection or interchange.

3.

Electronic billboards shall be prohibited within 200 feet of a residentially zoned property.

4.

An electronic billboard shall be located such that it meets the following minimum spacing requirements from other electronic billboards and other permitted billboards.

(C)

Design standards.

1.

Electronic billboards shall meet the design standards for billboards as outlined in [subsections] 4.04.02(B), (C), and (D).

(D)

Display.

1.

The following operating modes and messages are prohibited:

(a)

Non-static messages are prohibited.

(b)

Zoom — the look or condition created by expanding a message from a central point to its full size.

(c)

Any signs which use the word "stop" or "danger" or imply the need or requirement of stopping, or which are copies or imitations of official signage used to control traffic.

(d)

Red, green, or amber (or any color combination thereof) revolving or flashing light giving the impression of a police or caution light shall be prohibited.

2.

The message shall be static. There shall be no animation, flashing, scintillating lighting, movement, or the varying of light intensity during the message. Except for tri-vision billboards, messages shall not scroll and shall not give any appearance or optical illusion of movement, or in any way include active movement. For purposes of this article, tri-vision billboard shall mean a billboard surface (sign face) divided into vertical segments, which consists of not more than three rotating sides, which rotate in a timed schedule and meet the requirements set forth in subparagraph (4) of this section 4.04.03(D) (see below).

3.

Consecutive messages on a single electronic changeable message sign face (digital slots) are prohibited when the second message answers a textual question posed on the prior slot, continues or completes a sentence started on the prior slot, or continues or completes a story line started on the prior slot. Nothing in this subsection shall prohibit consecutive messages by the same advertiser or consecutive messages for the same product provided that the second of such advertisements does not answer a textual question posed in the first advertisement, continue or complete a sentence started on the first advertisement, or continue or complete a story line started on the prior slot. For example, consecutive advertisements by a single grocery store advertising the same or multiple products are permitted provided that such advertisements do not answer textual questions, continue or complete a sentence from one slot to the next slot, or continue or complete a story line from one slot to the next slot.

4.

The dwell time, defined as the time each individual message is on display, shall be consistent with the rules promulgated by the Florida Department of Transportation but in no event less than ten seconds. Any change of message shall be completed instantaneously. The dwell time shall not include the time required to change a message. There shall be no special effects or other content displayed between messages.

5.

Owners of electronic billboards shall coordinate with local authorities to display, when appropriate and on a space-available basis, emergency information important to the traveling public, including, but not limited to amber alerts or emergency management information.

6.

The technology currently being deployed for electronic billboards is LED (light emitting diode), but there may be alternate, preferred, and superior technology available in the future. Any other technology that operated under the maximum brightness stated in [subsection] (E) below shall not require an ordinance change for approval.

(E)

Lighting.

1.

The sign face shall not display light that is of such intensity or brilliance to cause glare or otherwise impair the vision of a driver. No sign shall display light of such intensity that it interferes with the effectiveness of an official traffic sign, signal, or device. Any violation of this section shall result in the town requiring the sign owner to turn the sign off or show a "full black" image until the sign can be brought into compliance.

2.

The sign shall have a default mechanism or setting that will cause the sign to turn off or show a "full black" image if a visible malfunction or failure occurs.

3.

Each sign shall have a light sensing device to adjust brightness as ambient light conditions change in order to ensure that the message meets the following brightness standards:

(a)

The maximum brightness shall be 0.3 foot candles above the ambient light measured 150 feet perpendicular from the face of a sign that is less than or equal to 300 square feet in area; 200 feet perpendicular from the face of a sign that is greater than 300 square feet in area but less than or equal to 378 square feet in area; and 250 feet perpendicular from the face of a sign that is greater than 378 square feet in area. Documentation shall be provided to the Town at the time of permit issuance certifying the digital billboard has been set to be incapable of exceeding .3 foot candles above ambient light.

(b)

The applicant shall agree to abide by the luminance and/or illuminance standards, established at any time by the Town of Dundee, governing the brightness of an electronic billboard, when such standard is predicated reasonably upon safety or aesthetics, and shall agree to waive or otherwise forbear the enforcement of any claim to a vested right as a result of any standard that has been or that may be established in the future as to the brightness of a sign, including an electronic changeable message sign, provided that any such standard maintains the visibility to the traveling public of the electronic sign message during day and nighttime hours. The agreement to abide by the foregoing shall be incorporated into the application for such conversion or erection.

(c)

Brightness of electronic billboards shall be measured as follows:

i.

At least 30 minutes following sunset, a foot candle meter shall be used to obtain an ambient light reading for the location. This is done while the sign is off or displaying black copy. The reading shall be made with the meter aimed directly at the sign area at the pre-set location.

ii.

The sign shall then be turned on to dull white copy to take another reading with the meter at the same location.

iii.

If the difference between the readings is 0.3 foot candles or less, the brightness is properly adjusted.

(F)

Variances and Violations.

1.

No variances shall be granted that would alter any of the provisions of this section.

2.

In connection with the town's issuance of a notice of violation or other process pursuant to article VII of the Town Code, by which the town seeks to enforce the provisions of this section related to an alleged violation of the lighting standards, brightness standards, message sequencing, or minimum message dwell time standards established in this section, six hours shall be deemed a reasonable time for the owner or operator to cure a first-time alleged violation. Any time period in which the digital or electronic changeable message display is turned off while the owner or operator attempts to address or cure the alleged violation shall toll the running of the six-hour period. The fine for a violation of any provision of this section pertaining to an electronic billboard sign shall not exceeding $500.00 for each day that a violation exists, or by imprisonment for a period not exceeding 60 days, or both.

(Ord. No. 13-05, § 1(Exh. A), 5-14-13)