A.

General Purposes. The purpose of this section is to:

1.

Facilitate the implementation of goals, objectives, and policies in the comprehensive plan relating to sign control and protection of areas from incompatible uses.

2.

Promote convenience, safety, property values, and aesthetics by establishing a set of standards for the erection, placement, use, and maintenance of signs which will grant equal protection and fairness to all property owners in the Village.

3.

Encourage signs which help to visually organize the activities of the Village, lend order and meaning to business identification, and make it easier for the public and business delivery systems to locate and identify their destinations.

B.

Protection of Public Safety. The regulation of the placement, installation, and maintenance of signs is justified by the innate scheme and primary purpose to draw mental attention to them, potentially to the detriment of sound driving practices and the safety of the motoring public to which a majority of signs are oriented. Therefore, it is an intent of this chapter to regulate the size and location of signs so that their purpose can be served without unduly interfering with motorists and causing unsafe conditions.

C.

Protection of Property Values and Aesthetics. The aesthetic impact of signs is an economic fact which may bear heavily upon the enjoyment and value of property. The fact that signs are intended to command visual contact grants them a proportionately greater role than other structures in determining the overall aesthetic quality of the community. Therefore, the regulation of signs is further justified on the basis that the Village has an obligation to promote the general welfare, including enhancement of property values, so as to create a more attractive business climate and make the Village a more desirable place in which to visit, trade, work, and live.

D.

Equal Protection and Fairness. This chapter is designed to be fair to each property owner in that each receives equal and adequate exposure to the public and no one is allowed to visually dominate a neighbor.

E.

Intent. In light of its purpose, it is the intent of this chapter to authorize the use of signs in commercial and light industrial areas which are:

1.

Compatible with their surroundings;

2.

Appropriate to the type of activity to which they pertain;

3.

An expression of the identity of the individual proprietors or of the community as a whole; and

4.

Large enough to sufficiently convey a message about the owner or occupants of a particular property; the commodities, products, or services available on such property; or the business activities conducted on such property, yet small enough to prevent excessive, overpowering advertising which would have a detrimental effect on the character and appearance of commercial and light industrial areas, or which could unduly distract the motoring public causing unsafe motoring conditions.

F.

Limitations. It is also the intent of this chapter to limit signs in noncommercial areas to essential uses, primarily for identification and information, in order to protect the character and appearance of noncommercial areas.

A.

For any and every violation of the provisions of this chapter, and for each and every day that such violation continues, such violation shall be punishable as provided in Ordinance 2015-14.

B.

In addition to the criminal penalties and enforcement procedures provided in subsection A above, the violation of any of the regulations, restrictions, and limitations promulgated under the provisions of this section may be restricted by injunction, including a mandatory injunction, and otherwise abated in any manner provided by law, and each suit or action may be instituted and maintained by the Village Council, by any citizen of the Village, or by any person affected by the violation of such regulations, restrictions, or limitations.

C.

Persons charged with violations of this chapter may include:

1.

The owner, agent, lessee, tenant, or contractor, or any other person using the land, building, or premises where such violation has been committed or shall exist.

2.

Any person who knowingly commits, takes part in, or assists in such violation.

3.

Any person who maintains any sign or sign structure in violation of this chapter.

A.

General. Except as exempted in subsection C below, the standards of this section apply to every sign in the Village.

B.

Sign Permit Required Generally.

1.

Except as provided in subsection 2 below and elsewhere in this section:

A.

A monument sign permit is required in accordance with Sec. 2-505.B, Monument Sign Permit, before any person erects, constructs, enlarges, moves, or converts any monument sign in the Village.

B.

For all other signs, a sign permit is required in accordance with Sec. 2-505.F.3, Sign Permit, before any person erects, constructs, enlarges, moves, or converts any sign in the Village.

2.

The following actions shall not be construed to be activities requiring a sign permit, though they shall be in conformance with all other building, sign, structural, and electrical codes and regulations of the Village:

A.

Maintenance. Painting, repainting, cleaning, or other normal maintenance and repair of a sign not involving change of copy or structural or electrical changes. However, replacement of the plastic face of a sign is not exempt from this chapter.

B.

Window displays. Changes in the content of show window displays, provided all such displays are within the building.

C.

Exemptions. In addition, the following are exempt from the provisions of this chapter:

1.

Temporary signs within a right-of-way for purposes of business identification or access location, when necessitated by road construction and when authorized by the Director. The temporary sign shall not exceed eight square feet in area; and

2.

Community identification signs located within the right-of-way when approved by the Director.

A.

General. Commercial advertising signs are prohibited unless expressly authorized by this chapter.

B.

Specific Prohibitions. Specific types of signs that are prohibited within the Village include, without limitation, the following:

1.

Any sign that is not designed, located, constructed, or maintained in accordance with the provisions of this chapter, is not compatible with the objectives of this LDC, or does not meet the requirements of applicable Village, state, and federal codes.

2.

Lights and signs that resemble any traffic control device, official traffic control signs, or emergency vehicle markings.

3.

Signs or other advertising matter as regulated by this chapter erected at the intersection of any road or in any road right-of-way which:

A.

May obstruct free and clear vision;

B.

May interfere with or obstruct the view of any authorized traffic sign, signal, or device by reason of the position, shape, or color of the sign; or

C.

Make use of the word "stop," "look," "drive-in," or "danger" or any other word, phrase, symbol, or character in such a manner as to interfere with, mislead, or confuse vehicular traffic.

4.

Abandoned signs.

5.

Animated signs.

6.

Balloons, including all inflatable air signs or other temporary signs that are inflated with air, helium, or other gaseous elements.

7.

Banners, pennants, or other flying paraphernalia, except an official federal, state, county, or Village flag not to exceed 15 square feet in area for each institution or business.

8.

Bench signs, except as permitted in accordance with Sec. 6-302, Off-Site Signs.

9.

Billboards.

10.

Bus shelter signs, except as permitted in accordance with Sec. 6-302, Off-Site Signs.

11.

Changing sign (automatic), except as approved within a DRI by planned development zoning resolution adopted by Lee County prior to June 24, 2003.

12.

Electronic Changing Message Centers, except as approved within a DRI by planned development zoning resolution adopted by Lee County prior to June 24, 2003.

13.

Emitting signs.

14.

Figure-structured signs.

15.

Motion picture signs.

16.

Off-site directional signs, except as approved within a DRI by planned development zoning resolution adopted by Lee County prior to June 24, 2003.

17.

Parking of advertising vehicles.

18.

Portable signs, except as permitted in Sec. 6-105, Permitted Signs, or Sec. 6-301.A, Temporary Signs.

19.

Pole signs.

20.

Projecting signs.

21.

Pylon signs, except as approved within a DRI by planned development zoning resolution adopted by Lee County prior to June 24, 2003.

22.

Roof signs.

23.

Signs with any lighting or control mechanism which causes radio or television or other communication interference.

24.

Signs erected, constructed, or maintained so as to obstruct or be attached to any firefighting equipment or any window, door, or opening used as a means of ingress or egress or for firefighting purposes, or placed so as to interfere with any opening required for proper light and ventilation.

25.

Signs, except "posted property" signs, which are erected or maintained upon trees or painted or drawn upon rocks or other natural features.

26.

Any sign which is placed on any curb, sidewalk, post, pole, electrolier, hydrant, bridge, tree, or other surface located on public property or over or across any road, except as may otherwise expressly be authorized by this section.

27.

Snipe signs.

28.

Unshielded illuminated devices that produce glare or are a hazard or a nuisance to motorists or occupants of adjacent properties.

29.

Window signs which identify or advertise activities, services, goods, or products available within the building, and which collectively cover more than 30 percent of the window glass surface area.

30.

Tri-fold, revolving, or multiple display changing signs or billboards.

A.

Signs Permitted Without a Permit. The following signs are permitted without requiring a permit, subject to the following requirements:

1.

Awning Signs. Signs consisting of one line of letters, which are painted, placed, or installed upon the hanging border only of any awning legally permitted, erected, and maintained in accordance with this LDC and all other applicable Village laws. An identification emblem, insignia, initial, or other similar feature not exceeding an area of eight square feet may be painted, placed, or installed elsewhere on any awning providing it complies with the other provisions of this chapter.

2.

Business Affiliation Signs. Signs displayed by businesses, upon the premises, denoting professional and trade associations with which the business is affiliated, required statutory signs, and other signs pertaining to public safety and law enforcement, provided such graphics do not contain lettering more than two inches high.

3.

Business Information Signs. Provided that such signs are posted on entrance doors or within a window.

4.

Flags or Insignia of Governmental or Nonprofit Organizations. Flags or insignia of a governmental, religious, charitable, or fraternal organization, except when displayed in connection with a commercial promotion.

5.

Garage Sale Signs. Garage sale signs, provided they are erected no more than 24 hours prior to the sale and removed within 72 hours of the time they were erected.

6.

Governmental and Public Safety Signs. Governmental signs for control of traffic and other regulatory purposes, street signs, danger signs, railroad crossing signs, signs of public service companies indicating danger, and aids to service or safety which are erected by or on the order of a public officer in the performance of the officer's public duty.

7.

Christmas and Hanukkah Decorations. Signs of a primarily decorative nature, clearly incidental and customary and commonly associated with the Christmas and Hanukkah holidays, displayed no more than 45 calendar days prior to and 15 calendar days after the nationally recognized holiday. They may be of a type not otherwise prohibited by Sec. 6-104, Prohibited Signs, provided:

A.

The decorations contain no advertising (other than the name of the business); and

B.

The decorations are set back a minimum of ten feet from all boundary lines of the lot, and provide clear visibility areas in accordance with the requirements of Sec. 10-303.S, Sight Triangle.

8.

Instructional Signs. Instructional signs or symbols located on and pertaining to a parcel of private property, provided such signs not exceed four square feet in area per sign.

9.

Interior Signs. Signs located within the interior of any building or stadium and not visible from the exterior, or within an enclosed lobby or court of any building, and signs for and located within the inner or outer lobby, court, or entrance of any theater. All such signs shall be required to comply with any structural, electrical, or material specifications as set out in this LDC and the Florida Building Code.

10.

Legal Notices. Legal notices and other official instruments.

11.

Memorial Signs or Tablets. Memorial signs or tablets, names of buildings, and date of erection when cut into any masonry surface or when constructed of bronze or other incombustible materials.

12.

Residential Nameplates. Provided such signs not exceed 2.25 square feet in area.

13.

Political or Campaign Signs. Provided such signs not exceed four square feet in area. Larger political or campaign signs require a permit in accordance with Table 6-301.A-3: Political Signs.

14.

Posted Property Signs. Subject to the following:

A.

Such signs shall not exceed one and one-half square feet in area.

B.

A maximum of four signs are permitted in each lot.

C.

Signs shall not be illuminated and shall not project over any public right-of-way.

15.

Professional Nameplates. Provided such signs not exceed two square feet in area.

16.

Promotional Signs. Provided they not exceed four square feet in area, are posted only during such event or no more than 45 days before the event, and are removed no more than ten days after an event. Other promotional signs require a permit (Sec. 6-105.B, Signs Permitted with a Sign Permit, and Table 6-301.A-4: Promotional Signs).

17.

Public Information Signs. Signs used for public information or direction erected either by or at the direction of a public body.

18.

Real Estate, Open House and Model Signs. Real estate, open house, and model signs provided they comply with Table 6-301.A-5: Real Estate Signs.

19.

Signs Incorporated on Machinery or Equipment. Signs incorporated on machinery or equipment at the manufacturer's or distributor's level, which identify or advertise only the product or service dispensed by the machine or equipment, such as signs customarily affixed to vending machines, newspaper racks, telephone booths, and gasoline pumps.

20.

Symbols or Insignia of Religious Orders or Historical Agencies. Religious symbols, commemorative plaques of recognized historical agencies, or identification emblems of religious orders or historical agencies, with a maximum size of four square feet in area.

21.

Warning Signs. Signs warning the public of the existence of danger and of a size as may be necessary, but containing no advertising material and to be removed upon subsidence of danger.

22.

Waterway Signs. Directional signs along inland waterways.

23.

Window Signs. Window signs which identify or advertise activities, services, goods, or products available within the building and which collectively cover 30 percent or less of the window glass surface area. Lettering on windows and signs required by federal or state law or by regulations promulgated by federal or state agencies, business information signs, and business affiliation signs are excluded from the computation of the sign area limitations and restrictions specified in Sec.6-301.C, Permanent Signs in Commercial and Mixed-Use Areas.

B.

Signs Permitted with a Sign Permit. Subject to the provisions of subsection C below, the following types of signs are allowed upon application for and issuance of a sign permit (Sec 2-505.F.3, Sign Permit), provided the proposed sign is nonilluminated or the illumination is from a previously approved source, and all other provisions of this chapter are met:

1.

Announcement Signs. Subject to the requirements of Table 6-301.A-1: Announcement Signs.

2.

Bench Signs. Subject to the requirements of Sec. 6-302, Off-Site Signs.

3.

Bus Shelter Signs. Subject to the requirements of Sec. 6-302, Off-Site Signs.

4.

Construction Signs. Subject to the requirements of Table 6-301.A-1: Announcement Signs.

5.

Development Signs. Subject to the requirements of Table 6-301.A-2: Development Signs.

6.

Directory Signs (on-site only). Subject to the requirements of Sec.6-301.C, Permanent Signs in Commercial and Mixed-Use Areas.

7.

Identification Signs. Subject to the requirements of Sec. 6-301.B, Permanent Signs in Residential Development, or Sec. 6-301.C, Permanent Signs in Commercial and Mixed-Use Areas,

8.

Promotional Signs. Subject to the requirements of Table 6-301.A-4: Promotional Signs.

9.

Wall-Mounted Signs. Subject to the requirements of Table 6-301.C-2: Non-Residential Subdivisions, and Multiple-Occupancy Complexes with More than Five Establishments.

C.

Signs Permitted with a Sign Permit and Building Review. As part of the sign permit application procedure (Sec 2-505.F.3, Sign Permit), signs that meet any of the following criteria shall be required to undergo review by the Building Department before a permit will be issued and the sign may be erected:

1.

Any sign exceeding ten feet in height;

2.

Any sign exceeding 32 square feet in area;

3.

Any illuminated or electrically operated sign, including portable signs, if the source of the illumination or electricity has not been previously approved; or

4.

Any sign, other than a painted sign, attached to a wall or marquee.

A.

No person shall park any vehicle, trailer, or boat on a public right-of-way, public beach, or public property, or on private property so as to be clearly visible from a public right-of-way, where the vehicle, trailer, or boat has attached or located on it an advertising device for the primary purpose of providing advertisement of products or directing people to a business or activity located on the same or nearby property or any other premises. This subsection is not intended to prohibit any form of public vehicular signage such as a sign attached to a bus; neither shall this section prohibit a sign lettered on or attached to a motor vehicle in such a manner as to primarily identify the vehicle with the business it serves and which is less than six square feet in area. This section shall not be interpreted as prohibiting company names which are customarily and normally on interstate or local trucks.

B.

The parking of unusual vehicles or the use of any other unusual device or contrivance visible from a public or private road or right-of-way for advertising or commercial purposes is prohibited.

A.

General. All signs and sign structures which are or have been erected or maintained unlawfully shall be considered illegal and subject to the removal procedures of this subsection.

B.

Special Removal Provisions for Certain Signs. The provisions of this subsection B apply to banners, promotional signs, sidewalk or sandwich signs, snipe signs, and special event signs:

1.

The Village finds that, in view of the inexpensive nature of these signs and the administrative burden which would be imposed by elaborate procedural prerequisites prior to removal, any procedure other than summary removal of these signs when unlawfully erected and maintained would defeat the purpose of regulating such signs. Therefore, the Building Official is authorized to remove such signs when unlawfully erected and maintained, subject to the provisions contained in subsection C below.

2.

After summary removal of a sign in accordance with this section, the Building Official will notify, either in person or by first class postage, prepaid, the occupant of the property from which the sign was removed, and, if the sign identified a party other than the occupant of the property, the party so identified. The notice will advise that the sign has been removed, and will state that the sign may be retrieved within 30 days of the date of the notice and that if the sign is not retrieved within 30 days it will be disposed of by the Village. If the sign is removed from public property, no notice is required. The Village will dispose of all unclaimed signs after the expiration of the 30-day period.

C.

Other Unlawful Signs. Signs which are or have been erected or maintained unlawfully but are not subject to subsection B above shall be subject to the following removal procedures:

1.

The Building Official shall prepare a notice which describes the sign, specifies the violation involved, and states that, if the sign is not removed or the violation is not corrected within 15 days, the sign shall be removed in accordance with the provisions of this subsection.

2.

All notices mailed by the Building Official shall be sent by certified mail, return receipt requested. Any time periods provided in this subsection shall be deemed to commence on the date of the receipt of the certified mail.

3.

The notice shall be mailed to the owner of the property on which the sign is located as shown on the last equalized assessment roll. If the owner of the sign and/or the occupant of the property are known, or with reasonable care should be known, the notice shall also be mailed to or delivered to the owner of the sign and/or the occupant of the property.

4.

If the Building Official is unable to determine the identity of the sign owner or user or the owner of the property on which the sign is located, the notice may be affixed in a place conspicuous to the sign or to the business premises with which the sign is associated. The Building Official shall require a new sign permit to be issued for each existing sign classified as a legal nonconforming sign. A photograph of each sign so classified shall be attached to the Village's copy of the permit application.

5.

Any person having an interest in the sign or the property may appeal the determination of the Director ordering removal or compliance by filing a written notice of appeal with the Village within 15 days after the date of receiving the notice.

6.

Upon completion of the notification procedures and after expiration of the 15-day appeal period, if no appeal has been filed, the Building Official shall have the authority to remove or contract with a contractor to remove the unlawful sign. All costs associated with the removal of the unlawful sign shall be assessed against the property owner. Each such assessment shall be a lien against the property until paid, in accordance with subsection E below.

D.

Emergency Work. If the Building Official determines that a sign would cause an imminent danger to the public safety, and contact cannot be made with a sign owner or building owner, written notice does not need to be served. In this emergency situation, the Building Official may correct the danger, with all costs being assessed against the property owner.

E.

Assessment of Costs.

1.

Shortly after the offending condition is corrected or removed by the Building Official and the expense of doing so is determined, the Building Official shall render a statement to the property owner or permittee or person having possession or right to use, by regular United States mail, addressed to the last known address of any such persons, informing the person of the sums due the Village.

2.

If such sums are not paid within 45 days, the Village Council shall, by resolution, levy a special assessment lien in the amount of all sums due the Village, plus interest on the amount at a rate of 12 percent per annum, plus all expenses which may be incurred incident to the enforcement of such lien, including any court costs or attorney's fees, until final payment of all sums have been made.

3.

Liens shall be recorded in the public records of Lee County and shall remain in full force and effect until finally paid. The Village shall furnish releases of the subject lien upon proper satisfaction having been made. The lien may be enforced in the manner provided by state law for the enforcement of liens or the foreclosure of mortgages.

A.

The sign area shall be measured from the outside edges of the sign or the sign frame, whichever is greater, excluding the area of the supporting structures provided that the supporting structures are not used for advertising purposes and are of an area equal to or less than the permitted sign area. In the case of wall signs without a border or frame, the surface area shall include such reasonable and proportionate space as would be required if a border or frame were used.

B.

When a single sign structure is used to support two or more signs, or unconnected elements of a single sign, the surface area shall comprise the square footage within the perimeter of a regular geometric form enclosing the outer edges of all the separate signs or sign elements.

C.

When signs are installed back-to-back, one face only is considered as the sign area. If unequal in size, the larger face will be counted.

A.

The height of a sign shall be considered to be the vertical distance measured from the adjacent road grade or upper surface of the nearest road curb, whichever is higher.

B.

For signs near elevated roads such as interchange overpasses, height shall be measured from the road grade of the adjacent road that provides access to the property hosting the sign.

A.

Sight Triangle. No sign shall impair visibility at a road intersection or driveway entrance. Within the area formed by the right-of-way lines of intersecting roads or roads and driveways, and a straight line connecting points on such right-of-way lines at a distance of 25 feet from their point of intersection, such connecting lines extending beyond the points to the curved lines, there shall be a cleared space with no obstructions between the height of three feet and the height of ten feet above the average grade of each road, measured at the road's centerline, known as the Sight Triangle.

B.

Clearance from High-Voltage Power Lines. Signs shall have ten feet of clearance from all overhead electrical conductors and three feet of clearance from all secondary voltage service drops.

A.

General. All signs shall comply with the appropriate provisions of the Florida Building Code relating to design, structural members, and connections. Illuminated signs shall also comply with provisions of the National Electrical Code, and all electrical work shall be Underwriters' Laboratories approved or be certified by an electrician licensed by Lee County. Signs shall also comply with the additional standards set forth in this chapter.

B.

Erection by Licensed Contractor. No sign may be erected except by a licensed contractor, other than a painted wall sign, if the sign:

1.

Exceeds 32 square feet in area;

2.

Exceeds ten feet in height; or

3.

Requires or uses electricity from other than a previously approved source.

C.

Structural Design.

1.

Structural drawings reviewed and certified by an engineer registered by the state shall be required for any sign exceeding 40 square feet in area or 20 feet in height. Wind load calculations shall be submitted with the engineer's submittal.

2.

For signs that are 40 or fewer square feet in area, the Building Official may require wind load calculations be submitted prior to issuing a permit.

3.

A wall shall be designed for and have sufficient strength to support any sign which is attached to it.

D.

Materials for Ground Signs.

1.

All ground sign structures or poles shall be self-supporting structures erected on and permanently attached to concrete foundations.

2.

All wood used for any portions of new permanent signs or for replacement of existing permanent signs shall be rot and termite resistant through open-cell preservation methods as specified by the American Wood Preservation Association, or by any other open-cell preservation treatment approved by the Building Official.

E.

Electric Signs.

1.

All signs with electricity, including portable signs, shall be certified by the sign contractor that the sign meets the standards established by the National Electrical Code. All electric signs shall be erected and installed by a licensed sign contractor. The electrical connection to a power source shall be performed by a licensed electrical contractor.

2.

Artificial light used to illuminate any sign from outside the boundaries of the sign shall be screened in a manner that prevents the light source from being visible from any abutting right-of-way or adjacent property and shall comply with Section 5-6, Exterior Lighting Standards.

F.

Supports and Braces. Metal supports or braces shall be adequate for wind loadings. All metal wire cable supports and braces and all bolts used to attach signs to brackets or brackets and signs to the supporting building or structure shall be made of galvanized steel or of an equivalent corrosive resistant material. All such sign supports shall be an integral part of the sign.

G.

Anchoring. No sign shall be suspended by chains or other devices that will allow the sign to swing due to wind action. Signs shall be anchored to prevent any lateral movement that would cause wear on supporting members or connections.

H.

Maximum Angle for Double-Faced Signs. Double-faced signs with opposing faces having an interior angle greater than 30 degrees are prohibited.

I.

Landscaping.

1.

Approved landscaping shall be functional and decorative. It shall be designed for minimal maintenance and capable of withstanding vandalism. The support structure of the sign may, if properly designed, be included as part of the landscaping.

2.

The least dimension of the landscaped area shall be the greatest dimension of the sign, and the sign shall not extend beyond the landscaped area. The area enclosed by curbing shall be landscaped with shrubs and ground cover.

J.

Polyester Film Window Graphics. The use of polyester film window graphics is prohibited.

A.

Permit Required to Be Affixed. No sign for which a permit is required by this chapter shall be erected, displayed, rebuilt, repaired, painted, or otherwise maintained until a Village sign permit number is painted on or otherwise affixed to the sign or sign structure in such a manner as to be plainly visible from the road.

B.

Identification Plate Required. All off-site signs erected or remodeled shall bear, in a permanent position, a clearly legible identification plate stating the name and address of the owner of the sign, the person responsible for its construction and erection, and the date of erection. Electrical signs shall be marked with input amperages at the full load input.

A.

All signs for which a permit is required by this chapter, including their supports, braces, guys, and anchors, shall be maintained so as to present a neat, clean appearance. Painted areas and sign surfaces shall be kept in good condition, and illumination, if provided, shall be maintained in safe and good working order.

B.

Weeds and grass shall be kept cut in front of, behind, underneath, and around the base of ground signs for a distance of ten feet, and no rubbish or debris that would constitute a fire or health hazard shall be permitted under or near such signs.

A.

Temporary Signs. The following types of temporary signs are permitted in all zoning districts, provided they are not prohibited by Sec. 6-104, Prohibited Signs. They shall comply with the following standards:

B.

Permanent Signs in Residential Development. Permanent signs are permitted in residential development in accordance with the standards in the following tables.

C.

Permanent Signs in Commercial and Mixed-Use Areas. Permanent signs are permitted in commercial and mixed-use development in accordance with the standards in the following tables.

D.

Interstate Highway Interchange Area Signs. The Building Official may approve interstate highway interchange area signs in accordance with the following:

1.

Purpose. It is the purpose of this subsection to provide on-site signage visible from I-75 for auto- and traveler-oriented commercial establishments located in accordance with subsection 2 below.

2.

Location. Interstate highway interchange area signs shall be located within one quarter mile of the midpoint of an I-75 intersection and are prohibited in the eastern quadrant of the Corkscrew Road intersection with I-75.

3.

Application for Approval. In addition to the procedures set forth in Sec. 2-505.B, Monument Sign Permit, the following additional materials shall be submitted with the application:

A.

Where applicable, as determined by the Building Official, a letter from the Southwest Florida International Airport confirming it has no objection to the proposed location and height of the sign; and

B.

A notarized letter from the property owner consenting to the application, where the applicant is not the property owner.

4.

Spacing and Dimensional Regulations.

A.

Only one interstate highway interchange area sign structure may be located in each quadrant of the I-75 interchange, but the structure may contain identification messages visible to both directions of travel along the interstate.

B.

The maximum height of an interstate highway interchange sign shall be 50 feet, and the maximum sign area shall be 400 square feet.

C.

Property owners who erect an interstate highway interchange sign in the western quadrants of the Corkscrew Road intersection with I-75 may also install one additional on-site sign. The additional on-site sign will not be included in calculating sign area or the number of signs permitted by other regulations in this subsection.

D.

The bottom of the sign shall be a minimum of 30 feet above grade.

E.

There shall be a minimum 15-foot setback from street rights-of-way or street easements.

5.

Exclusion from Other Sign Calculations. Interstate highway interchange area signs are not included in calculating sign area or the number of signs permitted by other regulations in this section.

Bus benches with signs and bus shelter signs shall only be provided by the Village or Lee County.

Nonconforming signs shall be subject to the standards in this section.

Every sign which was a permitted legally existing sign at the time of its erection and which no longer complies with the standards of this chapter is deemed a legal nonconforming sign. For purposes of this section, a permitted legally existing sign means a sign that was constructed or in place with a valid permit from Lee County prior to December 31, 2014, or from the Village of Estero on or after December 31, 2014.

A.

Maintenance Required. Nothing in this subsection shall relieve the owner or user of a legal nonconforming sign or owner of the property on which the legal nonconforming sign is located from compliance with the provisions of this LDC, in particular this Chapter 6: Signage, regarding safety, maintenance, and repair of signs.

B.

Maintenance Limits. Any repair or refurbishing of a nonconforming sign that exceeds 25 percent of the value of the sign in its preexisting state shall be considered as an act of placing a new sign and not an act of customary maintenance (see Sec. 6-405.A, Creation of Illegal Sign). It shall be the responsibility of the permittee to provide the Director with adequate proof of the cost of such work in the form of an itemized statement of the direct repair cost when requested.

C.

Lighting. The act of lighting a nonconforming sign shall be considered as an act of placing a new sign and not an act of customary maintenance (see Sec. 6-405.A, Creation of Illegal Sign).

If any nonconforming sign is destroyed to an extent of 50 percent or more of its assessed value at the time of destruction, the sign shall not be replaced or repaired, in part or in full, except in full compliance with this Chapter 6: Signage.

A.

Creation of Illegal Sign. A nonconforming sign shall become an illegal sign if:

1.

More than 50 percent of the sign is removed or unassembled for a period of more than six months.

2.

A sign face remains blank, defined as void of advertising matter, for a period of 12 months. Signs displaying an "available for lease" message or similar message, and partially obliterated signs which do not identify a particular product, service, or facility are considered to be blank signs.

3.

The sign is altered or relocated in any manner which increases its nonconformity or causes it to be less in compliance with the provisions of this chapter.

A.

A change in the copy of a sign listed as a prohibited sign in Sec. 6-104, Prohibited Signs, is presumed to be an alteration which increases nonconformity.

B.

To establish that the nonconformity is not increased by replacing copy on a sign, other than on a changeable copy sign (where it is presumed that changing copy cannot increase nonconformity) or a prohibited sign (where a change of copy is never allowed), a sealed statement from a state-certified engineer certifying that the sign meets the structural integrity required by the current applicable Building Code shall be submitted to the Building Official in those instances when engineering documents are required for original placement of such a sign (see Sec. 2-505.B, Monument Sign Permit).

4.

Repair or refurbishment in excess of 25 percent of the value of the sign in its preexisting state.

5.

A billboard is expanded or the copy area of the sign is converted to an electronic sign, except along state or county roads where state law provides otherwise.

6.

The sign is replaced.

B.

Disposition of Illegal Sign.

1.

A nonconforming sign that has lost its nonconforming status shall be immediately brought into compliance with Chapter 6: Signage, or the sign shall be removed.

2.

The existence of an illegal sign or a nonconforming sign does not constitute a hardship warranting the issuance of a variance from the provisions of this section or Chapter 6: Signage.