The purpose of this article is to promote the public health, safety and general welfare through reasonable, consistent and nondiscriminatory sign standards. The sign regulations in this article are not intended to censor speech or to regulate viewpoints, but instead are intended to regulate the adverse secondary effects of signs. The sign regulations are especially intended to reach the secondary effects that may adversely impact aesthetics and safety. The City of Fellsmere is predominately residential and desires to maintain a small town character and very much to continue to be a community that contains a visually attractive environment. In order to preserve and promote the city as a desirable community in which to live and do business, a pleasing, visually attractive environment is of foremost importance. The regulation of signs within the city is a highly contributive means by which to achieve this desired end. These sign regulations have been prepared with the intent of enhancing the visual environment of the city and promoting its continued well-being and are intended to regulate the design, construction, and location of signs to achieve the following:

A.

Encourage the effective use of signs as a means of communication in the city.

B.

Maintain and enhance the aesthetic environment and the city's ability to attract sources of economic development and growth.

C.

Protect the public safety and welfare, including improving pedestrian and traffic safety.

D.

Preserve the unique planned character and the natural and scenic environment of the city.

E.

Minimize the possible adverse effect of signs on nearby public and private property.

F.

Foster the integration of signage with architectural and landscape designs.

G.

Preserve, conserve, protect, and enhance the aesthetic quality and scenic beauty of all districts of the city.

H.

Lessen the visual clutter among sign displays which would distract vehicle operators, place excessive demands on public attention, or have a detrimental effect on the character and appearance of the residential, commercial, and industrial areas of the city.

I.

Regulate signs in a manner so as to not interfere with, obstruct the vision of or distract motorists, bicyclists or pedestrians.

J.

Allow signs that are compatible with their surroundings and aid orientation, while precluding the placement of signs that contribute to sign clutter or that conceal or obstruct adjacent land uses or signs.

K.

Encourage and allow signs that are appropriate to the zoning district in which they are located and consistent with the category of use and function to which they pertain.

L.

Provide ample opportunity for business advertisement while preventing excessive, dangerous, and unsightly signs.

M.

Curtail the size and number of signs and sign messages to the minimum reasonably necessary to identify a residential or business location and the nature of any such business.

N.

Reasonably assist potential customers in locating and identifying services, facilities, and products offered within the city.

O.

Protect property values by precluding, to the maximum extent possible, sign types that create a nuisance to the occupancy or use of other properties as a result of their size, height, illumination, brightness, or movement.

P.

Protect property values by ensuring that sign types, as well as the number of signs, are in harmony with buildings, neighborhoods, and conforming signs in the area.

Q.

Establish sign size in relation to the scale of the lot and building on which the sign is to be placed or to which it pertains.

R.

Categorize signs based upon the function that they serve and tailor the regulation of signs based upon their function.

S.

Preclude signs from conflicting with the principal permitted use of the site and adjoining sites.

T.

Regulate signs in a manner so as not to interfere with, obstruct the vision of or distract motorists, bicyclists or pedestrians.

U.

Allow for traffic control devices consistent with national standards and whose purpose is to promote highway safety and efficiency by providing for the orderly movement of road users on streets and highways, and that notify road users of regulations and provide warning and guidance needed for the safe, uniform and efficient operation of all elements of the traffic stream.

V.

Except to the extent expressly preempted by state or federal law, ensure that signs are constructed, installed and maintained in a safe and satisfactory manner, and protect the public from unsafe signs.

W.

Regulate the appearance and design of signs in a manner that promotes and enhances the beautification of the city and that complements the natural surroundings in recognition of the city's reliance on its historical and small town character and natural surroundings and beautification efforts in retaining economic advantage for its commercial and industrial areas, as well as for its residential community.

X.

Enable the fair and consistent enforcement of these sign regulations.

Y.

Provide for adequate maintenance and inspection of signs to protect the public from unsafe signs.

(Ord. No. 07-02, art. I, § 1.0, 3-15-2007; Ord. No. 2011-02, § 3(Exh. A), 7-7-2011)

Words and phrases used in this article are defined in article II, Definitions, of the City of Fellsmere's Land Development Code, having an effective date of March 15, 2007.

(Ord. No. 07-02, art. I, § 2.0, 3-15-2007; Ord. No. 2011-02, § 3(Exh. A), 7-7-2011)

This chapter shall apply to all signs within the City of Fellsmere.

(Ord. No. 07-02, art. I, § 3.0, 3-15-2007; Ord. No. 2011-02, § 3(Exh. A), 7-7-2011)

This article shall not pertain to the following:

A.

A sign (except a window sign which shall be subject to the provisions of this article) located entirely inside the premises of a building or enclosed space.

B.

A sign on a car, other than a prohibited vehicle sign or signs.

C.

A statutory sign.

D.

A traffic control device sign.

(Ord. No. 07-02, art. I, § 4.0, 3-15-2007; Ord. No. 2011-02, § 3(Exh. A), 7-7-2011)

It shall be unlawful for any person or business or the person in charge of the business to erect, construct, alter or maintain an outdoor advertising display sign, as defined in the Florida Building Code, without first obtaining a building permit from the city in accordance with the provisions of the Florida Building Code and applicable law. Permit fees for a building permit shall be paid in accordance with the applicable city fee schedules. The requirement of a building permit under the Florida Building Code is separate and independent of the requirement for a sign permit under this article.

(Ord. No. 07-02, art. I, § 5.0, 3-15-2007; Ord. No. 2011-02, § 3(Exh. A), 7-7-2011)

Notwithstanding anything contained in this article or City Code to the contrary, any sign erected pursuant to the provisions of this article or City Code may, at the option of the owner, contain a noncommercial message in lieu of a commercial message, and the noncommercial copy may be substituted at any time in place of the commercial copy. The noncommercial message (copy) may occupy the entire sign face or any portion thereof. The sign face may be changed from commercial to noncommercial messages, or from one noncommercial message to another noncommercial message, as frequently as desired by the owner of the sign, provided that the size, height, setback and other dimensional criteria contained in this article and City Code have been satisfied.

(Ord. No. 07-02, art. I, § 6.0, 3-15-2007; Ord. No. 2011-02, § 3(Exh. A), 7-7-2011)

Notwithstanding anything in this article or Code to the contrary, no sign or sign structure shall be subject to any limitation based upon the content (viewpoint) of the message contained on such sign or displayed on such sign structure.

(Ord. No. 07-02, art. I, § 7.0, 3-15-2007; Ord. No. 2011-02, § 3(Exh. A), 7-7-2011)

Any sign installed or placed on public property, except in conformance with the requirements of this article, shall be deemed illegal and shall be forfeited to the public and subject to confiscation. In addition to other remedies hereunder, the city shall have the right to recover from the owner or person placing such sign the cost of removal and disposal of such sign.

(Ord. No. 07-02, art. I, § 8.0, 3-15-2007; Ord. No. 2011-02, § 3(Exh. A), 7-7-2011)

A.

Removal and disposition of signs unlawfully placed in public rights-of-way. Any sign unlawfully placed, erected, affixed or existing in any public street, road, highway, alley or right-of-way in the city and in contravention of any provision of these regulations, shall be removed and confiscated by the enforcing official immediately upon discovery, in furtherance of the intent and purpose of this article as stated in these regulations, and any such sign shall be dealt with in the following manner.

1.

If the sign is designed and constructed for temporary use only, and is made, fabricated or constructed of a material or materials having a minimal and negligible durability and value, such as paper, cardboard, plywood, plastic, or like material, the enforcing official shall summarily destroy or dispose of such sign without prior investigation as to the ownership or origin thereof, or notice to the owner.

2.

If the sign is designed and constructed for extended and protracted use and is made, fabricated or constructed of a material or materials having more substantial durability and significant value than that described in the preceding subsection A.1., the enforcing official shall as soon as practicable after removal of the sign make a reasonable investigative effort to ascertain the identity of the owner of the sign. If the identity of the owner is ascertained, the enforcing official shall promptly notify such owner in writing that the sign has been confiscated and may be redeemed by the owner within ten days after the owner's receipt of such notice and payment by the owner to the city of a $25.00 per sign administrative fee. In such event, if the owner of the sign requests possession of the sign in writing and pays the $25.00 per sign administrative fee within the ten-day period immediately following such owner's receipt of the aforesaid notice, the enforcing official shall surrender possession of the sign to the owner. If the owner fails to request possession of the sign in writing, pay the $25.00 per sign administrative fee, and collect the sign at the Fellsmere City Hall, all within the ten-day period immediately following the owner's receipt of the aforesaid notice, the enforcing official shall, upon the expiration of said ten-day period, destroy or dispose of such sign without further notice to the owner. If the enforcing official has conducted a reasonably thorough investigative effort to determine the identity of the owner of the sign and has been unable to ascertain the identity of the owner and furnish such owner with written notice of the confiscation of the sign as above provided within a period of 15 days immediately following the confiscation of the sign, the enforcing official shall, at the expiration of said 15-day period, destroy or dispose of such sign without further effort to locate or notify the owner.

(Ord. No. 07-02, art. II, § 1.0, 3-15-2007; Ord. No. 2011-02, § 3(Exh. A), 7-7-2011)

A.

Sign permit required. Unless exempt from permitting as described in subsection B. below, it shall be unlawful for any person to erect, alter, relocate, maintain or display a sign without first obtaining a validly-issued sign permit from the city as set forth in article XVII of this Code and paying the appropriate fee. No sign permit shall be issued for the erection of a prohibited sign.

B.

Exceptions from permitting. The following types of signs, while they may be covered by other provisions of this article, shall be exempt from all sign permit requirements of this article.

1.

Any sign of the type described in section 10.4.

2.

Allowed temporary and allowed permanent signs of the type described in section 10.13. However, these exemptions in no way waive requirements of the Florida Building Code or any limitation or restriction on the number, size, height, setback, placement or duration of such signs under this article, or any limitation or restriction under any other applicable law or regulation.

C.

Sign permit fees. Before issuance of a permit, the city manager or designee shall collect the necessary sign permit fees. The sign permit fees shall be as designated by resolution of the city council.

D.

Permits not required for change of sign copy. No permit or permit fee shall be required for changing the copy of a sign, as long as no changes are made to the sign's height, size, location, or structure. This exemption shall also apply to any change of copy on a changeable copy sign.

E.

Sign permit applications. To obtain a sign permit, the property owner shall submit to the city manager or designee or such other office as may be designated by the city, a completed application form provided by the city in accordance with article XVII of this Code. The sign permit application is in addition to any building permit application required by the Florida Building Code. The sign application shall be reviewed for a determination of whether the proposed sign meets the applicable requirements of this article and any applicable zoning law. In addition to the application requirements set forth in article XVII, an application for a sign permit shall include the following additional information.

1.

[Reserved.]

2.

Street address of the property upon which the sign is to be located. If requested by the city, a legal sketch or survey of the property shall be submitted to assist in the review of the application for compliance with required sign setbacks.

3.

Lot frontage on all streets and public rights-of-way and total lot area.

4.

One copy of the approved site plan showing the sign location, setbacks from lot lines, building footprints of principal structures on the property, driveways and parking lots, and number, type, location, and surface area of all other existing signs on the lot. At the discretion of the community development director, a site sketch may be submitted in lieu of an approved site plan.

5.

For wall sign plans, the elevation of the building wall on which the sign is to be attached (with dimensions drawn to scale); indicating finished floor and roof line, windows, doors and other openings, and an illustration of how the wall sign will be attached to the building.

6.

Number, type, location and surface area of all existing signs on the same property.

7.

For temporary special-event signs, the dates on which the sign will be displayed. If the applicant wishes to amend the original dates specified within the permit, the applicant shall notify the city manager or designee of the change, and the city manager or designee shall amend the permit accordingly.

8.

Description of the sign illumination, specifying illumination type, placement, intensity, and hours of illumination.

9.

Sign elevation containing an accurate depiction of sign materials, colors, graphics, and lettering; maximum and minimum height of the sign measured from finished grade and sign dimensions including the regulated surface area of the sign.

10.

Landscape plan demonstrating compliance with the landscape requirements for signs, as applicable.

F.

Sign permit application review. An applicant shall deliver a sign permit application for a sign to the city manager or designee. The sign permit application shall be reviewed for a determination of whether the proposed sign meets the applicable requirements of this article and any applicable zoning law. The review of the sign permit application shall be completed within 30 days of receipt of a permit application and any applicable fees, not counting the day of receipt and not counting any Saturday, Sunday, or legal holiday which falls upon the first or the 30th day after the date of receipt. The city manager or designee shall approve, approve with conditions (meaning legal conditions existing in the city's Code such as dimensional requirements), or deny the sign permit application and shall state the reason(s) for any denial in writing and on the application. If denied because of failure to decide upon the application within the deadline set forth, the city manager or designee shall upon request, refund any applicable fee to the person who paid the fee. In the event no decision is rendered within 30 days following submission, the application shall be deemed denied and the applicant may appeal to the board of adjustment. Any appeal shall be heard and a decision rendered within the time frames specified in this article for appeals.

1.

An approval, an approval with conditions, or disapproval by the city manager or designee shall be deemed the final decision of the city upon the application.

2.

In the case of an approval with conditions or disapproval, including disapproval by lapse of time as described herein, an applicant may ask for reconsideration of the decision on the grounds that the city manager or designee may have overlooked or failed to consider any fact(s) that would support a different decision. A written request for reconsideration accompanied by such additional fact(s) as the applicant may wish the city manager or designee to consider, shall be filed with the city manager or designee within ten calendar days after receipt of the decision. No fee shall be required for a request for reconsideration. Upon the timely filing of a request for reconsideration, the decision of the city manager or designee shall be deemed stayed and not a final decision, until the request for reconsideration is decided. The request for reconsideration shall be decided within seven days of receipt by the city, not counting any intervening Saturday, Sunday, or legal holiday. Such decision shall be in writing and shall include a statement of the reason(s) for the decision. If the disapproval of the request for reconsideration was a consequence of a failure to decide upon the application within the deadline set forth herein, the city manager or designee shall verify upon request that any applicable fee was refunded even if the city manager or designee approves the application upon reconsideration.

3.

All decisions shall be mailed or hand delivered to the applicant. A record shall be kept of the date of mailing or hand delivery. For the purposes of calculating compliance with the 30-day deadline for a decision upon an application or the seven-day deadline for a decision upon request for reconsideration, the decision shall be deemed made when deposited in the mail or hand delivered to the applicant.

4.

As exceptions to the foregoing, the 30-day deadline for approval and the seven-day deadline for a decision upon receipt of a request for a reconsideration shall not apply (that is, the time shall be suspended):

i.

In any case in which the application requires a variance from any provision of the City Code, a rezoning of the property, or an amendment to the comprehensive plan of the city. In such cases, the time shall be suspended until a final decision is made upon the application for the variance, rezoning, or comprehensive plan amendment.

ii.

If the applicant is required to make any change to the application in order to obtain an unconditional approval, the time shall be suspended while the applicant makes such change.

iii.

If an applicant is required to obtain an approval from any other governmental agency, the time shall be suspended until such approval is obtained.

iv.

In any of the foregoing cases, the applicant may elect to seek a variance, make no change to the application, or obtain no approval that may be required by another governmental agency, and may instead demand a decision upon the sign permit application as filed. In such event, the city manager or designee shall make a decision on the application as appropriate within five business days after receiving such demand. If a decision is not made in such a time, the application shall be deemed denied and the city manager or designee shall verify that any applicable fee was refunded to the person who paid the fee.

v.

An application which is materially incomplete or which is not accompanied by the required fee shall not be deemed accepted and the time for review of the application shall not commence until a complete application accompanied by the required fee is filed with the city manager or designee. However, the city manager or designee shall keep the record of incomplete application or any application not accompanied by the correct fee, as required by applicable public record laws. In addition, the city manager or designee shall, within 30 days of receipt of such an application, send the applicant a written explanation of the deficiencies in the application and ask that the deficiencies be remedied; explaining that the application cannot proceed forward otherwise and the review will be suspended pending receipt of the required information or documentation. The applicant must then submit a new application with the deficiencies corrected in order for it to be considered by the city manager or designee.

5.

Any person aggrieved by the decision of the city manager or designee upon his or her sign permit application shall have the right to seek judicial review by the Circuit Court of the Nineteenth Judicial Circuit in and for Indian River County, Florida, or any other court of competent jurisdiction, filed in accordance with the requirements of law, seeking such appropriate remedy as may be available.

G.

Revocation of sign permit. If the work under any sign permit is proceeding in violation of this article, any other ordinance of the city, or should it be found that there has been any false statement or misrepresentation of a material fact in the application or plans on which the permit was based, the permit holder shall be notified of the violation. If the permit holder fails or refuses to make corrections within ten days, it shall be the duty of the city manager or designee to revoke such permit and serve notice upon such permit holder. Such notice shall be in writing and signed by the city manager or designee. It shall be unlawful for any person to proceed with any part of work after such notice is issued.

(Ord. No. 07-02, art. II, § 2.0, 3-15-2007; Ord. No. 2011-02, § 3(Exh. A), 7-7-2011)

It shall be unlawful for any person to erect, cause to be erected, maintain or cause to be maintained any sign in the city without full compliance with the restrictions, requirements and provisions of this article, and no person shall violate any provision of this article. The provisions of this article may be enforced through the powers and authority of the code enforcement special master, as authorized by Florida Statutes and City Code, or by suit for prohibitory or mandatory injunctive relief, or by any other lawful remedy existing at law or in equity for the enforcement of municipal ordinances.

(Ord. No. 07-02, art. II, § 3.0, 3-15-2007; Ord. No. 2011-02, § 3(Exh. A), 7-7-2011)

The following provisions apply to signs and sign types described in these allowed sign regulations, except where otherwise noted in this article. Signs shall only be allowed on developed parcels except for those signs listed in section 10.13.

A.

Freestanding signs. Permanent freestanding signs shall be allowed in all nonresidential zoning districts. All freestanding signs in nonresidential zoning districts shall be monument signs or dual post signs. Residential zoning districts or subdivisions and multi-family developments within mixed use districts may have only monument style freestanding signs in addition to other signs as may be allowed herein. All freestanding signs must adhere to the set back requirements set forth in Table A. The setback shall be measured from the nearest protrusion of the sign, sign foundation, or sign face to the property line.

1.

Number.

i.

Each multiple-occupancy complex and each business not located in a multiple-occupancy complex may display freestanding signs as set forth in Table A.

ii.

For properties with more than one freestanding sign, with a lot area of at least 40,000 square feet, but less than 75,000 square feet, the minimum spacing shall be no closer than 75 feet to any other permanent sign permitted under this subsection.

iii.

For properties with more than one freestanding sign, with a lot area of at least 75,000 square feet or more including out-parcels on a public right-of-way, the minimum spacing shall be no closer than 300 feet to any other permanent sign permitted under this subsection. No property shall have greater than 600 square feet of total freestanding sign area and any one sign shall not exceed more than 300 square feet of sign area.

iv.

Those properties that exceed a 400 feet sign spacing may place additional entryway signs at each access point, provided each additional sign must be a freestanding sign and may not exceed 48 square feet in area.

v.

Parcels on corner lots fronting on two public rights-of-way may have one sign on each right-of-way, as provided in this section.

2.

Design standards.

a.

Monument signs. Monument signs shall be full to base with the base comprising at least 60 percent of the sign face width. Monument signs shall be constructed of concrete or concrete block or may be pole mounted signs with the base enclosed. The maximum allowed height of any sign shall be in accordance with Table A.

b.

Dual post signs. Dual post signs shall consist of a sign face set between two wood, wood simulated plastic or metal composite posts. The sign face shall be raised above the ground by at least two feet. The minimum size of the posts shall be four inches × four inches (nominal), and the maximum size shall be six inches × six inches (nominal). The maximum allowed height of any dual post sign shall be eight feet. The maximum sign area of any dual post sign shall be 48 square feet.

c.

All signs shall be compatible in style and color with the main building.

TABLE A. FREESTANDING SIGN ALLOWANCES

¹  No property shall have greater than 600 square feet of total freestanding sign area and any one sign shall not exceed more than 300 square feet of sign area.

B.

Interchange signage.

1.

This section applies to development of parcels with frontage on CR 512 within all commercial districts, the REAC district, and planned development district in the following described areas.

i.

750 feet west of the center of the I-95 interchange and CR 512 (longitude and latitude) on the north side of CR 512.

ii.

1,000 feet west of the center of the I-95 Interchange and CR 512 (longitude and latitude) on the south side of CR 512.

iii.

1,000 feet east of the center of the I-95 Interchange and CR 512 (longitude and latitude) on either side of CR 512.

2.

Interchange signage shall only be allowed upon the following terms, limitations and conditions.

i.

No interchange highway sign shall be erected, placed or maintained on property lying in any residential area of a mixed use development.

ii.

At submittal of a final site plan application, the applicant shall provide a site plan showing orientation and setback of the sign to the property boundary and nearest proposed or existing buildings; proposed landscaping at the base of the sign as required by this Code proposed sign lighting method; and proposed sign elevations containing an accurate depiction of materials, graphics, colors and lettering.

iii.

No interchange highway sign shall be erected or maintained on property in common ownership closer than 250 feet from any other interchange highway sign on the same side of the road or within 500 feet of any other interchange highway sign.

iv.

No interchange highway sign shall be erected or maintained closer than 25 feet from any public right-of-way, 25 feet from any intersection or I-95 on/off ramps, nor closer than 25 feet from any property line.

v.

No interchange highway sign shall bear, contain or consist of any moving electronic reader board or rotating message board defined as any text or image changing more frequently than once per minute.

vi.

No interchange highway sign shall have more than one sign facing the same direction and mounted on the same base or supports. Two signs may be allowed if each sign advertises a different business occupying the property in which the sign is located. Such signs may be dual faced.

3.

Height. No sign shall exceed a maximum height of 20 feet measured from the crown of the road, except by conditional use approval of the city council as described herein.

4.

Additional height for interchange highway signs only. Such signs shall only be granted through the city's conditional use permit process, pursuant to the following conditions.

i.

Maximum height cannot exceed 50 feet, measured from the crown of the road and the maximum size of sign shall be 300 square feet.

ii.

All project related landscaping regardless of location or type shall be increased in both quantity and size by at least 20 percent.

iii.

For each three additional design features that the development incorporates into the project design, an additional ten feet of sign height may be granted up to a maximum of 50 feet.

1)

Canopies or porticos, integrated with the building's massing and style.

2)

Low impact design for stormwater treatment.

3)

Arcades, a minimum of eight feet clear in width.

4)

Sculptured artwork.

5)

Raised cornice parapets over doors.

6)

Peaked and varied level roof forms containing a minimum of three roof variations.

7)

Arch or other decorative reliefs within wall planes.

8)

Display windows.

9)

Ornamental and structural architectural details, other than cornices, which are integrated into the building structure and overall design pursuant to these regulations.

10)

Gazebos.

11)

Any treatment that, in the opinion of the city, meets the intent of this section.

12)

Water element(s), such as fountains, statuary, and the like.

13)

Integration of specialty pavers or stamped concrete along the building(s) walkway; said treatment shall constitute a minimum of 60 percent of the walkway area.

14)

Decorative outdoor plaza with seating comprising a minimum of 100 square feet in size and containing landscape planters or planting areas a minimum of five feet wide, 200 square feet in area, and designed to provide areas for shaded seating.

iv.

The city council may impose more of the requirements upon finding that it will improve the general safety, welfare, health, appearance, or aesthetics and is in conformance with the comprehensive plan and this Code.

C.

Wall signs.

i.

Number and size. Wall signs may be placed on any side of a nonresidential building that faces a public street or parking lot pursuant to Table C. The aggregate square-footage of surface area of all wall signs on such building side shall not exceed the linear footage of the building side.

ii.

[Reserved.]

iii.

Projection and height. No wall sign shall project above the roof line or beyond the wall of the structure to which the sign is attached, project into the public right-of-way, or project more than 12 inches from the wall to which the sign is attached. Any wall sign that projects more than two and one-half inches from a wall shall be mounted so that the bottom of the sign is no closer then nine feet to the ground at grade level.

iv.

Zoning districts. Wall signs shall be allowed in all zoning districts; however in residential districts, a wall sign shall only be allowed on a perimeter wall in place of a freestanding monument sign.

D.

Projecting signs.

i.

Number and size. One projecting sign may be substituted for a wall sign if the surface area of the projecting sign does not exceed the allowable surface area of the substituted wall sign.

ii.

Setback. Minimum setback shall be ten feet from any adjacent establishment.

iii.

Projection and height. No projecting sign shall extend more than four feet from the building wall on which the sign is attached. The top of a projecting sign shall not extend more than 20 feet above ground level and shall not extend above the building roof line. Projecting signs shall have a minimum clearance of nine feet from the bottom of the sign to the finished grade and shall not project into the public right-of-way unless otherwise approved as part of the sign permit. No business shall have both a projecting sign and a wall sign on the same street frontage and no business shall have more than one projecting sign along the same street frontage. Waivers of the clearance provisions may be obtained for existing buildings within the Old Town District.

iv.

Zoning districts. Projecting signs shall be allowed in all commercial zoning districts or planned development districts (not industrial or residential).

E.

Canopy signs. Instead of a wall sign or a projecting sign, each separate establishment may have one canopy sign which hangs from a horizontal surface, such as a canopy, awning, or marquee, as long as the sign is no larger than six square feet and maintains a minimum clearance of nine feet from the bottom of the sign to the finished grade.

F.

Subdivision signs. Signs shall be approved as part of the final site plan process and may be part of a freestanding monument style or part of a perimeter wall. The sign area, including identification markings, such as logos and names, may not exceed 64 square feet.

G.

Marquee signs. Marquee signs, where permitted, shall be located in such a manner so that the bottom of the sign shall be no closer than nine feet to the ground at grade level. No part of a marquee sign shall extend beyond the marquee itself. Subject to such additional size (area) restriction as are applicable, a marquee sign shall in no event take up more than 80 percent of the face of the marquee.

H.

A-frame signs. One A-frame sign may be allowed in conjunction with any business within a nonresidential zoning district if placed within the property limits of the business or within a sidewalk area or right-of-way as set forth below. The A-frame sign may be no taller than four feet and have a sign face no larger than eight square feet. The sign shall be made of durable materials such as wood, plastic or metal. A-frame signs shall be removed from display during hours the business is closed and shall be moved as needed to allow routine maintenance around the sign location. Such signs may be placed within landscape or open space areas or upon a public or private sidewalk subject to maintaining a clear pedestrian travel path of at least four feet. A-frame signs shall not be placed within vehicular use areas. A-frame signs shall not be placed within a public right-of-way without approval from the city.

I.

Park bench or bus shelter advertising signs. One sign no larger than one square foot may be displayed on a park bench or bus shelter acknowledging the donor of the park bench or bus shelter, if applicable. Donor signs may be placed anywhere on the parked bench or bus shelter but must be flush mounted and may not extend beyond the limits of the surface to which it is attached. On bus shelters, one sign that is no larger than two square feet may be affixed to a bus shelter for advertising purposes. Such sign shall be installed within a sign frame that is colored the same color as the bus shelter and may be placed on any side but may not extend beyond the surface in which it is mounted. Bus shelter signs must be mounted flush to the surface. Signs that advertise product, service, or business that cannot be purchased, used or entered by anyone under the age of 18 years old are prohibited. In addition to such signs, bus stop identification and route information signs not exceeding two square feet in size may also be mounted flush on any surface of a bus shelter. The bus stop number and route information may extend out from the surface of the shelter no more than one foot.

J.

Wind signs. Wind signs may be allowed only as part of a temporary special event approved as set forth herein in conjunction with an application for special event.

K.

Signs placed on city property. No sign shall be placed on city property or within public rights-of-way without the approval of the city manager or his/her designee. The city manager shall have the authority to approve placement of A-frame, residential mailbox, temporary garage/yard sale, temporary event signs as further set forth herein, temporary valet parking station, park bench and bus stop informational signs.

L.

Off-site permanent monument identification signs. Off-site permanent freestanding signs, where permitted, shall be located at the corner of the intersection of two streets, one of which is the primary ingress and egress to the development. The freestanding sign must be located on property which is under the control of or owned by the same person or entity that owns the development identified by the sign, and the aforesaid development must consist of a lot or parcel complying with the requirements of the applicable zoning district. Such freestanding sign shall be removed in the event the lot and sign no longer remain under the same ownership or control. The freestanding sign shall not exceed 24 square feet in size (area) and shall not exceed six feet in height. The freestanding sign shall be set back a minimum of 30 feet from the intersection of the right-of-way lines and five feet from all front and side right-of-way lines.

M.

Other signs. The types of on-premise signs listed in Table B shall also be allowed, subject to the restrictions on their use as shown in the Table B. Except as otherwise provided in this article, no other types of signs shall be allowed within the city.

(Ord. No. 07-02, art. III, § 1.0, 3-15-2007; Ord. No. 2011-02, § 3(Exh. A), 7-7-2011)

The regulations in this section apply in every zoning district in the city, except where otherwise specified or indicated. Sign permits are not required for signs and sign-types described and identified below in this section; however the city council may at its discretion regulate temporary signs further by resolution by requiring a permit, fees or any other regulations it deems appropriate.

A.

Street address signs and residential mailboxes. For each parcel within the city, one attached wall street address sign may be displayed. For parcels in residential use, the street address sign shall not exceed two square feet in sign area. For each parcel in nonresidential use, the street address sign shall not exceed four square feet in sign area. In addition to street address signs, a residential mailbox with the address of the property affixed to it such that the address is no larger than one side of the mailbox shall be allowed for each residence in the city.

B.

Nameplate or occupant identification signs. For each residence, business or other occupancy within the city, one attached wall nameplate sign may be displayed. For residences the nameplate or occupant identification signs shall not exceed two square feet in sign area. For any nonresidential use, the nameplate or occupant identification sign shall not exceed four square feet in sign area.

C.

Noncommercial onsite parking space signs. Noncommercial onsite parking space number or identification signs, not exceeding one square foot of sign face per sign, shall be allowed on each parcel in noncommercial use having multiple parking spaces onsite. One such sign shall be allowed for each parking space. The maximum height for a freestanding or attached wall sign shall be six feet unless otherwise required by applicable law.

D.

Free expression signs. For each parcel within the city, one free expression sign not exceeding three square feet in sign area may be displayed on each frontage per parcel of land. The free expression sign may be displayed as an A-frame, wire frame or stick sign, window sign, or as a freestanding sign; if displayed as a freestanding sign, the freestanding sign shall not exceed three feet in height. A free expression sign is in addition to any other sign permitted under this Code and is permitted in any zoning district.

E.

Election signs. For each parcel within the city, one election sign for each candidate and each issue may be displayed on each frontage per parcel of land. An election sign may be displayed as an A-frame sign, wire frame or stick sign or as a freestanding sign. On parcels that are in residential use, the election sign shall not exceed three square feet in sign area, and if the election sign is displayed as a freestanding sign on the parcel, the election sign shall not exceed three feet in height. On parcels that are in nonresidential use, the election sign shall not exceed 16 square feet in sign area, and if the election sign is displayed as a freestanding sign on the parcel, the election sign shall not exceed six feet in height. An election sign shall be removed within seven calendar days following the election to which it pertains and shall not be erected sooner than 30 days prior to the election.

F.

Artwork. Artwork is allowed in all districts. However, art work that exceeds the height limit for signs within the zoning district in which it is located or covers an area of 100 square feet of more land area shall be approved by the city manager. The city manager's review shall be limited to impacts to adjacent properties due to height, mass, location, and impervious surface coverage and shall not address the content of the artistic work.

G.

Flagpoles. One flagpole is allowed for each parcel in the city unless approval is granted by the city council. Flagpoles in residential districts shall not exceed 25 feet in height and flagpoles in nonresidential districts shall not exceed 35 feet in height.

H.

Flags. For each detached dwelling unit in a residential district, two flags not greater than 15 square feet in sign area (each) may be displayed. For each parcel in a multi-family residential district and in a nonresidential district, three flags not greater than 24 square feet in sign area (each) may be displayed. Additional flags or flag size must be approved by city council.

I.

Warning signs and safety signs. Warning signs and safety signs, not exceeding four square feet in sign area, shall be allowed in all districts. The maximum height for these signs shall be six feet unless otherwise required by applicable law.

J.

Machinery and equipment signs. Machinery and equipment signs shall be allowed in all districts.

K.

Temporary construction signs. One temporary construction sign shall be allowed on each parcel within the city. Temporary construction signs shall not exceed three square feet in sign area, three feet in height for residential properties, or 16 square feet in sign area and six feet in height for nonresidential properties and may be installed upon application for a development permit and must be removed within 30 days of project completion of expiration of the development approval.

L.

Temporary real estate signs. For each parcel within the city, one temporary real estate sign may be displayed on each frontage per parcel of land. However, when more than one dwelling unit or nonresidential space on a parcel of land is for sale, lease, or rent, there shall only be one temporary window or attached real estate sign for each such unit or space that is separately owned. Temporary real estate signs shall not exceed three square feet in sign area, three feet in height for residential properties, or 12 square feet in sign area and five feet in height for nonresidential properties and may be A-frame sign, wire frame or stick sign, or freestanding sign. The temporary real estate sign shall be removed immediately upon the sale, lease or rent of the real estate that was offered for sale, lease, or rent.

M.

Temporary garage-yard sale signs. For each parcel within the city, one temporary garage-yard sale sign may be displayed on each frontage per parcel of land and may be A-frame sign, wire frame or stick sign, or freestanding sign. However, the sign shall only be displayed on the parcel of land upon which the garage sale is taking place. A temporary garage/yard sale sign shall not exceed three square feet in sign area and three feet in height. No more than five temporary off-premises garage/yard sale signs are allowed within city rights-of-way upon notification to the community development department of the time and location for the placement of the signs. A temporary garage/yard sale sign may not be displayed for a period longer than seven days during any calendar month and shall be removed upon the conclusion of the sale.

N.

Temporary window signs. For each parcel within the city, one or more temporary window signs may be displayed on the inside of the window. On parcels that are in residential use, the temporary window sign(s) shall not exceed an aggregate of three square feet in sign area. On parcels that are in nonresidential use, the temporary window sign(s) shall not exceed an aggregate of 16 square feet in sign area. Temporary window signs shall not cover more than 35 percent of any window surface.

O.

Temporary holiday and seasonal decorations. Temporary holiday and seasonal decorations shall be allowed in all districts.

P.

Temporary valet parking station signs. One temporary valet parking station sign, no more than three square feet in sign area and not more than three feet in height, shall be allowed on each parcel where the valet station is located and may be A-frame sign, wire frame or stick sign, or freestanding sign. The temporary valet parking station sign shall only be visible during hours that the valet is operating and shall be located on the same parcel as the valet station.

Q.

Bus stop informational signs. Bus stop informational signs up to three square feet in area shall be allowed in all districts and may be A-frame sign or freestanding sign. If freestanding, these signs shall have a maximum height of six feet unless otherwise required by applicable law.

R.

Temporary banner signs pennants, marquees, banners, streamers, balloons, wind activated banners, cold air inflatables and other fixed aerial signage. Temporary banner signs, pennants, marquees, banners, streamers, balloons, wind activated banners, cold air inflatables and other fixed aerial signage may be allowed only as part of a temporary event such as a grand opening, seasonal sale, or similar event. The total cumulative temporary signs and/or features shall not exceed 15 square feet in a residential zone and 48 square feet in a commercial zone. Approval of temporary signs and/or features in excess of these limits shall only be approved by the city council. The temporary displays are authorized herein for any one business or residence no more than four times per year and up to a maximum of 14 days per occurrence, with a minimum of 45 days between each occurrence.

S.

[A-frame signs.] A-frame signs unless such signs are displayed within a public right-of-way.

(Ord. No. 07-02, art. III, § 2.0, 3-15-2007; Ord. No. 2011-02, § 3(Exh. A), 7-7-2011; Ord. No. 2017-06, § 3(Exh. A), 3-16-2017)

Murals, which shall not be deemed to be signs, shall be allowed if they do not contain the name of the business. Mural designs shall be approved by the city manager upon a recommendation of the Fellsmere Beautification Committee.

(Ord. No. 07-02, art. III, § 3.0, 3-15-2007; Ord. No. 2011-02, § 3(Exh. A), 7-7-2011)

The following types of signs, which are not intended as a limitation on the types of prohibited signs, are specifically prohibited within the city limits and shall not be erected.

A.

Billboards.

B.

Beacon and flood lights, except when required by the Federal Aviation Agency or approved as part of a special event permit by the city council.

C.

Snipe signs.

D.

Animated signs.

E.

Umbrella signs.

F.

Off-premises signs.

G.

Exterior neon.

H.

Signs that have unshielded illuminating devices.

I.

Roof signs.

J.

Swinging signs.

K.

Portable signs, except as otherwise allowed by this article.

L.

Signs which contain statements, words, or pictures which are obscene or pornographic.

M.

[Reserved.]

N.

Abandoned and discontinued signs.

O.

Signs that contain untruthful advertising.

P.

Signs that emit sound, vapor, smoke, odor, particles, gaseous matter or visual effects, including flashing, animated, revolving or rotating.

Q.

Signs which move, twirl or swing, including multi-prism and tri-vision signs.

R.

Electronic signs which are intended or may be construed to be traffic signs, signals, or warnings.

S.

Signs which may be confused with the lights of emergency or road-equipment vehicles.

T.

Any freestanding sign that is higher than 20 feet, unless conditional use approval is obtained, and other than flagpoles as allowed in certain zoning districts pursuant to this article.

U.

Any sign in or over the public right-of-way, other than traffic control device signs, bus stop informational signs, warning signs or safety signs, except as otherwise allowed by this article or except as may be allowed by city council resolution that sets forth specific criteria not based on the speaker's viewpoint and not allowing undue discretion on the part of any city official.

V.

Any sign attached to a dock, tie pole or pier, other than a warning sign or safety sign.

W.

Signs in or upon any river, bay, lake, or other body of water within the limits of the city, except official regulatory or warning signs.

X.

Any sign other than a traffic control device sign that uses the word "stop" or "danger", or presents or implies the need or requirement of stopping or the existence of danger, or which is a copy or imitation of a traffic control device sign and which is adjacent to the right-of-way of any road, street, or highway.

Y.

Any sign nailed, fastened, affixed to, or painted on any tree (living or dead), or other vegetation.

Z.

Any sign prohibited by state or federal law.

AA.

Vehicle or trailer sign or signs with a total sign area on any vehicle or trailer in excess of ten square feet, when the vehicle or trailer is not "regularly used in the conduct of the business" advertised on the vehicle or trailer, and (a) is visible from a street right-of-way within 100 feet of the vehicle, and (b) is parked for more than two consecutive hours within 100 feet of any street right-of-way. A vehicle or trailer shall not be considered "regularly used in the conduct of the business" if the vehicle is used primarily (i) for advertising, or (ii) for the purpose of advertising, this provision is not to be construed as prohibiting the identification of a firm or its principal products on a vehicle or trailer operating during the normal hours of business and which is currently licensed, insured and operable; provided, however, that no such vehicle or trailer shall be parked on public or private property with signs attached or placed on such vehicle or trailer primarily for the purpose of advertising a business establishment or firm or calling attention to the location of a business establishment or firm.

BB.

Any sign located on or over real property without the permission of the property owner.

CC.

Holographic display signs.

DD.

Pavement markings, except for official traffic control markings and building address markings required by law.

EE.

Pennants, banners, streamers, balloons, wind activated banners, cold air inflatables and other fixed aerial signage, except where specifically provided elsewhere in this article.

FF.

Any sign on vacant property not otherwise authorized by this Code.

In addition, signs without a validly-issued permit and/or signs deemed by the city manager or designee to be a hazard to public safety shall be deemed nuisance signs and shall be prohibited. Any lawfully existing permanent sign or sign-type that is among the prohibited signs and sign-types listed below shall be deemed a nonconforming sign subject to the provisions of section 10.16 below.

(Ord. No. 07-02, art. III, § 14.0, 3-15-2007; Ord. No. 2011-02, § 3(Exh. A), 7-7-2011)

Consistent with the public policy to restrict and eventually eliminate nonconforming uses and structures, it is the policy of the city that nonconforming signs shall be brought into conformity or removed as expeditiously as possible while allowing such signs to be maintained in the interim.

The following shall apply to signs which are made nonconforming by this article.

A.

No nonconforming sign shall be modified in a way which increases the nonconformity or be replaced by another nonconforming sign. A nonconforming sign that was lawfully erected may be maintained and repaired, except that if the cost of repairs during any 12-month period equals or exceeds 50 percent of the replacement cost of the sign structure, the sign shall be removed; replacement cost shall be determined by the lowest of three bids submitted from authorized sign contractors to the administrative official; otherwise a nonconforming sign that was lawfully erected may be maintained and repaired:

1.

Until the nonconforming sign or sign structure meets the definition of an abandoned or discontinued sign or sign structure or is substantially damaged or destroyed; or

2.

Until the real property on which the sign is located is redeveloped, whichever of the foregoing occurs first. At such time the sign is substantially damaged or destroyed or at such time the real property is redeveloped, the nonconforming sign must either (a) be removed or (b) be brought into conformity with this article and with any other applicable law or regulation.

B.

No conforming sign shall be erected by any permit holder where there is an existing nonconforming sign.

C.

Within 90 days after an establishment closes or relocates, both the property owner and the permit holder shall be obligated to remove all nonconforming signs. Failing to do so could result in code enforcement action.

(Ord. No. 07-02, art. III, § 5.0, 3-15-2007; Ord. No. 2011-02, § 3(Exh. A), 7-7-2011)

The following general provisions shall apply to all signs allowed within the city unless otherwise expressly exempted in other sections of this article.

A.

Design and construction. The design, construction and erection of all signs allowed within the city shall conform to the requirements of the Florida Building Code, and signs containing components to be connected to an electrical energy source shall also conform to the requirements of the National Electrical Code. Where the requirements of this article are in conflict with the requirements of the above codes, the provisions of this article shall govern.

B.

Gooseneck reflectors. Gooseneck reflectors and lights shall be allowed on ground signs and wall signs; provided, however, the reflectors shall be provided with proper glass lenses concentrating the illumination upon the area of the sign so as to prevent glare upon the street or adjacent property.

C.

Spotlights and floodlights. It shall be unlawful for any person to maintain any sign which extends over public property which sign is wholly or partially illuminated by floodlights or spotlights.

D.

Sign area calculations. The following principles shall control the computation of sign size (area) and sign height.

1.

Sign area shall mean the surface areas in square feet within any regular or irregular geometric figure or combination of figures encompassing all parts of a sign, including the outer extremities of all letters, figures, characters, background, frame, trim molding, but excluding structural supports, whether they be columns, pylons, or a building or part thereof, unless the sign is printed directly on the wall of a structure.

2.

Computation of size (area) of individual signs. The size (area) of a sign face (which is also the sign area of a wall sign or other sign with only one face) shall be computed by means of the smallest square, circle, rectangle, triangle, or combination thereof that will encompass the extreme limits (outer edges) of the writing, representation, emblem, color, or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed, but not including any supporting framework, bracing, or wall when such wall otherwise meets these or other ordinances or regulations and is clearly incidental to the display itself.

3.

Computation of size (area) of multi-faced signs. The sign size (area) for a sign with more than one face shall be computed by adding together the area of all sign faces visible from any one point. When two identical sign faces are placed back to back, so that both faces cannot be viewed from any point at the same time and when such sign faces are part of the same sign structure and are not more than 24 inches apart, the sign size (area) shall be computed by the measurement of one of the sign faces.

4.

Computation of sign height. The height of a sign shall be computed as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign. Normal grade shall be construed to be the lower of (1) existing grade prior to construction of the sign or (2) the newly established grade after construction of the sign, exclusive of any filling, berming, mounding, or excavating solely for the purpose of locating the sign.

E.

Overhead electrical conductors. No sign or advertising structure shall be erected closer to any overhead electrical conductor than seven feet where the difference in potential between any two conductors or between any one conductor and ground shall exceed 750 volts.

F.

Signs abutting residential property. No sign shall be placed on the side or at the rear of business property so as to face abutting residential property.

G.

Restriction of vision. No sign or advertising structure shall be erected or maintained in any location that will obstruct the view of or prevent the driver of a motor vehicle from having a safe line of sight at the intersection of two streets or a street and a driveway.

H.

Traffic visibility. No sign shall be placed at any location where it may obstruct the line of sight for pedestrian, bicycle, or vehicular traffic; no part of any sign shall be located closer than 15 feet to the intersection of any two rights-of-way.

I.

Easements. Signs shall not be erected in any easement or public right-of-way, except for government regulatory or directional signs and emergency or warning signs erected by a governmental agency, public utility company, or contractor doing authorized work within the public right-of-way.

J.

Transmission interference. All signs shall be constructed and grounded to avoid interference with radio, television, or other communication transmissions.

K.

Illumination. Only permanent signs may be illuminated. Lighting on signs which are not internally illuminated shall be shielded with an opaque shade and directed so as to produce no glare on roadways or surrounding properties. The use of neon is prohibited.

L.

Landscaping. Permanent ground signs requiring a sign permit must be landscaped at their base. The landscaped area shall have a minimum area of one square foot for each square foot of sign area and are subject to article XI, Landscaping.

(Ord. No. 07-02, art. III, § 6.0, 3-15-2007; Ord. No. 2011-02, § 3(Exh. A), 7-7-2011)

It shall be unlawful to own, maintain or cause to be maintained any sign or street sign without full compliance with the following requirements.

A.

All signs and faces, sign graphics supports, braces, guys, anchors and trim shall be kept in good repair.

B.

Weeds shall be kept cut in front of, underneath, and around the base of the ground mounted and other street signs, and no rubbish or debris shall be allowed.

C.

The enforcing official may, upon inspection of any sign, require proof of compliance with this article for any conforming or lawful nonconforming sign allowed by this article.

D.

Signs shall be kept clean, neatly painted and free from all hazards, such as, but not limited to, faulty wiring and loose fastenings and must be maintained at all times in such safe conditions so as not to be detrimental to the public health and safety.

E.

No sign shall be erected so as to obstruct any fire escape, required exit, window, or door opening intended as a means of egress.

F.

No sign shall be erected which interferes with any opening required for ventilation.

G.

Signs shall maintain a minimum of six feet horizontal and 12 feet vertical clearance from electrical conductors and from all communications equipment or lines located within the city.

H.

Signs and their supporting structures shall maintain clearance and noninterference with all surface and underground facilities and conduits for water, sewage, electricity, or communications equipment or lines. Furthermore, placement shall not interfere with natural or artificial drainage or surface or underground water.

I.

No sign shall be attached to a standpipe, gutter, drain, or fire escape, nor shall any sign be installed so as to impair access to a roof.

J.

Maintenance. All signs, including their structural components, shall be maintained so as to ensure the structural integrity of the sign and compliance with the issued permit. Painted areas and sign surfaces shall be kept in good condition, and any illumination shall be maintained in good repair and safe working order. The city manager or designee may order the repair or removal of any sign not maintained in accordance with the provisions of this article and the requirements of the issued permit.

K.

Premises surrounding ground signs. All ground signs and the premises surrounding the same shall be maintained by the permit holder or owner thereof in a clean, sanitary and inoffensive condition, and free and clear of all obnoxious substances, debris and weeds.

L.

All signs shall be located such that the sign does not hide, obstruct, conceal, or otherwise obscure from view any traffic or street sign, signal, or device or obstruct the view at or around corners, intersections or curves. All signs shall be located outside of the sight visibility triangle and shall not obstruct a clear view of pedestrian or vehicular traffic.

(Ord. No. 07-02, art. III, § 7.0, 3-15-2007; Ord. No. 2011-02, § 3(Exh. A), 7-7-2011)

A.

There is hereby established an appeals board for violations of this article. The board of adjustment shall serve and perform the duties of such appeals board under the provisions set forth herein. Appeals may be heard and decided by the board of adjustment whenever it is alleged that there is an error in any requirement, action, decision or determination made by the enforcing official in the enforcement of this article, (including any allegation that the enforcing official has failed to act within applicable time frames). The board of adjustment shall have no jurisdiction over violations or any other matter processed under code enforcement action before the code enforcement special master.

B.

Such appeals must be filed in writing with the board of adjustment within 30 days of the date of the alleged error. The written appeal shall describe the alleged error and the applicable provisions of the City Code pertaining to the enforcing official's requirement, action, decision, determination, or failure to act.

C.

The board of adjustment shall hold a hearing within 45 days following receipt of the written appeal, not counting the day of receipt and not counting any Saturday, Sunday, or legal holiday which falls upon the 45th day after the date of receipt.

D.

The board of adjustment shall render a written decision within ten days following the hearing.

E.

If the board of adjustment does not render a decision within ten days following the hearing, the sign permit shall be deemed denied.

F.

Failure to appeal the decision regarding a sign application by the enforcing official shall not be deemed a failure to exhaust administrative remedies. The applicant may choose to proceed directly to a judicial action once the sign application has been denied by the enforcing official.

G.

If an administrative appeal is filed by the applicant and the board of adjustment fails to meet within the proscribed time, the appeal will be deemed denied and the decision of the enforcing official regarding the sign application will be deemed a final decision subject to immediate appeal to a court of competent jurisdiction.

H.

Once a decision is appealed to the board of adjustment, the enforcing official shall take no further action on the matter pending the board's decision, except for unsafe signs which shall present an immediate and serious danger to the public in which case the city may pursue any proper legal remedy available to it.

(Ord. No. 07-02, art. IV, § 1.0, 3-15-2007; Ord. No. 2011-02, § 3(Exh. A), 7-7-2011)

The appellate decisions of the board of adjustment pursuant to section 10.19 above, shall be deemed final, subject to judicial review by a Circuit Court of the Nineteenth Judicial Circuit in and for Indian River County, Florida, under the rules of appellate procedure.

(Ord. No. 07-02, art. IV, § 2.0, 3-15-2007; Ord. No. 2011-02, § 3(Exh. A), 7-7-2011)

The following tables delineate the maximum area and height of various types of signs:

SF = Single Family
R = Residential
MF = Multi-family
NR = Nonresidential
CO = Certificate of Occupancy

* Not allowed in Residential Districts - See section 10.12 D.
** More than one wall sign is allowed only when structure is on a corner.
Note: One projecting sign may be substituted for a wall sign pursuant to section 10.12.D.

* One additional subdivision identification wall sign may be placed on a perimeter wall of a subdivision separate from an entrance if the length of the perimeter exceeds 1,000 linear feet and the additional wall sign is a minimum of 500 feet from the entrance.
** A subdivision identification wall sign may be placed on a perimeter wall on each side of an entrance to a subdivision.

(Ord. No. 07-02, art. V, § 1.0, 3-15-2007; Ord. No. 2011-02, § 3(Exh. A), 7-7-2011)

A.

In general. If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this article is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this article.

B.

Severability where less speech results. Without diminishing or limiting in any way the declaration of severability set forth above in section 10.22 A., or elsewhere in this article, this Code, or any adopting ordinance, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this article is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this article, even if such severability would result in a situation where there would be less speech, whether by subjecting previously exempt signs to permitting or otherwise.

C.

Severability of provisions pertaining to prohibited signs. Without diminishing or limiting in any way the declaration of severability set forth above in section 10.22 A., or elsewhere in this article, this Code, or any adopting ordinance, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this article or any other law is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this article that pertains to prohibited signs, including specifically those signs and sign-types prohibited and not allowed under section 10.15. Furthermore, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of section 10.15 is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of section 10.15.

D.

Severability of prohibition on billboards. If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this article and/or any other code provisions and/or laws are declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect the prohibition on billboards as contained in this article and Code.

(Ord. No. 07-02, art. V, § 2.0, 3-15-2007; Ord. No. 2011-02, § 3(Exh. A), 7-7-2011)