Within unincorporated Flagler County, off-site advertising signs are prohibited.

(Ord. No. 93-2, § 1, 2-1-93; Ord. No. 2009-09, § 2, 11-2-09)

The code enforcement officer and/or building official shall be empowered to enforce this article.

Any sign permitted under this article to display commercial or economic information or copy is allowed to display noncommercial expression, information or copy.

Notwithstanding anything contained in this article (or in any ordinance related to this article) to the contrary, any sign erected pursuant to the provisions of this article with a commercial message may, at the option of the owner, contain a noncommercial message unrelated to the business located on the premises where the sign is erected. The noncommercial message may occupy the entire sign face or any portion thereof. The sign face may be changed from a commercial to a noncommercial message, or from one (1) noncommercial message to another, as frequently as desired by the owner of the sign, provided that the sign is not a prohibited sign or sign-type and provided that the size, height, setback and other dimensional criteria contained in this article have been satisfied.

(Ord. No. 2011-04, § 2(3), 6-6-11)

These sign regulations are intended to complement the requirements of the building and electrical codes adopted by the county. Wherever there is inconsistency between these regulations and the building or electrical code, the more stringent requirement shall apply.

The purpose and intent of this article is to establish regulations for the fabrication, erection location and use of signs and other outdoor advertising displays within the unincorporated areas of Flagler County. These regulations are hereby established in order to promote the overall economic well-being of the businesses in the county, while at the same time providing for the health, safety and welfare of its citizens by reducing the adverse effects of signs and displays on highway safety, building safety, property value, and the enjoyment of the scenic beauty of the county.

Notwithstanding anything in this article 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. 2011-04, § 2(1), 6-6-11)

A.

In General.

1.

The word "shall" is mandatory, the word "may" is permissive.

2.

Terms not specifically defined herein shall have the meaning subscribed to them through Florida Statutes, Florida Administrative Code, and the Code of Federal Regulations, as applicable.

B.

Terms defined.

1.

Abandoned sign: (a) Any sign face which advertises a business no longer conducted or product no longer sold. In making the determination that a sign advertises a business no longer being conducted, the code enforcement officer shall consider the existence or absence of a current occupational license, utility service deposit or account, use of the premises, and relocation of the business. (b) Any sign structure which has not been used for business purposes for twelve (12) months.

1a.

Abandoned sign in the A1A Scenic Corridor: (a) Any sign face that advertises a business no longer conducted or product no longer sold for a period of ninety (90) days or longer. In making the determination that a sign advertises a business no longer being conducted, the code enforcement officer shall consider the existence or absence of a current occupational license, utility service deposit or account, use of the premises, and relocation of the business. (b) Any nonconforming sign structure which has not been used for on-site commercial, or noncommercial advertising for six (6) months.

2.

Banner: Any sign with characters, letters, illustrations, or ornamentation applied to cloth, paper, or plastic fabric of any kind that is not permanently attached to a solid backing of wood, plastic, metal, masonry, or similar rigid material.

3.

Construction sign: A sign announcing and identifying the construction project scheduled or underway on the site where the sign is located.

4.

Directional sign: Any sign used to indicate the direction to entrances, exits, parking areas, restrooms, or other nonbusiness related facilities on the site.

5.

Directory sign: A sign which gives the names of the businesses or individuals located in the building or complex where it is located.

6.

Double-faced sign: A sign with two (2) faces which are no more than three (3) feet apart at their closest point, and which describe an internal angle between face planes extended of no more than thirty (30) degrees.

7.

Fascia sign (or wall sign): A sign located on the fascia of a roof or canopy, or affixed to the front plane of a mansard roof that is a maximum of thirty (30) degrees from vertical, including signs that extend the plane of the structural fascia, and no lateral supports are used.

8.

Freestanding sign: Any sign supported by uprights or braces placed upon or in or supported by the ground, a fence or nonstructural wall. This shall include "ground" and "pole" signs.

9.

Front foot, property: Each foot, or major portion thereof, measured along the public right-of-way where the subject property abuts said right-of-way.

10.

Front foot building: Each foot, or major portion thereof, measured along the main entry side of a building.

11.

Grade elevation: The final elevation of the ground surface after development excluding berms or landscape treatment specifically designed to raise the height of the sign.

12.

Height of sign: The distance between the top of a sign and the grade elevation below it.

13.

Identification sign: A sign that indicates the name and type of business or service, or the name of the development located on the site where the sign is located including street address, phone number, and graphic of business logo.

14.

Illuminated sign: A sign that uses artificial light, either internal or external to the sign faces, to draw attention to the sign or otherwise increase its visibility.

15.

Instructional sign: A sign conveying nonadvertising information relating to the use of the premises, including such signs as no parking, no trespassing and warning signs.

16.

Internally illuminated sign: A sign that uses artificial light from behind the sign face to increase its visibility.

17.

Membership sign: A sign identifying affiliations such as travel club, business association, credit card company, or civic club or any other membership association.

18.

Memorial sign: A permanent sign, plaque, inscription or similar group of symbols recording historical data relating to the construction of the building to which it is affixed.

19.

Multiple frontage property: A lot or parcel that is contiguous to more than one public right-of-way being either a corner lot or a through lot.

20.

Multi-use complex: Any development of two (2) or more business or industrial

uses that are under common land ownership or that share common property frontage.

21.

Nonconforming sign: A sign erected in the county before the adoption of this article that does not conform to the requirements of this article.

22.

Off-site advertising sign: Any sign which directs attention to a business, commodity, service, product or activity not conducted, sold, offered or available on the premises where such sign is located or to which it is affixed. Larger off-site signs are commonly referred to as billboards and are regulated by the Florida Department of Transportation as "outdoor advertising". For purposes of this Article, the terms "billboard" and "outdoor advertising" shall mean the same and are included within this definition.

23.

Onsite sign: A sign that identifies or advertises only goods, services, facilities, events or attractions available on the premises where the sign is located.

24.

Parasite sign: Any sign not exempted by this article, for which no permit has been issued, and which is attached to another sign.

25.

Pennant or streamer: Any flag-like piece of cloth, plastic or paper attached to any staff, cord, building or other structure that hangs loosely for the purpose of attracting attention to its site.

26.

Permitted sign: All signs needing a permit under this article.

27.

Portable sign: A sign that has no permanent attachment to a building or to the ground by means of a footing, including but not limited to, an A-frame sign, sign with wheels designed to be pulled or towed on a trailer or similar device, pull attachments, or hot air or gas-filled balloons.

28.

Premises: The lot or lots, plots, portions or parcels of land considered as a unit for a single development or activity.

29.

Projecting sign: A sign supported by a wall of a building, projecting away from that wall twelve (12) inches or more, and designed with a face or faces reading at an angle to that wall.

30.

Real estate sign: A sign erected by the owner, or his agent, advertising the real property where the sign is located for sale, lease, or rent.

31.

Roof sign: A sign painted on or affixed to the roof of a building and primarily supported by that roof structure, except fascia signs as defined in this article.

32.

Setback: The setbacks for signs specified in this article shall be measured horizontally from the vertical place of the property line or right-of-way line to the closest point of the sign.

33.

Shopping center: Any commercial building or development housing three (3) or more tenants on one (1) ownership parcel in the C-2 general commercial and shopping center district. This term shall also include commercial developments approved under any planned unit development zoning district.

34.

Sign: Any letters, numbers, symbols, graphics, pictures, or figures or combination thereof which are erected, constructed, placed, attached or painted on a structure or the ground, which identify, advertise or direct attention to a product, business, institution, place, person or event, or any other communication and which can be seen from the public right-of-way or public waterway. When not modified by the terms "structure" or "face", the term "sign" shall include all parts of the sign and its supporting structure.

35.

Sign, area of: The total surface of a sign including the background and frame but not structural supporting elements outside of its frame. Where a sign is composed of skeleton letters, characters, or symbols applied to a background which is not a structural part of the sign, the area of the sign shall be the smallest rectangle, triangle, or circle which will include the display. Where a sign is built with two (2) faces back to back, the area of the sign shall be the larger of the areas of the two (2) faces computed as herein specified. In the case of three (3) faced signs forming an equilateral triangle, sign area shall be calculated as one-and-one-half times the largest face. In the case of four (4) faced signs forming a square or cube, sign area shall be calculated as two (2) times the largest face.

36.

Sign face: The plane area which is defined as sign area.

37.

Sign structure: The uprights, supports, braces and framework supporting a sign.

38.

Stop work order: Upon notice from the building official, work on any system that is being done contrary to the provisions of these regulations or in a dangerous or unsafe manner, shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to his agent, or to the person doing the work, and shall state the conditions under which work may be resumed. Where an emergency exists, the building official shall not be required to give a written notice prior to stopping the work.

39.

Temporary sign: A sign erected for two (2) weeks or less to advertise or identify transitory events unless specifically permitted for a longer period by this article.

40.

Under-canopy sign: A sign painted on or attached to the underside of a canopy or marquee.

41.

Wall sign: A sign painted on or affixed to the structural wall of a building, with a sign face approximately parallel to the wall perpendicular to the ground and projecting no more than twelve (12) inches from the wall. The general term "wall sign" shall also include fascia signs.

42.

Window sign: A permanent sign affixed to, suspended behind, or painted on either face of a window or glass door that reads to the exterior of the building.

43.

Neon sign in the A1A Scenic Corridor: A sign containing glass tube lighting in which a gas and phosphors are used in combination to create a colored light.

44.

Pole sign in the A1A Scenic Corridor: A freestanding sign with the base of the actual sign area at least five (5) feet above the ground supported by a vertical pole(s).

45.

Vehicle signs in the A1A Scenic Corridor: Any sign attached to or towed or hauled by a vehicle, boat, or vessel, with or without its own mode of power, with the following exceptions:

(a)

Vehicles parked on private property when parked within the confines of a building or in some manner, which provides for effective screening that does not allow the sign or signs on the vehicles to be viewed from any street.

(b)

Any vehicles upon which a sign is placed identifying the firm or its principal products, if such vehicle is one (1) which is regularly used during operating hours of the business; provided that no such vehicle shall be repeatedly parked in a location where it serves as or constitutes additional signage.

(c)

Buses, taxicabs and similar common carrier vehicles that are licensed or certified by the city, county and/or the Florida Public Service Commission.

(d)

Bumper stickers, license plates, parking identification signs, press signs, vehicle manufacturing signs and dealer identification signs and logos and other similar signs.

(e)

Vehicles that are traveling through Flagler County and not remaining in the county more than twenty-four (24) hours at a time.

46.

Automatic changeable facing sign: A sign facing that is capable of delivering two (2) or more advertising messages through a mechanical, automated or remotely controlled process.

47.

Digital sign: Any sign without moving parts whose content may be changed by electronic process through the use of intermittent light or lights, including light emitting diodes ("LED"), liquid crystal display ("LCD"), and plasma screen image display.

48.

Animated sign: Any sign of which all or any part thereof visibly moves in any electronic fashion whatsoever; and any sign which contains or uses for illumination any light, lights, or lighting device or devices which change color, flash or alternate, show movement or motion, or change the appearance of said sign or any part thereof automatically.

49.

Multivision sign: Any sign composed of mechanically operated louvers or slats containing multiple separate messages, each of which becomes visible when the louvers are synchronically rotated to one (1) of a multiple of positions.

(Ord. No. 01-26, § B., 12-17-01; Ord. No. 04-11, § 3, 8-16-04; Ord. No. 2009-09, § 2, 11-2-09)

It shall be unlawful for any person to erect, construct, alter or relocate within the unincorporated areas of Flagler County, Florida, any sign without having first obtained a permit therefor, except as provided for in this article.

A.

In addition to the other requirements of this section, sign permits issued along the A1A Scenic Corridor shall exhibit a county permit number and expiration date for easier identification by a code enforcement officer. The sign permit shall be affixed to the sign structure by the applicant or owner so as to enable the code enforcement officer to view the permit. The owner shall also maintain plantings around the perimeter of the sign. The plantings may include shrubs or flowering plant material.

(Ord. No. 01-26, § B., 12-17-01)

The erection, repair or painting of all signs requiring permits under this article shall be done by and permitted to the property owner or lessee, or to a sign contractor, general contractor or building contractor licensed with Flagler County.

All applications for permits under this section shall be filed by either a contractor licensed to erect signs in the county, or the owner of the property where the sign is to be located or his authorized agent. Any sign over thirty-two (32) square feet will require a sealed set of drawings and calculations by an engineer licensed in Florida. Such application shall include the following:

1.

Name, address and telephone number of owner(s) of property;

2.

Name, address and telephone number of licensed sign company erecting the sign;

3.

The street address or legal description of the property upon which proposed sign is to be located;

4.

The height, size, shape and exact location of the proposed sign and existing trees located on the premises outside the sign building area (See tree protection requirements in section 6.01.05);

5.

Written permission of the owner, his lessee or agent, to erect the proposed sign;

6.

A plan, sketch, blueprint, or similar presentation drawn to scale, showing all pertinent structural details, wind pressure requirements, and materials in accordance with the requirements of the Standard Building Code adopted by Flagler County; and

7.

A statement verifying the height, size, shape and exact location of existing signage on the premises.

8.

In addition to the other requirements of this section, all applications for permits applied for in the A1A Scenic Corridor shall be filed by either a contractor licensed to erect signs in the county, or the owner of the property where the sign is to be located or his authorized agent. Any sign over sixteen-square feet shall require a sealed set of drawings and calculations by an engineer licensed in Florida.

(Ord. No. 01-26, § B., 12-17-01)

Upon receipt of an application for a sign permit, the building official or his designee shall review the plans, specifications and other data relating to such sign, and if considered necessary, inspect the premises upon which the sign is proposed to be erected. If the proposed sign is in compliance with this article and all other applicable state and county laws and codes, a sign permit shall be issued upon receipt of the permit fee.

a.

Upon receipt of an application for a sign permit in the A1A Scenic Corridor, the building official or his designee shall review the plans, specifications and other data relating to such sign, and if considered necessary, inspect the premises upon which the sign is proposed to be erected. If the proposed sign is in compliance with this article and all other applicable state and county laws and codes, a sign permit shall be issued upon receipt of the permit fee.

Applications for sign permits shall be approved or denied in writing, by the building official within thirty (30) days of submittal of a fully completed application as specified in section 7.01.03. If it is determined that the application is incomplete, the building official shall notify the applicant within twenty (20) days of receipt of the application of the deficient items required. If the applicant certifies in writing that the application is complete, the thirty (30) day period shall run from the day of the county's receipt of that writing. Should the building official not approve or deny the application in writing within the thirty (30) day time period, the application shall be deemed denied and the applicant may appeal the denial as provided hereafter.

Any decision of the building official, pertaining to sign permitting, may be appealed to the board of county commissioners within thirty (30) days of the decision. A notice of appeal from the building official decision shall be filed in writing by the applicant to the building official and shall include all pertinent information, and shall include the appeal fee paid upon submittal by the appellant/applicant. The building official shall, upon receipt of such appeal, set a time for hearing (not to exceed thirty (30) days from filing and shall give notice of time and place of the hearing to the appellant/applicant.

A decision of the board of county commissioners, pertaining to the appeal, shall be rendered as a written order within fifteen (15) days of the appeal hearing. If an order is not rendered within fifteen (15) days of the appeal hearing, the appeal shall be deemed denied. Decisions of the board of county commissioners may be appealed to the circuit court by the appellant within thirty (30) days of the board's rendered decision and injunctive relief may be sought. An appeal shall stay all administrative proceedings in furtherance of the action appealed until such time as a final determination by the board of county commissioners or circuit court has been made on such appeal, provided that no such action shall be taken by the applicant to the building official during such time which would change the status of the matter being appealed except when in the opinion of the building official there exists an immediate and significant safety hazard. The appeal fee shall be established by resolution of the board of county commissioners.

(Ord. No. 01-26, § B., 12-17-01)

Permit fees under this article shall be determined by resolution of the county commission and are included in the Development Services Manual.

(Ord. No. 01-19, § 4, 10-1-01)

In addition to other penalties provided by this article, or code of ordinances generally, a permit fee of triple the amount specified, not to exceed two hundred fifty dollars ($250.00) per day, shall be required if work has commenced without a permit.

Any permit issued under this sign code shall expire six (6) months after date of issuance unless a permit extension is granted by the building official. Sign permits submitted simultaneous with a building permit application for new building construction shall run concurrently with the expiration date of the new construction building permit.

The following signs are exempt from the permitting requirements of this sign code, but must still meet applicable construction standards and obtain electrical permits if required by the county electrical code:

1.

Identification signs of four (4) square feet or less;

2.

"No Trespassing" or "No Dumping" signs of four (4) square feet or less;

3.

Directional, warning or informational signs (including hospital emergency room signs) or institutional or group notices of a public or semipublic nature. Directional signs to assist onsite vehicular traffic flow shall be low-profile signs not to exceed three (3) feet in height above grade and four (4) square feet of surface area, with the legend to be affixed thereon limited to arrows and the words enter or exit as appropriate;

4.

Governmental signs for traffic control, street designation, direction to public facilities, and any public sign deemed necessary by a public official in the performance of his public duty, or as approved by the county commission;

5.

Memorial signs or tablets when cut into any masonry surface or constructed of a noncombustible material;

6.

Governmental or religious flags or insignia and holiday decorations, related to the business or customarily associated with any national, religious or local holiday;

7.

Temporary window signs used to advertise special sales or events (see temporary sign definition);

8.

Credit card or membership signs of two (2) square feet or less, one of each different organization permitted for each street frontage;

9.

A maximum of two (2) menu boards or price lists for drive-thru facilities of no more than twenty-four (24) square feet each. Such signs shall be located adjacent to and oriented toward the drive-thru area;

10.

Graphics and trademarks on vending machines, gas pumps and other machinery customarily used for sales outside of buildings;

11.

Real estate, political campaign signs and construction signs allowed under section 7.04.00 of this article;

12.

Standard-sized menus mounted at the entrances to restaurants;

13.

Signs required by federal, state or county law.

It shall be unlawful to erect or maintain any sign described as follows:

1.

Commercial signs adjacent to residentially zoned land: No commercial sign shall be located within fifty (50) feet of any residentially zoned property, except signs allowed by special exception in that residential zone that conform with the section of this article relating to that zone.

2.

Traffic or pedestrian hazards: Any sign which constitutes a traffic hazard or a detriment to traffic safety as determined by the county engineer by reason of the sign's size, location, movement, content, coloring or intensity of illumination. Any sign which obstructs the vision between pedestrians and vehicles using the public right-of-way, including, but not restricted to, those not meeting visibility standards in Article III Zoning District Regulations. Specifically prohibited are signs using:

(a)

Lights or illumination that flash, move, rotate, blink, flicker or vary in intensity or color, including digital and animated signs.

(b)

Bare incandescent bulbs in excess of eleven (11) watts; and

(c)

Words and traffic control symbols so as to interfere with, mislead or confuse traffic, such as "stop", "look", "caution", "danger", or "slow".

3.

Nongovernmental signs attached to trees, traffic control devices or utility poles.

4.

Signs attached to or painted on vehicles which are not regularly used in and driven during the business day as part of the advertised business and are obviously parked in such a way as to advertise to the passing motorist or pedestrian.

5.

Privately erected signs in public rights-of-way not specifically permitted.

6.

Signs made of combustible materials that are attached to or located within twenty (20) feet of fire escapes or firefighting equipment.

7.

Portable signs.

8.

Roof signs.

9.

Abandoned signs.

10.

Projecting signs.

11.

Any other signs, that are not specifically permitted or exempted by this article.

12.

Vehicle signs.

13.

Automatic changeable facing signs.

14.

Neon signs.

15.

Pole signs.

16.

Digital signs, except as provided in section 7.03.06.

17.

Off-site advertising signs.

18.

Animated signs.

19.

Multivision signs.

(Ord. No. 01-26, § B., 12-17-01; Ord. No. 2009-09, § 2, 11-2-09; Ord. No. 2014-04, § 2, 7-23-14)

If a building has frontage on multiple streets, each frontage shall be separately considered for the purposes of determining compliance with the provisions of these regulations, but the permitted sign areas for the secondary frontages shall be fifty (50) percent in aggregate of that permitted on the primary frontage. However, no freestanding sign on one (1) right-of-way may be closer than one hundred (100) feet to a sign on another right-of-way, measured as the sum of distances measured continuously along the rights of way through a common point or points.

All permitted signs shall be constructed and maintained in accordance with the following standards, and no certificate of occupancy shall be issued for a building unless signs have conformed to these standards.

1.

Code compliance: All signs shall be constructed and maintained in accordance with the provisions and requirements of the Flagler County Building Code, Electrical Codes, all other applicable codes, ordinances or requirements.

2.

Copy: All copy shall be maintained and be legible.

3.

Structure: Signs shall be maintained in a vertical position unless originally permitted otherwise, and in good and safe condition at all times.

4.

Damage: Damaged faces or structural members shall be replaced in a timely manner.

5.

Safety: Electrical systems, fasteners, and the sign and structure as a whole shall be maintained at all times in a safe condition.

6.

Aesthetics: Signs along the A1A Scenic Corridor shall consist of colors consistent and compatible with the natural environment, except that a registered trademark (commercial or noncommercial) of the owner or tenant of a lot in the A1A Scenic Corridor may display on such lot said trademark in its registered colors on a sign not exceeding four (4) square feet, or on a portion of a larger sign when said portion does not exceed four (4) square feet, if any such sign is otherwise allowed under these regulations.

(Ord. No. 01-26, § B., 12-17-01)

1.

Freestanding signs. One (1) site freestanding sign. Maximum sign size per building square footage below.

2.

Fascia or wall signs. One (1) per business. Maximum sign area, one (1) square foot per lineal building (business) front footage not to exceed the maximum size as permitted below.

(a)

Maximum sign area allowed:

(1)

Ten thousand (10,000) square foot building or less—Thirty-two (32) square feet maximum.

(2)

Over ten thousand (10,000) square foot to twenty-five thousand (25,000) square foot building—Forty-eight (48) square feet maximum.

(3)

Over twenty-five thousand (25,000) square foot to fifty thousand (50,000) square foot building—Seventy-two (72) square feet maximum.

(4)

Over fifty thousand (50,000) square foot building to seventy-five thousand (75,000) square foot building—Ninety-six (96) square feet maximum.

(5)

Over seventy-five thousand (75,000) square foot to one hundred thousand (100,000) square foot building—One hundred twenty (120) square feet maximum.

(6)

Over one hundred thousand (100,000) square foot building—One hundred fifty (150) square feet maximum.

(7)

For signs along the A1A Scenic Corridor shall be thirty-two (32) square feet.

(b)

Maximum sign height—Ten (10) feet high.

(b1.)

Maximum sign height for signs along the A1A Scenic Corridor—Six (6) feet as measured from ground level where the sign is erected to the top most portion of the sign.

(c)

Minimum setback from property line—Ten (10) feet except signs located within fifty (50) feet of a driveway or right-of-way street intersection, then the setback shall be twenty (20) feet.

*

The total allowed signage square footage can be exchanged between monument sign and fascia or wall sign as long as the exchanged square footage does not exceed the original allowable monument or fascia/wall sign square footage by fifty (50) percent. This exchange is subject to planning board approval based on site design considerations such as setback, vegetation, architecture, etc.

3.

Reserved.

4.

Provisions for governing off-site advertising signs in the A1A Scenic Corridor. Off-site advertising signs are prohibited.

5.

Pole signs. Pole signs are prohibited. Post and arm signs are permitted.

(Ord. No. 93-03, 3-15-93; Ord. No. 01-26, § B., 12-17-01; Ord. No. 2009-09, § 2, 11-2-09)

All shopping center signage shall be reviewed and approved by the planning board and county commission, as to final size, location and coordination, as part of the site plan review process.

1.

Freestanding signs. One (1) freestanding sign at the main entrance shall be permitted based on the combined square footage of all tenants as follows:

(a)

Maximum sign area allowed:

(1)

Ten thousand (10,000) square foot building or less—Thirty-two (32) square feet maximum.

(2)

Over ten thousand (10,000) square foot to twenty-five thousand (25,000) square foot building—Forty-eight (48) square feet maximum.

*(3)

Over twenty-five thousand (25,000) square foot to fifty thousand (50,000) square foot building—Seventy-two (72) square feet maximum.

*(4)

Over fifty thousand (50,000) square foot building to seventy-five thousand (75,000) square foot building—Ninety-six (96) square feet maximum.

*(5)

Over seventy-five thousand (75,000) square foot building to one hundred thousand (100,000) square foot building—One hundred twenty (120) square feet maximum.

*(6)

Over one hundred thousand (100,000) square foot building—One hundred fifty (150) square feet maximum.

(7)

Maximum sign area allowed in the A1A Scenic Corridor: Signs along the A1A Scenic Corridor shall be no more than thirty-two (32) square feet.

(b)

Maximum sign height—Fifteen (15) feet high.

(b1)

Maximum sign height allowed in the A1A Scenic Corridor: Signs shall be no more than six (6) feet as measured from ground level where the sign is erected to the top most portion of the sign.

(c)

Minimum setback from property line—Ten (10) feet except signs located within fifty (50) feet of a driveway or right-of-way street intersection, then the setback shall be twenty (20) feet.

(d)

Pole signs. Pole signs are prohibited in the A1A Scenic Corridor. Post and arm signs are permitted in the A1A Scenic Corridor.

2.

Fascia or wall signs. One (1) wall sign per business for the building frontage shall be permitted. The maximum sign area shall be one (1) square foot per lineal business front footage with a maximum area as follows:

(a)

Maximum sign area allowed:

(1)

Ten thousand (10,000) square foot business or less—Thirty-two (32) square feet maximum.

(2)

Over ten thousand (10,000) square foot to twenty-five thousand (25,000) square foot business—Forty-eight (48) square feet maximum.

*(3)

Over twenty-five thousand (25,000) square foot to fifty thousand (50,000) square foot business—Seventy-two (72) square feet maximum.

*(4)

Over fifty thousand (50,000) square foot business to seventy-five thousand (75,000) square foot business—Ninety-six (96) square feet maximum.

*(5)

Over seventy-five thousand (75,000) square foot business to one hundred thousand (100,000) square foot business—One hundred twenty (120) square feet maximum.

(6)

Over one hundred thousand (100,000) square foot business—One hundred fifty (150) square feet maximum.

(7)

Signs along the A1A Scenic Corridor shall be limited to less than fifteen (15) percent of the area of the front facade of the building.

(b)

Maximum sign height—Not applicable.

(c)

Maximum sign location—Only one (1) wall sign per property frontage shall be permitted above the first floor of any multi-use or multi-tenant building.

3.

Under-canopy sign. One (1) under-canopy sign per tenant shall be permitted as follows:

(a)

Maximum sign area—Six (6) square feet.

(b)

Minimum sign height—Must have an eight-foot clearance for pedestrians.

*

The total allowed signage square footage can be exchanged between monument signs and fascia or wall signs as long as the exchanged square footage does not exceed the original allowable monument or fascia/wall sign square footage by fifty (50) percent. This exchange is subject to planning board approval based on site design considerations such as setback, vegetation, architecture, etc.

(Ord. No. 01-26, § B., 12-17-01)

Subdivisions of land as defined in the county subdivision regulations which are zoned for industrial or commercial parks shall be permitted signage as follows:

1.

Sign area and use.

(a)

One freestanding sign structure for each public right-of-way entrance consisting of any combination of identification or directory signage. Maximum sign area of each sign structure for each public right-of-way entrance shall be ninety-six (96) square feet. The identification or directory signage may consist of two separate signs but their combined sign area shall not exceed ninety-six (96) square feet.

(b)

Freestanding and wall signage for individual sites shall be permitted under section 7.03.01 of this article.

(c)

In the A1A Scenic Corridor, one freestanding sign structure, consisting of any combination of identification or directory signage, for each public right-of-way entrance. Maximum sign area of each sign structure for each public right-of-way entrance shall be thirty-two (32) square feet. The identification or directory signage may consist of two separate signs but the combined sign face area shall not exceed sixty-four (64) square feet. Pole signs are prohibited.

2.

Height and setback requirements for freestanding signs under paragraph (C)(1)(a) of this section.

(a)

Maximum sign height. Fifteen (15) feet high.

(b)

Freestanding signs shall be setback a minimum of twenty (20) feet from the property line, however, signs in the entrance median may be approved by the planning board.

(Ord. No. 01-26, § B., 12-17-01)

1.

Freestanding signs. One (1) freestanding sign per parcel for the primary street frontage shall be permitted as follows:

(a)

Maximum sign area—Twenty-five (25) square feet.

(b)

Maximum sign height—Six (6) feet high.

(c)

Minimum setback from property line—Ten (10) feet except signs located within fifty (50) feet of a driveway or right-of-way street intersection, then the setback shall be twenty (20) feet.

2.

Fascia or wall sign. One (1) wall sign per parcel for the primary street frontage shall be permitted as follows:

(a)

Maximum sign area—Twelve (12) square feet.

(b)

Maximum sign height—Not applicable.

1.

Sign area and use.

(a)

One freestanding sign structure for each public right-of-way entrance consisting of any combination of identification or directory signage. Maximum sign area of each sign structure shall be forty-eight (48) square feet. If a separate directory sign is used in addition to an identification sign, it shall be oriented to the interior of the site and shall not exceed twenty-four (24) square feet.

(b)

Either one (1) ground or wall sign located adjacent to each building entrance shall be permitted as follows:

(1)

Maximum sign area—Twelve (12) square feet.

(2)

Maximum sign height—Six (6) feet.

(c)

In the A1A Scenic Corridor, one freestanding sign structure, consisting of any combination of identification or directory signage, for the public right-of-way entrance. Such signs shall be ground signs. Maximum sign area of each sign structure shall be thirty-two (32) square feet. If a separate directory sign is used in addition to an identification sign, it shall be oriented to the interior of the site and shall not exceed thirty-two (32) square feet. Other signs are limited to wall signs, the size of which shall be limited to fifteen (15) percent of the area of the front facade of the building.

2.

Height and setback requirements for freestanding sign at office park entrance.

(a)

Maximum sign height. Six (6) feet high.

(b)

Freestanding signs shall be setback a minimum of twenty (20) feet from the property line, however, signs in the entrance median may be approved by the planning board.

(Ord. No. 01-26, § B., 12-17-01)

1.

Single or multi-family residential complex. One (1) ground or wall sign shall be permitted for each main entrance on a public right-of-way as follows.

(a)

Maximum sign area—Twenty four (24) square feet. The wall sign maximum area of twenty-four (24) square feet may be divided into two (2) equal graphic statements of twelve (12) square feet.

(b)

Maximum sign height—Six (6) feet high.

(c)

Minimum setback from property line—Ten (10) feet except signs located within 50 feet of a driveway or right-of-way street intersection, then the setback shall be twenty (20) feet.

2.

Subdivision signs. Permanent subdivision signs may be permitted by the planning board and county commission as part of the subdivision review process. Temporary subdivision signs shall be treated as construction signs under section 7.04.00 of this article.

3.

Subdivision information signs. A ground sign may be permitted by the planning board and county commission, either as part of the subdivision review process, or if the subdivision has received final plat approval and the plat is recorded, through the site development plan amendment process. Application for a subdivision information sign, shall only be made by a developer or properly constituted homeowners association, property owners association or community development district board, and it shall be the continuing responsibility of the developer, homeowners association, property owners association or community development district board to maintain the subdivision information sign in conformance with this article. All subdivision information signs shall conform to the following requirements:

(a)

Maximum sign area—Forty-eight (48) square feet.

(b)

Maximum sign height—Nine (9) feet high.

(c)

Locational standards.

(1)

Signs shall only be located within subdivisions having three hundred (300) or more constructed residential units;

(2)

Signs shall be located on a parcel owned by and dedicated to a homeowner's or property owner's association or community development district;

(3)

If the parcel upon which the sign is to be located is adjacent to a private road, the sign must be setback a minimum of five (5) feet from the edge of pavement of such private road or private right of way;

(4)

No portion of the sign shall be visible from a publicly dedicated street, thoroughfare, or residentially zoned property; and

(5)

The sign shall be so placed and located that the sign can only be read from within the subdivision that it serves.

(d)

Digital signage. Digital signs may be permitted as subdivision information signs, subject to the following requirements:

(1)

The maximum display area for digital signs shall be twenty (20) square feet.

(2)

Digital signs shall display static messages only as opposed to moving or animated messages. Further, any structural component, design, or pictoral [pictorial] segment of the digital sign shall remain static at all times.

(3)

Digital signs shall not contain messages with varying degrees of illumination, flashing or scintillating or varying light intensity.

(4)

Messages shall be displayed for a minimum dwell time of six (6) seconds and maximum transition time between messages shall not exceed two (2) seconds.

(5)

Messages shall not operate at a brightness level of more than three-tenths (0.3) foot candles above ambient light, as measured using a foot candle meter at a distance of fifty (50) feet. Documentation shall be provided to the county at the time of permitting certifying that the sign is incapable of exceeding this designated brightness level.

(6)

Each digital display shall have a light sensing device that will adjust the brightness of the display as ambient light conditions change.

(7)

The sign shall contain a default mechanism that freezes the image in one position in the event of a malfunction.

(8)

No portion of the sign shall be located within two hundred fifty (250) feet of an intersection with a traffic light.

(9)

Other requirements apply. Notwithstanding the additional requirements of this section, any digital sign as provided for in this section must also meet all other requirements of this chapter. along with any applicable permitting requirements.

(Ord. No. 2014-04, § 2, 7-23-144

One (1) ground or wall sign shall be permitted per primary road frontage as follows:

1.

Maximum sign area—Twenty-four (24) square feet.

2.

Maximum sign height—Six (6) feet high.

3.

Minimum setback from front property line—Ten (10) feet except signs located within fifty (50) feet of a driveway or right-of-way street intersection, then the setback shall be twenty (20) feet.

Real estate and construction signs, as defined in this article, shall be permitted under the following conditions:

1.

One (1) nonilluminated sign of each type shall be allowed on each street frontage of the subject property only.

2.

Freestanding signs shall be:

(a)

Residential properties setback two (2) feet from public rights-of-way. Commercial and industrial properties setback two (2) feet from public rights-of-way.

(b)

Setback fifteen (15) feet from side property lines, or equidistant between side property lines.

(c)

A maximum height of five (5) feet in residential districts and ten (10) feet in commercial and industrial districts.

3.

Maximum sign area shall be:

4.

Construction signs shall not be erected more than sixty (60) days prior to the beginning of construction, and shall be removed within ten (10) days after issuance of a certificate of occupancy. Such signs shall be removed immediately if construction has not begun after sixty (60) days, or if construction is halted thereafter for a period of more than thirty (30) days.

5.

Subcontractor and other additional signs of four (4) square feet or less shall be permitted in addition to total sign area and shall be affixed to, or immediately adjacent to the main sign structure.

6.

Real estate signs may be erected during the time the property is for sale and until three (3) days after closing.

(Ord. No. 01-26, § B., 12-17-01; Ord. No. 04-11, § 3, 8-16-04)

Political campaign signs or posters shall be permitted in all zoning districts subject to the following restrictions, limitations and requirements and any other applicable requirements set forth in this article.

1.

Setback shall be two (2) feet from public rights-of-way.

2.

Setback shall be fifteen (15) feet from side property lines or equidistant between side property lines.

3.

The maximum height shall be five (5) feet in residential districts and ten (10) feet in commercial and industrial districts.

4.

The maximum sign shall be:

5.

Candidates for political office or political action groups shall register with the county clerk prior to erecting their signs related to an election or referendum. The registration shall constitute a permit allowing such political signs; provided, however, that the signs comply with this article, that the registrant removes all of its signs within fifteen (15) days after the election or referendum issue has been decided, and that the registrant acknowledges that any of its signs placed on county property or rights-of-way may be removed by the county without notice to the registrant.

Failure to remove signs within fifteen (15) days after the election or referendum issue has been decided shall be prosecuted under the civil citation system.

Note: Civil citation penalties:

Failure to remove political signs:

First offense .....$30.00

Second offense .....50.00

Third offense, with a five-day warning notice .....450.00

All other political sign violations:

First offense .....$50.00

Second offense .....100.00

Third offense, with a two-day warning notice .....450.00

6.

The erection and removal of all political signs shall be the joint responsibility of the owner of the property upon which the sign is placed, of the owner of such sign and the candidate for whom such sign was placed. Each such person shall be jointly and severally liable for a violation of the terms and conditions of this article.

(Ord. No. 95-06, § 9, 8-21-95)

Outside banners, streamers, pennants, balloons and other moving objects shall only be allowed as temporary signs in conjunction with a grand opening of a new business.

Temporary signs for public or private nonprofit special events, or special events not related to the primary use of the property shall be permitted by the building official for a period covering the duration of the event and advance publicity not to exceed a total period of two (2) weeks. Such temporary sign shall not exceed thirty-two (32) square feet for each street frontage and shall not be illuminated.

Temporary banner signs for platted residential developments shall be permitted provided such signs meet all of the following criteria:

a.

The temporary banner sign will be permissible for platted residential subdivisions with ten (10) or more available residential units/lots.

b.

Temporary banner signs will only be pole-mounted, vertical banners.

c.

No more than four (4) temporary banner signs will be deployed for any platted residential subdivision. DRIs shall be permitted up to four (4) additional signs, provided they are at least two thousand five hundred (2,500) feet apart from the initial four (4) signs.

d.

The sign area of temporary banner signs will not exceed two hundred (200) square feet per right-of-way frontage.

e.

The temporary banner sign will be temporarily mounted, with or without a collared support in the ground.

f.

The temporary banner sign will be displayed only between Friday at 5:00 p.m. and Sunday at 5:00 p.m.

g.

The temporary vertical banner sign will not exceed fifteen (15) feet in height and not more than three (3) feet in width.

h.

The temporary banner sign will be displayed at the entrance of the development outside of the public right-of-way and with the landowner's written consent.

i.

The temporary banner sign will not interfere with or obstruct the mandatory vision triangle of motorists, bicyclists or pedestrians.

j.

The temporary banner sign will be installed and maintained in a safe manner and in such a way that it will not disassemble, float, or fall in the event of wind.

k.

The temporary banner sign will be removed from display during inclement weather and specifically during any severe weather warning.

l.

No temporary banner sign for platted residential developments will require the issuance of a sign permit; however, upon a determination of noncompliance by county code enforcement, the ability of a platted residential subdivision to utilize temporary banner signs shall be immediately suspended until compliance with all of these standards has been achieved to the satisfaction of county code enforcement. These temporary banner sign standards for platted residential developments shall be subject to code enforcement action for noncompliance.

(Ord. No. 2011-04, § 2(2), 6-6-11; Ord. No. 2013-04, § 2, 9-4-13)

It is the intent of this article to allow certain nonconforming signs permitted before the adoption of this article to continue until they are no longer used, or become hazardous, but not to encourage their nonconforming status. Such signs are hereby declared to be incompatible with the overall intent of this article.

All nonconforming and nonpermitted signs, except as provided herein, shall be removed immediately or as otherwise provided under section 7.08.01 of this article.

A nonconforming sign use may be continued, subject to the following provisions:

1.

A nonconforming sign shall not be enlarged or increased in any way from its existing size at the time of the adoption of this sign code.

2.

Nonconforming signs or sign structures that are defined as abandoned signs under this sign code shall not be permitted for reuse.

3.

There may be a change of tenancy or ownership of a nonconforming sign without the loss of nonconforming status, if the property sign is not abandoned as defined in this article.

Normal repairs, maintenance and improvements may be made, however, the cost of such improvements made during any two-year period shall not exceed fifty (50) percent of the replacement cost of the sign at the end of the two-year period.

If any nonconforming sign is damaged by fire, flood, explosion, collapse, wind, war, or other catastrophe to such an extent that the cost of repair and reconstruction will exceed fifty (50) percent of the replacement cost at the time of damage, it shall not be used or reconstructed except in full conformity with the provision of this article.

The casual, temporary, or illegal use of any sign shall not be sufficient to establish the existence of a nonconforming use or to create any rights in the continuance of such use.

It shall be unlawful for any person to extend any banner or sign across any public street, park or other public way or property of the county without first having obtained permission from the county administrator or his designee.

1.

Prohibited signs on public property or rights-of-way shall be removed immediately, and may be removed by the employees of the county or its agents without notice.

2.

Temporary signs and parasite signs shall be removed within forty-eight (48) hours after receipt of written notification of the code enforcement officer or building official.

3.

Other signs prohibited in section 7.02.02 shall be removed by the owner, agent or person in charge of the premises, within thirty (30) days after receipt of written notification by the code enforcement officer or building official. If the sign is not timely removed, the code enforcement officer may refer the violation to the Flagler County Code Enforcement Board.

(Ord. No. 96-11, § 3, 11-18-96)

Should any sign become insecure or in danger of falling, in disrepair or deteriorated, or otherwise unsafe in the opinion of the code enforcement officer or the building official, the owner thereof, or person or firm maintaining it, shall upon receipt of written notification from the building official or code enforcement officer immediately in the case of imminent danger, or within ten (10) days in other instances, secure the sign or cause it to be placed in good repair in a manner approved by the building official, or said sign shall be removed by the owner thereof. If such order is not complied with, the county may remove the sign at the expense of its owner and may place a lien for the cost thereof upon the property on which the sign was located together with any other cost incurred by the county by filing such lien. The lien may be foreclosed in the same manner provided by law for the foreclosure of mortgages and the county shall have the right to receive all costs of court including reasonable attorney fees.

Where this article requires sign painting or erection by a licensed contractor and such work is not performed by a licensed contractor, the owner or lessee of the property where such illegally erected sign is located shall either:

1.

Have the sign immediately removed;

2.

Have a licensed contractor secure a permit for such sign, subject to all applicable county inspections; or

3.

Have a stop work order issued.

If neither of the above actions are completed within ten (10) days after notification by the building official or code enforcement officer the violation may be referred to the Flagler County Code Enforcement Board. The code enforcement board may direct the county to remove the sign at the expense of its owner and may place a lien for the cost thereof upon the property on which the sign was located together with any other cost incurred by the county by filing such lien. The lien may be foreclosed in the same manner provided by law for the foreclosure of mortgages and the county shall have the right to receive all costs of court including reasonable attorney fees.

Any violation of this article may be enforced by the code enforcement board and violators may be ordered to pay a civil fine not exceeding two hundred fifty dollars ($250.00) for each day the violation continues past the date set for compliance, and up to Five hundred dollars ($500.00) per day for repeat violators. Violators also may be prosecuted criminally and are subject to a fine of up to five hundred dollars ($500.00) and/or up to sixty (60) days in jail for each violation, with each day constituting a separate violation.

Compliance with the requirements of this article shall not constitute a defense to an action brought to abate a nuisance under common law or under Florida Statutes.

The planning board is hereby designated as the sign ordinance board of adjustment, and is authorized to:

1.

Hear and decide appeals where it is alleged there is error in any order, requirements, decision, or determination made by any county official in the enforcement of this article in the interpretations of this article as regards permitting.

2.

Consider variances of this article in specific cases where such variances will not be contrary to the public interest and where, owing to special conditions, a literal enforcement of the provisions of this article would result in unnecessary hardship.

All requirements, procedures, findings and appeals of sign code variances shall follow those provisions for zoning variances, as outlined in Article III, Zoning District Regulations.