This article shall be known as the sign regulations of the town land development code.

(Ord. No. 5-92, § 8.2, 8-25-92)

(a)

Signs constitute a separate and distinct use of the land upon which they are placed and affect the use of adjacent streets, sidewalks and property.

(b)

The provisions of this article are made to establish reasonable and impartial regulations for all exterior signs and to further the objectives of the comprehensive plan of the town; to protect the general public health, safety, convenience, and welfare; to reduce traffic hazards caused by unregulated signs which may distract, confuse, and impair the visibility of motorists and pedestrians; to ensure the effectiveness of public traffic signs and signals; to protect the public investment in streets, highways, and other public improvements; to facilitate the creation of an attractive and harmonious community; to protect property values; and to further economic development.

(c)

This article shall not regulate or be intended to regulate any display not defined as a sign, building design, the copy and message of signs, or signs which cannot be viewed from a right-of-way, except as specified herein.

(Ord. No. 5-92, § 8.3, 8-25-92)

(a)

Generally. It shall be the duty of the town commission to administer and enforce the provisions of this article by delegation to the planning commission and building official in conjunction with the building code of the town. In case of conflict between any of the provisions of this article and those of the town building code, in a given instance, the more restrictive of the two shall govern.

(b)

Violation and penalties. It shall be unlawful for any person to erect, cause to be erected, maintain, or cause to be maintained any sign without full compliance with the restrictions, requirements and provisions of this article, or to otherwise violate any provisions of this article. Each day a violation occurs or continues, regardless of whether such violation is ultimately corrected, shall constitute a separate offense. Any person convicted of violating any provision of this article shall be fined up to $250.00 per day for the first violation, up to $500.00 per day for repeat violations, in accordance with F.S. ch. 162.

(c)

Removal of signs on public right-of-way. At the direction of the town commission or its authorized agent, signs placed in the public right-of-way will be removed by persons designated by the town commission.

(d)

Permit cost and penalty payment. The cost of fulfilling these requirements shall be borne by the owner.

(Ord. No. 5-92, § 8.4, 8-25-92; Ord. No. 7-93, § 1, 6-8-93)

Cross reference— Administration, ch. 2.

(a)

Standard of review. The planning commission shall consider variances to the sign regulations where the a strict interpretation would impose a hardship on the person developing a site. A variance must be requested in a development review application and approval shall be in the form of a preliminary development order. However, no variance shall grant permission to install an outdoor advertising sign. The planning commission may grant a variance to the regulations of this article if it finds that the following special physical conditions exist:

(1)

The zoning lot on which an activity is located is unusually shaped or exhibits unusual topography; and

(2)

Such physical characteristics prevent legal signage from identifying the activity as compared to legal signage identifying other activities in the immediate area.

(b)

Procedures. All requests for variances must be filed in the development review application as specified in article II of this chapter.

(Ord. No. 5-92, § 8.5, 8-25-92)

(a)

No sign or sign structure shall be hereinafter erected, altered, displayed, changed, except exempt signs, as provided herein, until after a permit and license has been issued by the building official and a fee paid to the town.

(b)

A sign, other than an exempt sign, erected, altered, displayed or changed without a permit and license is an illegal sign and shall be subject to the penalties set forth herein.

(Ord. No. 5-92, § 8.6, 8-25-92)

If an approved sign is not erected within a period of 90 days from the date the permit was originally issued, the permit shall expire and become null and void.

(Ord. No. 5-92, § 8.7, 8-25-92)

The following types of signs shall be exempt from the requirement of obtaining a permit or license subject to the terms and conditions contained herein:

(1)

Temporary signs wholly within a building, not visible from outside, excluding window signs, signs of a flashing, animated and/or rotating nature, except time and temperature signs.

(2)

Signs not exceeding two square feet in area that display only property numbers, post office box numbers, names of resident, no trespassing, private property, no soliciting or the like on property zoned R-1, R-1-A and RC-1.

(3)

Temporary signs not exceeding six square feet in aggregate sign area provided that there is only one such nonilluminated sign for each parcel of property and provided that the sign is no less than ten feet from any property line. There may be one additional sign, subject to the same conditions of the first sign, if the property has double frontage.

(4)

One traffic direction/safety sign, at each point of ingress and egress not to exceed three square feet in the sign area, with the maximum height four feet above the ground.

(5)

A truck, bus trailer or other vehicle, that displays a sign that has a sign face less than six square feet, provided that the primary use of such vehicle is not for the purpose of advertisement, and is not generally located or parked on, along, or near a public right-of-way, public beach, public property or private property visible from a public right-of-way.

(6)

Decals affixed to store windows, store equipment, fuel pumps or other types of vending equipment used for dispensing retail products, so long as such signs or decals remain applicable to the use of the premises.

(7)

Integral decoration or architectural features of buildings except letters, trademarks, moving parts, or moving, flashing or blinking lights.

(8)

Directional signs.

(9)

Legal signs posted as authorized by law.

(10)

Signs of governmental units or agencies on public property or public right-of-way which are erected for the public health, safety and welfare.

(11)

National flags, flags of political subdivisions, and symbolic flags of an institution, attached to ground poles mounted on the ground, limited to a total of three in number, with the maximum height of all flags to be 20 percent of the height of the pole. Such flags shall not be used in such a way as to attract the attention of the public for commercial purposes. The maximum height on flag poles shall be 30 feet.

(12)

Two banners shall be permitted per model home or model apartment, at the time the model home or model apartment is open for inspection, provided that each banner shall not exceed 15 square feet.

(13)

Political signs, as permitted in section 34-575.

(14)

Real estate signs under six square feet in size which are designed and installed pursuant to section 34-573.

(15)

Any window sign, permanent or temporary or combination of window signs, the area of which does not exceed 20 percent of the window area, including door windows if any, on which the sign or signs are located subject to the provisions of subsection 34-574(6).

(16)

Vehicle tow-away signs erected pursuant to F.S. § 715.07, and the provisions of this chapter.

(17)

Seasonal/holiday signs, provided that their erection shall not occur prior to 30 days before the holiday and their removal shall take place no less than ten days after the holiday.

(Ord. No. 5-92, § 8.8, 8-25-92; Ord. No. 02-08, § 1, 10-14-08)

(a)

The town shall provide forms for application for sign permits. Such forms will provide for furnishing the information required hereunder.

(b)

The information required for a sign permit consists of:

(1)

Name, address, telephone number and signature of the owner of the premises granting permission for the construction, operation, maintenance or displaying of sign or sign structure.

(2)

Name, address, telephone number and signature of sign contractor, if any.

(3)

Legal description and street address of premises or property upon which the sign is to be located.

(4)

The approximate value of the sign to be installed, including the installation cost.

(5)

Type of sign for which a permit is being sought.

(6)

Two copies of a sketch, blueprint, blueline print or similar presentation drawn to scale and dimensioned, showing elevations of the sign as proposed on a building facade, awning or canopy, provided, further, the relationship to other existing adjacent signs shall also be shown. In the case of a ground sign, these sketches shall include a site plan showing the sign location and any existing or proposed landscaping which is affected by such sign.

(7)

Such other information as the building official may require which is necessary to secure full compliance with all applicable regulations contained in this chapter and the Code.

(8)

An approved final development order unless the proposed sign qualifies as an exemption under section 34-567 or subsection 34-34(c)(4).

(c)

All applications for sign permits shall be submitted to the building official, whose approval is necessary prior to the issuance of a sign permit.

(d)

Upon satisfactory compliance with the requirements hereunder, a sign permit shall be issued to the applicant which shall be valid for a period of 90 days; however, the building official may, for good cause shown, renew the permit for an additional 90 days.

(e)

Failure to obtain a final satisfactory inspection within the permit period shall render the permit invalid and the applicant shall be required to reapply for a permit or remove the sign or sign structure within ten days from notification by the building official.

(Ord. No. 5-92, § 8.9, 8-25-92)

Upon compliance with the provisions of this article, as certified after review of the building official or by issuance of a final development order, the town clerk shall issue a permit for such sign structure. Permits shall be numbered and shall contain the following information:

(1)

The type of sign as defined in this article.

(2)

The street address of the property upon which such sign is proposed to be located and the proposed location of the sign on such property. In the absence of a street address, an acceptable method of location shall be used.

(3)

The amount of the fee paid for such permit.

(4)

The date of issuance.

(5)

In the case of a temporary sign, the date of expiration of permit.

(Ord. No. 5-92, § 8.10, 8-25-92)

It shall be unlawful for any person to engage in the business of signs or outdoor advertising, or in the business of erecting or maintaining signs within the town, unless and until such person shall have filed a certificate of public liability and property damage insurance policy executed by a company authorized to do business in the state in a sum of not less than $300,000.00 for bodily injury in any one occurrence and not less than $50,000.00 for damage to property.

(Ord. No. 5-92, § 8.11, 8-25-92)

(a)

At the time of submission of an application for a sign permit, a nonrefundable plan check fee shall be paid:

(1)

Sign review fee .....$ 50.00

(2)

Fee for review of revision to sign plan .....15.00

Plus, per revised sheet .....2.00

(3)

Fee to alter the lettering or graphics to an existing legally permitted sign .....15.00

(b)

When application for a permit is approved and before a permit is issued, a permit fee shall be paid based on the following schedule of rates:

(1)

Signs:

Up to 32 square feet (each face) .....$ 25.00

Over 32 square feet (per foot) .....0.50

(2)

Temporary signs: .....

Up to 32 square feet (each face) .....25.00

Over 32 square feet (per foot) .....0.50

(c)

Reinspection fee (all signs) .....25.00

(d)

Where work for which a permit is required by this article is started or proceeded with prior to obtaining a permit, the fees herein specified shall be doubled. However, the payment of such double fee shall not relieve any persons from fully complying with the requirements of this article in the execution of the work nor from any other penalties prescribed in this chapter or the Code.

(Ord. No. 5-92, § 8.12, 8-25-92; Ord. No. 7-93, § 2, 6-8-93; Ord. No. 02-08, § 1, 10-14-08)

(a)

When requested by the permit holder, the following required inspections shall be made by the town:

(1)

A foundation inspection prior to pouring concrete for any approved ground sign.

(2)

Final electrical inspection for electrical signs.

(3)

Final inspection for completion of sign in accordance with approved final plans.

(b)

Upon satisfactory completion of the final inspection, a sign identification sticker shall be issued and shall be placed on the sign at a location designated by the town. The absence of the sticker on a sign shall be prima facie evidence that the sign has been or is being erected in violation of the provisions of this chapter.

(c)

Each sign which has been erected with a permit and for which a final inspection has been made and a sign inspection sticker is secured shall be maintained in substantially the same condition as when the final inspection was made and the sign inspection sticker was issued. Failure to so maintain the sign shall constitute a violation of this article.

(Ord. No. 5-92, § 8.13, 8-25-92)

(a)

Generally.

(1)

Building signs. Building signs shall not extend beyond the edge of the surface to which it is attached (Figure 9), nor shall a building sign disrupt the architectural features of the building (Figure 10).

(2)

Setback. All signs shall have a setback from the parcel lot lines and public right-of-way equal to the setbacks for the corresponding type of building as detailed in section 34-247.

(3)

Content changes. Significant changes to sign copy (i.e., business name change) must reapply for sign permit and meet current requirements. See also subsection 34-565(a).

(b)

Residential.

(1)

Residential districts. In all residential districts:

a.

One real estate sign, not exceeding three square feet in sign face area and not exceeding four feet in height shall be permitted. Property with two or more on-premises frontages shall be permitted one additional sign of the dimensions permitted for the initial sign.

b.

Two additional real estate signs, each not exceeding one square foot in sign face area; however, the signs may only convey a message regarding the features of the home, stating that the property is sold, or announcing that the house is open for inspection.

(2)

R-1, R-1-A and RC-1 districts. In R-1, R-1-A and RC-1 districts signs shall be as specified in subsections 34-567(2), 34-567(12) and 34-567(13).

(3)

R-2 districts. In R-2 districts one ground sign identifying the premises may be permitted in lieu of a flat sign, provided it does not exceed 32 square feet per sign face and an aggregate sign area of 64 square feet, and does not exceed 11 feet in height.

(4)

MHP-1 districts. In the MHP-1 district the same restrictions apply as for the R-2 district except that a sign should not exceed 11 feet in height.

(c)

Neighborhood commercial, commercial, industrial, public/institutional, timber, and utility on County Road 40. Properties fronting on County Road 40 and that portion of Inglis Avenue lying between Levy County Road 40 and U.S. Highway 19, and fronting Hammock Road designated as commercial (C-I, C-2, I, P1, T and U zoning districts.)

(1)

Real estate signs. A real estate sign shall be permitted on the premises for sale, rent or lease. Such sign shall be non-illuminated, not to exceed 32 square feet in area. A double-faced real estate sign is permitted, provided that it shall not exceed 16 square feet per sign face and an aggregate sign area of 32 square feet and if grounded, it shall not exceed seven feet in height.

(2)

Commercial and industrial (freestanding, i.e., not in a center). One or more sign(s) per use as permitted by subsection 34-573(c)(4) below.

(3)

Commercial and industrial centers. As this subsection is applied to commercial or industrial centers, only the name of the center shall be considered the main use and only one ground sign shall be permitted in any center.

(4)

Signs facing perpendicular or parallel to a building front setback line. Signs facing perpendicular or parallel to a building front setback line to be allowed as follows:

a.

One ground sign identifying the premises, not exceeding a square foot sign area of 32 square feet per sign face and a maximum aggregate sign area of 64 square feet. No ground sign shall exceed 21 feet in width or 15 feet in height. Corner plots may use both frontages for establishing allowable sign area. Each frontage will be allowed full usage. Property with two or more frontages are permitted two ground signs, provided that the signs are not located within 250 feet of each other along the frontage line.

b.

In addition, flat wall signs or painted wall or flat signs, each with a maximum sign area of 20 percent of the area of each facade of the building that faces a public street singly, or in a combination, will be allowed identifying the occupancy.

(5)

Portable signs. One portable sign is permitted per use. The sign face area and aggregate sign area of the portable sign shall be included in the maximum allowable under subsection 34-573(c)(4). The portable sign shall be placed to comply with the setback requirements of subsection 34-573(a)(2). For safety reasons, all portable signs must have a suitable anchoring system. (See definitions for suitable anchoring system.)

(6)

Canopy signs. A commercial and/or industrial center shall be permitted one suspended-type canopy sign per licensed business, not to exceed six feet in length and 18 inches in height, placed entirely under a suspended-type canopy (marquee) directly in front of such location, identifying the occupancy. Clearance from the ground to bottom of sign must conform to county regulations or seven feet, whichever is greater. All other types of canopy signs would be considered as normal wall signs.

(7)

Facade sign. In the case of a commercial or industrial center, each licensed, individual store front will be allowed flat wall signage not to exceed 32 square feet. Window signs are included as a part of the 32 square feet, but are in addition to canopy signs. (See subsection 34-573(c)(6) above.)

(8)

Principal and amplifying signs. A person may have the option of dividing the total permissible sign area between the principal permitted sign and minor or amplifying permitted signs. Amplifying signs are limited to the identification and price of a particular product for sale or service on the premises. The combined area of the principal sign and the amplifying sign shall not exceed the total allowable sign area for the application as elsewhere defined in this article, or shall it be used as an additional separate ground sign or fixed projecting sign.

(d)

Neighborhood commercial, commercial, industrial, public institutional, timber and utility on U.S. 19 (C-i, C-2, I, P1, T and U zoning districts). Properties fronting on U.S. Highway 19/98.

(1)

Commercial and industrial (freestanding, i.e., not in a center). One or more sign(s) per use as permitted by subsection 34-573(d)(4) below.

(2)

Commercial and industrial centers. As this subsection is applied to commercial and industrial centers, only the name of the center shall be considered the main use and only one ground sign shall be permitted in any center.

(3)

Real estate signs. A real estate sign shall be permitted on the premises for sale, rent or lease, provided it meets the criteria set forth in subsection 34-573(c)(1).

(4)

Sign faces perpendicular to a building front setback line. Sign faces perpendicular or parallel to a building front setback line are to be governed by the following:

a.

One ground sign identifying the premises, not exceeding a square foot sign area of 32 square feet per sign face and a maximum aggregate sign area of 64 square feet. No ground sign shall exceed 21 feet in width or 21 feet in height. Corner plots may use both frontages for establishing allowable sign area. Each frontage will be allowed full usage. Property with two or more frontages are permitted two ground signs, provided that the signs are not located within 250 feet of each other along the frontage line.

b.

Flat signs or painted wall signs, as permitted by subsection 34-573(c)(4)b. However, the maximum sign face areas shall be 128 square feet and a maximum aggregate sign area shall be 256 square feet for the premises.

c.

In the case of the primary front facade of a building being perpendicular to the frontage(s), signs shall be permitted in the same manner as permitted in subsection 34-573(c)(4). However, the maximum sign face area shall be 128 square feet and a maximum aggregate sign area shall be 256 square feet.

(5)

Portable signs. One portable sign is permitted per use. The sign face area and aggregate sign area of the portable sign shall be included in the maximum allowable under subsection 34-573(d)(4). The portable sign shall be placed to comply with the setback requirements of subsection 34-573(a)(2).

(6)

Canopy signs. A commercial or industrial center shall be permitted one canopy sign per occupancy, as permitted by subsection 34-573(c)(6).

(7)

Principal and amplifying signs. A person may have the option of dividing the total permissible sign area between the principal permitted sign and minor or amplifying permitted signs. Amplifying signs are limited to the identification and price of a particular product for sale or service on the premises. The combined area of the principal sign and the amplifying sign shall not exceed the total allowable sign area for the application as elsewhere defined in this article, nor shall it be used as an additional separate ground sign or fixed projecting sign.

(e)

Real estate signs. All real estate agencies that list properties in the town are required to register with the town by presenting an annual business tax receipt. Each agency shall receive a sign regulations information packet at the time of registration.

(1)

Real estate signs shall be removed by listing agent within seven days following closure of sale regardless of any other exceptions provided in this chapter. See also subsections 34-567(14), 34-573(b)(1), 34-573(c)(1) and 34-573(d)(3).

(2)

The code enforcement officer or authorized town official may remove any sign seven days after the closing of a real estate sale and written notification to the listing agent. The town will hold the signage for an additional period of seven days for retrieval by the owner. If the sign is not retrieved after seven days, the town may discard the signage.

a.

The code enforcement officer has the option to give a warning on the first occurrence, and return the signage, or charge a $25.00 fee for the first time and each time real estate signs are not removed in a timely fashion as per this section.

b.

The code enforcement officer has the option in significant cases to initiate proceedings of the code enforcement board for further actions including financial penalties.

(3)

The code enforcement officer and/or other authorized town official will have the right to ask any real estate agent listing properties or erecting signs within the town limits to provide proof of their agency's current business tax receipt. The town code enforcement officer will have the authority to remove real estate signs from real estate agencies that cannot produce evidence of an up-to-date business tax receipt within seven days.

(Ord. No. 5-92, § 8.14, 8-25-92; Ord. No. 7-93, §§ 3—18, 6-8-93; Ord. No. 18-93, § 1, 10-12-93; Ord. No. 04-06, § 1, 12-12-06; Ord. No. 02-08, § 1, 10-14-08)

The following special signs are permitted, subject to the provisions of this section and other applicable provisions of this article:

(1)

Temporary development signs. Areas under development, including but not limited to shopping centers, cooperative apartments, condominiums, and extensive platted or unplatted land shall be permitted under the following conditions:

a.

Two temporary nonilluminated signs not to exceed 50 square feet per sign face and an aggregate sign area of 100 square feet.

b.

The signs shall be located on the premises being developed and shall be located in accordance with the requirements contained in the section 34-573 relating to the specific zoning district.

c.

Signs allowed herein shall be permitted for one year. If the project is not completed within one year, the building official may grant an appropriate extension. All signs must be removed from the premises within 30 days of the date on which the project is completed or suspended, or by the expiration of the final development order, whichever occurs first. Failure to so remove the signs shall subject the signs to removal by the town.

(2)

Construction project sign. One nonilluminated project sign may be permitted on the premises, subject to the following conditions:

a.

The sign shall not exceed 32 square feet per sign face in area with a maximum aggregate sign area of 64 square feet.

b.

The sign shall not be erected prior to 15 days from the date of the beginning of actual construction and must be removed when certificate of occupancy is issued. However, if the sign is erected as permitted hereunder and if construction is not commenced within 30 days after the permit is issued or if the construction is not continually progressed to completion, the sign shall be promptly removed by the owner or be subject to removal pursuant to this article.

c.

The signs shall be located on the premises being developed and shall be located in accordance with the requirements contained in the section 34-573 relating to the specific zoned area.

(3)

Ingress and egress signs. One sign, for directional purposes, shall be permitted at each point of ingress and egress to a parking area. However, the signs shall not exceed three square feet in sign area and shall not exceed four feet in height.

(4)

Rear entrance sign. When a building has a rear parking area on the premises, one flat sign per occupancy, not exceeding 12 square feet in sign area, shall be permitted at the rear building entrance.

(5)

Directory sign.

a.

As part of a ground sign. A directory sign may be attached to or be part of a ground sign permitted by this article; the total sign area shall be included in the allowable ground sign area.

b.

Within a commercial or industrial center. A directory sign may be permitted on premises within a commercial center for pedestrian or vehicular directional purposes, provided, however, that such sign conforms to the following:

1.

A single business or activity shall be limited to two square feet per individual sign face.

2.

The overall directory sign face shall not exceed an aggregate sign area of 28 square feet.

3.

The directory sign shall not exceed seven feet in height.

4.

The sign may be illuminated.

(6)

Window sign. A window sign may be permitted which identifies the business or activity by name or symbol, subject to the following provisions:

a.

A sign or any combination of opaque signs and decals shall not exceed an aggregate area equal to 20 percent of the window glass area on which it is located.

b.

The sign area for a window sign shall be included in the flat sign area allowable for the particular occupancy or activity utilizing such sign.

c.

Window signs may be permitted for each window for each building which is permitted a flat sign by this article.

d.

Neon window signs are considered permanent signs and require permits.

e.

Open letter window signs are figured at a minimum of 50 percent of the calculations as indicated in Figure 6.

(7)

Subdivision entrance sign. Up to two subdivision entrance signs will be permitted, provided that they are either grounded or placed on the face of an entrance wall to the subdivision or residential complex provided that the sign area shall not exceed 50 square feet per sign face and an aggregate sign area of 100 square feet; and, if grounded, the signs shall not exceed a height of seven feet. Street signs, warning and regulatory signs shall be governed by the applicable provisions of article III of this chapter pertaining to subdivision regulations.

(8)

Changeable copy signs. A changeable copy ground sign is permitted. The changeable sign face area shall be included in the allowable sign face area and the aggregate sign area.

(9)

Gasoline pricing signs.

a.

A sign advertising the price of gasoline is permitted, provided that it shall not exceed 12 square feet per sign face and an aggregate area of 24 square feet. If a ground sign, the sign shall not exceed five feet in height. One sign shall be permitted per roadway frontage, however, a maximum of two signs are allowed. In the event such a sign is attached to as a part of a permanent ground sign, the sign shall be subject to the provisions contained herein regarding division of area between principal and amplifying sign.

b.

Signs which are placed on gasoline pumps in order to provide required information to the public regarding price per gallon or liter, type of fuel and octane rating are permitted. However, such signs may not exceed three square feet in sign face and six square feet in aggregate sign area.

c.

In the event the county, the state or the United States of America adopt regulations regarding gasoline pricing signs, then, to the extent such regulations conflict with these regulations, those regulations shall govern gasoline pricing signs.

(10)

Special event sign, banners and special event directional sign. One sign or banner, directing the attention of the public to a special event, may be permitted on the premises of the event. A special event sign shall not exceed 25 square feet per sign face and an aggregate sign area of 50 square feet, and its height shall not exceed seven feet. A banner shall not exceed 50 square feet in area and shall have the prior approval of the building official. Such signs, banners and directional signs shall be erected not to exceed two weeks prior to the scheduled date of event and removed five days after the scheduled event ends.

(11)

Civic directory signs. The town may erect, or approve and permit to be erected, signs at or near the town limits, for the benefit of visitors, on which may be listed institutional names, churches and points of interest. Civic organizations and religious institutions may be permitted to place their insignias thereon.

(12)

Town public notice sign. The town may use one sign of any type on the premises of the town hall to aid in the provision of due public notice for public meetings. The purpose of this sign shall be to inform the citizens of the town of public meetings in the absence of a local daily newspaper of paid general circulation. This sign shall not satisfy or be used in lieu of any statutory requirements to advertise public meetings.

(13)

Corporate flags. A single corporate flag may be permitted on a premises subject to the following conditions:

a.

For the purpose of this section, a corporate flag shall be defined as a flag, imprinted upon which is a nationally or internationally recognized trademark or logo for a specific corporate entity. Corporate flags shall be attached to ground poles mounted on the ground. Corporate flags in combination with other flags shall be limited to a total of three in number, with the maximum height of all flags combined to be 20 percent of the height of the pole. Such flags shall not be used in such a way as to attract the attention of the public for commercial purposes. The maximum height on flag poles shall be 30 feet.

b.

A corporate flag shall be permitted only on parcels of land which are zoned commercial or industrial and upon which a structure has been constructed which is occupied by a single tenant.

c.

In reviewing an application for a corporate flag, the building official or planning commission, whichever is applicable, shall consider, among other things, the appropriateness of the size of the flag in relation to the entire parcel, and the existing or proposed on-site signage program for the parcel for which approval of the flag is being sought.

(Ord. No. 5-92, § 8.15, 8-25-92; Ord. No. 7-93, §§ 19, 20, 6-8-93; Ord. No. 18-93, § 2, 10-12-93; Ord. No. 04-06, § 1, 12-12-06; Ord. No. 02-08, § 1, 10-14-08)

Political signs require a permit in accordance with the following provisions:

(1)

A temporary sign permit for erection of political signs must be obtained from the town clerk. An individual may erect up to ten signs per permit fee of $25.00.

(2)

Such permit shall be issued for a period not to exceed 90 consecutive days; however, in the event the signs are erected by a candidate or regarding an issue which shall involve more than one election, then the permit shall be deemed extended to the date of election to which the sign pertains.

(3)

Within ten days after the election to which the sign pertains, all political signs posted by an applicant shall be removed by the applicant. If an applicant fails to so remove the signs, then the town is authorized to remove and dispose of all political signs erected by the applicant.

(4)

Political signs must also comply with subsections 34-579(a)(5) and (b) and [section] 34-580.

(Ord. No. 5-92, § 8.16, 8-25-92; Ord. No. 7-93, § 21, 6-8-93; Ord. No. 02-08, § 1, 10-14-08; Ord. No. 02-13, § 1, 6-11-13)

The owners of property of any classification situated within the town are prohibited hereby from erecting, replacing or moving onto any property any outdoor advertising signs, commonly known as billboard signs. No existing outdoor advertising sign shall be extended, enlarged or increased in width, height or length or distance from the ground. However, all such billboards shall be maintained in a safe and usable condition until it is removed. Any such outdoor advertising sign that is damaged from any cause in excess of 50 percent of its assigned value may not be rebuilt, shall be removed and the site placed in a clean and orderly condition. Existing outdoor advertising signs not located on property protected by state and federal regulations shall be subject to the requirements of prohibited signs (see section 34-580).

(Ord. No. 5-92, § 8.17, 8-25-92; Ord. No. 04-06, § 1, 12-12-06)

(a)

Signs or sign structures made nonconforming by Ordinance No. 04-06, enacted December 12, 2006, shall be governed by the following regulations:

(1)

A sign existing within the town which, because of its height, square foot area, location or other characteristic, does not conform to the sign regulations is hereby declared to be a nonconforming sign.

(2)

Failure to remove a nonconforming sign under the requirements of this subsection shall cause the sign to be declared an illegal sign, subject to disposition pursuant to section 34-581, pertaining to the removal of certain signs.

(3)

Nonconforming signs and sign structures previously permitted, existing at the time of passage of this article, not in conformance with the article may continue under the provisions for nonconforming structures provided in sections 34-278 and 34-279 of this Code.

(b)

The status afforded under this section shall not be applicable to any sign for which no sign permit was ever issued. Such signs are deemed illegal signs and are subject to the provisions of this article governing illegal signs.

(Ord. No. 5-92, § 8.18, 8-25-92; Ord. No. 7-93, §§ 22—24, 6-8-93; Ord. No. 04-06, § 1, 12-12-06)

No conforming sign or sign structure shall be permitted to be erected for the same occupancy with an existing nonconforming sign until the nonconforming sign has been removed or made conforming.

(Ord. No. 5-92, § 8.19, 8-25-92)

(a)

Temporary signs may be used:

(1)

To indicate that an owner, either personally or through an agent, is actively attempting to sell, rent or lease the property on which the sign is located. Such signs may only be placed on the property to which the sign relates. Such signs shall be removed within five business days of the closing of the sale of property or building to which the sign relates.

(2)

To indicate the grand opening of a business or other activity. Such messages may be displayed for a period not exceeding 14 days within the first three months that the occupancy is open for business.

(3)

To identify construction in progress. Such message shall not be displayed more than 15 days prior to the beginning of actual construction of the project, and shall be removed when construction is completed. If a message is displayed pursuant to this section, but construction is not initiated within 30 days after the message is displayed, or if construction is discontinued for a period of more than 15 days, the message shall be removed, pending initiation or continuation of construction activities.

(4)

To indicate the existence of a new business, or a business in a new location, if such business has no permanent signs. Such message may be displayed for a period of not more than 60 days or until installation of permanent signs, whichever shall occur first.

(5)

To announce or advertise such temporary uses as fairs, carnivals, circuses, revivals, sporting events, flea markets, or any public, charitable, educational or religious event or function. Such message shall be removed within five days after the special event.

(b)

Temporary signs, under this section, shall not exceed six square feet in sign area and only one such nonilluminated sign is allowed for each parcel of property. There may be one additional sign, subject to the same conditions of the first sign, if the property a has double frontage. (A river frontage is considered to be a second frontage.)

(Ord. No. 5-92, § 8.20, 8-25-92; Ord. No. 7-93, § 25, 6-8-93; Ord. No. 04-06, § 1, 12-12-06; Ord. No. 02-13, § 1, 6-11-13)

The following signs are hereby prohibited in all districts:

(1)

Traffic or pedestrian hazards. Any sign which constitutes a traffic hazard or a detriment to traffic safety by reason of its size, location, movement, content, coloring or method of illumination. Any sign which obstructs the vision between pedestrians and vehicles using the public right-of-way. Specifically prohibited are signs using:

a.

Moving signs, except time and temperature displays.

b.

Bare or flashing bulbs in excess of 11 watts.

c.

Bare or flashing LED (light emitting diode) or other flashing lights.

(2)

Signs made of combustible materials that are attached to or in close proximity to fire escapes or firefighting equipment.

(3)

Snipe signs.

(4)

Signs adjacent to residentially zoned land shall be subject to the following conditions: No sign shall be located within 50 feet of any residentially zoned property, except signs advertising uses allowed outright in that residential zone that conform with section 34-573 relating to that zone.

(5)

Any ground signs, poles, pylon or remotely removed signs that are electronically illuminated or powered by overhead or aboveground wiring.

(6)

Permanent spotlights or floodlights except where such spotlight or floodlight is nonrevolving and in a fixed position and when such light radiates only on the owner's premises or signs and not toward any street, roadway or neighboring building.

(7)

Swing signs.

(8)

Abandoned signs.

(9)

Vehicle signs. This section is not intended to prohibit any form of public vehicular signage such as a sign attached to a bus. Neither shall this section prohibit a sign lettered on or attached to a motor vehicle in a manner to primarily identify the vehicle with the business it serves and is less than six square feet in area.

(10)

Outdoor advertising signs, except where protected by federal and state law.

(11)

Roof signs.

(12)

Projecting signs.

(13)

Any sign which becomes unsightly. Unsightly as used herein shall mean any sign which is faded so that it is difficult to read, rusted, exhibits peeling paint, is bent and/or damaged or upon which graffiti has been placed. Dilapidated and unsightly signs shall be repaired or removed within 30 days after notification is given.

(14)

Any sign which emits sound, odor or visible matter.

(15)

Any sign which obstructs free ingress and egress from a required door, window, fire escape or other required exit way.

(16)

Sandwich signs.

(17)

Any other sign not expressly permitted by this article.

(Ord. No. 5-92, § 8.21, 8-25-92; Ord. No. 7-93, § 26, 6-8-93; Ord. No. 02-08, § 1, 10-14-08)

(a)

Any abandoned sign shall be removed by the owner, agent or person having the beneficial use of the building, structure or property upon which such sign may be found.

(b)

Any sign or advertising display now existing for which the proper permit was not secured is declared illegal and must be removed within one year from notification.

(c)

The sign deemed illegal under subsection 34-581(b) may be continued in use if all the requirements of this article are fully complied with and the sign meets the standards and criteria for the zoning district in which it is located with proper application for zoning approval plus payment of a fee double the amount normally paid for a sign permit.

(d)

All parasite signs and beacon lights shall be removed within 30 days after the effective date of the adoption of the ordinance from which this article is derived.

(e)

Should any sign become insecure or in danger of falling or otherwise unsafe in the opinion of the town commission or code enforcement officer, the owner thereof, or the person or firm maintaining the sign, shall, upon notice from the town commission, forthwith in the case of immediate danger, and in any case within ten days, secure the sign in a manner to be approved by the town commission, in conformity with the provisions of this article or remove such sign. If corrections are not made, the town commission will issue a written notice for correction to be made within the prescribed time limit. If corrective action is not taken upon expiration of the time limit, the town commission will cause corrective action to be taken at the expense of the owner.

(Ord. No. 5-92, § 8.22, 8-25-92; Ord. No. 04-06, § 1, 12-12-06)