The purpose of this Article is to regulate the location, erection, maintenance and use of signs in all land use districts, regardless of type or size, and to ensure that no sign shall constitute a safety hazard.

The intent of this Article is to create a balanced system of sign, control that accommodates both the needs for a well-maintained, safe and attractive community, and the need for effective business advertising, identification, and communication. This balance will assist in promoting the economic health of the community through increased tourism and property values. It is, furthermore, the intent of this Article to permit signs that are:

A.

Compatible with their surroundings;

B.

Designed, constructed, located, installed and maintained in a manner which does not endanger public safety or unduly distract motorists;

C.

Appropriate to the type of activity to which they pertain;

D.

Sized to convey sufficient information about the owner or occupants of a particular property, the products or services available on the property, or the activities conducted on the property without being obtrusive; and,

E.

Located so as to not conflict or interfere with regulatory or public informational, control, or directional signage.

(Ord. No. 2019-09, § 1(Exh. A), 8-27-2019)

This article shall be known as the "Sign Ordinance of Gulf County, Florida."

(Ord. No. 2019-09, § 1(Exh. A), 8-27-2019)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abandoned or Discontinued Sign or Sign Structure means a sign or sign structure whose owner has failed to operate or maintain said sign or sign structure for a period of six months or longer. The following conditions shall be considered as the failure to operate or maintain a sign or sign structure:

(1)

A sign displaying advertising for a product or service which is no longer available or displaying advertising for a business which is no longer licensed; or

(2)

A sign which is blank.

Advertising means sign copy intended to aid, directly or indirectly, in the sale, use or promotion of a product, commodity, service, activity, entertainment, or real or personal property.

Agricultural Produce Sign means a sign whose function is exclusively for advertising for the normal, incidental and customary sale of products, produce or livestock grown or raised on the premises.

Animated Sign means a sign which includes action, motion, or color changes, or the optical illusion of action, motion, or color changes, including signs set in motion by movement of the atmosphere, or made up of a series of sections that turn.

Artwork means a two- or three-dimensional representation of a creative idea that is expressed in a form and manner as to provide aesthetic enjoyment for the viewer rather than to specifically convey the name of the business or a commercial message about the products or services offered on the property upon which the artwork is displayed.

Awning Sign. See Canopy Sign.

Bandit Sign. See Snipe Sign.

Banner means any sign or string of one or more signs, usually made of cloth or other lightweight material, including, but not limited to, balloons and pennants, which are used to attract attention, whether or not imprinted with words or characters. Flags shall not be considered banners.

Beacon means a stationary or revolving light which flashes or projects illumination, single colored or multicolored, in any manner which has the effect of attracting or diverting attention, except, however, the term "beacon" does not include any kind of lighting device which is required or necessary under the safety regulations of the Federal Aviation Administration or other similar agency. This definition does apply to any similar type of lighting device contained entirely within a structure and which does not project light to the exterior of the structure.

Billboard means a sign structure and/or sign utilized for advertising an establishment, activity, product, service or entertainment, which is sold, produced, manufactured, available or furnished at a place other than on the property on which said sign structure and/or sign is located.

Building Frontage means the length of the single face of a building or that portion of a building occupied by a single office, business or enterprise, commonly referred to as "store-front," which is abutting a street, parking area, or other means of customer access such as an arcade, a mall or a walkway. The building frontage for a side façade shall be the length of the single face of a side of a building or that portion of a side of a building occupied by a single office, business or enterprise.

Canopy Sign means any sign that is a part of or attached to an awning or canopy (i.e., a fabric, plastic, or structural protective cover constructed over a door, entrance, window, or outdoor service area that is constructed as an integral part of a building).

Commercial Message means any sign wording, logo, or other representation or image that directly or indirectly names, advertises, or calls attention to a product, service, sale or sales event or other commercial activity.

Construction Sign means a temporary on-premises sign identifying the ongoing construction activity during the time that a building permit is active and prior to completion of the work for which the permit was issued, containing sign copy that is limited to the ongoing construction activity and identifying the contractor and/or any subcontractor engaged to perform construction activity on the site.

Copy means the linguistic or graphic content of a sign.

Directional Sign means a noncommercial on-site sign providing direction or information to pedestrian or vehicular traffic that is related or reasonably necessary to the movement of pedestrian or vehicular traffic on the premises (e.g., "entrance," "exit," "caution," "no parking," "one way only," "no trespassing," and the like) and not displaying a commercial message.

Double-Faced Sign means a single sign with copy on both sides of the sign and mounted as a single structure.

Election Sign means a temporary sign erected or displayed for the purpose of expressing support for or opposition to a candidate or stating a position regarding an issue upon which the voters of the county shall vote.

Erect means to construct, build, raise, assemble, place, affix, attach, create, paint, draw, or in any other way bring into being or establish; but it does not include any of the foregoing activities when performed as an incident to the change of advertising message or customary maintenance or repair of a sign.

Facade means the side of a building that faces a public or private street.

Flag means any fabric or bunting containing distinct colors, patterns or symbols, used as an ornamental flag or as a symbol of government, political subdivision, corporation, business or other entity. (See also Ornamental flag.)

Flagpole means a pole on which to raise a flag.

Flashing Sign means a sign which permits light to be turned on or off intermittently more frequently than once per minute or any illuminated sign on which such illumination is not kept stationary or constant in intensity and color at all times when such sign is in use, including an LED (light emitting diode) or digital sign.

Free Expression Sign means a sign, not in excess of four square feet in size (area) per side and whose top is not more than three feet off the ground, communicating information or views on matters of public policy or public concern, or containing any other noncommercial message that is otherwise lawful.

Freestanding Sign means a sign supported by structures or supports that are placed on or anchored in the ground or at ground level and which are independent of any building or other structure.

Frontage means the length of the property line of a parcel of land, which runs parallel with and along a road right-of-way or street, exclusive of alleyways.

Future Development Sign means a sign that functions to advertise the future or proposed development of the premises upon which the sign is erected.

Garage or Yard Sale Sign (Garage-Yard Sale Sign) means any on-site temporary sign pertaining to the sale of personal property in, at or upon any residentially-zoned property located in the county. Garage or yard sales shall include but not be limited to all such sales, and shall include the advertising of the holding of any such sale, or the offering to make any sale whether made under any name such as garage sale, lawn sale, yard sale, front yard sale, back yard sale, home sale, attic sale, rummage sale, patio sale, flea market sale, or any similar designation.

Holiday and Seasonal Decorations mean decorations that pertain to legally or otherwise recognized holidays or to a season of the year.

Illegal Sign means any sign which was unlawfully erected or which has been determined to be in violation of any provision of this article.

Illuminated Sign means any sign or portion thereof, which is illuminated by artificial light, either from an interior or exterior source, including outline, reflective or phosphorescent light, whether or not the source of light is directly affixed as part of the sign.

Incidental Sign means a sign not exceeding one square foot in size attached to a freestanding sign or affixed to a wall that either:

(1)

Identifies credit cards accepted by the owner, tenant, or occupant of the parcel where the incidental sign is located; or

(2)

Provides an official notice of services required by law or trade affiliation.

Intermittent Sign means a sign which permits light to be turned on or off intermittently more frequently than once every 12 hours or which is operated in a way whereby light is turned on or off intermittently or which varies in intensity or color more frequently than once every 12 hours, including any illuminated sign on which such illumination is not kept stationary or constant in intensity and color at all times when such sign is in use, including, but not limited to, an LED (light emitting diode) or digital sign.

Nameplate Sign or Occupant Identification Sign means a sign indicating the name and/or profession or address of a person or persons residing on the premises or legally occupying the premises.

Noncommercial Message means any message that is not a commercial message.

Nonconforming Sign means a sign that was lawfully erected but no longer conforms to the regulations provided in this article.

Off-Premises Sign or Off-Site Sign means any sign relating in its subject matter to commodities, accommodations, services or activities on a premises other than the premises on which the sign is located.

On-Premises Sign or On-Site Sign means any sign relating in its subject matter to the commodities, accommodations, service or activities on the premises on which the sign is located.

Ornamental Flag means any fabric or similar material containing patterns, drawings or symbols used for decorative purposes and designed to be flown as a flag.

Parapet means a false front or wall extension above the roofline of a building.

Pennant means any series of small flag-like or streamer-like pieces of cloth, plastic, paper or similar material attached in a row to any staff, cord, building, or at only one or two edges, the remainder hanging loosely.

Permanent Sign means any sign which, when installed, is intended for permanent use. For the purposes of this section, any sign with an intended use in excess of 12 months from the date of installation shall be deemed a permanent sign.

Portable Sign means any sign, banner, or poster that is not permanently attached to the ground or to a structure. For purposes of this section, an inflatable sign shall be considered a portable sign.

Projecting Sign means any sign affixed perpendicularly to a building or wall in such a manner that its leading edge extends more than 12 inches beyond the surface of such building or wall.

Real Estate Sign means a sign advertising the sale, rental or lease of the premises or part of the premises on which the sign is displayed temporarily.

Revolving Sign or Rotating Sign means any sign that revolves or rotates.

Roof Sign means any sign erected and constructed wholly on or over the roof of a building, which is supported by the roof structure, or any sign that extends in whole or in part above the roofline of a building. For purposes of this definition, the term "roofline" shall mean the highest continuous horizontal line of a roof. On a sloping roof, the roofline is the principal eave or the highest line common to one or more principal eaves of a roof. On a flat roof, the roofline is the highest continuous line of a roof or parapet, whichever is higher.

Safety Sign. See Warning Sign.

Sandwich Board Sign means a temporary portable double-faced, freestanding sign.

Sight Triangle means a triangular-shaped portion of land established at street intersections or street and driveway intersections in which nothing is erected or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection. In the absence of any other applicable standard:

(1)

For street intersections, this triangle is created by establishing points 30 feet from the point of intersection of each of two intersecting right-of-way lines and connecting these two points with a straight line to form a triangle; and

(2)

For driveway intersections, this triangle is created by establishing points ten feet from the point of intersection of a right-of-way line and the line established by a driveway edge and connecting those two points with a straight line to form a triangle.

Sign means any device, fixture, placard or structure which uses color, form, graphics, illumination, architectural style or design with text or writing to advertise, attract attention, announce the purpose of or identify the purpose of any person or entity or to communicate information of any kind to the public. The term "sign" includes sign structure. The following shall not be considered signs subject to the regulations of this section: artwork, holiday or seasonal decorations, cemetery markers, machinery or equipment signs, memorial signs or tablets.

Sign Area means the total area, as measured in square feet, of a sign surface, including all parts thereof devoted to the background, computed by bounding the exterior of the sign structure or surface with a series of straight or curved lines tangent thereto. The area of a sign painted directly on a wall or awning and signs with letters attached directly to walls or awnings shall be calculated by constructing an imaginary series of straight lines or lines formed, bounded or characterized by curves around the outside of all elements of the sign.

Sign Face means the part of the sign that is or can be used to identify, display, advertise, communicate information, or for visual representation, which attracts or intends to attract the attention of the public for any purpose.

Sign Height means the vertical distance measured from ground level nearest the base of the sign to the highest point on the sign.

Sign Maintenance means the replacing, repairing or repainting of a portion of a sign structure, or periodically changing changeable copy or renewing copy, which has been made unusable by ordinary wear.

Sign Structure means any structure which is designed specifically for the purpose of supporting a sign, which has supports or which is capable of supporting a sign. The definition shall include any decorative covers, braces, wires, supports, or other components attached to or placed around the sign structure.

Snipe Sign (Bandit Sign) means any sign tacked, nailed, posted, pasted, glued or otherwise attached to trees, rocks, or other natural features, or poles, stakes, or fences, with the message appearing thereon not applicable to the present use of the premises upon which the sign is located. This shall not include warning signs such as "no trespassing" signs or "no hunting" signs.

Special Event Sign means a sign, regardless of its content, providing notice of, or direction to, an event, gathering, assembly or meeting that is open to the public at large. The term "special event sign" shall not mean a sign bearing a commercial message.

Statutory Sign means a sign required by any statute or regulation of the state or the United States.

Street Address Sign means any sign denoting the street address of the premises on which it is located or to which it is attached.

Substantially Damaged or Destroyed, as it pertains to a nonconforming sign, means that:

(1)

Fifty percent or more of the upright supports of a sign structure are physically damaged such that normal repair practices of the sign industry would call for, in the case of wooden structures, replacement of the broken supports and, in the case of a metal sign structure, replacement of at least 25 percent of the length above ground of each broken, bent, or twisted support; or

(2)

That more than 50 percent of a wall or attached sign is physically damaged such that normal repair practices of the sign industry would call for the same to be replaced or repaired.

Temporary Sign means a sign intended for a use not permanent in nature. For the purposes of this section, a sign with an intended use of one year or less shall be deemed a temporary sign.

Traffic Control Device Sign means any sign located within the right-of-way that functions as a traffic control device and that is described and identified in the Manual on Uniform Traffic Control Devices (MUTCD) and approved by the Federal Highway Administrator as the National Standard. Traffic control device sign include those signs that are classified and defined by their function as regulatory signs (that give notice of traffic laws or regulations), warning signs (that give notice of a situation that might not readily be apparent), and guide signs (that show route designations, directions, distances, services, points of interest, and other geographical, recreational, or cultural information).

Vehicle Sign means any sign where the total sign area covers more than ten square feet of the vehicle.

Wall Sign means a sign used for advertising, which is painted on, fastened to, or erected against the wall of a building with its face in a parallel plane with the plane of the building facade or wall, that does not extend above the height of the vertical wall or eaves.

Warning Sign or Safety Sign means a sign that functions to provide a warning of a dangerous condition or situation that might not be readily apparent or that poses a threat of serious injury (e.g., gas line, high voltage, condemned building, etc.) or that functions to provide a warning of a violation of law (e.g., no trespassing, no hunting allowed, etc.).

Wind Sign means a sign, which uses objects or material fastened in such a manner as to move upon being subjected to pressure by wind, and shall include banners, pennants, ribbons, spinners, streamers or captive balloons; however, the term "wind sign" shall not include flags.

Window Sign means any sign mounted in any fashion on the interior or exterior of the surface of a window.

(Ord. No. 2019-09, § 1(Exh. A), 8-27-2019)

It is the purpose of this article to promote the public health, safety and general welfare through reasonable, consistent and non-discriminatory sign standards. The sign regulations in this article are not intended to censor speech or to regulate viewpoints, but instead are intended to regulate the secondary effects of speech, and especially insofar as those secondary effects may adversely affect aesthetics and traffic and pedestrian safety. In order to preserve and enhance the county as a desirable community in which to live and do business, a pleasing, visually attractive environment is of foremost importance. The regulation of signs within the county is a highly contributive means by which to achieve this desired end. These sign regulations have been prepared with the intent of enhancing the visual environment of the county and promoting its continued well-being, and are intended to:

(1)

Encourage the effective use of signs as a means of communication in the county;

(2)

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

(3)

Improve pedestrian and traffic safety;

(4)

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

(5)

Foster the integration of signage with architectural and landscape designs;

(6)

Lessen the visual clutter that may otherwise be caused by the proliferation, improper placement, illumination, animation, excessive height, and excessive size (area) of signs which compete for the attention of pedestrian and vehicular traffic;

(7)

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

(8)

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

(9)

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

(10)

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

(11)

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

(12)

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

(13)

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

(14)

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

(15)

Preserve, conserve, protect, and enhance the aesthetic quality and scenic beauty of all districts of the county;

(16)

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

(17)

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

(18)

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

(19)

Regulate the appearance and design of signs in a manner that promotes and enhances the beautification of the county and that complements the natural surroundings in recognition of the county's reliance on its natural surroundings and beautification efforts in retaining economic advantage for the community;

(20)

Preserve and enhance the rural and historic character of the county; and

(21)

Enable the fair and consistent enforcement of these sign regulations.

(Ord. No. 2019-09, § 1(Exh. A), 8-27-2019)

The following signs and sign types are prohibited within the county and shall not be erected. Any lawfully existing permanent sign or sign type that is among the prohibited signs and sign types listed below shall be deemed a nonconforming sign subject to the provisions of this article.

(1)

Billboards (see section 6.00.06(7)).

(2)

Revolving signs.

(3)

Flashing signs.

(4)

Animated signs.

(5)

Wind signs.

(6)

Portable signs.

(7)

Roof signs.

(8)

Abandoned and discontinued signs.

(9)

Snipe signs; bandit signs.

(10)

Projecting signs, except as expressly allowed.

(11)

Bus bench advertising signs; bus shelter advertising signs.

(12)

Signs that emit smoke, visible vapor or smoke, sound, odor, or visible particles or gaseous matter.

(13)

Signs that have unshielded illuminating devices and/or that do not fully conform with the lighting restrictions contained within this article and/or that will not comply with the lighting standards set forth in section 6.00.08, as may be amended or codified.

(14)

Signs that obstruct, conceal, hide or otherwise obscure from view any official traffic or governmental sign, signal or device.

(15)

Wall signs and or freestanding signs that exceed 128 square feet in surface area. The foregoing maximum sign area limitations, which apply under all circumstances, do not preclude the more restrictive sign area limitations that apply herein by district.

(16)

Freestanding signs that are higher than 25 feet. The foregoing maximum height limitation for a freestanding sign, which applies under all circumstances, does not preclude the more restrictive height limitations as set forth herein by district.

(17)

Signs within a sight triangle.

(18)

Signs in the public right-of-way, other than traffic control device signs, warning signs or safety signs.

(19)

Signs other than a traffic control device sign that use the words "stop" or "danger," or present or imply the need or requirement of stopping or the existence of danger, or which copy or imitate an official traffic control device sign and which are adjacent to the right-of-way of any road, street, or highway.

(20)

Signs prohibited by state or federal law.

(21)

Vehicle signs which have a total sign area on any vehicle in excess of ten square feet, when the vehicle is not "regularly used in the conduct of the business or activity" advertised on the vehicle; and

a.

Is visible from a street right-of-way within 100 feet of the vehicle; and

b.

Is parked for more than five consecutive hours within 100 feet of any street right-of-way.

A vehicle shall not be considered "regularly used in the conduct of the business or activity" if the vehicle is used primarily for advertising, or for the purpose of advertising, or for the purpose of providing transportation for owners or employees of the business or activity advertised on the vehicle.

(22)

Signs located on real property without the permission of the property owner.

(23)

Beacon signs, except as required by state or federal law.

(24)

Intermittent signs.

(25)

Sandwich board signs, except as expressly allowed.

(26)

Signs located, painted or affixed on a water tower, storage tower, or cell tower that are visible from a public street or roadway.

(Ord. No. 2019-09, § 1(Exh. A), 8-27-2019)

A nonconforming sign that was lawfully erected may continue to be maintained until the nonconforming sign is substantially damaged or destroyed. At such time that the nonconforming sign is substantially damaged or destroyed, the nonconforming sign must either be removed or be brought into conformity with this article and with any other applicable law or regulation.

(Ord. No. 2019-09, § 1(Exh. A), 8-27-2019)

This article does not pertain to the following:

(1)

A sign, other than a window sign, located entirely inside the premises of a building or enclosed space.

(2)

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

(3)

A statutory sign.

(4)

A traffic control device sign.

(5)

Any sign not visible from a public street, sidewalk or right-of-way, except that the foregoing does not exempt a sign for a commercial use that is visible from an abutting residential use.

(6)

Any temporary sign or temporary device utilized to express a noncommercial message that is reactive to a local happening or that expresses a view on a controversial issue and that is displayed on public property that is a traditional public forum such as a public sidewalk or a public park, provided that the temporary display does not block, or otherwise interfere with, pedestrian or vehicular traffic.

(7)

Permanent freestanding or wall-mounted signs. Permanent freestanding or wall-mounted signs are allowed as follows:

a.

Number. One permanent freestanding or wall-mounted sign is permitted for each parcel containing a permitted use.

b.

Height of Permanent Freestanding Sign. The height of a permanent freestanding sign shall not exceed 25 feet in height.

c.

Size. The maximum sign surface area of a permanent freestanding or wall-mounted sign shall not exceed 128 square feet in size.

d.

Setbacks for Permanent Freestanding Signs. The following setbacks for permanent freestanding signs shall apply:

1.

A permanent freestanding sign shall be set back at least 15 feet from the right-of-way line.

2.

A permanent freestanding development sign shall comply with any additional setback requirements in this Code.

3.

If and when a permanent freestanding sign shall exceed 32 square feet; said sign shall be engineered by design professional and required construction of a metal frame and/or base.

(8)

Temporary agricultural produce signs. For an allowed agricultural use, one temporary agricultural produce sign may be displayed. A temporary agricultural produce sign shall not exceed four square feet in sign area. A temporary agricultural produce sign shall not exceed six feet in height.

(9)

Incidental signs. Up to two incidental signs are permitted to be attached:

a.

To a freestanding sign structure; or

b.

To a building wall, but not perpendicular to the wall.

An incidental sign shall not exceed one square foot in size.

(10)

Permanent business or retail establishment signs within a development. Each permitted business or retail establishment within a development shall be entitled to the following signs:

a.

Permanent Window Sign. The window surface of any retail establishment within a development may have one or more permanent window signs affixed to the window surface, provided that the aggregate sign area on the window surface does not exceed 20 percent of the total window surface area of the window.

b.

Permanent Wall-Mounted Sign. One permanent wall-mounted sign (other than a permanent window sign) that does not exceed 30 percent of surface area and does not project more than six inches.

(Ord. No. 2019-09, § 1(Exh. A), 8-27-2019)

(a)

Building Permits. It shall be unlawful for any person or business or the person in charge of the business to erect, construct, or alter a permanent sign structure whose construction is subject to the Florida Building Code, without first obtaining such building permit from the county as may be required by the Florida Building Code. Permit fees, if any, shall be paid in accordance with the applicable fee schedules. The requirement of a building permit under the Florida Uniform Construction Code is separate and independent of the requirement for a sign permit under this article.

(b)

Sign Permits.

(1)

Allowed temporary signs, except for special event signs, of the type described in section 6.00.13 shall be exempt from sign permitting hereunder. Temporary special event signs shall require a permit.

(2)

Allowed permanent signs of the type described in section 6.00.06 shall be exempt from sign permitting hereunder.

(3)

No sign permit shall be issued for the erection of a prohibited sign.

(4)

Unless exempt from permitting as provided in section 6.00.13, no permanent sign shall be erected, altered, relocated, maintained or displayed until a sign permit is obtained from and the appropriate fee, if any, is paid to the county.

(5)

A sign lawfully erected under permit may be repainted or have ordinary and customary repairs performed, including replacement of plastic or glass panels, without a new sign permit; however, if such sign is to be structurally altered in any manner, a new sign permit shall be required and the altered sign must meet all requirements of this article and this appendix.

(c)

Sign Permit Application and Issuance of Sign Permit.

(1)

A sign permit application shall be made upon a form provided by the county. The sign permit application is in addition to any building permit application required by the Florida Building Code. The sign permit application shall be accompanied by plans and specifications drawn to scale, together with any site plan required by this section or this article. The applicant shall furnish the following information on or with the sign permit application form:

a.

The block, lot and street address of the real property where the sign is proposed to be located.

b.

The zoning district for the real property on which the sign will be located.

c.

The name, mailing address and telephone number (where available) of the owner of the real property where the sign is proposed to be located.

d.

A notarized statement of authorization signed by the owner consenting to the placement of the proposed sign on the real property.

e.

The name, mailing address and telephone number of the sign contractor.

f.

Type of proposed sign (e.g., wall sign or freestanding sign).

g.

The proposed sign area.

h.

The cost of the proposed sign.

i.

If the proposed sign is a freestanding sign:

1.

The height of the proposed freestanding sign.

2.

The sign area of the freestanding sign, and the dimensions utilized to calculate the size.

3.

The distance between the closest existing freestanding sign and the proposed freestanding sign as measured in each direction along each abutting street or right-of-way.

4.

The location, height and area of any existing freestanding sign on the same lot where the proposed freestanding sign will be located.

5.

The front and side yard setbacks for the proposed signs greater than 32 square feet sign shall use metal frame and/or base in the building materials consistent with section 6.00.06.

j.

If the proposed sign is an attached sign, the building frontage for the building to which the attached sign shall be affixed.

k.

The number, type, location, and surface area for all existing signs on the same lot and/or building on which the sign will be located.

l.

Whether the proposed sign will be an illuminated or a non-illuminated sign.

(2)

An applicant shall deliver a sign permit application for a permanent sign to the county's code enforcement officer or building department official his designee, or such other person as designated by the county. The sign permit application shall be reviewed for a determination as to whether the proposed sign meets the applicable requirements of this article and any applicable zoning law. The review of the sign permit application shall be completed within ten business days from the date of receipt of the application, and the application shall be granted or denied within that time frame. In the event that no decision is rendered within ten calendar days following submission, the application shall be deemed denied. The application shall be deemed denied if the application is for a prohibited sign and the applicant may appeal to the board of county commissioners.

(d)

Fees.

(1)

Sign Permit Fees. Every person making an initial application for a sign permit shall pay a sign permit fee to the county at the time of the application. This sign permit fee shall be deemed a permit fee and shall be in accordance with the permit fee schedule.

(2)

Building Permit Fees Distinguished. The sign permit fee, if any, shall be separate and apart from any required fee for a building permit for the erection of a sign covered by the Florida Building Code.

(e)

Conditions.

(1)

Duration of Permit. If the work authorized under a sign permit has not been completed within 180 days after the date of issuance, the permit shall become null and void and a new application for a sign permit shall be required.

(2)

Maintenance of Signs.

a.

All visible portions of a sign and its supporting structure shall be maintained in a safe condition and neat appearance according to the following requirements:

1.

If the sign is lighted, all lights shall be maintained in working order and functioning in a safe manner.

2.

If the sign is painted, the painted surface shall be kept in good condition.

3.

Every sign shall be kept in such manner as to constitute a complete or whole sign.

b.

Lawfully erected nonconforming signs may suffer only ordinary and customary repairs and maintenance. A lawfully erected nonconforming sign shall not be structurally altered except in full conformance with this article.

(Ord. No. 2019-09, § 1(Exh. A), 8-27-2019)

(a)

Signs shall be illuminated only by steady, stationary, shielded light sources directed solely at the sign, or internal to it, without causing glare for motorists, pedestrians or neighboring premises.

(b)

Illuminated signs, including neon signs, shall not produce more than one footcandle per square foot of reflected or transmitted illumination four feet from the sign.

(Ord. No. 2019-09, § 1(Exh. A), 8-27-2019)

Notwithstanding anything contained in 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 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. 2019-09, § 1(Exh. A), 8-27-2019)

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. 2019-09, § 1(Exh. A), 8-27-2019)

Required setbacks for signs in all districts shall be measured from the property line to the nearest part of the sign.

(Ord. No. 2019-09, § 1(Exh. A), 8-27-2019)

Double-faced signs shall be permitted in all zones, provided the signs are designed and constructed such that the two sign faces are back to back with a maximum distance of 18 inches between the two sign faces and directionally oriented 180 degrees from each other. The maximum sign area allowed shall be permitted for each sign face, unless otherwise noted.

(Ord. No. 2019-09, § 1(Exh. A), 8-27-2019)

Temporary on-site special event signs shall be permitted in all districts, provided they have been approved by the code enforcement officer as meeting the following content-neutral criteria:

(1)

The signs are temporary signs for a limited time and frequency, limited to one per event;

(2)

The signs are for a special event as defined herein (see Special event sign in section 6.00.02);

(3)

The temporary signs will not exceed four square feet in sign area per side and three feet in height;

(4)

The temporary signs will not conceal or obstruct adjacent land uses or signs;

(5)

The temporary signs will not conflict with the principal permitted use of the site or adjoining sites;

(6)

The temporary signs will not interfere with, obstruct the vision of or distract motorists, bicyclists or pedestrians;

(7)

The temporary signs will be installed and maintained in a safe manner; and

(8)

The display of temporary signs for a special event shall not begin any earlier than 18 days before the event and shall be removed within three business days after the event.

Consistent with section 6.00.10, approval or disapproval shall not be based on the content of the message contained (i.e., the viewpoint expressed) on such signs. The code enforcement officer shall render a decision within ten business days after an application is made for such temporary signs. In the event that no decision is rendered within ten business days following submission, the application shall be deemed denied. The application shall be deemed denied if the application is for a prohibited sign and the applicant may appeal to the county planning review and development board and final authority resting with the board of county commissioners. Such a decision shall be deemed an administrative interpretation and any person adversely affected has the right to ultimately appeal the decision to the board of county commissioners, however, the appeal shall be accelerated and shall be heard by the board and determined within 30 days after the appeal is filed.

(Ord. No. 2019-09, § 1(Exh. A), 8-27-2019)

The regulations in this section apply in every district, except where otherwise specified or indicated. Sign permits are not required for the signs and sign types described and identified in this subsection.

(1)

Street Address Signs. For each parcel, residence or business, one street address sign may be displayed. For each residence, the street address sign shall not exceed two square feet in sign area unless required by applicable law. For each business or parcel in nonresidential use, the street address sign shall not exceed six square feet in sign area unless required by applicable law.

(2)

Nameplate or Occupant Identification Signs. For each residence, business or other occupancy, one nameplate sign may be displayed. For residences, the nameplate or occupant identification signs shall not exceed two square feet in sign area. For any nonresidential use, the nameplate or occupant identification sign shall not exceed six square feet in sign area.

(3)

Directional Signs. Noncommercial on-site directional signs, not exceeding four square feet in sign area, shall be allowed on each parcel.

(4)

Parking Space Signs. Noncommercial on-site parking space number signs, not exceeding one square foot of sign area, shall be for a noncommercial use having multiple parking spaces on site. One such sign shall be allowed for each parking space.

(5)

Free Expression Signs. For each parcel, one free expression sign not exceeding four square feet in sign area may be displayed. The free expression sign may be displayed as an attached sign or as a freestanding sign; if displayed as a freestanding sign, the freestanding sign shall not exceed three feet in height. A free expression sign is in addition to any other sign permitted under this section and is permitted in any zone. Only one such sign shall be permitted on each lot.

(6)

Election Signs. For each parcel, five election sign for each candidate and each issue may be displayed. An election sign may be displayed as an attached sign or as a freestanding sign. The election sign shall not exceed four square feet in sign area if located on a lot in a residential zone and shall not exceed 24 square feet in sign area if located on a lot in a nonresidential zone. If the election sign is displayed as a freestanding sign on the parcel, the election sign shall not exceed three feet in height.

(7)

Flagpoles. One flagpole is allowed for each parcel. A flagpole shall not exceed 40 feet in height in a nonresidential zone and 25 feet in height in a residential zone, and shall be subject to setbacks in the applicable zones in which it is located.

(8)

Flags. For each flagpole, two flags not greater than 48 square feet each in area may be displayed in a nonresidential zone, and not greater than 24 square feet each in area in a residential zone.

(9)

Warning Signs and Safety Signs. Warning signs and safety signs, not exceeding four square feet in sign area, shall be allowed in all zones.

(10)

Temporary Construction Signs. One temporary construction sign shall be allowed on a lot, subject to the following limitations:

a.

Number. For each lot, one temporary construction sign shall be permitted.

b.

Size and Height. For a lot in a residential district, a temporary construction sign shall not exceed four square feet in sign area and four feet in height, and, for a lot in a nonresidential district, a temporary construction sign shall not exceed 24 square feet in sign area and six feet in height.

c.

Setback. Temporary construction signs shall be set back from any lot line by at least five feet.

d.

Duration. Temporary construction signs shall be removed within seven days following the issuance of the certificate of occupancy or the expiration date of any applicable building permit, whichever shall first occur. If no permit is required, the temporary construction sign shall be displayed only until the work is completed.

(11)

Temporary Real Estate Signs.

a.

Number—Real Estate. One temporary real estate sign may be displayed on each parcel of land or part thereof that is for sale; however, when more than one dwelling unit or nonresidential space on a parcel of land is for sale, there may be one real estate sign for each such unit or space.

b.

Number—Rental Signs. One attached sign either affixed to the structure or displayed from the window that a property is for lease or for recurring short-term rental (less than six months and a day).

c.

Size and Height. For residential uses, the temporary real estate sign shall not exceed four square feet in sign area and four feet in height, and, for a nonresidential use, the temporary real estate sign shall not exceed 24 square feet in sign area and six feet in height.

d.

Setback. Temporary real estate signs shall be set back from any lot line by at least five feet.

e.

Duration. Temporary real estate signs shall be removed within seven days following the closing or settlement of a sale, lease or rental of the real estate that was offered for sale, lease, or rent.

(12)

Temporary Garage-Yard Sale Signs. For each parcel with a lawful residential use, a temporary garage-yard sale sign may be displayed, subject to the following limitations:

a.

Number. One temporary garage-yard sale sign may be displayed.

b.

Size and Height. A temporary garage-yard sale sign shall not exceed four square feet in sign area and four feet in height.

c.

Setback. A temporary garage-yard sale sign shall be setback from any lot line by at least five feet.

d.

Duration. A temporary garage-yard sale sign may not be displayed for a period longer than three days.

(13)

Temporary Window Signs. For each lot, one or more temporary window signs may be displayed. On lots that are in residential use, the temporary window sign shall not exceed an aggregate of three square feet in sign area. On lots that are in nonresidential use, the temporary window sign shall not exceed an aggregate of 24 square feet in sign area. Temporary window signs shall not cover more than 25 percent of any window surface.

(14)

Temporary Future Development Signs. A temporary future development sign shall be allowed in new subdivisions, subject to the following limitations:

a.

Number. No more than one such sign shall be allowed upon any property held in single and separate ownership.

b.

Size and Height. A temporary future development sign shall not exceed 24 square feet in sign surface area. A temporary future development sign shall not exceed six feet in height.

c.

Setback. A temporary future development sign shall be set back from any lot line by at least five feet.

d.

Duration. Temporary future development signs shall be removed within seven days after the last dwelling or parcel has been sold.

(15)

Sandwich Board Signs. In nonresidential zones, on a lot with a permitted use for a restaurant, a sandwich board sign may be displayed as follows:

a.

Number. No more than one such sign shall be allowed.

b.

Size and Height. A sandwich board sign shall not exceed 12 square feet in sign surface area per side. A sandwich board sign shall not exceed five feet in height.

c.

Setback. Sandwich board signs are allowed within 30 feet of the principal building for which the lot is used. Sandwich board signs are allowed on the sidewalk in front of the principal building for which the lot is used, provided that a minimum width of five feet of the sidewalk is still left open for pedestrian travel.

d.

Duration. Sandwich board signs are allowed only during the hours of operation of the use to which they pertain.

(16)

Government Signs on Public Property. The county may display temporary signs on public property that serve a public purpose, including temporary signs for special events in the form of banners. Such government signs shall not be subject to the size, number or height limitations that apply to special event signs displayed or posted by non-government entities. The county may erect, maintain, and display a bulletin board sign on public property for the display of messages of public interest subject to such criteria as the county may establish.

(Ord. No. 2019-09, § 1(Exh. A), 8-27-2019)

(a)

The code enforcement officer or building department official shall be the enforcing official of this article.

(b)

Whenever a temporary sign is erected or maintained in violation of this article, the code enforcement officer or code inspector may remove the same at any time without notice.

(c)

Whenever a temporary sign is erected or posted on public property in violation of this section, the same shall be considered litter and may be removed at any time.

(d)

Whenever a permanent sign is erected or maintained in violation of this article or any other provision of this Code, or whenever in the opinion of the code enforcement officer or code inspector in concurrence with the opinion of the building department official that any sign becomes unsafe of endangers the safety of a building or premises or the public safety, the code enforcement officer shall send a letter by certified mail to the owner of said sign and/or the owner of the premises on which the sign is located, ordering that such sign be brought into conformance or removed within 30 days of receipt of the letter or such other reasonable period of time as the code enforcement officer may determine to be appropriate to the circumstances. If the sign is not brought into conformity or removed by the end of the 30-day period, the code enforcement officer may cause the same to be removed at the expense of the owner of the sign and the owner of the premises on which the sign is located. In addition and in consultation with the county attorney, the code enforcement officer shall be authorized to pursue such other remedies as are available or appropriate to the circumstances, and the description of the foregoing remedies are not exclusive and are in addition to such other remedies as are available under the law.

(e)

The code enforcement officer or building department official may cause any sign or sign structure to be removed summarily and without written notice at the expense of the owner of the sign and the owner of the premises on which the sign is located, if it is an immediate peril to persons or property by virtue of its construction or moorings.

(f)

Fines. The county commission is authorized to enforce this article and may follow the established procedures and schedule of violations and penalties set forth below to be assessed by county code enforcement officials and in accordance with F.S. § 125.69:

(1)

In the initial stages and implementation of this article, code enforcement officials may provide violators with no more than one written warning.

(2)

The county shall have resource to such civil and criminal remedies in law and equity as may be necessary to ensure compliance with the provisions of this article, including, but not limited to, injunctive relief to rejoin and restrain any person from violating the provisions of this article and to recover such damages as may be incurred by the implementation of specific corrective actions.

(Ord. No. 2019-09, § 1(Exh. A), 8-27-2019)

Whenever it is alleged that there has been an error in any order, action, decision, determination, or requirement by an administrative official in the enforcement and application of any provision contained within this article (including any allegation that an administrative official has failed to act within applicable time frames), the aggrieved party shall file a written appeal or request of hearing before the county planning development and review board for review and recommendation to the board of county commissioners. The appellate decisions of the board of county commissioners shall be deemed final, subject to judicial review as provided by law.

(Ord. No. 2019-09, § 1(Exh. A), 8-27-2019)

Any person, firm or corporation who shall violate, disobey, omit, neglect or refuse to comply with any provision of this article shall be liable to all of the penalties set forth in this appendix and section 1-7.

(Ord. No. 2019-09, § 1(Exh. A), 8-27-2019)

Any permit issued prior to the effective date of the adoption of the sign regulations that comprise this section shall remain valid until the earlier of:

(1)

The date that said permit expires by its own terms; or

(2)

Ninety days after the effective date of the adoption of the ordinance from which this article is derived.

(Ord. No. 2019-09, § 1(Exh. A), 8-27-2019)

(a)

Generally; Severability Where Less Speech Results. If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this article is declared or held to be invalid or unconstitutional by any court of competent jurisdiction, such declaration or holding shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this article, even if such severability would result in less speech, whether by subjecting previously exempt signs to this article's permitting requirements, or otherwise.

(b)

Severability of Provisions Pertaining to Billboards and Other Prohibited Signs and Sign-Types. Without diminishing or limiting in any way the declaration of severability set forth above or elsewhere in this article, this Code or in any adopting ordinance, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this article or any other law is declared or held to be unconstitutional or invalid by any court of competent jurisdiction, such declaration or holding shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this article that pertains to prohibited signs, including specifically the prohibition on billboards and those signs and sign types prohibited and not allowed under section 6.00.04.

(Ord. No. 2019-09, § 1(Exh. A), 8-27-2019)