It shall be the purpose of this article to promote the aesthetics, safety and general welfare of the town, and to avoid visual clutter that is potentially harmful to traffic and pedestrian safety, property values, business opportunities and community appearance, by regulating the construction, repair, alteration, location, size, erection, posting, displaying, use and maintenance of signs.

(1)

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

(2)

Maintenance. All signs, including their supports, braces, guys and anchors, electrical parts and lighting fixtures, and all painted and display areas, shall be maintained in accordance with the building and electrical codes adopted by the town, and shall present a neat and clean appearance. The vegetation around, in front of, behind, and underneath the base of ground signs for a distance of ten feet shall be neatly trimmed and free of unsightly weeds, and no rubbish or debris shall be permitted under or near the sign.

(Ord. of 11-30-92, § 8.00.00; Ord. No. 137, § 2, 11-14-01)

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

(1)

Address signs: Street number signs that are no more than two square feet per sign face and have no more than two sign faces (total area of four square feet) per principal building or use on a property. Two single-faced signs or one double-faced sign shall be permitted.

(2)

Banner: Two banners 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 ten square feet.

(3)

Houses of Worship: A freestanding sign, either nonilluminated or illuminated, no closer than ten feet to the right-of-way, not exceeding 24 square feet per sign face and a total of two sign faces (total area of 48 square feet) and not exceeding six feet in overall height, from grade, provided that such sign is shielded so that the source of light is not visible from any abutting residence. Two single-faced signs or one double-faced sign shall be permitted.

(4)

Directional, informational signs: Two single-faced or one double-faced sign per property shall be permitted for directional, informational purposes. The signs shall not exceed four square feet per sign face for a total area of eight square feet and shall not exceed six feet in overall height from grade.

(5)

Flags: The flying of individual flags, no larger than 50 square feet each, limited to a total of three in number are allowed per business or residence. No business shall have more than three flag poles and no residence shall have more than one flag pole, nor shall any individual flag pole exceed 25 feet in height.

(6)

Government agencies' signs: Signs of a duly constituted governmental body, including traffic or similar regulatory devices, legal notices or railroad crossings and signs required to be maintained by law and government order, rule or regulation, and memorial signs or tablets erected and authorized by a duly constituted governmental body.

(7)

Political signs: Must be removed by the person posting same within 15 days after the election to which the sign pertains. If the signs are not timely removed, such matter may be referred to the Code Enforcement Board or removed and disposed of by the town in accordance with section 28-146(7).

(8)

Real estate signs:

a.

Residential:

1.

Signs shall be installed only with the consent of the owner of the property and must be nonilluminated.

2.

Signs shall relate only to the premises upon which the sign is located.

3.

Signs shall only convey instructions with respect to sale, rental or lease of a lot, premises, dwelling structure or combination thereof.

4.

Signs shall be a maximum of four square feet per sign face, and a total of two sign faces (total area of eight square feet), not exceeding four feet in overall height from grade.

5.

Two single-faced signs or one double-faced sign is permitted per each street frontage on which the premises abut.

b.

Commercial:

1.

Signs are allowed only in CG, COI, CS and CM zoning districts.

2.

Signs shall relate only to the premises upon which the sign is located and be for sales, rental or leasing purposes.

3.

Such signs shall be nonilluminated, not to exceed 32 square feet per sign face and a total of two sign faces (total area of 64 square feet), and if freestanding, shall not exceed 12 feet in overall height from grade. Two single-faced signs or one double-faced sign shall be permitted.

(9)

Vehicle tow-away signs: Must be posted in accordance with F.S. § 715.07.

(10)

Open house signs:

a.

On-premises: On premises open house signs shall comply with the requirements of subsection (8) above.

b.

Off-premises:

1.

An open house sign may be placed on common property owned by a property or homeowner's association with the association's consent. If no such common property exists, an open house sign may be placed on property owned by a third party with the property owner's consent.

2.

An off-premises open house sign shall consist only of the prototypical open house sign approved by the mayor.

3.

Only one open house sign shall be permitted for each development. For the purposes of this section, "development" shall mean: (i) any multi-family or townhome project sharing a common name or governed by a master association; (ii) the Hypoluxo Point (a/k/a Hypoluxo Park) subdivision; or (iii) the Hypoluxo Shores (a/k/a Park Lane East) subdivision.

4.

An open house sign shall be a maximum of two square feet per sign face and a total of two sign faces (total area of four square feet), not exceeding three feet in total height from grade.

5.

An open house sign shall be displayed only during an open house event and only between the hours of noon and 6:00 p.m. on Saturdays, Sundays and legal holidays observed by the town.

6.

Open house signs shall not impede clear sight distance at intersections; obstruct roadways, sidewalks, or pedestrian walkways; or otherwise create a safety hazard.

(Ord. of 11-30-92, § 8.01.00; Ord. No. 137, § 2, 11-14-01; Ord. No. 169, § 2, 3-19-08; Ord. No. 171, § 2, 10-15-08)

(a)

Generally. It shall be unlawful to erect, post, cause to be erected or posted, maintain or cause to be maintained, any sign not expressly authorized by, or exempt from, this code.

(b)

Specifically. The following signs are expressly prohibited unless exempted or expressly authorized by this code:

(1)

Signs that are in violation of the building code or electrical code adopted by the town.

(2)

Any sign that, in the opinion of the building department, does or will constitute a safety hazard.

(3)

Any sign that may reasonably be confused with, construed as, or conceal a traffic control device.

(4)

Motion picture mechanisms in conjunction with any outdoor advertising structure, or advertising statuary used in such a manner as to permit or allow the images to be visible from any public street or sidewalk.

(5)

Signs which produce noise or sounds capable of being heard even though the sounds produced are not understandable.

(6)

Signs which emit visible smoke, vapor, particles or odor.

(7)

Any sign which involves motion or rotation of any part of the sign structure or sign face, or any sign structure or sign face using intermittent lights, animation or automatically changed copy or design, except a time and temperature unit as a part of a permitted sign.

(8)

Signs or other advertising matter as regulated by this code erected at the intersection of any street or in any street right-of-way in such a manner as to obstruct the free and clear vision of vehicular traffic or pedestrians.

(9)

Signs which obstruct any ingress to or egress from a required door, window, fire escape or other required exitway or easement.

(10)

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

(11)

Twirling A-type, balloons or other air- or gas-filled figures and blank copy signs.

(12)

Vehicle signs, but not including signs used in the ordinary course of business travel.

(13)

Outdoor advertising of any kind or character where any live animal or human being is used as part of the advertising and is visible from any public street or public place.

(14)

Any snipe sign.

(15)

A swinging sign.

(16)

Sidewalks, curb, sandwich, A-frame and portable signs.

(17)

Flags, banners and streamers, except as permitted for special events in section 28-144(7) or except as exempt, see section 28-142.

(18)

Off-premises signs.

(19)

Roof signs, except those that are located between the ridge and drip edge; for size requirements, see section 28-144(11).

(20)

Home occupation nameplates or signs.

(21)

Window signs, except as permitted in section 28-144(5).

(22)

Projecting signs, but not including awnings, canopies, or marquees.

(Ord. of 11-30-92, § 8.02.00)

The following special signs are permitted, subject to the provisions of this section and other applicable provisions of this Code and the applicable adopted building codes.

(1)

Development signs, temporary

a.

Areas under development, including but not limited to commercial developments, apartments, condominiums and extensive platted or unplatted land shall be permitted two temporary nonilluminated signs, each sign not to exceed 60 square feet per sign face and a total of two sign faces (total area of 120 square feet and an overall height of 10 feet from grade). Two single-faced or one double-faced sign shall be permitted and shall be located on the premises being developed.

b.

All signs allowed hereunder shall not be erected prior to ten days from the date of the beginning of actual construction and shall be removed when 90 percent of the residential units and/or 90 percent of the leasable or salable floor area of the development is sold, rented or leased to any person other than the original developer. All signs must be removed from the premises within 30 days of the date on which the project under development meets the above criteria; failure to so remove the signs shall subject the signs to removal as per section 28-146(7).

(2)

Directional, informational signs. See exempt signs, section 28-142.

(3)

Directory signs.

a.

A directory sign may be attached to or be part of a freestanding sign permitted by this article; the total sign area shall be included in the freestanding sign allowable area which shall be calculated in accordance with section 28-145(3)b.

b.

A directory sign may be permitted in CG, COI, CS and CM districts on premises within a commercial center for pedestrian or vehicular directional purposes; provided, however, that such sign conforms to the following:

1.

The sign shall not be located within five feet of any public right-of-way line and may not create or pose a hazard to public safety.

2.

A single business or activity shall be limited to four square feet per individual sign face and a total of two sign faces (total area of eight square feet). Two single-faced or one double-faced sign shall be permitted.

3.

The total directory sign face shall not exceed a total of 24 square feet in area.

4.

The directory sign shall not exceed eight feet in overall height from grade.

5.

The sign may be illuminated.

(4)

Window signs. A permanent window sign, including neon, which identifies the business or activity by name or symbol, or states the word "open" shall be permitted in the CG, COI, CS and CM zoning districts, subject to the following provisions:

a.

The sign shall not exceed a total area equal to ten percent of the window glass area on which it is located.

b.

The sign area for a window sign shall be included in the total sign area allowable for the particular occupancy or activity utilizing such sign and shall be calculated in accordance with section 28-145(3)a.

c.

One window sign shall be permitted for each occupancy for each premises which is permitted a sign by this article.

(5)

Subdivision entrance signs. A nonilluminated or illuminated subdivision entrance sign shall be permitted in RS, RM, RH and PUD zoning districts, provided that either free standing or placed on the face of an entrance wall to the subdivision or residential complex. The sign shall not exceed 60 square feet per sign face and a total of two sign faces (total area of 120 square feet) and, if free standing, the sign shall not exceed an overall height from grade of 10 feet.

(6)

Special (temporary) event signs, banners, and directional signs.

a.

Two signs or one banner notifying the public of a special event may be permitted on the premises of the event.

Special event signs or banners shall be erected not more than five days prior to the scheduled date of the event and shall be removed within five days after the schedule event ends.

1.

Special event signs shall not exceed 25 square feet per sign space. A double-faced sign (two sign faces) shall not exceed a total area of 50 square feet, and the overall height from grade shall not exceed six feet. Two single-faced or one double-faced sign shall be permitted.

2.

Special event banners shall not exceed 50 square feet in area and shall have prior approval of the Town Council.

b.

Special event directional signs shall not exceed four square feet per sign face. A double-faced sign (two sign faces) shall not exceed a total area of eight square feet, and shall not exceed four feet in overall height from grade, if freestanding. Two single-faced signs or one double-faced sign shall be permitted.

Special event directional signs shall be erected not more than five days prior to the scheduled date of the event and shall be removed within five days after the scheduled event ends.

c.

For the purposes of this section, a special event means a temporary event approved by the Town pursuant to section 28-123(b) which may occur for one or more days, including but limited to outdoor festivals, craft shows, carnivals and similar outdoor amusements, plant sales, parades on public rights-of-way, seasonal sales of merchandise including, but not limited to, fireworks and Christmas trees, concerts, and any other event open to and expected to attract both residents and non-residents.

(7)

Town civic directory signs. The Town Council 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 civic institutional names, churches and points of interest. Civic organizations and churches may be permitted to place their insignias thereon.

(8)

Political signs. See exempt signs, section 28-142.

(9)

Roof signs. Roof signs are allowed only in nonresidential zoning districts and only if located between the ridge and drip edge. The sign area utilized for a roof sign, if any, shall be included in the total combined allowable sign area which shall be calculated in accordance with section 28-145(3).

(Ord. of 11-30-92, § 8.03.00; Ord. No. 137, § 2, 11-14-01)

The following regulations apply to all residential and commercial land and utility use districts as set forth below:

(1)

All residential district signs.

a.

Real estate signs, residential. No permit required. See exempt signs, section 28-142.

b.

Identification signs in residential single-family zoning district. In the RS zoning district, one nonilluminated sign shall be allowed to identify the property address, which sign shall not exceed three square feet per sign face and a total of two sign faces (total area of six square feet). The sign shall not exceed four feet in overall height from grade if the sign is a freestanding sign.

c.

Identification signs in residential medium and high density zoning districts.

1.

In RM, RH and PUD districts, one flat sign will be allowed, not to exceed 24 square feet, identifying the property, provided the top of the sign shall not exceed an overall height from grade of 12 feet and shall not project more than 12 inches from surface of the building.

2.

One freestanding sign identifying the premises may be permitted in lieu of a flat sign, provided it does not exceed 24 square feet per sign face and a total of two sign faces (total area of 48 square feet), and provided it does not exceed six feet in overall height from grade, and is not closer than ten feet from the public right-of-way. Two single-faced signs or one double-faced sign shall be permitted.

d.

No signs shall be allowed in residential zoning districts other than those set forth in subsections (1)a. and (1)b. unless they are classified as "exempt" signs in accordance with section 28-142, or as a "subdivision entrance sign" in accordance with section 28-144(6).

(2)

Nonresidential districts signs.

a.

Real estate signs, commercial. No permit required. See exempt signs, section 28-142.

(3)

Multioccupancy or single-building commercial signs in the CG, COI, CS and CM zoning districts.

a.

The total combined sign area permitted per business location based on business frontage for all multioccupancy or single-occupancy buildings, shall be as follows:

No signs in the COI, CS, CG and CM zoning districts shall be allowed to face a residential zoning district unless approved by the Town Council.

b.

One freestanding sign identifying a group of occupants or a single building shall be allowed in the CG, CS, CM and COI zoning districts in addition to the total combined sign area allowed above; the requirements of which shall be as follows:

1.

Must be located at least five feet from a street right-of-way.

2.

One sign is permitted not to exceed 96 square feet per sign face and a total of two sign faces (total area of 192 square feet).

3.

May not exceed 18 feet in overall height from grade.

4.

Two single-faced signs or one double-faced sign shall be permitted.

(4)

Utility district signs. Signs allowed in the Utility district shall conform to the same regulations as provided in subsection (3) above with following two additional regulations:

a.

No signs are allowed on the water storage tanks;

b.

All signs existing on any property zoned "U" Utility as of June 10, 1998, shall be deemed conforming signs and shall be permitted to be replaced if damaged or destroyed.

(Ord. of 11-30-92, § 8.04.00; Ord. No. 108, § 4, 6-10-98)

All signs erected in the town shall comply with the following requirements.

(1)

Construction standards. Each sign shall be constructed in accordance with the Standard Building Code. Generally, every sign shall be strongly constructed and anchored in a secure and substantial manner to withstand a wind pressure of not less than 50 pounds per square foot. All electrical materials used in constructing illuminated signs shall be approved by Fire Underwriters. All signs shall be located so as to provide adequate vehicular clearance and appropriate site distance requirements. All painted signs shall be professionally painted.

(2)

Signs required to be certified by registered engineer. The following signs shall be signed and certified by a state-registered engineer, who shall submit sufficient data to enable the building inspector to determine whether the sign complies with the building code adopted by the town.

a.

Permitted awnings, canopies and marquees.

b.

All signs with unusual structural features.

(3)

Licensed sign contractor required. It shall be unlawful for any person to engage in the business of signage or outdoor advertising, or in the business of erecting or maintaining signs within the town, unless and until such person is a licensed sign contractor.

(4)

Labels required on signs.

a.

Every sign hereafter erected, constructed, painted or maintained shall be plainly marked with the name of the person, firm or corporation erecting, painting and maintaining such sign, and shall have affixed on the front thereof the number of the permit issued for such sign by the building official.

b.

Upon issuance of a sign permit to the sign contractor, the building official or Town Clerk shall issue a permit tag, showing the number of the permit, which, at the time the sign is erected, must be attached to the sign so that it can be clearly seen.

c.

The absence of such permit tag shall be prima facie evidence that the sign or advertising structure is being operated in violation of the provisions of this Code.

(5)

Inspections. Prior to erection of any ground sign or placing concrete for any ground sign base, a request for inspection shall have been registered with the building official 24 hours prior to the requested inspection time. The sign contractor shall have the approved plans on the job site and available to the inspector. The contractor shall request final inspection of all signs.

(6)

Reinspection of all signs. The building official shall cause to be inspected as deemed necessary each sign or advertising structure regulated by this code for the purpose of ascertaining if it is in compliance with this code. An inspection fee, the amount of which shall be set by resolution of the Town Council, will be paid by the owner of the sign for such inspection, but no more than one inspection fee shall be charged for any sign during a 12-month period.

(7)

Removal and disposition of certain signs; penalties.

a.

It shall be unlawful to erect, use or maintain a sign or sign structure when it does not comply with the requirements of this article. Violations of this article may be cited to the town Code Enforcement Board which could subject the violator to a fine of up to $250.00 per day. Additionally, the town may enforce its codes by any lawful means available. The town is authorized to remove certain unlawful signs and sign structures pursuant to the provisions of subsection (7)b. of this section.

b.

Banners, flags, project signs, real estate signs, political signs left after the time allowed, sidewalk, curb, A-frame or sandwich signs, snipe signs and special event signs and other temporary signs in violation of the provisions of this article are subject to removal pursuant to this section.

1.

The Town Council finds that, in view of the inexpensive nature of these signs and the administrative burden which would be imposed by elaborate procedural prerequisites prior to removal, any procedure other than summary removal of these signs when unlawfully erected and maintained would defeat the purpose of regulating such signs. Therefore, the building official is hereby authorized summarily to remove such signs when unlawfully erected and maintained, subject to the provisions contained in subsection (7)b.2. of this section.

2.

After summary removal of a sign pursuant to this section, the Town Clerk shall notify, either in person or by first class postage, prepaid, the occupant of the property from which the sign was removed, and if the sign identifies a party other than the occupant of the property, the party so identified. The notice shall advise that the sign has been removed and shall state that the sign may be retrieved within 30 days of the date of the notice, and that, if the sign is not retrieved within 30 days, it will be disposed of by the town. If the sign is removed from public property, the party, if any, identified on the sign shall be notified; if no party is identified on the sign, then no notice prior to disposition is required. The town shall dispose of all unclaimed signs after the expiration of the 30-day period.

c.

Signs and sign structures not subject to removal pursuant to subsection (7)b. of this section which are or have been erected or maintained unlawfully may be referred to the Mayor for appropriate action, or the town may proceed to pursue all remedies available at law or equity.

d.

Should any sign become insecure or in danger of falling or otherwise unsafe in the opinion of the building inspector, the owner thereof, or the person or firms maintaining the same shall (upon written notice from the town Mayor) forthwith secure the same in a manner to be approved by the building inspector, in conformity with the provisions of this Code, or remove such signs. If such order is not complied with, the town Mayor shall order the removal of such sign at the expense of the owner or lessee thereof. In the case of imminent danger, the town Mayor shall cause the sign to be removed.

e.

When a business or service is discontinued, all signs and sign structures relating to this business or service shall be removed within ten days from the date of discontinuance. Failure to so remove such a sign shall subject the sign to removal and disposition pursuant to the provisions of this article.

(Ord. of 11-30-92, §§ 8.05.00—8.05.07; Ord. No. 137, § 2, 11-14-01)

(a)

A sign or sign structure in compliance with this article when permitted or constructed which does not comply with subsequent amendments to these regulations shall be permitted to remain in existence as a legal nonconforming sign or sign structure.

(b)

A nonconforming sign or sign structure may continue so long as it remains consistent with all other applicable land development regulations. However, a nonconforming sign or sign structure that is destroyed or is allowed to deteriorate in excess of 50 percent of the depreciated value of the sign or sign structure may not be replaced. A nonconforming sign or sign structure shall not be relocated or moved in whole or part to any other portion of the lot or parcel upon which it is located and may not be expanded, enlarged or altered in any way that increases its nonconformity.

(c)

The status afforded signs 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.

(d)

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

(Ord. of 11-30-92, § 8.05.08; Ord. No. 137, § 2, 11-14-01)

Recognizing that the strict application of the requirements of this article may work an undue hardship on certain applicants, variances from the strict application of the provisions of this article may be granted by the Board of Adjustment in accordance with the provisions of section 28-208 of this Code; however, no variance shall be granted by the Board of Adjustment which has the effect of permitting a sign or sign structure expressly prohibited by this article.

(Ord. of 11-30-92, § 8.05.09)

(a)

Permits and licenses required for signs.

(1)

No sign or sign structure shall be hereinafter erected, altered, displayed or 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, the amount of which shall be set by resolution of the Town Council.

(2)

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

(b)

Application and conditions for sign permits.

(1)

Application for permit.

a.

No sign shall be permitted upon property other than property owned by the applicant for such permit.

b.

No sign shall be permitted which relates to any business enterprise or establishment not located upon the property upon which the sign is located.

c.

Applications shall be filed by the applicant, or his agent, in the office of the building official upon forms furnished by the town. Such application shall contain or have attached thereto the following information:

1.

Name, address, telephone number and signature of the owner of the premises requesting permit 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 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 signs as proposed on a building facade, awning or canopy; provided, further, that the relationship to other existing adjacent signs shall be shown. In the case of a freestanding sign, these sketches shall include a site plan showing the sign location and any existing or proposed landscaping or other site details which are affected by such sign.

7.

Copy of stress sheets and calculations indicating that the sign is properly designed for dead load and wind pressure in any direction, as required by the Standard Building Code. This requirement may be waived by the building official upon determining that the sign for which application is made is of such nature as not to warrant furnishing the information required hereunder.

8.

Such other information as the building official may require which is necessary to secure full compliance with all applicable codes contained in the town's Code of Ordinances.

(2)

Conditions for permit issuance.

a.

The building inspector shall act upon an application for a permit with plans as filed, or as amended, without unreasonable or unnecessary delay. A permit issued shall be construed to be a license to proceed with the work and shall not be construed as authority to violate, cancel, alter, or set aside any of the provisions of this Code or any other regulations of the town. Any permit issued shall become invalid unless the work authorized by it shall have been commenced within 90 days after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of six months after the time the work is commenced.

b.

Suspension or abandonment of the work will be considered to have taken place when a period of six months elapses between required scheduled inspections. A permit may be revalidated for a period of 90 days when just cause is given upon the payment of a fee of 50 percent of the original fee. No permit fees shall be refunded.

c.

Failure to obtain a final satisfactory inspection within the permit period, or any renewal, shall render the permit invalid and the applicant shall be required to reapply for a permit or remove the sign or sign structure.

(3)

Issuance of a permit.

a.

Provided the application complied with this code and other applicable codes and regulations, the building official shall issue a permit for each such sign, retaining a copy thereof and a copy of plans of such sign for his records.

b.

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. of 11-30-92, § 8.06.00)

(a)

Notwithstanding anything in this article to the contrary, any sign erected pursuant to the provisions of this article may, at the option of the applicant, contain either a non-commercial message unrelated to the business on the premises where the sign is erected or a commercial message related to the business and located on the business premises.

(b)

The non-commercial message may occupy the entire sign face or portion thereof. The sign face may be changed from commercial to non-commercial messages as frequently as desired by the owner of the sign providing each of the following requirements is met:

(1)

The size and design criteria conform to the applicable portions of this article;

(2)

The sign is permitted by this article;

(3)

The sign conforms to the requirements of the applicable zoning designation; and

(4)

The applicant obtains all appropriate permits.

(c)

For purposes of this article, non-commercial messages shall never be deemed off-premises signs.

(Ord. No. 137, § 2, 11-14-01)