Indialantic City Zoning Code

ARTICLE V

- SIGNS2

Footnotes:

--- (2) ---

State Law reference— Sign regulations required, F.S. § 163.3202(2)(f).

Sec. 113-301.- Signs.

(a)

Generally. This article shall be known as the "Indialantic Sign Ordinance" and may be cited as "the sign code." Its intent is to make it possible to erect adequate, yet decorous, identifying signs. This article accomplishes that goal. This article is enforceable under section 1-9. Violators will receive written notification from the code enforcement officer, requesting compliance within a specified time. Noncompliance by that time will result in the issuance of a written notice of hearing before the code enforcement board which has the authority to levy substantial daily penalties.

(b)

Purpose. It is the intent of this article to promote and protect the public health, safety, general welfare and aesthetics of the town by regulating the existing and proposed posting, display, erection, use and maintenance of signs and advertising structures within the town. Signs placed on land or on a building for identification or advertising shall be deemed to be accessory and incidental to subject land, building or use.

(1)

It is hereby recognized that regulation of location, size, placement, and certain features of signs is necessary to enable the public to locate goods, services and facilities, without difficulty and confusion, and to prevent wasteful use of natural resources in competition among businesses for attention. It is specifically intended to avoid excessive proliferation and clutter among such competing businesses.

(2)

It is further intended to prevent hazards to life and property and to assure the continued attractiveness of the community, to protect property values, to create a more attractive economic and business climate, to enhance and protect the physical appearance of the community, and to preserve the scenic natural beauty of the town.

(3)

It is further determined that signs which may lawfully be erected and maintained under the provisions of this article are consistent with customary usage. Signs which may not lawfully be erected or maintained under the provisions hereof are not consistent with customary usage and are an unwarranted invasion of the rights of legitimate business interests and of the public.

(c)

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

Attached sign means a removable sign attached to the building to which it is related.

Awning means a roof-like cover, securely fastened on one side or end to a building, and the balance of which extends over or before a place (as over walkway or before a window) as a shelter and whose bottom edge is at least seven feet above the highest grade level beneath it.

Awning sign means a sign which is suspended from, attached to, applied to, or forms any part of any awning or canopy, and which does not extend beyond the limits of the awning either horizontally or vertically.

Banner means any advertising device, composed primarily of paper, fabric or other material, supported by wire, rope or similar means, including decorative streamers, with or without lettering thereon.

Building means any structure constructed or used for residence, business, industry or other public or private purposes, or accessory thereto, and including tents, lunch wagons, dining cars, trailers, mobile homes, sheds, garages, accessory buildings, carports, animal kennels, and similar structures whether stationary or movable.

Business area means a defined area, consisting of at least 240 square feet, either on a plot of land or in a building such as a store or office, which is owned or rented by an occupant and used for other than residential purposes.

Canopy means a covering over a walkway extending from a building wall.

Changeable copy sign means a sign on which the message copy changes more often than at least once every 180 consecutive days either automatically through electrical, electronic, or electrical mechanical means, or is changed by other means, such as manually, physically by hand in the field through the utilization of attached letters, numbers, symbols, and other similar characters or changeable pictorial panels. Changeable copy signs deliver two or more messages. A sign copy structure which changes messages not less often than once every 180 or more consecutive days shall not be defined as a changeable copy sign.

Construction sign means a sign, placed on the property of a construction project, listing names of the people or firms engaged in the project.

Convenience store means a retail establishment that stocks limited quantities of popular items such as milk, bread, etc., and usually is open for business earlier and later than other stores.

Detached sign means a sign which is attached to and supported by mountings other than the structure itself to which it is related.

Directional sign means:

(1)

A sign, consisting of three or less words, which may have an arrow, placed beside a roadway to point the direction to a place or building;

(2)

Off-premises sign of a temporary nature to direct the public to a special event or function.

Electronic changeable copy sign means an electronic digital changeable copy sign, controlled by a computer or other device, capable of illuminating from within either changeable digital text messages, photos, and/or video images static or in full motion.

Flashing light means illumination produced by any type of source which turns on and off, or appears to turn on and off, at a rate other than that rate used by street lights.

Illuminated sign. Types of illuminated signs include the following:

(1)

Externally illuminated means any sign which reflects light from a source that is intentionally directed upon the sign;

(2)

Internally illuminated means any sign designed to provide artificial light through translucent material from a light source within the sign concealed from exterior view.

Light source means any manmade product which produces illumination.

Manual changeable copy sign means a changeable copy sign by which the sign copy, usually consisting of letters, numbers, or symbols, is changed manually, physically by hand, in the sign copy field through the utilization of attached letters, numbers, symbols, and other similar characters or changeable pictorial panels.

Marquee sign means an identification placard or board mounted on a permanent roof-like projection over the entry to a building.

Mobile or portable sign means any visual advertising, identification or informational device or placard which is readily movable.

Mural means a mural is a type of sign which consists of a painting or artistic work composed of pictures or arrangements of color. Murals are applied to and made integral with a wall or ceiling surface.

Nonconforming sign means a sign or sign structure which does not conform to the requirements of this article.

Occupant means one who is in possession of a premises under title, lease or other rental plan.

Off-premises sign means a commercial sign advertising a business, person, activity, goods, products, or services not located on the site where the sign is installed, or that directs persons to any location not on that site.

On-premises sign means a commercial activity sign advertising a business, person, activity, goods, products, or services located on the site where the sign is installed, or that directs persons to any location on that site.

Painted wall sign means any sign painted directly on any exterior building wall or door surface.

Permanent window sign means any sign which is painted, applied or attached on the interior or exterior surface of windows or doors, or any sign which is three-dimensional in character and is affixed with screws, bolts, nails, etc., to the interior surface of the window or door.

Perpendicular means being at right angles to, and projecting outward from, the exterior wall of a building or structure.

Placard means a notice posted in a public place.

Political sign means a sign concerning candidacy for public office or urging action on any ballot issue in a forthcoming election.

Real estate sign means a temporary sign erected by the owner or agent advertising the real property upon which the sign is located for rent, for lease, for sale, or open house.

Rider sign means a small sign bearing a word or short phrase to be attached above or below a real estate sign.

Roof overhang or underhang signs mean signs which project from the roof line that abut or nearly abut a building, to identify the various businesses in the building.

Roof sign means a sign erected over or on, and wholly or partially dependent upon, the roof of any building for support, or attached to the roof above the eave line in any way.

Sign means every ground sign, mural, wall sign, flag, banner, pennant, balloon, temporary sign, marquee, awning sign, announcement, declaration, figure, writing, graphic or pictorial presentation, number, illustration, figure, insignia, symbol, picture, painted wall sign, drawing or three-dimensional figure, which is used to announce, display, direct attention to, or otherwise make anything known, when the same is placed out-of-doors in view of the general public or designed to be viewed from public rights-of-way, alleys, other public property, and/or the areas visible to the public.

Structure means anything constructed or erected which requires location on the ground or attached to something having location on the ground, including signs and billboards, but not including fences or walls used as fences.

Temporary sign means a sign whose uses are limited to political, real estate, construction, garage sales and directional purposes.

Transient sign means a sign made of paper, cardboard or particle board placed on the inside of windows and doors.

Window sign means any sign which is painted on, applied to, attached to, or projected upon or within the interior or exterior of a window area, including doors.

(d)

Building identification. Letters or numbers, or both, placed on a building to designate the name of the building are permitted and are not to be considered an occupant's sign. Said name and numbers are not to exceed nine square feet.

(e)

Permits.

(1)

Permit required. Any person or firm intending to construct, erect, alter, change colors, install, replace, or relocate any sign on any building, structure, awning, lot or right-of-way within any zoning district shall first obtain a sign permit from the building official.

(2)

Permit waived. Permits are not required for those temporary signs that are specifically authorized in section 113-304(1) through (5). Temporary signs are limited in the number that may be used and will be supervised by the town's code enforcement officer and the police department. They are: Construction signs, real estate signs, garage sale signs, directional signs, and political signs. However, no such signs shall be placed on any tree or utility pole.

(3)

Permit fees. Application, initial inspection and square footage fees are required for all signs, with the exception of subsection (e) of this section. A fee schedule may be obtained at the town hall.

(4)

Penalty fee. Double the usual fees may be assessed for signs that are or have been erected prior to receiving an official sign permit from the town.

(5)

Fees waived. Sign permits or fees are not required for the replacement signs which are the exact duplicates of signs damaged during a town council declared "natural disaster." Application, inspection and square footage fees are not required in cases of minor alterations, such as changes in color, provided a permit is obtained from the building official prior to work commencing.

(Code 1993, § 17-106; Ord. No. 84-344, § 4, 3-20-1984; Ord. No. 84-349, § 1, 6-19-1984; Ord. No. 91-9, § 1, 1-15-1991; Ord. No. 97-6, § 4, 5-6-1997; Ord. No. 04-08, § 1, 4-20-2004; Ord. No. 10-10, § 1, 8-17-2010; Ord. No. 14-10, § 17, 7-15-2014; Ord. No. 14-10, § 2, 7-15-2014; Ord. No. 2024-06, § 2, 7-10-2024)

Sec. 113-302. - Sign plan and construction standards.

(a)

Plan required. Applications for permits shall be accompanied by a dimensioned plan, sketch or scale drawing clearly showing the proposed sign with lettering superimposed thereon in correct proportion and type style and with notation of the type of materials and lettering. A dimensioned plan, sketch or scale drawing shall be furnished, clearly showing the proposed location of the sign, either on a plot plan for a detached sign, or on an elevation drawing of the building for an attached or painted sign. Locations and types of lighting shall be given.

(b)

Construction standards. All signs must be aesthetically pleasing, artistically created, and of professional quality. All signs must be designed, constructed and maintained in accordance with the state building code. All signs shall be able to withstand the force of 130 miles per hour wind. The top of all poles, on which signs are mounted, shall not be above the top horizontal edge of the sign unless the poles are part of the design of the sign.

(c)

Lighting. The source of light of illuminated signs or illumination in shop windows, display windows and displays, in or upon any land or ground, building or structure, shall be concealed from exterior view except as specifically permitted. Intensities of illumination shall not exceed those stipulated in the building code. All electric lights on all types of signs (wood, plastic, metal, etc.) shall be grounded in accordance with the National Electrical Code.

(d)

Neon signs. Nonflashing, nonmoving neon signs, not to exceed in area ten percent of each window's total area or three square feet in area, whichever is smaller, may be mounted on or near the inside surface of store windows. A nonflashing, nonmoving neon sign bearing the word "Open" may occupy all of the glass area of a transom over the doorway to the street.

(e)

Warning signs. Signs with words or symbols denoting "Danger" are permitted only on buildings, equipment, fences or other locations, provided that actual danger to life and limb could result from trespassing or ignorance of proper precautions.

(f)

Content. All signs, except for murals, shall be limited to identifying the occupant, the street number, and the street name; and the type of products or merchandise or services sold, handled, or conducted on the premises on which the sign is located. If desired, the sign may include a picture of, or a miniature of, or a full-size sample of, one of the wares available on the premises, provided that all of the information, including the ware is contained within the size limitations of the sign.

(g)

Permit number. Each sign shall include in an unobtrusive area its sign permit number, directly following or directly underneath the words "permit no." and such words and number shall be legible for inspection from ground level.

(Code 1993, § 17-106.1; Ord. No. 84-344, § 4, 3-20-1984; Ord. No. 11-17, § 2, 8-16-2011; Ord. No. 14-10, § 3, 7-15-2014)

Sec. 113-303. - Prohibited signs.

The following types of signs are specifically prohibited:

(1)

Obsolete signs. Any sign, except for a mural, displayed which no longer identifies a bona fide business or service organization conducted upon the premises (or identifies a service no longer conducted on the premises) shall be removed, taken down, or completely obliterated within 30 days after written notice by the building official or the code enforcement officer.

(2)

Other prohibited signs or types of signage. Other prohibited signs, or types of signage, include the following:

Mobile, portable, billboard, flags (except as part of a sidewalk sale, grand opening, special event, or anniversary sale conducted pursuant to section 28-4 or chapter 113), or banner (except as specifically authorized by the town council or as part of a sidewalk sale, grand opening, special event, or anniversary sale conducted pursuant to section 28-4 or chapter 113). The official flags of the state and the United States of America, as well as all other flags of all other nations, are excluded from the definition of the term "prohibited signs";

Signs which will constitute a hazard or a potential menace to life or limb or which will endanger public safety in any manner. The building official may require the removal of any sign which is not properly maintained or which otherwise shows evidence of neglect or which, in his opinion, will become unsafe and constitute a hazard to life, limb or property or in any other manner endanger public health and safety. Should such sign not be removed after the expiration of a 24 hour written notification from the building official, properly receipted by the owner or tenant, regarding the inherent danger of said sign then town employees shall have the power to remove said sign and the code enforcement officer shall send to the owner of said sign a written notice of hearing before the code enforcement board;

Any sign that has any intentional motion or rotation of any part of the structure or of the sign, or the display of intermittent, rotating, flowing or flashing lights;

Real estate "Sold" signs;

Any sign using the word "Stop" or "Danger" (except as provided in section 113-302(e)) or implying the need of a requirement of stopping or the existence of danger, or which is a copy of or imitation of official traffic signs, unless such sign has been installed by an authorized governmental agency;

Any sign that would or does obstruct the view of the operator of a vehicle approaching corners or obstruct any direction of the operator's vision needed to safely pilot the vehicle;

A sign or any portion of a sign that overhangs or is installed in any street right-of-way except permitted temporary real estate and garage sale signs and related directional signs;

Any sign that is suspended across any public street, avenue, alley or other public road except those signs established by town, county, state, and federal governments;

A sign that is painted, printed, posted, nailed, placed or otherwise affixed to any curb, sidewalk, tree, light standard, utility pole, hydrant, bridge or structure within the right-of-way of any street, avenue, alley or other public thoroughfare within the town limits, except those signs established by town, county, state or federal governments;

A sign that is placed in such manner as to obstruct physical egress through any door, window or fire escape of any building;

Any sign located in any zoning district that is animated, which has physical action or motion, or the appearance thereof, including but not limited to that which may be referred to as an electronic changeable copy sign.

Any sign located in any zoning district other than the C, C-1, C-2, SC, T, RP, or CH zoning district, that is a manual changeable copy sign.

No auditory message, smoke, or mechanical sounds shall be permitted to be emitted from any sign.

Animated signs, flashing signs, or signs which include action or motion or the optical illusion of action or motion or color changes of all of any part of the sign, other than changeable copy signs are prohibited.

No embellishments, including but not limited to arrows, flags, or other extension, extending from the sign face or sign structure are permitted on any sign.

For public safety purposes, any signs which use the word "stop" or "danger" or warning or imply the need or requirement of stopping, or which are copies, simulations, or imitations of official government or other public, governmentally erected traffic or warning signs are prohibited.

Red, green, blue, or amber (or any color combination thereof) revolving or flashing light giving the impression of a police or caution light is prohibited.

The erection or maintenance of off-premises signs for a commercial activity subject to a sign permit application submitted after April 1, 2024, are prohibited. The owner of an off-premises sign subject to a sign permit issued prior to April 1, 2024, shall be considered to be a grand-fathered, legal nonconforming sign which may be continued to be maintained at its existing location and may change the face of the sign but shall not increase the degree of the existing nonconformity, change the method or technology used to convey a message, or increase the illumination of the sign; provided, that by not later than April 1, 2026, said owner files an application with the town clerk to maintain the legal, non-conforming, "grandfather" status of the sign and continues to maintain said sign continuously subject to regulations in this code relating to legal, non-conforming signage.

(3)

Disposition of removed signs. Signs removed by town employees will be stored on town property for a period of 30 days. After that time all unclaimed signs will, at the option of the town manager, be destroyed.

(Code 1993, § 17-106.2; Ord. No. 84-344, § 4, 3-20-1984; Ord. No. 94-7, § 3, 1-18-1994; Ord. No. 09-09, § 1, 4-21-2009; Ord. No. 11-17, § 3, 8-16-2011; Ord. No. 14-10, § 4, 7-15-2014; Ord. No. 2024-06, § 3, 7-10-2024)

Sec. 113-304. - Permitted temporary signs.

The following temporary signs are permitted:

(1)

Real estate signs. The following regulations govern the use and placement of temporary real estate signs. These are small signs advising that the property upon which they are placed is "For Sale," "For Rent," or "For Lease." They shall be removed within 48 hours after the property has been sold, rented or leased.

The permitted wording on, and size of, real estate signs shall consist of only the following:

The owner's or the realtor's name, address, telephone number, and the insignia of his organization;

The words "For Sale," "For Rent," or "For Lease";

If desired, not more than two "rider" signs, not more than six inches in height and 20 inches in length, each of which may bear words such as "Pool" or "By Appointment Only" or "Owner Financed", etc., may be attached to the 20 inch by 24 inch sign;

The above signs shall not exceed 20 inches by 24 inches in overall dimension.

The sign shall not be located closer than 15 feet from any edge of the pavement of any street, except that signs in vacant lots shall be placed at least two feet inside the lot line.

There shall not be more than one sign showing the owner or principal broker, except that for corner properties there may be one such sign on each street.

In addition, one sign not exceeding overall dimensions of 20 inches by 24 inches, with the words "Open House" to indicate that a building is open for inspection, may be displayed at all times. In the case of corner properties there may be one such sign on each street.

The signs permitted may not be illuminated, flashing, rotating or moving types. No other flags, banners or other displays may be used. All signs shall be removed from the property within 48 hours from the time a contract has been executed between the seller and the buyer of the property for the sale of the property.

Any real estate sign that has been erected for more than 24 consecutive months or 30 total months within a three-year period shall be and is hereby deemed to be nontemporary, and shall require a permit to remain erected, with the applicant demonstrating good cause why same should not be removed.

(2)

Construction signs. One temporary construction sign may be displayed on a lot or plot on which construction work is in progress, in accordance with the following provisions:

The sign shall be located inside the property lines;

In all districts, except residential zoning districts, the sign shall not exceed 32 square feet in area. In residential zoning districts, the sign shall not exceed 20 inches by 24 inches in overall dimension;

The sign shall display nothing more than: the names of the owner, financial institution, architect, contractor or builder and subcontractors; the use of the structure; the words "Now Leasing," "Now Selling," or "Now Available"; and telephone numbers. A picture or drawing may be included on the sign. No other wording, numbers or other information is permitted;

In the residential districts, those signs required by law, such as building permits, shall be posted without a permit;

The sign shall not be illuminated; and

The sign is to be removed within 48 hours after issuance of the final unconditional certificate of occupancy.

(3)

Garage sale signs. Temporary garage sale signs shall be allowed on property, provided:

The sign shall not exceed 20 by 24 inches in overall dimension;

The sign shall not be located closer than 15 feet to any edge of any pavement of any street;

There shall not be more than one sign stating:

The words "Garage Sale" and street address;

Not more than three names of the days of the week on which the garage sale is to be conducted;

The hours of the day during which the sale will be conducted;

The same information can appear on both sides of the sign;

No sign shall be illuminated, nor moving, nor have lights. No flags, banners, nor other displays shall be used;

All garage sale signs shall be removed from the property within 30 minutes after the closing hour of each day of the garage sale.

(4)

Directional signs. A maximum of two temporary directional signs shall be allowed on various rights-of-way, provided:

The sign shall not exceed 12 inches in height by 18 inches in length;

The sign shall not be located closer than 15 feet to any edge of any pavement of any street, except that signs placed on vacant lots shall be placed at least two feet inside the lot line. The sign shall not exceed 36 inches in height above the ground;

The words on the sign shall be either "Garage Sale" or "Open House," with an arrow pointing horizontally either to the right or the left. The same words may appear on both sides of the sign. The direction of the arrow may be reversed on the opposite side of the sign;

The signs shall not be illuminated nor moving. No flags, banners, lights, nor other displays shall be used;

Directional signs shall be removed from each and every right-of-way within 30 minutes after the closing hour of each day of the garage sale or the open house.

(5)

Political signs.

Temporary political signs on public property. If the sign becomes a hazard to public health and safety, the police, the building official, the public works director, or the code enforcement officer hereby shall have the authority to remove the sign immediately.

Persons hand carrying political signs may stand on sidewalks or nonpaved portions of public rights-of-way or in parks but on no other public property.

No political signs shall be placed in the sidewalk or paved portion of the right-of-way.

On an area in front of or alongside of a lot, on a public right-of-way, or a combination thereof in the following land use classifications: R-1-A, R-1-B, R-2, R-3, R-P and T, there shall be not more than four non-illuminated political signs, each not more than four square feet in area. The top of the sign shall not exceed a height of 36 inches above the crest of the road. Temporary political signs may not otherwise be placed on public rights-of-way. Any such political sign may only be installed with the express consent of the owner or lessee of the abutting lot or principal structure or portion of said principal structure. Said owner or lessee shall be responsible for the placement and removal of such signs.

For county, state and national elections, no political sign shall be erected or displayed earlier than 35 days before the date on which the qualifying period opens for the candidate whose name is advertised on the political sign. In the case of political signs advertising a referendum issue subject to such an election ballot, no such sign shall be erected or displayed earlier than 75 days before the referendum election at which the referendum issue advertised on said political sign shall be voted upon. For all town elections, no political sign shall be erected or displayed earlier than 45 days prior to the election in which the candidate or referendum issue will be voted on. Political signs which advertise issues or points of view not subject to a referendum election shall not be subject to this subsection (5)a.4.

No political sign is to remain displayed to the public on said lot longer than 48 hours after the closing of the polls for the campaign for which the political sign was erected. The term "campaign," as used in this subsection, shall include all primaries, special elections, and general elections at which the candidate's name or referendum to be voted upon by electors shall appear on the ballot. Political signs which advertise issues or points of view not subject to a referendum election shall not be subject to this subsection (5)a.5.

For all town elections candidates for any town office, or in the case of town referendum issues (including, but not limited to, charter or ordinance amendments), any individual or the chairperson of any political committee, seeking to place a referendum issue on the ballot, shall be requested to sign a form containing a statement that the candidate, individual, or political committee chairperson agrees to comply with the requirements of this section. The town clerk shall place said form in the qualifying packets of all town candidates. Failure to sign said form shall not invalidate or otherwise operate to deny any person the right to qualify for elective office or to have placed on the ballot a referendum issue.

Temporary political signs on private property.

No political sign shall be placed or displayed on or within 50 feet from any polling place on the day of any election, unless permitted by the supervisor of elections or the clerk of the election precinct, or unless the sign is erected and displayed as permitted by F.S. § 102.031.

On each lot a maximum of four non-illuminated political signs, each not more than four square feet in area, shall be permitted. Any such political sign may only be hand-carried or installed with the express consent of the owner or lessee of the lot or principal structure or portion of said principal structure, all on said lot. Said owner or lessee shall be responsible for the placement and removal of such signs.

(6)

Sidewalk sales, special events, and anniversary sales. As part of and during any sidewalk sale, special event, or anniversary sale, a merchant (for a duration not exceeding seven consecutive days as permitted) may display:

One banner or one flag not exceeding a size of three feet by five feet. Display of any banner or flag, any part of which exceeds 14 feet in height above ground level, shall be prohibited;

Strings of pennants may be displayed, provided that:

The display of pennants is conducted such that no part of any pennant is displayed at a height exceeding 14 feet above ground level; and

No pennant has any wording or symbol upon it; and

Signage, the wording of which is not legible from any paved roadway.

(7)

Removal of signs. Failure to remove temporary signs within the allotted period may result in a summons to the code enforcement board, which has the power to assess substantial daily penalties.

(8)

Special event.

Signs, banners, and flags (without wording or symbols) may be temporarily erected in recognition of special events (e.g., town birthdays) as determined by the town council. A non-fee permit must be obtained from the town manager who will be responsible for authorizing the location of such temporary signs, banners, and flags. The signs, banners, or flags cannot extend over a curb or sidewalk in the street and their placement will not be erected for more than two weeks prior to the event and will be removed within 48 hours of the conclusion of the event.

Signs, banners and flags (without wording or symbols) may be temporarily erected at a special event during the special event as authorized by section 8-7, subject to the sole discretion of the town manager or his designee.

(Code 1993, § 17-106.3; Ord. No. 84-344, § 4, 3-20-1984; Ord. No. 84-349, § 2, 6-19-1984; Ord. No. 86-24, § 1, 11-18-1986; Ord. No. 91-9, § 2, 1-15-1991; Ord. No. 94-7, § 4, 1-18-1994; Ord. No. 95-2, § 1, 11-30-1994; Ord. No. 00-12, § 1, 10-17-2000; Ord. No. 04-02, §§ 1, 2, 2-17-2004; Ord. No. 04-12, § 1, 9-14-2004; Ord. No. 06-09, § 2, 6-20-2006; Ord. No. 09-09, § 2, 4-21-2009; Ord. No. 11-02, §§ 1, 2, 12-16-2010; Ord. No. 12-06, § 1, 3-5-2012; Ord. No. 14-01, § 1, 11-17-2013)

Sec. 113-305. - Signs authorized in the various zoning districts.

Only those types of signs that are listed below are permitted in the following zoning districts:

(1)

R-1-A Single-Family Residence Districts. Only the following temporary signs: real estate (see section 113-304(1)), construction (see section 113-304(2)), garage sale (see section 113-304(3)), directional (see section 113-304(4)) and political (see section 113-304(5)).

Building numbering is required in accordance with section 28-10;

Any sign that is affixed to a fence must be comprised of plastic or metal and must be placed in such a manner that it faces a street adjacent to the property upon which the fence has been installed unless otherwise permitted by law.

(2)

R-1-B Single-Family Residence Districts. Only temporary signs as permitted in the R-1-A zoning district pursuant to section 113-305(1) are permitted in this zoning district.

Building numbering is required in accordance with section 28-10.

(3)

R-2 Duplex Residence Districts. Only temporary signs as permitted in the R-1-A zoning district pursuant to section 113-305(1) are permitted in this zoning district. For public health and safety purposes for emergency response purposes, building numbering is required in accordance with section 28-10.

(4)

R-3 Multifamily Districts.

The temporary signs permitted for R-1-A in section 113-305(1) are permitted in this zoning district.

One attached, mural, or painted sign; (See definition of the term "attached signs."); the area enveloped by the sign shall not exceed 24 square feet and must comply with all of the other requirements of signs authorized in C and C-I districts.

One detached sign. The same regulations apply as for attached signs. The sign must be erected inside the lot lines.

For public health and safety purposes for emergency response purposes, building numbering is required in accordance with section 28-10.

One attached or detached sign which shall not exceed four square feet in sign copy area pursuant to section 113-304(1) of this code.

(5)

RP Residential—Professional Districts.

Residential use. Only temporary signs as permitted in the R-1-A zoning district pursuant to section 113-305(1) are permitted in this zoning district, except that garage sales are permitted only for the remaining residences in these districts. For public health and safety purposes for emergency response purposes, building numbering is required in accordance with section 28-10.

Professional use.

Only the following temporary signs are permitted: Real estate (see section 113-304(1)), construction (see section 113-304(2)), directional (see section 113-304(4)), and political (see section 113-304(5));

Grand opening signs are permitted only once for each occupant or change of ownership of the property, or only once after each extensive remodeling of the premises, which must cost at least 15 percent of the assessed valuation of the building. Grand opening signs shall not exceed 18 inches by 48 inches in size and shall not be displayed for more than seven days;

One attached sign is permitted; provided, that the attached sign does not exceed 12 square feet in area and does not protrude more than one foot beyond the exterior wall of the building. The attached sign may be a manual changeable copy sign. Only one such sign is permitted for each business or service, except for offices occupying a corner lot where one such identical sign is permitted on each street side. Where parking is provided in the area, an identical sign is permitted on the rear of the building;

The height of all attached signs shall not exceed the eave line of the building or structure;

A grand opening banner may be permitted for a duration not exceeding seven consecutive days as permitted provided that the banner does not exceed a size of three feet by five feet. Display of any banner, any part of which exceeds 14 feet in height above ground level shall be prohibited. Grand opening banners are permitted only once for each occupant or change of ownership of the property, or only once after each extensive remodeling of the premises which must cost at least 15 percent of the assessed valuation of the building;

For public health and safety purposes for emergency response purposes, building numbering is required in accordance with section 28-10.

(6)

C, C-1, and C-2 Commercial Districts.

Temporary signs. The following temporary signs are allowed: Real estate (see section 113-304(1)), construction (see section 113-304(2)), political signs on private property (see section 113-304(5)(b)), sidewalk sale (see section 113-304(6)), grand opening sign (see section 113-305(6)(b)), grand opening banner (see section 113-305(6)(g)), grand opening sign (see section 113-305(6)(i)). The following temporary signs are not allowed: garage sale (see section 113-304(3)), political signs on public property (see section 113-304(5)(a)), and directional (see section 113-304(5)(b)).

Attached and painted (on the building surface) signs. The following conditions regulate signs attached or painted upon any front, rear or side surface of the occupant's building, which include, but is not limited to, mural signage, provided the signs comply with all other requirements of this section:

Only one wall of the building may have an attached sign, except in the case of buildings with rear entrances and buildings on corner lots. The attached sign may be a manual changeable copy sign. The signs on this wall shall be subject to the following restrictions:

(i)

There shall not be more than one sign per occupant;

(ii)

No sign shall exceed 32 square feet in area;

(iii)

The area of the sign, or combined area of the sign, shall not exceed ten percent of the surface area of the wall. Calculation of the surface area shall include doors and windows.

In the case of rear entrances, each such entrance may have one sign not to exceed 12 square feet in area over or beside the rear entrance.

In the case of buildings located on corner lots, a sign not to exceed 32 square feet is permitted on the wall which is closest to the side street, unless the property owner requests a different but parallel wall that faces the side street (only one wall facing the particular side street may have signs). The attached sign may be a manual changeable copy sign.

The zoning and planning board has the authority, upon application, to permit an attached sign on any one face (and on the side street face of corner lot buildings) to encompass an area up to five percent of the total exposed face of the building. This provision is applicable to buildings whereon such sized signs will be proportional to those permitted for smaller buildings. The board will evaluate such proposed sign in relation to the size of the building, its general appearance, and its architectural similarity to neighboring buildings.

The sign may be constructed of multiple parts and its content shall be limited to letters, numerals, insignia, and a picture of, or a miniature of, or a full-size sample of one of the wares available on the premises; provided that all of the information is contained within the size limitations of the sign. No portion of an attached sign shall protrude more than one foot beyond the wall on which the sign is attached.

The height of attached signs shall not exceed the eave line of the building.

Permanent door and window signs. (See definition, section 13-301(c).) Permanent signs may be attached to or painted upon doors and windows provided that:

No more than 25 percent of the total door and window area shall be covered, but in no event shall the coverage exceed 58 square feet;

All window areas between three feet and four feet above the crown of the building's street shall be free from any type of sign or any other obstruction;

All areas in glass doors, or in windows in other types of doors, shall be kept free of any type of sign or any other obstruction which prevents clear sight for ingress and egress, except signs warning of hazards to health and safety;

The construction of the permanent sign shall be limited to long-lasting letters, numbers and insignia. An interior message composed of replaceable letters and numerals may be changed without obtaining a sign permit.

Detached signs. (See definition, section 13-301(c).) Exactly the same information may appear on both sides of any sign. The following provisions shall apply:

Each building may have one sign not larger than 32 square foot sign which may be shared by all business areas within the building;

Or, where the signs can be placed at least 20 feet apart, each business area may have a separate detached sign not to exceed nine square feet in area;

Or, if there are more than four business areas located in one building, the building may have two detached signs, each having a maximum of 24 square feet, provided the signs are at least 50 feet apart;

A detached sign may not be placed within 20 feet of any other detached sign;

Where the building is accessible from the rear and does not abut a residential district, a second detached sign, not to exceed 32 square feet, permanently anchored in the ground, is permitted in the rear for each business. For property abutting a residential district a second detached sign, not to exceed nine square feet, permanently anchored in the ground, is permitted in the rear for each business. However, if several businesses are served by one common driveway, each such sign shall be permanently affixed to the same common mounting permanently anchored in the ground;

Detached signs may be illuminated in accordance with section 113-302(c);

The height of detached signs shall not exceed the top of the roof or 14 feet above the ground level at the front of the building, whichever is the lesser;

There shall be at least seven feet clearance below the bottom of the sign, unless the top of the sign is not higher than six feet above the ground level at the front of the building; and

The top of all poles, on which signs are mounted, shall not be above the top horizontal edges of the sign unless the poles are part of the design of the sign.

Transient signs. A sign made of paper, cardboard, or particle board placed on the inside of windows and doors.

Transient signs may be affixed to the inside of doors and windows or otherwise displayed from inside structures, provided that:

No more than 25 percent or 58 square feet less the square footage for any permitted permanent door and window signs, whichever is the lesser, of the total door and window area is covered;

No portion of any transient sign shall exceed 14 feet in height above ground level;

All window areas, between three feet and four feet above the crown of the building's street level, shall be free from any type of sign or any other obstruction;

The message on a sign containing movable letters and numerals may be changed without obtaining a sign permit;

No transient sign shall be erected, placed, or otherwise displayed on any property, lot, or parcel of land, without a sign permit obtained from the town. Sign permits may be obtained at no cost from the town manager or said manager's designee at any time during regular business hours of the town hall. All permit applicants must include in their application the name, address, and telephone number of both the property owner and lessee, if any, and the permit applicant. The application must be executed by the applicant who must have written approval from the property owner or lessee to obtain sign permits from the town. The application shall include the text, symbols, pictures, wording and the like to be placed on the sign;

Sign permits shall be issued for a period of not more than 75 consecutive calendar days but permits are renewable.

Banner. A banner may be permitted for a duration not exceeding 75 consecutive days as permitted provided that the banner does not exceed a size of three feet by five feet. Display of any banner, any part of which exceeds 14 feet in height above ground level shall be prohibited.

Strings of pennants may be displayed, provided that the display of pennants is conducted such that no part of any pennant is displayed at a height exceeding 14 feet above ground level and no pennant has any wording or symbols on it. Such strings of pennants may not be displayed for more than 30 consecutive days.

Only one banner (which is suggested for a business opening soon, celebrating a grand opening, celebrating an anniversary, or experiencing a major remodeling) may be permitted in a calendar year unless ownership changes.

Banner. A sidewalk sale, special event, and anniversary sale opportunity may result in a permit being issued for a banner for a duration not exceeding seven consecutive days as permitted (see section 113-304(6)).

Opening soon and/or grand opening sign. Temporary signs are permitted only once for each occupant or change of ownership of the property, or after each extensive remodeling of the premises, which must cost at least 15 percent of the assessed valuation of the building. Said temporary signs shall not be more than 18 inches by 48 inches in size and shall not be displayed more than a combined 75 consecutive days. The aforementioned temporary signs are permitted only once in any 730 consecutive day time period.

For public health and safety purposes for emergency response purposes, building numbering is required in accordance with section 28-10.

One manual changeable copy sign is permitted provided that said sign shall have a sign copy area not exceeding eight square feet and the top of said sign structure shall not exceed eight feet in height.

(7)

S-C Shopping Center Districts. All provisions of the C and C-1 districts apply except as modified below:

Attached signs may not be mounted on the roof.

The height of attached signs shall not exceed the height of the roof at the ridge-pole.

Each business area may have an attached sign not to exceed, in area, 32 square feet or ten percent of the total exposed building face's square feet, whichever is greater.

Detached signs are not permitted, except one detached sign is permitted for each shopping center. The actual sign area shall not exceed ten feet in height and 15 feet in width. The supporting structure shall not exceed 20 feet in height and 20 feet in width. The total height of the entire structure and sign shall not exceed 30 feet in height.

Where the business unit is available from the rear, a second sign not to exceed nine square feet in area may be attached to the rear of the building unit.

In the case of buildings located on corner lots, a sign not to exceed 32 square feet is permitted on the wall which is closest to the side street, unless the property owner requests a different but parallel wall that faces the side street, and a wall that is perpendicular to the side street instead.

(8)

T-Tourist Districts. All sign provisions for the C and C-1 districts apply, except that:

Garage sale and directional signs are permitted only for residences;

The attached sign and detached sign may contain, in addition to other allowed material, not more than five of the words or pseudo-phrases.

Signs permitted on property used for single-family residences and duplexes are the same as permitted in the R-1-B district.

Signs permitted on property used for multifamily residences are the same as permitted in the R-3 district.

Signs permitted for nonresidential property are the same as permitted in the C and C-1 districts, except that not more than one detached sign is permitted.

Lighting of signs for a bed and breakfast facility shall only be external to the sign.

(9)

CH-Church Districts.

Bulletin boards or manual changeable copy signs, attached signs (including, but not limited to, murals, and similar signs of houses of worship, such as a church, mosque, or temple, shall be permitted (instead of commercial detached signs) and shall not exceed 32 square feet in area, shall have sign copy areas and sign structure height not exceeding eight feet in height, which shall be located within the property lines, and shall not exceed one sign facing each street;

The bulletin boards may contain changeable letters and numerals, both of which may be changed without obtaining a sign permit.

A changeable copy sign which is detached is permitted provided that the sign does not exceed six [square feet] in height or 32 square feet in sign copy area. All changeable copy signs shall comply with section 113-307(1) of this code.

Building numbering is required in accordance with section 28-10.

(10)

Private parking lots signs.

Detached, attached or paint-on structure, signs in black and white or uniform in color to the building exterior to regulate parking lots are permitted as follows:

One detached directional sign per entry, and one per exit, to and from a parking lot, is permitted. The content of these signs shall be limited to one or two of the following words: "Enter," "Entrance," "In," "Exit," "Egress," "Out," "Only," and may bear a directional arrow. Each sign shall have a maximum area of two square feet, the top of the sign and its support shall not be more than three feet above the ground, and it shall be located not less than three feet from the edge of the pavement of any street, except, where a paved sidewalk exists, it shall be located on the property side of the sidewalk, not closer than one foot to the sidewalk;

Markings on the surface of the paved parking areas shall be limited to arrows and traffic-flow-directional words, such as "Drive-up Window," "Drive-up Lane," "Drive-up Tellers";

In addition, one parking space identification sign lettered only on concrete car stops or curbs is permitted per parking space, not to exceed three inches in height and 18 inches in length;

In addition, one parking lot identification sign per street from which there is an entrance to said lot is permitted. The content of this sign shall be limited to any or all of the following words: "Private Parking for Customer Of ___________," plus only the name or identifying symbol and the address of the business, institution, professional association, or service corporation. The maximum size of each such sign shall not exceed four and 4½ square feet. If the nine square foot "Tow Away" sign described in subsection (10)a.5 of this section is used, the above information must be included on the tow away sign in lieu of a separate sign;

Any property owner desiring to use vehicle tow away signs must do so in accordance with F.S. § 715.07, as amended from time to time. Signs shall not exceed nine square feet;

Signs for disabled persons' parking spaces as provided in F.S. ch. 316;

For establishments selling beer, wine or other alcoholic beverages, as defined in chapter 4, not exceeding two parking lot signs meeting the requirements of section 4-8(c).

Sign permits must be obtained from the town prior to painting, construction and erection of the above signs, with the exception of subsection (3) of this section; but the provisions of subsection (3) of this section, must be fully complied with.

(11)

Beautification recognition signs. Signs representing an award for beautification of grounds or buildings presented by the town, after obtaining a gratuitous permit from the town manager, may be temporarily erected for not more than 30 days, provided the signs are placed at least 15 feet away from the edge of any street pavement. These signs may be placed in any zoning district.

(Code 1993, § 17-106.4; Ord. No. 84-344, § 4, 3-20-1984; Ord. No. 84-349, § 3, 6-19-1984; Ord. No. 86-11, § 3, 4-15-1986; Ord. No. 90-8, § 1, 2-20-1990; Ord. No. 95-1, § 2, 11-30-1994; Ord. No. 97-1, § 3, 12-3-1996; Ord. No. 9 7-7, 5-6-1997; Ord. No. 02-07, § 1, 4-16-2002; Ord. No. 03-06, § 1, 4-15-2003; Ord. No. 04-01, § 1, 12-16-2003; Ord. No. 05-02, § 1, 12-16-2004; Ord. No. 05-11, § 1, 6-21-2005; Ord. No. 06-01, § 1, 12-14-2005; Ord. No. 07-01, § 1, 11-21-2006; Ord. No. 09-9, §§ 3—5, 4-21-2009; Ord. No. 11-17, § 4, 8-16-2011; Ord. No. 13-15, § 1, 10-15-2013; Ord. No. 14-10, § 5, 7-15-2014; Ord. No. 15-06, § 1, 9-9-2015; Ord. No. 16-02, § 1, 11-12-2015; Ord. No. 16-15, § 2, 10-12-2016; Ord. No. 17-13, § 2, 8-9-2017; Ord. No. 2024-06, § 4, 7-10-2024)

Sec. 113-306. - Nonconforming signs.

A nonconforming sign or sign structure existing within the town limits on or after the effective date of the ordinance from which this article is derived shall be subject to removal. Removal of such signs, signs that were or are erected without a permit, "grandfathered" nonconforming signs, discontinued use of signs, damaged signs or other nonconforming signs, shall be achieved as follows:

(1)

Reserved.

(2)

All others. All other owners of nonconforming signs shall be granted a reasonable period, as set forth below, in which to amortize the cost of such signs. In return for such amortization period, all nonconforming signs must be maintained in good condition by their owners. At the conclusion of the time periods herein set forth, all such nonconforming signs shall be removed in accordance with subsection (7) of this section:

Nonconforming signs consisting of materials that have a monetary value of less than $500.00 shall be removed within five years from March 20, 1984 (the effective date of Ordinance No. 84-344, from which this article is derived). The monetary value shall be determined by the building official, whole opinion may be appealed to the board of adjustment;

Nonconforming signs consisting of materials that have a monetary value of at least $500.00 but less than $1,000.00 shall be removed within ten years from March 20,1984 (the effective date of Ordinance No. 84-344, from which this article is derived). The monetary value shall be determined by the building official, whose opinion may be appealed to the board of adjustment;

Nonconforming signs consisting of materials that have a monetary value of at least $1,000.00 shall be removed within 15 years from March 20, 1984 (the effective date of Ordinance No. 84-344, from which this article is derived);

The zoning and planning board may extend the period of use of a nonconforming sign for up to an additional five years beyond the initial period, when, in its judgment, the useful life of the sign has not been completely amortized. In no event, however, shall any nonconforming sign remain in existence for more than 20 years from March 20, 1984 (the effective date of Ordinance No. 84-344, from which this article is derived).

(3)

Fee waived. At the time a nonconforming sign is replaced, a permit for a conforming sign shall be issued with no fee attached.

(4)

Discontinued signs. A landowner shall not permit any sign which has been erected upon his land to be discontinued as to use upon such land. Ninety days after the cessation of business at such location, it shall be presumed that an on-premises sign has been discontinued; provided, however, that the town manager must determine that there is an intent by the property owner and occupant to discontinue the nonconforming sign and an overt act demonstrating cessation of the sign's use. On-premises signs whose words, numbers or other symbols are completely obliterated by paint or other neutralizing agent are not deemed discontinued by this section.

(5)

Occupancy change. Any change in the type of occupancy of property on which any nonconforming sign is located, shall cause the removal of all nonconforming signs within 30 days.

(6)

Mixture of conforming with nonconforming signs prohibited. No conforming sign or sign structure shall be erected on the same premises with an existing nonconforming sign until the nonconforming sign has been removed or made conforming. However, in residential-professional, commercial, shopping center or tourist districts, the fact that one particular business or activity has a nonconforming sign or sign structure will not prohibit another business or activity on the same premises from erecting a conforming sign or sign structure.

(7)

Removal of nonconforming signs. Nonconforming or signs the use of which has been discontinued erected in the town shall be removed in accordance with the procedures established by the code enforcement board.

(8)

An electronic changeable copy sign that were erected prior to January 1, 2024, which were permitted pursuant to a town-issued sign permit and which have been continuously operational, should not have been permitted. However, the town considers that due to the passage of time during which said sign have been erected and given the expenditure of funds to erect said signs, a case could be presented against the town claiming that the town is equitably estopped from prohibiting said sign. Consequently, said electronic changeable copy sign is hereby declared to a legal non-conforming sign and is "grandfathered in". Said sign shall not be altered without losing is legal, nonconforming status, except to make the sign more closely comply with the signage regulations set forth in this sections 113-301 et seq., and said sign shall not be increased in height or sign copy area or decreased in setback from the right-of-way or property line.

(Code 1993, § 17-106.5; Ord. No. 84-344, § 4, 3-20-1984; Ord. No. 2024-06, § 5, 7-10-2024)

Sec. 113-307. - Special types of signage.

(a)

Electronic changeable copy signs. Electronic changeable copy signs are prohibited in all zoning districts.

(b)

Manual changeable copy signs. Manual changeable copy signs are permitted only in the T, R-P, C, C-1, C-2, SC, and CH zoning districts. All manual changeable copy signs, shall comply with the sign height, setback from the right-of-way, sign copy area, and other requirements of this sign code.

(c)

Electronic, non-changeable copy signs. Electronic copy signs which are not changeable copy signs shall contain static messages only and shall not have movement, or the appearance of optical illusion of movement of any part of the sign structure, design, or pictorial segment of the sign, including the movement or appearance of movement of any illumination or the flashing, scintillating or the varying of light intensity, except when the message on the sign is being changed in its totality. The sign shall not display any illumination that moves, appears to move, blinks, fades, rolls, dissolves, flashes, zooms, scrolls, shows animated movement, or changes in intensity during the static display period. Electronic signs shall not exceed four square feet in size, and the top of the sign copy area or sign structure shall not exceed eight feet. No electronic, non-changeable copy sign shall be turned off or turned on more than three times per 24-consecutive hour period. Electronic, non-changeable copy signs shall not have an illumination of greater than 500 nits candelas per square meter) in luminance or brightness intensity in the evening or early morning hours after sunset or before sunrise. Electronic, non-changeable copy signs shall not have an illumination of greater than 5,000 nits (candelas per square meter) in luminance or brightness intensity during the daytime after sunrise or before sunset. A material condition precedent of any permit to erect or operate an electronic non- changeable copy sign is that the sign shall come equipped with automatic dimming technology which automatically adjusts the sign's brightness based on ambient light conditions and will be changed by the owner or operator of the sign when town sign illumination, message display time or brightness standards, are altered. Any electronic, non-changeable copy sign that malfunctions, fails, or ceases to operate in its usual or normal programmed manner shall immediately revert to a black or blank screen and shall be restored to its normal operation conforming to the requirements of this section within no more than ten consecutive days following said malfunction or shall be removed. No electronic, non-changeable copy sign shall interfere with the effectiveness of, or obscure, an official government placed traffic sign, device, or signal.

(d)

Government signs.

(1)

Signs erected by government in, or immediately adjacent to, a public right-of-way, the content of which sign is controlled solely by the government, and which signage it can reasonably be expected that the general public would view the sign as having been posted and controlled by the government, are exempt this sign code as government speech, except as provided herein. Said signs may be electronic changeable copy signs.

(2)

Specifically exempted from this sign code are signs placed in or adjacent to the public right-of-way by the government for traffic or other public safety or aesthetic purposes. Examples include but are not limited to roadway construction signage; traffic detour signage; "stop"; "yield"; speed limit; school zone or crossing signage; pedestrian crossing signage; signs warning the general public of a hazard; public informational signs; or signs warning of dangerous conditions at the beach or waters adjacent thereto.

(Ord. No. 2024-06, § 6, 7-10-2024)