This chapter shall be known and may be cited as the "Indian River County Sign Ordinance."

It is the intent of this chapter to promote and protect the public health, safety, general welfare, and aesthetics of Indian River County, Florida, by regulating and limiting the existing and proposed posting, display, erection, use and maintenance of signs, billboards, and other advertising structures within the county.

With respect to signs advertising business uses, it is specifically intended, among other objectives, to avoid excessive proliferation and clutter among sign displays competing for public attention. Therefore, the display of signs should be appropriate to the land, building or use to which they are appurtenant and be adequate, but not excessive, for the intended purpose of identification. It is recognized that a restricted number of off-premise directional signs are needed to convey information to the public.

It is further intended to protect property values, create a more attractive economic and business climate, enhance and protect the physical appearance of the county, preserve the scenic and natural beauty of the county and provide a more enjoyable and pleasing community. Also, it is intended hereby to improve vehicular and pedestrian safety, curb the deterioration of natural beauty, and reduce visual pollution.

These objectives are consistent with the Indian River County Comprehensive Plan and are vital to continued growth in the area's tourist industry which aggressively markets the county's high "quality of life" and "scenic beauty." To this end, the sign ordinance equitably allocates commercial and noncommercial signage and reduces the likelihood of future clutter along the county's transportation corridors.

(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 98-9, § 3A, 5-19-98)

The definitions of certain terms used in this chapter are set forth in Chapter 901, Definitions, of the Indian River County Land Development Code.

(Ord. No. 90-16, § 1, 9-11-90)

All signs erected, replaced, or relocated on any property shall conform with the provisions of this chapter and with all other applicable regulations of Indian River County. Any sign which could fall into more than one category of signs shall be classified within the most restrictive category possible.

(Ord. No. 90-16, § 1, 9-11-90)

The code enforcement official is responsible for administering sign applications. Applicants for sign permits shall submit to the code enforcement official permit applications with applicable fees covering review for administrative compliance and review of structural components. The format of the application shall be as provided by the code enforcement official. The fee schedule for the administrative review and the subsequent review of structural components of the sign shall be determined by resolution of the board of county commissioners. No fee shall be charged for temporary political signs.

(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 2012-030, § 1, 7-10-12)

The application for a sign permit shall contain the following information:

(1)

Three (3) copies of a narrative statement indicating the following (the narrative statement may be submitted as part of the drawings):

(a)

Name, street address, legal description of property, and telephone number of the sign erector and the sign owner;

(b)

Written statement signed by the landowner, or authorized agent or the lease or rental agreement, authorizing the placement of the proposed sign;

(c)

Type of sign proposed and purpose;

(d)

Description of sign copy, dimensions and specifications of the sign, including method of construction, installation, support, and details of the method and specifications for illumination if applicable;

(e)

Zoning and comprehensive plan future land use designation for the subject property;

(f)

The required and proposed sign area, height, and setback from adjacent rights-of-way, property lines, and street intersections.

(2)

Three (3) copies of scaled drawings indicating the following:

(a)

Proposed location of the sign on the subject property, including the position of the sign in relation to lot lines, nearby buildings or structures, sidewalks, streets, rights-of-way, easements, and intersections;

(b)

Dimensions and area of sign and copy. Sign colors shall be specified to ensure the sign does not replicate features of public safety signs or otherwise unduly distract motorists;

(c)

Construction drawings indicating structural specifications for materials to be used, structural components, and method of installation. The specifications shall show dimensions, elevations, means of support, method of illumination and any other significant aspect of the proposed sign required to demonstrate compliance with this chapter and the Standard Building Code. A foundation/survey shall be submitted for all permanent freestanding signs.

(3)

Electrical plans specifications, if applicable, are required for said sign.

(Ord. No. 90-16, § 1, 9-11-90)

The code enforcement official shall review each permit application to ensure that it complies with the requirements of this chapter. No permit shall be required for a change of copy on a changeable copy sign or the repainting of a sign for which a sign permit has been issued.

If the application is found to be incomplete or otherwise inconsistent with this chapter, the applicant shall be notified within five (5) working days from the date received. Applications found to be consistent with the provisions of this chapter shall receive an administrative zoning permit and shall subsequently be reviewed for compliance with the Standard Building Code.

(Ord. No. 90-16, § 1, 9-11-90)

In addition to an administrative zoning permit, a building permit is required to ensure compliance with the Standard Building Code and National Electrical Code, as applicable. The application described in section 956.05 shall be accepted as a joint application for both an administrative zoning permit and a building permit.

No sign shall be issued a building permit until it is determined that the structural plans for the sign are consistent with this chapter and applicable provisions of the Standard Building Code. Construction of a decorative base or similar structure associated with a free-standing sign shall not be considered replacement of the free-standing sign or construction of a new free-standing sign.

(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 2012-039, § 3, 12-11-12)

No footings for a freestanding sign shall be poured until structural components have been approved by the building official.

(Ord. No. 90-16, § 1, 9-11-90)

The code enforcement official may revoke a permit or approval issued under this chapter, if, after notice to the applicant, it is found that there has been any intentional or unintentional false statement, concealment or misrepresentation concerning any fact submitted in the application or plans on which the permit approval was based. A permit may also be revoked upon failure of the permit holder to comply with any provision of this chapter, or a permit issued under a mutual mistake of fact.

(Ord. No. 90-16, § 1, 9-11-90)

(1)

Provisions regulating exempted signs. The following types of signs do not require a permit provided the sign shall: Comply with applicable requirements in the zoning district where placed; comply with other provisions in this subsection; and be consistent with the spirit, intent and purpose of this chapter. All sign copy shall be considered exempt from the provisions of this chapter. This chapter shall not apply when state or federal regulation requires other specific posting standards.

(2)

Signs exempted from permitting procedure.

(a)

Identification signs. Exempted signage shall not exceed two (2) square feet for a single-family residential structure or four (4) square feet for a multiple-family, nonresidential, or mixed use structure.

(b)

Signs required by law. Signs such as traffic regulatory signs that are required by law.

(c)

Instructional signs. Instructional signs not to exceed one (1) square foot for residential uses and four (4) square feet for nonresidential uses.

(d)

Memorial signs.

(e)

Window signs. Except in residential zoning districts, a temporary window sign or signs having a total area not exceeding twenty (20) percent of each window, calculated separately for each window.

(f)

Gasoline and fuel pricing signs. Gasoline and fuel pricing signs shall be exempt when required by law to be posted. The size of such signs shall not exceed the dimensions specified in appropriate federal regulations.

(g)

No smoking signs.

(h)

Temporary signs of limited geographic scope and number. Temporary signs of limited geographic scope and number that meet the following criteria do not require a permit. Typical signs in this category include garage sale signs and real estate for sale or lease signs. Temporary signs broader in geographic scope and number shall require a temporary sign permit as set forth in section 956.15 of this chapter.

1.

Number of signs. One (1) temporary on-premises sign per street frontage may be placed on the property in any zoning district. One (1) additional sign may be placed where the street frontage exceeds three hundred (300) linear feet along a common road right-of-way.

2.

Area requirements. Said temporary signs shall not exceed four (4) square feet for single-family residential uses, six (6) square feet for multiple-family or institutional uses, and sixteen (16) square feet for commercial or industrial sites.

3.

Required setbacks. Said temporary signs shall be located outside rights-of-way within the applicant's property lines and shall have a ten-foot setback from all other adjacent property lines, excepting adjacent road rights-of-way from which no setback is required.

4.

Height requirements. Residential or institutional temporary signs shall not exceed five (5) feet in height. Commercial or industrial temporary signs shall not be placed within the road right-of-way, and shall not exceed the height restrictions as set forth in Table 1 of this chapter.

5.

Additional regulations. Two (2) additional off-premises temporary signs, such as open house or garage sale signs, not to exceed four (4) square feet each may be placed within road right-of-way; however, no more than two (2) such signs may be placed per intersection. Such signs may be located within a road right-of-way, provided the sign is:

a.

Located at least eight (8) feet from the edge of any roadway or intersecting driveway;

b.

Constructed as a break away sign; and

c.

No more than three (3) feet above the crown of the adjacent road, measured to the top of the sign.

All temporary signs posted under this section shall be placed only when the property that is the subject of the sign direction is actually open for inspection or visitation by the public and shall be displayed only between the hours of 6:00 a.m. and 7:00 p.m. For any residential site open for inspection or visitation by the public, temporary signs allowed under this section shall be displayed for a period not exceeding twenty four (24) days during any calendar year.

6.

No illumination. Temporary signs posted under the criteria of this section shall not be illuminated.

(i)

Flags. The flag of the United States of America, flags of other nations, states, counties, cities, veteran and civic organizations, schools and public and non-profit private institutions.

(j)

Non-commercial decorative art. Decorative or architectural features which are an integral element of a building or works of art so long as such features do not contain letters, trademarks, moving parts, exhibit merchandise for sale on premises, and do not contain lights. Religious emblems shall be construed as being non-commercial decorative art and shall be exempt from this chapter.

(k)

Holiday decorations. Holiday decorations that are clearly incidental to and customarily associated with any national, local, or religious holiday observance.

(l)

Temporary signs on construction sites. Temporary signs on construction sites may be erected upon issuance of a site construction permit subject to compliance with the following conditions:

1.

Character of sign. Such temporary sign shall not exceed a cumulative area of sixteen (16) square feet, and no more than three (3) such signs per premises shall be permitted. Such sign(s) shall not be illuminated. These signs must be located on a developing premises, at least five (5) feet from all rights-of-way and easements, and at least ten (10) feet from other property lines. Such temporary signs are otherwise subject to the regulations applicable to the district where erected. Such temporary signs shall otherwise comply with provisions of this chapter.

2.

Timing of removal. Any such temporary sign shall be removed prior to the issuance of a final certificate of occupancy.

(m)

Change of copy.

(n)

Right-of-way acquisitions. Signs located within recently acquired rights-of-way may be relocated without obtaining a permit.

(o)

Carried sign. A sign that is carried or held by a person on private property or on a public sidewalk.

(p)

On-premises yard or window sign. An on-premises yard or window sign related to any non-commercial message that is otherwise lawful, subject to the following conditions:

1.

In residential zoning districts, such signs shall either be freestanding or window signs. If displayed as a freestanding sign, such sign shall be no more than nine (9) square feet in area and shall not exceed five (5) feet in height. Each window sign shall be no more than two (2) square feet in area and the cumulative area of all window signs shall be no more than twenty (20) percent of the total area of each window. Such signs shall not be illuminated. During periods of election, from the day after the deadline for qualifying for elective office to five (5) days after the election, one (1) additional sign per lot or parcel of land shall be allowed for a temporary event. For purposes of this section, a candidate, issue, or topic on an election ballot shall each constitute a temporary event. For a lot or parcel of land that has more than three hundred (300) feet of frontage on a collector or arterial road, two (2) additional signs shall be allowed for each temporary event during periods of election.

2.

In non-residential zoning districts, such signs shall either be freestanding or window signs. If displayed as a freestanding sign, such sign shall be no more than sixteen (16) square feet in area and shall not exceed ten (10) feet in height. Each window sign shall be no more than four (4) square feet in area and the cumulative area of all window signs shall be no more than twenty (20) percent of the total area of each window. Such signs shall not be illuminated. During periods of election, from the day after the deadline for qualifying for elective office to five (5) days after the election, one (1) additional sign per lot or parcel of land shall be allowed for a temporary event. For purposes of this section, a candidate, issue, or topic on an election ballot shall each constitute a temporary event. For a lot or parcel of land that has more than three hundred (300) feet of frontage on a collector or arterial road, two (2) additional signs shall be allowed for each temporary event during periods of election.

3.

Such signs shall be located wholly on private property with the prior consent of the property owner or lawful occupant of the property. Such signs, when freestanding, shall be at least five (5) feet from all public rights-of-way.

(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 95-10, § 9, 5-31-95; Ord. No. 98-9, § 3B, 5-19-98; Ord. No. 2012-030, § 2, 7-10-12; Ord. No. 2017-002, § 2, 3-7-17)

(1)

The following signs are prohibited as of the effective date of this chapter. Such signs have been found to violate the purpose, intent, and specific provisions of the sign regulations and shall be removed in accordance with notice rendered by the code enforcement officer.

(a)

A sign which falsely simulates emergency vehicles, traffic-control devices, or official public signs;

(b)

Snipe signs, sandwich signs, other portable signs, and add-on signs;

(c)

A sign found by the code enforcement official to be structurally unsafe or a hazard to public safety or to life or limb, including signs creating a fire hazard;

(d)

A sign obstructing any motorist's view of a street or intersection. The minimum allowable site distance shall be in accordance with county traffic sight-line regulations;

(e)

An abandoned off-premise sign; any abandoned, nonconforming on-premise sign;

(f)

A series of two (2) or more signs which must be read together to obtain a single message;

(g)

Flashing signs except for public signs permitted pursuant to subsection 956.11(2)(b);

(h)

Animated signs, including swinging signs;

(i)

A sign which obstructs any fire escape, any window, or door or other opening used as a means of ingress or egress so as to prevent free passage of persons;

(j)

Any sign which interferes with openings required for ventilation;

(k)

Banners, flags, or balloons used to attract attention to industrial, commercial or residential establishments, excepting flags pursuant to subsection 956.11(2)(i);

(l)

Any sign placed without a permit after the effective date of this chapter when a permit is required;

(m)

Signs in violation of section 956.14. If a sign is prohibited and the sign is a type that can be brought into conformance with this chapter, the owner or lessee of the sign can elect to bring the sign into conformity rather than remove the sign;

(n)

Buildings and/or signs which represent in configuration or design a product or service offered for sale such as, but not limited to, hot dogs, hamburgers, ice-cream cones, shoes or automobiles;

(o)

Roof signs (excepting allowable mansard roof and parapet signs and religious symbols incorporated as part of the building plan for a steeple or other similar structural component of a place of worship). No sign or portion of a sign shall project more than four (4) feet above a roof line or deck line on buildings with mansard roofs or parapets. In all cases, no sign or portion of a sign shall be located closer than one (1) foot from the top of a parapet wall or mansard roof. Indian River County is located in a Florida coastal region confronted with the annual threat of hurricanes and related destructive natural events. Therefore, special limitations against rooftop signs are deemed within the public interest in order to minimize future hazard potential;

(p)

A sign which is affixed to, attached to, or located on a parked vehicle or trailer such that the sign is visible from a public right-of-way, unless such vehicle or trailer is parked in a designated parking area and is used in the normal day-to-day operations of the premises business or unless said vehicle or trailer is involved in a visit to the site related to regular business operations. An electronic sign which is affixed to, attached to, or located on a vehicle or trailer shall not be activated when such vehicle or trailer is parked. This prohibition does not apply to signs required by law, ordinance or regulation. The intent of this prohibition is to prohibit vehicles or trailers from being utilized as on-premise or off-premise signs except as incidental to bona fide vehicle use.

(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 92-39, § 30, 9-29-92; Ord. No. 2012-030, § 3, 7-10-12)

No variance shall be granted to subsections 956.14(1) through 956.14(5).

(1)

Construction standards.

(a)

Compliance with building code. All signs installed within the county limits shall be constructed in accordance with the county's adopted building code.

(b)

Compliance with electrical code. All signs using electrical current shall comply with the county's adopted electrical code.

(2)

Maintenance. All signs shall be maintained by the owner as follows: the sign must be structurally sound and in good mechanical repair, free of holes, with no loose or missing parts. If a sign is found to be structurally unsound or inconsistent with the approved sign plan, it shall be repaired, replaced or removed. The code enforcement officer may order the removal after authorization from the code enforcement board by and at the expense of the owner or lessee of any sign that is not properly maintained.

(3)

Signs not to constitute a traffic hazard. No signs shall be placed at any location in the county where it may interfere with or obstruct free and clear vision for pedestrians or vehicular movement, or be confused with any authorized traffic sign, signal or device. Any such sign shall be removed at the direction of the code enforcement officer and at the expense of the owner or lessee.

(4)

Signs not to encroach electrical utility clear zone. No signs shall be placed closer than eight (8) feet from the nearest part of any utility pole which supports electrical transmission lines. No signs shall be placed any closer than eight (8) feet from the nearest part of any electric transmission line. If the National Electric Safety Code is now or hereafter more restrictive than the provisions of this subsection, its more restrictive provisions shall supersede the provision herein.

(5)

Illuminated signs.

(a)

The light from any illuminated sign or from any light source shall be shielded and directed away from abutting properties and shall not impair the vision of motorists.

(b)

No signs except message center signs and time and temperature signs shall have exposed fluorescent lighting.

(c)

No signs shall be displayed that are fluorescent or phosphorescent. No light sources such as strip lighting or streamers shall be allowed along roof lines or above the roof. No sign shall have a light source which exceeds the following criteria for light intensity. Reflective vinyl sheeting shall be exempted from this chapter.

(d)

No flashing signs shall be permitted, except time and temperature signs, public signs and electronic message centers.

Figure 1: Thresholds for Light Intensity
Maximum Light Intensity By Zoning District

(6)

Height of and distance separating signs. No part of any sign affixed to a building shall exceed the height of the building to which the sign is affixed. The height of the building shall be measured exclusive of elevator shafts and/or air conditioning condensing units and/or cooling towers. The height of freestanding signs is controlled for respective zoning districts in section 956.16. Distance requirements in this section shall be measured from the nearest part of any sign (or its structure) to the nearest point of the closest applicable setback line, property line, roof line, or other applicable restricting line or point of separation (including distance between signs) or height limitation.

(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 92-39, § 31, 9-29-92)

The requirements of this section apply to temporary signs erected off-premises that are broader in geographic scope and number than temporary signs exempt from permitting under subsection 956.11(2)(h) of this chapter. For purposes of this section, such temporary signs are posted countywide typically for election campaigns or announcing other temporary events, such as fairs, shows, concerts, grand openings, or seasonal sales. Said temporary signs shall require issuance of a permit by the code enforcement official, except as otherwise specified herein. Prior to the placement of any of the described temporary signs all relevant provisions of this chapter shall be satisfied.

(1)

Sign permit required. Except for an on-premises yard or window sign posted by an owner on his or her property meeting the criteria of subsection 956.11(2)(p) or exempt signs meeting the criteria of subsection 956.11(2)(h), no temporary sign shall be displayed in the unincorporated area of Indian River County unless a county sign permit has been obtained subject to the provisions of this section. A single overall sign permit may be obtained for placement of more than one (1) temporary sign, including multiple signs displayed as part of a countywide campaign or advertisement of a temporary event. No more than twenty (20) signs shall be displayed in the unincorporated county.

(2)

Application. The applicant shall submit a written application on a form to be provided by the code enforcement official which stipulates the conditions under which the temporary sign(s) are being requested. In addition to sign application information required pursuant to section 956.05, the application should include the following:

(a)

Duration of the temporary event. Include dates of commencement and termination of the special event or election;

(b)

Sign distribution. Include the proposed distribution of signage and such other information as the county may require to ensure consistency with the spirit, intent, and purpose of this chapter;

(c)

Responsible agents. Identify the name of the sponsoring entity and principal contacts responsible for erecting and removing signage.

(3)

Duration of sign display restricted. Temporary signs may be erected for a period of time concurrent with the timeframe of the approved event. If the temporary event relates to any election, the event period shall be considered the day after the deadline for qualifying for elective office to five (5) days after the election.

(4)

Temporary signs in residential zoning districts. Temporary signs for temporary events are allowed in residential districts, as defined in chapter 901, definitions, subject to the following provisions:

(a)

One (1) sign per temporary event is allowed per lot or parcel of land. The allowable signage shall not exceed nine (9) square feet per sign;

(b)

Signs shall not be illuminated and shall be freestanding;

(c)

Signs shall be located wholly on the private property and shall be placed at least five (5) feet from all rights-of-way and fifteen (15) feet from all other property lines, and shall not exceed five (5) feet in height.

(5)

Temporary signs in nonresidential zoning districts. Temporary signs for temporary events are allowed in nonresidential zoning districts subject to the following provisions:

(a)

One (1) sign per temporary event is allowed per lot or parcel of land. The allowable signage shall not exceed sixteen (16) square feet per sign;

(b)

Signs shall be located wholly on the private property and shall be placed at least five (5) feet from any right-of-way and fifteen (15) feet from all other property lines and shall not exceed ten (10) feet in height.

(6)

Compliance with conditions of sign(s) placement and removal. The applicant shall place signs in a manner consistent with the terms of county sign regulations and remove the same pursuant to the schedule approved as a condition of permit approved. In addition, the applicant shall agree to conditions necessary to ensure that potential issues identified by the county shall be effectively managed in order to promote the public safety, avoid excessive proliferation of signage, and protect the economic and business climate and appearance of the community. Concerning the placement and removal of temporary event signs, the following shall apply:

(a)

All temporary signs must be removed within five (5) days after the event;

(b)

The placement of temporary signs upon any tree, utility pole, or similar object is prohibited;

(c)

The placement of any temporary sign without permission of the owner of the property upon which the sign is placed is prohibited;

(d)

The placement of any temporary sign in a public or private road right-of-way is prohibited; however, the public works department may approve placement of temporary traffic/directional signs within rights-of-way in accordance with subsection 956.11(2)(b). For purposes of this regulation, the road right-of-way line shall be deemed to be the edge of sidewalks or utility poles furthest from the road. Where no such structure(s) are present, the right-of-way line shall be deemed to be twenty (20) feet back from the near edge of roadway pavement or, if unpaved, the near edge of unpaved roadbed surface.

(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 95-10, § 22, 5-31-95; Ord. No. 98-9, § 3C, 5-19-98; Ord. No. 2012-030, § 4, 7-10-12; Ord. No. 2017-002, § 3, 3-7-17)

On-premise active subdivision or real estate development may have signs erected subject to compliance with the following conditions in addition to other applicable provisions of the sign ordinance. For purposes of this section, an active subdivision or real estate development is a subdivision or development with an approved project site plan or final plat for development that received county approval within the past three (3) years.

(1)

Character of sign. Such signs shall not exceed forty-eight (48) square feet except in single-family residential districts where they shall not exceed twenty-four (24) square feet for model homes and sales offices only. One (1) additional sign may be erected on a site having a street frontage in excess of three hundred (300) feet. Such sign must be located on the premises of the developing project or subdivision, at least five (5) feet from all rights-of-way, and at least twenty (20) feet from contiguous property lines of adjacent landowners. These signs may be illuminated.

(2)

Number of signs permitted. Only one (1) such sign per each authorized agent of the developer or owner (including builder) of ten (10) lots or more within the development, plus one (1) additional sign for an authorized agent of fewer than ten (10) lots within the development, shall be permitted for each common roadway along the perimeter of the development. Such sign must be located on the premises of the development, at least five (5) feet from all rights-of-way, and at least twenty (20) feet from contiguous property lines of adjacent landowners. These signs may be illuminated.

(3)

Filing of plat and/or site plan. Prior to the erection of such a sign, an approved preliminary plat or a site plan for the development, as applicable, shall be placed on file with the community development department.

(4)

Authorization for sign placement. Only the exclusive agent of the developer or owner of the property shall be authorized to place a sign on the property. The property owner's signed authorization consenting to the placement of a sign representing an exclusive real estate agent on such premises shall be filed with the community development department prior to the placement of the agent's sign.

(5)

Time limitation. Signs shall be displayed no longer than three (3) years after county approval of the project site plan (or similar development plan) or final plat for the development, or until the last unit is under contract for sale, whichever occurs first.

(Ord. No. 98-9, § 3D, 5-19-98; Ord. No. 2012-030, § 5, 7-10-12; Ord. No. 2017-002, § 4, 3-7-17)

Editor's note— Ord. No. 2017-002, § 4, adopted March 7, 2017, changed the title of § 956.15.1 from "Regulations for active subdivision or real estate development signs" to read as herein set out.

The schedule of regulations for permanent signs requiring permits is stipulated in Table 1 which is located at the end of this chapter. The tabular schedule denoted in Table 1 identifies regulations governing the following sign characteristics: 1) maximum cumulative signage; 2) maximum signage on a single face; 3) maximum height; 4) required setbacks from the right-of-way and property lines; 5) number of allowable signs per street frontage. The following subsections describe supplemental regulations for managing permanent signs requiring permits, excepting that signs at a single-family residence or duplex shall not require a permit. The terms "residential zoning districts" and "nonresidential zoning districts" are defined in Chapter 901, Definitions.

(1)

Identification signs for residential zoning districts.

(a)

Single-family residence or duplex. A sign indicating only the name and/or address of the occupant or premises for each dwelling unit may be installed without a permit provided each sign has a maximum area not exceeding two (2) square feet, excluding mail-boxes, and shall not be higher than five (5) feet above the crown of the nearest road unless the sign is mounted flush against the wall of a building.

(b)

Residential developments of three (3) units or more. Signs shall be restricted to one facade or freestanding sign per street frontage indicating the name and/or address of the premises, provided the signs comply with the criteria cited in Table 1 "Schedule of Regulations For Permanent Signs Requiring Permits." Each phase of a planned development shall be construed as a separate development.

(c)

Subdivision entrance signs. One such sign may be permitted an each side of the principal entrance to a residential subdivision. All such signs shall satisfy Table 1 "Schedule of Regulations For Permanent Signs Requiring Permits." Each phase of a planned development shall be construed as a separate development.

(d)

Identification signs for approved nonresidential uses within residential districts.

1.

For approved uses other than residential uses, one (1) permanent freestanding or façade identification sign per street frontage shall be permitted on any premises. This provision shall not be construed to include home occupation uses, unless such uses are exempt per Section 912.05 of the Code. Such signs shall comply with Table 1 "Schedule of Regulations For Permanent Signs Requiring Permits."

2.

Registered real estate brokers operating an office at their residences as a home occupation, who are not exempt under Section 912.05 of the Code, may place an identifying sign containing letters not more than one (1) inch high on the exterior of the building.

(2)

Identification signs for nonresidential districts.

(a)

On-premise freestanding signs in nonresidential districts, excluding commercial/industrial/institutional complexes. Such signs shall be limited to message center signs, time and temperature signs, or identification signs limited to the name of the business, services performed, facilities available, commodities sold, provided, or obtained on the premises where the sign is located. A nonresidential use within a nonresidential district may erect freestanding and facade signs provided that said signs comply with the sign regulations of this chapter, including Table 1 "Schedule of Regulations For Permanent Signs Requiring Permits."

(b)

Commercial/industrial/institutional complexes. A commercial/industrial/institutional complex, as defined in Chapter 901, Definitions, may include freestanding, facade, and under-canopy signs complying with regulations governing signage for commercial/industrial/institutional complexes which are contained in Table 1, "Schedule of Regulations for Permanent Signs Requiring Permits."

(c)

Building facade signs in nonresidential districts. Signs attached to building facades shall include, but not be limited to, wall signs, painted signs, marquee signs, canopy signs, awning signs, parapet signs, overhanging signs, projecting signs, and pylon signs. In calculating the area of a building facade, no additional credit shall be given for the surface of any canopy or awning. The calculation of the allowable facade credit shall always be calculated on a flat, two (2) dimensional plane and shall not include that part of any parapet, marquee, pylon or other surface which extends above the roof line. A mansard roof shall be classified as a parapet wall. If the lower edge of a slanted roof other than a mansard roof extends below the roofline, the allowable facade area for the purpose of computing signage shall be the area of the wall. All facade signs shall comply with Table 1 "Schedule of Regulations for Permanent Signs Requiring Permits" and the below stated provisions.

1.

Street facade sign area. There shall be an allowable amount of cumulative sign area for signs attached to the frontage street facade of a building, including permanent window signs not in excess of that percentage shown on the "Street Facade Sign Area Graph" and the "Street Facade Sign Area Table," both of which are attached hereto and made a part hereof.

2.

Sign area for facade other than frontage street facades. There shall be an allowable amount of cumulative sign area for signs on facades other than the frontage street facade not in excess of fifty (50) percent of that percentage on the Street Facade Sign Area Graph and Table.

3.

Sign area for facades facing residentially zoned property. When said facade faces residentially zoned property, the allowable amount of cumulative sign area shall not exceed twenty-five (25) percent of the area allowed as shown on said Street Facade Sign Area Graph or Table.

4.

Compliance with standard building code. Wall signs shall comply with Section 2303.3 of the Southern Standard Building Code, as may be amended.

5.

Restriction on placement of facade signs. No wall sign shall project above the top of the wall to which it is attached. Signs may be placed in whole or in part upon a parapet, or wholly on the vertical faces of a marquee, but no part of any such sign shall project above the upper edge of the parapet or marquee, nor shall any part of a sign project below the bottom of the vertical face of the marquee.

6.

Marquee or under canopy sign. Notwithstanding the above criterion, one identification sign may be attached to the bottom of a marquee at a business entrance, in which case the sign shall not exceed six and one-half (6½) square feet in area, shall maintain an eight-foot minimum clearance above the sidewalk grade, and shall not extend beyond the marquee's perimeter or over public property or public right-of-way.

(d)

Overhanging or projecting signs. One projecting sign per structure is permitting within nonresidential districts and only on a structure having no freestanding sign. No part of a projecting sign or advertising structure shall project more than eighteen (18) inches from the wall of a building and shall not project over a public sidewalk or street right-of-way. No sign or part of a sign or its supporting structure shall cover any window or part of a window. No projecting sign or supporting structure shall be located in such a manner as to obstruct window light and vision. No projecting sign shall extend above the top of the wall or parapet wall (whichever is greater in height).

(e)

Off-premise directional signs. Off-premise directional sign shall be permitted after satisfying the following conditions:

1.

Off-premise directional signs area. Sign area shall comply with Table I "Schedule of Regulations for Permanent Signs Requiring Permits," except that on I-95 the maximum area shall not exceed three hundred (300) square feet.

2.

Sign location. Off-premise directional signs shall be located in the CG, CH, IL, or IG zoning districts. Off-premise signs may be allowed on the same site as on-premise signs provided that a one thousand-foot separation distance is maintained between the off-premise sign and any other sign on the site.

3.

Spacing of signs. Off-premise directional signs visible to the same flow of traffic on the same side of the main traveled way shall not be closer than one thousand (1,000) feet apart. More than one off-premise sign may be permitted on a single parcel provided such signs are spaced a minimum distance of one thousand (1,000) feet from all existing freestanding signs, except that on Interstate 95 sign separation distance shall be a minimum of one thousand five hundred (1,500) feet.

The minimum distance between two (2) off-premise signs located at the intersection of two (2) streets and facing different flows of traffic at right angles to each other shall be one hundred (100) feet apart. Back-to-back signs are permitted.

4.

Sign height. Off-premise signs shall not exceed the height limitations for the district in which the sign is located, except that such signs located on Interstate 95 shall not exceed fifty (50) feet in height. In addition, section 956.18(2) provides for the board of county commissioners to review and take action on any such signs which may be protected by the Federal Highway Beautification Act of 1965 and/or Chapter 479, Florida Statues.

5.

Off-premise directional signs for nonresidential subdivisions. Off-premise directional signs may be permitted within nonresidential subdivisions upon compliance with the following performance standards:

a.

Only one such sign shall be located on a lot or parcel adjacent to the principal entrance in the subdivision;

b.

The sign shall be permitted for the exclusive use of all consenting owners or tenants within the subdivision;

c.

The sign shall comply with Table I "Schedule of Regulations for Permanent Signs Requiring Permits";

d.

The sign shall be set back from an adjacent property line a minimum distance of twenty (20) feet;

e.

The sign may be placed on an existing permitted freestanding sign; however, if a separate sign is erected, such sign shall have a minimum separation distance of ten (10) feet from any existing freestanding sign;

f.

Except as provided in the following paragraph, the owner of the property on which the sign is located shall apply for a sign permit and shall be responsible for compliance with the provisions of this chapter;

g.

For nonresidential subdivisions requiring plat approval, the developer shall designate a tract or easement where the sign shall be located. Such tract or easement shall be dedicated to a property owners association which shall be responsible for obtaining a sign permit and for compliance with the provisions of this chapter.

(3)

Modifications to the schedule of regulations. An applicant may request a modification to the schedule of regulations as a bonus for the applicant's voluntary incorporation of aesthetic design considerations and a voluntary reduction in the number and cumulative area of permanent identification signs erected.

In order to receive a modification, the applicant shall submit a plan of all existing and proposed signs on the subject site to the director of community development. The plan shall comply with the following criteria:

(a)

The total number of requested permanent signs shall be less than the allowable number of permanent freestanding and/or facade identification signs requiring permits.

(b)

The cumulative area of the signage proposed for the site, including any existing signage, shall be at least ten (10) percent less than the maximum allowable cumulative area.

(c)

The plan for signage shall incorporate a design which is consistent with accepted principles of street graphics, including consideration of sign placement, size, and overall relation to the subject site and adjacent properties.

A modification in the schedule of regulations shall be approved by the director of community development.

(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 2021-010, § 4, 8-17-21)

(1)

Continuance of existing nonconforming signs. Subject to section 956.12 "Prohibited Signs," signs in place and properly maintained at the time this chapter is enacted which do not comply with all the provisions of this chapter but which conformed to sign regulations existing prior to enactment of this chapter or which were authorized by Indian River County prior to the effective date of this chapter may be continued subject to the termination provisions of section 956.17(3). No such nonconforming signs shall be changed in any manner that increases the nonconformity. The provisions of this section shall not be construed to include banners and flags used to attract attention to industrial, commercial or residential developments excepting flags pursuant to section 956.11(2)(i).

(2)

Alterations to nonconforming signs. No existing nonconforming sign shall be structurally altered, unless brought into conformity with the requirements of this chapter. However, this restriction shall not apply to a change of copy.

(3)

Termination of nonconforming signs. Nonconforming signs shall be terminated and removed under the following conditions:

(a)

By abandonment. Abandonment of a nonconforming sign shall require the real property owner to immediately remove such sign or bring it into conformance.

(b)

By violation. Any violation of this chapter other than the existing nonconforming status of a sign at the time of enactment of this chapter shall require the owner to immediately remove such sign.

(c)

By destruction, damage, or deterioration. The use of any nonconforming sign shall terminate whenever the sign is damaged or destroyed beyond fifty (50) percent of the replacement cost of the sign from any cause whatsoever, or becomes substandard as defined under any applicable county regulation, or becomes a hazard or danger, and upon termination shall be removed.

(Ord. No. 90-16, § 1, 9-11-90)

(1)

General policy regulating removal. In accordance with section 956.19, the code enforcement officer shall notify the owner or other persons having control or authority over a sign prohibited pursuant to section 956.12 and specify a reasonable time for removal or other required action regarding the sign. Notwithstanding this provision, hazardous signs or any sign placed upon public property or within a public right-of-way without proper authorization from the county may be removed immediately by the code enforcement officer without prior notice. The code enforcement officer shall allow a prohibited sign to remain only for the minimum time reasonably necessary pursuant to code enforcement procedures incorporated into the Code of Laws Ordinances of Indian River County.

(2)

Continuation and/or removal of existing signs or grandfather clause. All existing signs or advertising structures properly permitted and conforming to the sign regulations of Indian River County in effect prior to the adoption of this chapter may continue in use in accordance with other provisions of this chapter and Chapter 904, Nonconformities, providing for the regulation of nonconformities.

The Federal Highway Beautification Act of 1965 and Chapter 479, Florida Statutes, provide that signs located on interstate or federal aid primary system highways in compliance with applicable federal and state laws must be compensated for forced removal. The board of county commissioners shall consider the specific costs and benefits associated with the removal of any sign protected by the referenced federal and state laws. The county shall consider the following factors and determine the most cost effective, equitable, and legally sustainable course of action:

(a)

The availability of state and/or federal funds for enforcement of the respective state and/or federal laws (i.e., compensation to sign owners);

(b)

Availability of local funds to implement the subject state and/or federal laws;

(c)

Evolving state and federal legislation and case law which may assist in resolving issues of equity and public interest; and

(d)

Alternate cost effective programs. Such programs may include coordinating a public/private partnership in drafting uniform guidelines for accommodating limited off-premise signage along interstate highways or other federal aid primary system highways. Such a program may include adoption of a design and policy manual for incorporating off-premise signage on uniformly designed directory signs situated at strategically located areas along such major roadways.

(3)

Unlawful signs. Any sign installed prior to the effective date of this chapter which required a permit or required other approval from the county, but no proper permit or permission was obtained, is an unlawful sign and shall be subject to removal in accordance with this chapter unless a permit is obtainable and is obtained under this chapter after due notice pursuant to code enforcement procedures.

(Ord. No. 90-16, § 1, 9-11-90)

Table 1.
Schedule of Regulations for Permanent Signs Requiring Permits

1 No permit required for single-family residential structure duplex identification sign. Also mailboxes do not require a permit within any district.

2 One additional freestanding sign may be erected on a site having a major street frontage in excess of three hundred feet. Where two (2) or more signs are placed along a single street frontage, such signs shall have a one hundred (100) feet minimum distance of separation.

3 One freestanding sign shall be permitted plus that allowed in other sections of this ordinance.

4 The height of freestanding signs shall be measured from the crown of the nearest road. The height of facade signs or portions thereof shall not exceed the height of the building to which it is attached.

5 A projecting sign may project no more than eighteen (18) inches from the wall of a building, shall not project over a public street right-of-way or sidewalk, and shall not project above the facade or parapet wall of the building to which it is attached.

6 Only one projecting sign may be erected in lieu of an allowable freestanding sign.

7 Up to 50 feet allowed where applicant demonstrates that a taller sign is oriented so as to be seen by I-95 motorists approaching the interchange.

Editor's note— The foregoing schedule of regulations for signs was an attachment to Ord. No. 86-31, adopted May 7, 1986.

(Ord. No. 98-9, § 3E, 5-19-98)

Table 2.
Street Facade Sign Area

Indian River County has adopted special development regulations for designated corridors in the unincorporated county, including special sign regulations in addition to those contained in this chapter. The special sign regulations for designated corridors are contained in the following sections of Chapter 911, Zoning:

(1)

Section 911.18. Wabasso Corridor regulations.

(2)

Section 911.19. SR 60 Corridor special development regulations.

(3)

Section 911.20. North Barrier Island Corridor special development regulations.

(4)

Section 911.21. Roseland Corridor regulations.

(5)

Section 911.22. Other corridors special development regulations.

(Ord. No. 2012-030, § 6, 7-10-12)