(a)

The intent of this article is to establish limitations on signs to ensure that they are appropriate to the land, building or use to which they are appurtenant and are adequate, but not excessive, for their intended purpose. Any display of off-premises, outdoor advertising (billboards) is considered inappropriate to the character and proper development of the City, and it is intended by this article that such display shall not be permitted within the City.

(b)

Compliance with the zoning ordinance. It is intended that all signs, temporary or permanent, erected, placed or used within the corporate limits of the City and visible from any land, thoroughfare, beach or waterway shall comply with the regulations set forth in this article. All existing signs which comply with this article shall hereinafter be subject to the provisions of this article. Signs existing on the effective date of the ordinance from which this article is derived which have a valid permit or would have been entitled to one, but do not comply with this article, shall hereinafter be designated as legal nonconforming signs and shall be subject to the provisions of section 5-4-49. Signs existing on the effective date of the ordinance from which this article is derived which do not have a valid permit or would not have been entitled to one, shall be considered illegal nonconforming signs and shall be subject to removal by the City as prescribed in section 5-4-140.

(Code 1994, § 5-4-131)

(a)

Required. No sign, except for those signs described in subsection (b) of this section, shall be erected, placed, altered, painted or repaired within the corporate limits of the City unless a permit is secured from the City in accordance with the provisions of this article.

(b)

Exceptions. The following signs, or alterations or repairs to such signs, shall be exempt from the permit requirement in subsection (a) of this section:

(1)

An official sign or notice issued by any court, public agency or office.

(2)

Directional, warning or information signs authorized by the City or any agency of the State.

(3)

"No Trespassing," "No Hunting," "No Loitering" and like signs not exceeding one (1) square foot in sign area.

(4)

Window signs which comply with this article.

(5)

Real estate signs and construction signs which comply with this article.

(6)

Political signs which comply with this article.

(7)

The changing of copy on a permitted changeable copy sign.

(8)

The painting of the surface of a sign face or sign structure of a permitted sign which conforms to this article so as to maintain the appearance of such sign as it was permitted.

(9)

Sandwich board signs which comply with this article.

(Code 1994, § 5-4-132; Ord. No. 2011-01, § 1, 4-26-2011)

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

(a)

Sign means a structure or device designed or intended to attract attention to, or convey information to, or co convey information about the subject thereof, to the public, and which is visible from a public right-of-way, public access, or public beach

(b)

Types of signs.

(1)

Awning or canopy sign means a sign that is mounted, painted, or attached to an awning or canopy. See Figure H-1.

(2)

Banner sign means a sign made of fabric or any nonrigid material with no enclosing framework.

(3)

Building-mounted sign means a sign attached to, painted on, inscribed, or deriving its major support from any part of a building, including a canopy sign, projecting sign and wall sign.

(4)

Directional sign means a sign authorized by the City or any agency of the State that provides information about, or directions to areas and activities within or outside the City.

(5)

Freestanding sign means a sign supported by one (1) or more columns, uprights or braces, in or upon the ground and wholly independent of any building or vehicle. A sign attached to a flat surface such as a fence or wall not a part, of the building shall be considered a freestanding sign. See figure H-1.

(6)

Off-premises sign means an outdoor advertising sign or billboard which directs attention to an activity, commodity, service or event that is conducted, sold or offered at a location other than the premises on which the sign is located.

(7)

On-premises sign means a sign which directs attention to a business, commodity, service or event that is conducted, sold or offered on the premises on which the sign is located.

(8)

Projecting sign means a building-mounted sign attached to and projecting from the wall or face of a building. See figure H-1.

(9)

Temporary sign means any sign or information transmitting structure intended to be erected or displayed for a limited period.

(10)

Wall sign means a building-mounted sign attached to, painted on, inscribed, or deriving its major support from a wall, and which projects less than twelve inches (12") from the wall. See figure H-1.

(11)

Window sign means a sign painted, stenciled, or affixed on or inside a window, which is visible from a public right-of-way or public beach access. See figure H-1.

(12)

Permanent real estate rental sign means a sign that advertises real estate for rent for a term of less than one (1) year and which is not removed from view at the time of each rental.

Figure H-1

(13)

Portable sign means a sign not permanently affixed to the ground.

(14)

Sandwich board sign means a two-sided, A-frame style self-supporting sign, which is not permanently affixed to the ground and is designed to be moveable.

(c)

Business establishment. A business duly licensed with a current City business license.

(d)

Frontage. The length of the property line of a lot which abuts a public right-of-way.

(e)

Height of sign. The vertical distance measured from the average elevation of the nearest road centerline to the top of the sign face or sign structure, whichever is greater.

(f)

Nonconforming sign. Any sign which has a valid permit, was erected or displayed prior to the effective date of the ordinance from which this article is derived or any subsequent amendment hereto and does not conform with this article or any subsequent amendments thereto, or the sign restrictions which preceded this article. Nonconforming signs shall be regulated by section 5-4-49.

(Code 1994, § 5-4-133; Ord. No. 2011-01, § 2, 4-26-2011)

Sign area shall be calculated as the entire area within a continuous perimeter, enclosing the extreme limits of sign display, including any frame or border. Curved, spherical, or any other shaped sign face shall be computed on the basis of actual surface area. The area of signs composed of individual letters, numerals or other devices shall equal the area of the smallest rectangle or other geometric figure encompassing said letter or devices. The calculation for a double-faced sign shall be one (1) face only. Double-faced signs shall be so constructed that the perimeter of both faces coincide and are parallel and not more than twenty-four inches (24") apart.

(Code 1994, § 5-4-134)

(a)

Content. Any signs, display or device allowed under this article may contain, in lieu of any other copy, an otherwise lawful noncommercial message that does not direct attention to a business operated for profit, or to a commodity of service for sale, and that complies with the size, construction, lighting, and location requirements of this article.

(b)

Location.

(1)

No sign shall be erected or displayed in a public right-of-way, public beach or public beach access, salt marsh area or on land subject to periodic inundation by tidal salt water, in any critical area as defined by the regulations promulgated by the State Department of Health and Environmental Control, Office of Ocean and Coastal Resource Management (OCRM), or its successor, or in wetlands as defined by the Federal Clean Water Act and/or as defined by the regulations promulgated by the OCRM, unless authorized by the City and any other agency having jurisdiction over the subject area.

(2)

Setback from right-of-way. All freestanding signs must be set back at least five feet (5') from the street right-of-way. Awning, canopy or projecting signs shall not project over a public right-of-way. No signs shall be located so as to obstruct or impair driver vision at driveways or street intersections.

(c)

Construction. The design, selection of materials, supports, installation, and electrical wiring for all permanent signs shall conform to the Standard Building Code and the National Electrical Code.

(d)

Illumination. Signs may be illuminated only by steady, stationary lights of reasonable intensity. Externally spotlighted signs shall utilize only white lights which are shielded from all adjacent residential buildings, beach areas and streets, directed solely at the signs, and not of such brightness so as to create a glare hazardous to pedestrians or auto drivers or so as to create a nuisance to adjacent residential area. Illuminated signs within residential zoning districts must be shielded to prevent illumination from being cast into residences within one hundred feet (100') thereof. Neon signs are considered excessive and are prohibited, except that one (1) neon "Open" and one (1) neon "Closed" sign shall be allowed for each business.

(Code 1994, § 5-4-135)

(a)

Residential uses. Noncommercial signs, not exceeding eight square feet in sign area, and five feet in height, are allowed.

(b)

Permanent real estate rental signs. One (1) sign with surface dimensions not exceeding eighteen and one-half inches (18½") in width and twelve and one-half inches (12½") in height, with an maximum sign height of forty inches (40"), and attached to the building or mounted on a post or rod. Such signs shall not be located closer than five feet (5') to the boundary of the right-of-way of any abutting street, road or alley.

(c)

Churches or other institutional uses. One (1) sign, bulletin, or announcement board, or entrance marker for each lot or parcel not exceeding twenty (20) square feet in sign area, except that if the street frontage of such lot or parcel exceeds one hundred feet (100'), one (1) such sign for each one hundred feet (100') of frontage computed to the nearest 100, but in no event more than two (2) such signs for each such lot or parcel. No such sign shall exceed a height of seven feet (7').

(d)

Commercial and recreational uses within the PDD. Buildings used for commercial or recreational uses within the PDD may have canopy or awning signs with a maximum sign area on each awning or canopy of three (3) square feet.

(e)

Nonconforming uses. One (1) freestanding or building sign advertising legal nonconforming, nonresidential uses on the lot not to exceed five (5) square feet of sign area. A freestanding sign, if used, shall not exceed six (6) feet in height.

(f)

Subdivision entrance signs. Residential subdivisions may have one (1) sign at the entrance identifying only the subdivision, not exceeding twenty-eight (28) square feet in sign area and not more than seven feet (7') high.

(Code 1994, § 5-4-136; Ord. No. 1994-13, 8-30-1994; Ord. No. 2015-15, § 4, 2-23-2016)

Editor's note— Ord. No. 2015-15, § 4, adopted Feb. 23, 2016, changed the title of § 5-6-136 from Sign regulations for SR-1, SR-2 and PDD districts" to read as set out herein.

(a)

Freestanding signs for nonresidential uses. Regulations for freestanding signs for nonresidential uses in the LC, GC-1, GC-2 and GC-3 district areas are as follows:

(1)

A lot containing a structure with more than thirty thousand (30,000) square feet of heated floorspace shall be permitted one (1) freestanding sign. Such sign shall not exceed a height of twenty-five (25) feet and shall not have more than one hundred eighty (180) square feet of sign area.

(2)

A lot containing a structure with thirty thousand (30,000) square feet or less of heated floorspace shall be permitted one (1) freestanding sign. Said sign shall not exceed a height of twenty feet (20') or a sign area of fifty (50) square feet. For lots containing more than one (1) business establishment, the sign area of a freestanding sign for that lot may be increased five (5) square feet for each additional business establishment to allow a freestanding sign of up to eighty-five (85) square feet.

(Example: A lot which contains four business establishments as defined by this article, within ten thousand (10,000) square feet of heated floorspace, is permitted to have one (1) freestanding sign with a sign area not exceeding sixty-five (65) square feet.)

(b)

Freestanding signs for residential uses. Multifamily developments may have one (1) sign per driveway, but no more than two (2) signs, identifying only the multifamily development, not exceeding twenty-eight (28) square feet in area and seven feet (7') in height.

(c)

Building-mounted signs. Any combination of wall signs, projecting signs, awning or canopy signs with a total sign area shown below is permitted, except that the maximum sign area permitted on each awning or canopy is three (3) square feet. Projecting signs shall not project more than five feet (5') from the building facade nor have a bottom less than ten feet (10') from grade and top no higher than the eaves of the facade on which the sign is mounted.

(Example: A building set back forty-five (45) feet from the front property line and located on a lot with sixty-five (65) feet of frontage, is allowed a total sign area of sixty-five (65) square feet for any combination of wall and projecting signs.)

(d)

Window signs. Window signs, which otherwise comply with this article, may be displayed without a permit, provided that no more than twenty-five (25) percent of the area of a window is occupied by said signs.

(e)

Sandwich board signs. Commercial buildings in the LC and GC districts may have one (1) sandwich board sign per business, which may be displayed without a permit, provided that the sandwich board shall be no larger than six (6) square feet, shall not exceed a height of forty (40) inches, shall be removed during non-business hours, shall be setback at least five (5) feet from all property lines, shall be located no more than fifteen (15) feet from the primary public entrance door to the business establishment, and shall not obstruct the pedestrian way or create a hazard to the traveling public.

(Code 1994, § 5-4-137; Ord. No. 2011-01, § 3, 4-26-2011; Ord. No. 2011-07, § 5, 6-28-2011)

The following types of signs are classified as temporary signs, and are allowed as follows:

(a)

Building-mounted Grand Opening and Going Out of Business signs, not exceeding thirty-two (32) square feet in sign area, may be erected for businesses and services in nonresidential districts for one (1) period only not to exceed thirty (30) days.

(b)

Construction signs. For any construction, remodeling, or landscaping activity, signs which identify the designer, contractor, developer, finance organization, subcontractor or materials vendor involved with the activity may be erected on the construction site upon the issuance of a building permit, or when work begins if no building permit is required, and shall be removed within thirty (30) days following the issuance of a certificate of occupancy (CO), or completion of work if no CO is required. Construction signs shall not exceed a maximum sign area of twenty (20) square feet in residential districts or thirty-two (32) square feet in nonresidential districts and shall not require the issuance of a sign permit.

(c)

Signs advertising real estate for sale or for rent for a term of one (1) year or more shall comply with the following requirements:

1)

No more than one (1) sign advertising real estate for sale and one (1) sign advertising real estate for rent shall be allowed per parcel of land. Provided, however that no temporary for rent sign is allowed on a property which has a permanent real estate sign displayed. No off-premises signs advertising real estate for sale or for rent are allowed except that one (1) open house sign may be placed on the shoulder of a street right-of-way between the hours of 1:00 p.m. to 5:00 p.m. on Saturdays, Sundays, and City legal holidays.

2)

No sign shall exceed a maximum surface area of five (5) square feet in any zoning district.

3)

No on-premises sign shall be located closer than five feet (5') to the boundary of the right-of-way of any abutting street, road or alley.

4)

No sign located in any zoning district shall have a height greater than five feet (5').

5)

Any such signs shall be removed from view within fourteen (14) days from the date of the closing of the sale or the renting of the property, as applicable.

6)

The Zoning Administrator shall give one (1) written warning to the owner of any sign placed in violation of this subsection (c).

7)

Any person violating any provision of this subsection (c) at any property after written warning from the Zoning Administrator shall be guilty of a misdemeanor and punished as follows:

a)

For a first offense, by a fine of $20.00.

b)

For a second and each subsequent offense, by a fine of $50.00.

c)

Each day of such violation shall constitute a separate offense.

d)

Any violation hereunder, with or without warning, shall result in the immediate confiscation of all signs placed in violation hereof.

8)

No City business license shall be issued or renewed until all fines outstanding against the applicant are paid in full.

(e)

Signs announcing civic, recreational, philanthropic, educational, or religious events and not exceeding thirty-two (32) square feet of sign area, may be erected no more than fourteen (14) days prior to the announced event and shall be removed within two (2) days following the event.

(f)

Height. The maximum height of freestanding temporary signs shall not exceed eight feet (8'), while the lower edge shall not exceed four feet (4') in height.

(Code 1994, § 5-4-138; Ord. No. 2024-03, 7-23-2024)

The City Building Department is authorized to grant permits for repair, alteration, erection or placement of signs upon demonstration by the applicant that the sign or signs comply with the regulations of this article. Applicants for permits shall be accompanied by information necessary to adequately review the application for compliance, including but not limited to the following:

(1)

Scaled drawings showing the dimensions of the sign, method of construction and illumination, and, where applicable, the dimensions of the wall surface of the building to which it is to be attached;

(2)

The dimensions of the sign's supporting members;

(3)

The maximum and minimum height of the sign;

(4)

The proposed location of the sign in relation to the face of the building, in front or on which it is to be erected;

(5)

The proposed location of the sign in relation to the boundaries of the lot upon which it is to be situated;

(6)

The building frontage as it exists (or is to be constructed) on the lot, and the setback of the building from the front property line; and

(7)

For temporary signs, the length of time the sign will be displayed.

(Code 1994, § 5-4-139)

(a)

The Zoning Administrator and duly authorized staff shall be empowered to enter upon the premises on any person subject to this article for the purpose of enforcing the provisions herein. Any person violating provisions of this article shall be subject to penalties as specified in section 5-4-7.

(b)

For signs within any public right-of-way, public beach, public beach access or other public lands: Where the Zoning Administrator determines that a sign is illegal, abandoned, not being maintained, or no longer being used for the purposes under which the original permit was issued, the Zoning Administrator is authorized to remove the sign without notice to the owner thereof.

(c)

For signs on private property. Where it is determined by the Zoning Administrator that a sign is illegal, abandoned, not being maintained, or is no longer being used for the purposes under which the original permit was issued, the Zoning Administrator shall notify the owner of the violation. If the violation is not corrected within two (2) business days following notification, the Zoning Administrator may have the sign removed, and the landowner will be charged for the costs incurred by the City. The City may place a lien upon such owner's property and foreclose the same to collect the charges.

(Code 1994, § 5-4-140)

Except as may be specifically authorized by the City and any other government agency having jurisdiction over the subject area, it shall be unlawful for any person to erect, place or use within the City, when visible from any public way or beach, any of the following signs:

(1)

Off-premises signs, outdoor advertising signs and billboards.

(2)

Any signs within the CO conservation district unless authorized by the City or any agency of the State.

(3)

Signs which contain any moving, flashing, or animated lights, visible moving or movable parts, or give the appearance of animation.

(4)

Neon signs, except for "Open" and "Closed" signs.

(5)

Inflatable signs.

(6)

Roof signs. Signs erected upon, against, or directly above a roof or roof eaves, or on top of above the parapet.

(7)

Vehicle signs. A permanent or temporary sign affixed to, painted on or placed in or upon any parked vehicle, parked trailer or other parked device capable of being towed, which is displayed in public view under circumstances which indicate that the primary purpose of said display is to attract the attention of the public rather than to serve the business of the owner thereof in the manner which is customary for said vehicle.

(8)

Any sign which emits a sound, odor or visible matter.

(9)

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

(10)

Any sign or sign structure which obstructs the view of, may be confused with or purports to be a governmental or traffic sign.

(11)

Signs using the words "stop," "danger" or any other word, phrase, symbol or character in a manner that misleads, confuses or distracts a vehicle driver.

(12)

Electronic message boards. An electrical sign which utilizes lights or other electronic devices to form a message or messages capable of being electronically programmed or modified by electric processes.

(13)

Moving message boards.

(14)

Signs within a public right-of-way, public beach or public beach access.

(15)

Signs painted on or attached to trees, rocks or other natural features, telephone or utility poles or painted on the roofs of buildings visible from any public thoroughfare.

(16)

Abandoned or dilapidated signs.

(17)

Any sign which exhibits statements, words or pictures of obscene or pornographic subjects.

(18)

Portable signs, except for sandwich board signs which comply with the requirements in section 5-4-137(e).

(19)

Banner signs.

(20)

Political campaign signs promoting a political candidate or party within a public right-of-way.

(Code 1994, § 5-4-141; Ord. No. 2011-01, § 4, 4-26-2011; Ord. No. 2024-03, 7-23-2024)