For the purposes of this article certain words and terms shall be interpreted as follows:

Abandoned Sign. A sign is considered abandoned if a business advertised on that sign is no longer holds a business tax receipt, no longer has a certificate of occupancy, or is no longer doing business on that location.

Banner/Flag. A sign having characters, letters, illustrations or ornamentations applied to cloth, paper or fabric of any kind with only material for a backing. The term shall include any animated, inflatables, rotating and/or fluttering device designed to attract attention.

District shall mean the various zoning districts established and described by the land development code.

Electric. Any sign containing electric wiring. This does not include signs illuminated by an exterior floodlight source.

Erect shall mean to build, construct, attach, hang, place, suspend, affix and, this shall include the painting of wall signs.

Freestanding. A sign erected and maintained on a freestanding frame, mast or pole not attached to any building, and not including ground mounted signs.

Government Sign. A government sign is a sign that is constructed, placed or maintained by the federal, state or local government or a sign that is required to be constructed, placed or maintained by the federal, state or local government either directly or to enforce a property owner's rights.

Ground Mounted. A sign which extends from the ground or has support which places the bottom of the sign less than two (2) feet from the ground.

Height. Maximum height is the vertical distance between the uppermost portion of a sign and ground level and minimum height is the vertical distance between the lowermost point of a sign and ground level.

Highway Sign. A Freestanding sign or Integral Sign or Flat Mounted Sign that is erected and maintained within the view of motorists who are driving on a highway.

Integral. A sign that is embedded, extruded or carved into the material of a building façade. A sign made of bronze, brushed stainless steel or aluminum, or other material attached to the building façade.

Non-Conforming shall mean any existing sign which was lawful at the time of the enactment of the ordinance from which this article was derived but which does not conform to the provisions of this article and to the most recently enacted land development code of the Town.

Off site-sign. A sign which has no relation to the property it is located on.

Placement shall mean the location which a sign occupies on a lot or building.

Public Body shall mean any government or government agency of the Town, Brevard County, State of Florida, or the United States Government.

Replacing shall mean rebuilding, enlarging change in size, structure, or lettering other than maintaining original sign. Sign shall mean a device which gives information to people that see it.

Sign Area shall mean that area within a line including the outer extremities of all letters, figures, characters, and delineations, or within a line including the outer extremities of the framework or background of the sign, whichever line includes the larger area. The support for the sign background, whether it be columns, a pylon, or a building; or part thereof, shall not be included in the sign area. In measuring the area of a double-faced sign, only one (1) face shall be calculated to determine the total area.

Sign Construction Class shall mean the manner in which any sign type is constructed and/or located, and in this article shall include as defined below:

(1)

Animated, Spectacular or Intensely Lighted sign shall mean any sign of which all or any part thereof revolves, swings or moves in any fashion whatsoever, and any sign which contains or uses for illustration any light, lights or lighting device or devices which change color, flash or alternate, shows movement or motion, or change the appearance of said sign or any part thereof automatically, including wind operated devices, this also includes Electronic, LED, and Digitally operated devices.

(2)

Beacon Light shall mean any light with one (1) or more beams capable of being directed in any direction or directions, or capable of being revolved automatically, or capable of having any part thereof revolve automatically, or a fixed, flashing, or rotating high intensity light or beam, or light.

(3)

Detached shall mean a sign not attached to or painted on a building, but which is affixed to the ground. A sign attached to a flat surface such as a fence or wall not a part of a building, shall be considered a detached sign.

(4)

Flashing shall mean any sign on which the electrical lighting device or devices go on or off alternately, either all of such lights or lighting devices or part thereof. Any revolving illuminated sign shall be considered a flashing sign.

(5)

Marquee shall mean any sign attached to or projecting from a building, whether or not such a sign is capable of being raised or lowered to a position flat against a wall.

(6)

Portable shall mean any sign which is not securely and permanently attached to the ground or a building or other approved structure, such as banner/flag signs.

(7)

Projecting shall mean any sign that is affixed to any building, wall, or structure extending more than twelve (12) inches beyond such building, wall or structure. The term projecting sign includes a marquee sign.

(8)

Snipe shall mean any temporary sign of not over four (4) square feet in area.

(9)

Wall shall mean any sign which is erected on the wall of any structure or part of a structure and is not more than twelve (12) inches from that structure, including any sign which is painted or otherwise directly on the wall of any structure.

Sign, Double-Faced shall mean a sign with two (2) parallel or nearly parallel faces back to back and located not more than twenty-four (24) inches from each other at the nearest parts. A double-faced sign shall be considered a single sign.

Sign, Directly Illuminated shall mean a sign designed to give forth artificial light itself and/or designed to reflect light from one (1) or more sources of artificial light that are part of the sign.

Sign, Indirectly Illuminated shall mean a sign which does not produce artificial light from within itself but which is opaque and backlighted or illuminated by spot lights or floodlights.

Sign, Number shall mean for the purpose of determining the number of signs, a sign shall be considered to be a display and/or display device containing elements organized, related, and/or composed to form a unit. Where matter is displayed in a random manner without organized relationship of elements, each element shall be considered a single sign.

Sign Structure shall mean any construction designed to support a sign is considered separate from the sign itself.

Sign Type shall mean any one of the various signs as defined below:

(1)

Accessory shall mean a sign relating only to the premises on which the sign is located.

(2)

Billboard shall mean any sign or display that has no relation to the property it is located on, and over sixty (60) square feet.

(3)

Construction shall mean a temporary sign erected on a building site between the time of the issuance of the building permit and the completion and/or occupancy.

(4)

Directional shall mean any sign less than three (3) square feet in area used for public direction.

(5)

Directory shall mean signs which are located in close proximity to entrances of buildings generally used as a message board to assist visitors who desire to enter or use the building.

(6)

Future Improvement shall mean a temporary sign located on vacant land, parcel or lot prior to the issuance of a building permit on the site on which the sign is located.

(7)

General Outdoor Advertising shall mean any sign which is not herein described or limited by these definitions and regulations.

(8)

Temporary shall mean balloons, banners, flags, pennants, posters, portable signs, snipe or advertising displays constructed of paper, cloth, canvas, plastic sheet, cardboard, wallboard, plywood or other like materials and that appears to be intended to be displayed for a limited period of time.

(Ord. No. 19-06, § 1, 7-15-19)

The purpose of these regulations is to promote the public safety, comfort, convenience, aesthetics, amenities, prosperity and general welfare of the Town. More particularly, these regulations which control the location, type, size, height, and illumination of signage and displays are intended to establish compatible land use character, an orderly appearance and stabilize land values.

(Ord. No. 19-06, § 1, 7-15-19)

The following are exempted from the provisions of these regulations which require a permit, certificate, license or fee for erection or maintenance: Also, any and all allowed &/or required Federal, State, County, &/or Local Signage or Flags as covered per their regulations and as such shall abide by their rules and regulations relating to each. These may be regarding Public Display for; information, location, display protocol, public safety, traffic safety, etc. The following signs are authorized in every area:

(1)

Signs not visible from areas other than the site on which they are located;

(2)

Integral decorative or architectural features of structures, except letter, trademarks, moving parts, or moving lights.

(3)

Memorial, historically signs, tablets or plaques or names of buildings and date of erection; when the same are permanent. (4) Changing the copy of a bulletin board, poster board, display encasement, or marquee provided, that the device upon which the copy is located meets all the requirements of this article;

(5)

Decals affixed to or signs painted on equipment used for dispensing retail products or services where such signs are not displayed in connection with a commercial promotion or as an advertising device;

(6)

Temporary signs as provided for in 1-19.10

(7)

Signs on motor vehicles while in use in the normal course of business. This section shall not be interpreted to permit parking of a vehicle or portable trailer on which signs are attached or painted in a manner or location where such signs are not permitted in order to avoid the requirements of this article.

(Ord. No. 19-06, § 1, 7-15-19)

The following signs and message devices shall be expressly prohibited in all zoning districts, except as otherwise authorized by this Ordinance:

The following signs are strictly prohibited:

(A)

Signs in public areas. No sign shall be placed or permitted to be placed on any curb, sidewalk, post, pole, hydrant, bridge, tree or any other surface located on public property or right-of-way or over or across any street or public thoroughfare, except as may otherwise be authorized by this Ordinance. Signs shall be considered litter and removed by the town without notice.

(B)

Unclassified signs. The following signs having no distinct classification shall be prohibited:

(1)

Signs which bear or contain statements, words or pictures of an obscene or pornographic character or which contain advertising matter which is obviously untruthful or offensive.

(2)

Signs which emit audible sound, odor or visible matter; and/or

(3)

Signs which purport to be or are an imitation or resemble official traffic signs or signals or which bear the term "stop," "go slow," "caution," "danger," "warning" or similar term or which because of their size, location, movement, content, coloring or manner of illumination may be confused with or construed as traffic control signs, signals or devices or the light of an emergency or road equipment vehicle or which hide from view any traffic or street sign, signal or device.

(C)

Roof signs. No roof signs shall be permitted.

(D)

Billboards. Except as may be otherwise authorized by Town Code, billboards are prohibited.

(Ord. No. 19-06, § 1, 7-15-19)

Additional All regulations relating to signs in all Zoning Districts are found in Table 1-19.18. Such regulations in Table 1-19.18 shall control over any conflicting provision of this sign code.

(A)

In addition to the other types of signs permitted in this section a business establishment may erect one (1) additional non-permanent ground sign, not exceeding four (4) square feet. Such sign may be double sided and shall have the sign face made of wood, metal or plastic. The post material for the sign shall be made of either steel or pressure treated wood. The top of the sign when installed into the ground shall not exceed ten (10) feet above the ground upon which it is placed. An application form provided by the Town along with a permit fee established by resolution of the Town Council and consent of the owner of the property shall be submitted to the Building Department for review. If the owner does not give their consent no such sign shall be permitted. Any similar signs, including any banner signs, which have been installed or placed on property without a permit shall be removed by the owner of said sign or the proprietor of the business for which such sign relates to within ten (10) days of written notification of the Town and such notice shall inform the owner of such sign of the provisions, see Table 1-19.18.

(Ord. No. 19-06, § 1, 7-15-19)

A.

Permits/Required Inspections. Before any sign (other than temporary) is erected, constructed, posted, painted, altered, maintained, affixed, or relocated in the Town, a permit for such sign shall be obtained from the Building Official.

The contractor or owner securing the permit for any sign shall call the Building Official and request an inspection whenever any sign requiring a permit is being installed, and before any concrete is poured; a final inspection shall be requested upon completion. At the time of a request for final inspection, a photograph of the completed sign shall be taken by the inspector. (Minimum 2¼″ × 2¼″, maximum 3″ × 5″ for filing purposes.) No sign permit shall be approved unless it has been inspected by the Building Official and it is found to comply with this code, the building code, electrical code, and other applicable land development regulations. Unless otherwise provided herein, all signs shall meet the yard requirements of the zoning district in which the sign is located.

B.

Filing of Application. Before any permit is issued, an application provided by the Building Official shall be filed in triplicate together with two (2) sets of drawings and/or specifications as may be necessary to fully advise and acquaint the Building Official with the location, construction, materials, manner of illumination, securing, wording of the sign, and any other data that may be required to ensure the enforcement of these regulations. One (1) set of drawings and/or specifications will be returned to the applicant with the permit. A separate application shall be made for each and every sign.

As a minimum the sign application shall include the following information:

(a)

Name, address and telephone number of the sign erector and the sign owner.

(b)

Written statement signed by landowner, or a lease or rental agreement, authorizing the placement of the proposed sign.

(c)

Location of building (or structure) and lot to which or upon which the sign is to be placed or maintained.

(d)

Purpose of sign.

(e)

Estimated value of sign.

(f)

Position of the sign in relation to lot lines, nearby buildings or structures, sidewalks, streets and intersections.

(g)

Type of sign and general description of structural design and construction materials to be used.

(h)

Two (2) copies of detailed scaled drawings of the plans which shall contain specifications concerning structural details of the method of sign construction, installation, [and] anchoring to the building or ground. The specifications shall show height, perimeter and area dimensions, elevations, means of support, method of illumination and any other significant aspect of the proposed sign.

(i)

A statement indicating whether or not an electrical permit is required for said sign and any support data required for the same.

(j)

A layout with sign colors shown or specified.

(k)

Any other information required by the Building Official in order to carry out the purpose and intent of this article.

(l)

All signs having unusual structure features shall be designed by an engineer, who shall submit to the Building Official complete plans and calculations so as to determine whether the sign complies with the Town's Code.

C.

Permit Expiration. All signs shall be erected on or before the expiration of thirty (30) days from the issuance date of the permit, otherwise the permit shall become null and void and a new permit and fee shall be required.

D.

Notice Required for Violations. In case any sign shall be installed, erected, constructed, or maintained in violation of the terms of this article, the building inspector shall in writing, notify the owner thereof, to alter, change, or remove, such sign so as to comply with this article with ten (10) day's notice.

E.

Revocations. The Building Official may revoke a permit or approval, issued under the provisions of this Code, if it is found that there has been any false statement, concealment or misrepresentation as to any material fact in the application or plans on which the permit or approval was based.

(Ord. No. 19-06, § 1, 7-15-19)

Matters involving appeal of an administrative decision or variance of these regulations shall be handled pursuant to Section 1-12.2 of Article 12 of the Land Development Regulations.

(Ord. No. 19-06, § 1, 7-15-19)

A.

Replacement of Nonconforming Signs. Any replacement sign needs to meet current codes.

B.

Nonconforming Signs. There presently exist certain signs that are not in compliance with current regulations, if they were to code when approved and are being maintained they are allowed to remain.

C.

Signs and Disrepair. A sign should be removed or repaired to original condition. If not repaired within sixty (60) days of written notification, sign will be removed at owner's expense.

(Ord. No. 19-06, § 1, 7-15-19)

A.

Status of Fees Required for Signs. Fees for the issuance of sign permits or certificates and or business tax receipts shall be in addition to any other fees, charges, or obligations legally required by the Town.

B.

Schedule of Fees Set By Town Council. The fee schedule for the issuance of sign permits, certificates of nonconformance, and business tax receipts and the inspections herein authorized or required shall be set by the Town Council and shall be maintained in the Town Clerk's office.

(Ord. No. 19-06, § 1, 7-15-19)

Regulations involving Temporary Signs:

(1)

The sign face of any temporary sign must not be larger than four (4) square feet.

(2)

Temporary Signs shall not require a sign permit

(3)

Also, any and all allowed and/or required Federal, State, County or Local Signage or Flags as covered per their regulations and as such shall abide by their rules and regulations relating to each. These may be regarding Public Display for; information, location, display protocol, public safety, traffic safety, etc.

(Ord. No. 19-06, § 1, 7-15-19)

A.

Signs on Public Property. No sign shall be placed on property owned or leased by any government agency except by a public body or as otherwise specifically provided herein.

B.

Signs Indicating Point of Public Interest. Signs indicating points of local interest may be placed on public property only with the express consent and formal approval of the Council.

C.

Signs Affixed to Public Property or Infrastructure. No signs shall be attached to or painted on utility poles, seawalls, retaining walls or other supporting structure.

D.

Signs On or Over Public Streets. No sign shall be erected or located on or over any public street, sidewalk, alley, or right-of-way other than duly approved traffic signs authorized by a governmental entity.

E.

Illuminated Signage. The lighting of illuminated signs shall be controlled in direction, focus, and intensity so as to prevent glare on surrounding streets or property, or any objectionable illumination of nearby property or buildings.

F.

Beacon Light. No beacon light shall be permitted on a sign in the Town.

G.

Billboards. No billboards shall be permitted in the Town.

H.

Multiple Street Frontage. The regulations contained in this article shall apply separately and individually to each street frontage of a premises.

(Ord. No. 19-06, § 1, 7-15-19)

All signs shall comply with all applicable standards of the Town's building code, fire code, health code, and all other applicable codes.

(Ord. No. 19-06, § 1, 7-15-19)

All signs, together with all their support braces, guys, and anchors, shall be maintained in good repair and appearance. The Building Official may, upon written notice, cause to be removed within sixty (60) days any sign which becomes a safety hazard, or which shows gross neglect or becomes dilapidated or where the area around such sign is not well maintained. Such removal shall be at the expense of the owner or lessee of any sign that is not properly maintained.

(Ord. No. 19-06, § 1, 7-15-19)

No sign, including guys wires and supports, shall be erected, constructed or maintained so as to obstruct any fire escape, or any window or door opening, used or required as a means of ingress, egress or ventilation, or so as to prevent free passage from one (1) part of a roof in any form, shape, or manner to a fire escape.

(Ord. No. 19-06, § 1, 7-15-19)

No sign shall be placed at any location in the Town where it may interfere with or obstruct the view of any motorist, or be confused with any authorized traffic sign, signal or device. The Town Council shall have the authority to refuse the erection, or to order the removal by the Building Official, if any signs constituting an obstruction to motorists or pedestrians or otherwise are viewed to be impediments to traffic safety or traffic flow.

(Ord. No. 19-06, § 1, 7-15-19)

No sign shall be placed closer than eight (8) feet from the nearest part of any utility pole which supports electrical transmission lines. No sign shall be placed 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 provisions herein.

(Ord. No. 19-06, § 1, 7-15-19)

The provisions of Table 1-19.8 "Zoning District Sign Regulations" shall apply to each lot or parcel of land, and/or each business establishment as may be applicable in each case. In the following zoning classifications, the specified sign types and construction classes shall be permitted subject to the restrictions and limitations contained herein.

Also, any and all allowed &/or required Federal, State, County, &/or Local Signage or Flags as covered per their regulations and as such shall abide by their rules and regulations relating to each. These may be regarding Public Display for; information, location, display protocol, public safety, traffic safety, etc.

TABLE 1-19.18. ZONING DISTRICT SIGN REGULATIONS

(1)

Sign Regulations Within Residential Zoning Districts.

(2)

Sign Regulations Within Non-Residential Zoning Districts.

(3)

Sign Regulations Within Non-Residential Zoning Districts.

Footnotes to charts:

(1)

All inside signs within five (5) feet of a window shall be counted as wall signs and in addition shall not exceed twenty (20) inches of the glassed area of the window in which the sign is located.

(2)

Only permitted are those signs which may be off the premises for which they relate and are within two hundred (200) feet of the property for which they relate to. However, if the sign is three (3) square feet or less in area, the property to which the sign relates may be within one (1) mile of the sign.

(3)

Apartment complexes and dwellings of up to ten (10) units are permitted thirty-two (32) square feet. For excess of ten (10) units, one (1) square foot nay be added for each unit, up to a maximum of forty-eight (48) square feet in cumulative area.

(4)

If illumination/animation is permitted a minimum refresh rate is six (6) seconds

(5)

One (1) additional sign of this construction class up to thirty (30) square feet in area shall be permitted for each two hundred (200) feet of street frontage.

(6)

For a group of more than four (4) sites and in lieu of the nine (9) square foot individual lot sign, one thirty-two (32) square feet shall be permitted.

(7)

Minimum distance between Temporary Signs shall be twenty (20) feet.

(Ord. No. 19-06, § 1, 7-15-19; Ord. No. 2021-01, § 1, 3-1-21)