- SIGN REGULATIONS1
Editor's note—Ord. No. 1167, § 1(Exh. A), adopted Nov. 5, 2024, repealed the former Art. V, §§ 5-1—5-15, and enacted a new Art. V as set out herein. The former Art. V pertained to similar subject matter, and derived from Ord. No. 1156, § 1(Exh. A), adopted Nov. 7, 2023; Ord. No. 1158, § 2, adopted Mar. 5, 2024
The purpose of this article shall be to coordinate the type, placement, and physical dimensions of signs within the City; to recognize the commercial communication requirements of all sectors of the business community; to encourage the innovative use of design; to promote both renovation and proper maintenance; and to guarantee equal treatment under the law through accurate record keeping and consistent enforcement. These shall be accomplished by regulation of the display, erection, use, and maintenance of signs. The placement and physical dimensions of signs are regulated primarily by type and length of street frontage. No sign shall be permitted as a principal or accessory use except in accordance with the provisions of this article.
(Ord. No. 1167, § 1(Exh. A), 11-5-24)
This article shall not relate to building design. Nor shall this article regulate official traffic control or governmental signs; the copy and message of signs; window displays; product dispensers and point of purchase displays; scoreboards on athletic fields; advertising on athletic field fences, flags of any nation, government, or noncommercial organization; gravestones; barber poles; religious symbols; commemorative plaques; the display of street numbers: or any display or construction not defined herein as a sign.
(Ord. No. 1167, § 1(Exh. A), 11-5-24)
The following definitions shall apply to this article in addition to those set forth in section 1-5 of this Code.
Abandoned sign. A sign which no longer identifies or advertises a bona fide business, lessor, service, owner, product, or activity, and/or for which no legal owner can be found.
Animated sign. Any sign which uses movement or change of lighting to depict action or to create a special effect, scrolling message display, or scene (compare flashing sign).
Awning. A shelter projecting from and supported by the exterior wall of a building constructed of nonrigid materials on a supporting framework (compare marquee).
Awning sign. A sign painted on, printed on, or attached flat against the surface of an awning.
Bandit sign. Any sign placed on wooden stakes or wire supports that are driven into the ground.
Banner sign. A sign made of fabric or any nonrigid material with no enclosing framework.
Beacon light. Any light with one or more beams, which flash or have a strobe effect and are capable of being directed in any direction in any or all directions or revolve automatically.
Bench sign. Shall mean a sign located on any part of a bench or seat placed on or adjacent to the public right-of-way.
Billboard. Any freestanding on- or off-premises sign with at least one large panel designed to carry outdoor advertising that is erected on a parcel whose surface is typically rented or sold to advertise a use, establishment, product, activity or service, produced, manufactured, located, provided or furnished. (See also off-premise sign or stacked billboard.)
Changeable copy sign (automatic). A sign on which the copy changes automatically on a lamp bank or through mechanical means, e.g. electrical or electronic time and temperature units. Each message displayed shall remain fixed for at least eight seconds. When a message is changed, it must be accomplished within an interval of two seconds or less. Videos and animation are allowed.
Changeable copy sign (manual). A sign on which copy is changed manually in the field, e.g., reader boards with changeable letters.
Changeable message signs (CMS). An off-premise advertising sign, display, or device which changes the message or copy on the sign by means of electronic rotation or panels or slats. CMSs are considered outdoor advertising signs and must comply with all requirements applicable to outdoor advertising signs. Each message displayed shall remain fixed for at least eight seconds. When a message is changed, it must be accomplished within an interval of two seconds or less. CMS must contain a default design that will freeze the sign in one position if a malfunction occurs.
Clearance (of a sign). The smallest vertical distance between the surface grade beneath the sign and the lowest point of the sign, including framework, embellishments, poles and supports, extending over that grade.
Construction sign. A temporary sign identifying an architect, a contractor, a subcontractor, materials supplier and/or the lending institutions participating in the construction on the site where the sign is placed.
Copy. The wording on a sign surface in either permanent or removable letter form.
Digital billboard. A sign displaying static images controlled by electronic communications. Each image/message displayed shall remain fixed for at least eight seconds. When an image/message is changed, it must be accomplished within an interval of two seconds or less.
Directional/information sign. An on-premise sign giving directions, instructions, or facility information and which may not contain the name or logo of an establishment or any advertising, e.g., parking or exit and entrance signs. Directional/informational signs are exempt from setback requirements, provided sign locations are approved by the planning Director to not be a safety or traffic concern.
Directory. A sign which lists businesses within a multiple occupancy building.
Dissolve. A transition between static message displays that is achieved with varying light intensity and where the first message gradually appears to dissipate and lose legibility simultaneous to the gradual appearance and legibility of the subsequent message.
Double-faced sign. A sign with two faces.
Electrical sign. A sign or sign structure in which electrical wiring, connections, or fixtures are used. Electronic message center. (See changeable copy sign, automatic.)
Erect. To build, construct, attach, hang, place, suspend or affix and shall also include the painting of wall/building signs.
Facade. The entire building front including the parapet.
Face of sign. The area of the sign in which the copy is placed.
Fade. A transition between static message displays that is achieved with varying light intensity and where the first message gradually loses light intensity to the point of not being legible and the subsequent message gradually increases intensity to the point of legibility.
Festoons. A string of ribbons, tinsel, small flags, or pinwheels.
Flashing. A pattern of changing light illumination where the sign illumination alternates suddenly between fully illuminated and fully nonilluminated in a time frame of less than four seconds. (Static "dwell" time is typically four to ten seconds.)
Flashing portable or on-premises sign. A sign which contains an intermittent, sequential, or rotating light source or which, through reflection or other means, creates an illusion of flashing, intermittent, or rotation light. Does not include changeable copy signs.
Freestanding sign. A sign supported upon the ground by poles or braces and not attached to any building. This definition does not include banners affixed to a building, awning, or sign structure.
Frontage. The full length of the property line of any one premise measured along a public right-of-way on which it borders. A property may have more than one frontage if it borders more than one right-of-way (i.e. corner lots).
Frontage, building. The full length of an outside building wall facing a public right-of-way measured along the wall which faces the right-of-way. A building may have more than one frontage (i.e. buildings located on corner lots). There cannot be any other structures between the building wall and the right-of-way to count the building frontage.
Governmental sign. Any temporary or permanent sign erected and maintained by the City, County, State, or Federal government or any agency thereof including boards, districts, etc.
Height (of a sign). The vertical distance measured from the highest point of the sign, including embellishments, to the grade of the adjacent street or the surface grade beneath the sign, whichever is greater.
High-rise sign. An on-premise mono pole sign used for the purpose of intrastate highway advertising which cannot be higher than 150 feet.
Identification sign. A sign whose copy is limited to the name and address of a building, institution, or person and/or to the activity or occupation being identified.
Illegal sign. A sign which does not meet the requirements of this article and which has not received legal nonconforming status.
Illuminated sign. A sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign.
Incidental sign. A small sign, emblem, or decal, located on the window or wall of the building, informing the public of goods, facilities, or services available on the premises, e.g., a credit card sign or sign indicating hours of business.
Institutional sign. One sign per street front, setting forth or denoting the name of any public, charitable, or religious institution, when located on the premises of such an establishment.
Integral sign. Shall mean memorial signs or tablets, names of buildings, and date of the erection of the building, when cut into any masonry surface or when constructed of bronze or other incombustible materials mounted on the face of a building, i.e. a corner stone.
Intermittent. A pattern of changing light intensity, other than that achieved with immediate, fade or dissolve transitions, where any message remains static at least four seconds.
Interstate highway. Means the existing, unbuilt or unopened system of highways or portions thereof designated as part of the national system of intrastate and defense highways by the Department of Transportation.
Location. Shall mean any lot; premises, building, structure, wall or any place whatsoever upon where a sign is located.
Maintenance. For the purposes of this article, the cleaning, painting, repair, or replacement of defective parts of a sign in a manner that does not alter the basic copy, design, or structure of the sign.
Mansard. A sloped roof or roof-like facade architecturally comparable to a building wall.
Marquee. A permanent roof like structure or canopy of rigid materials supported by and extending from the facade of a building (compare awning).
Marquee sign. Any sign attached to or supported by a marquee structure.
Moving light. The physical change in position of any visible illumination source while lighted or the simulation of movement achieved with a pattern of sequentially illuminating visible illumination sources within close proximity to each other. (Static "dwell" time is typically four to ten seconds.)
Multiple occupancy. A building with more than one business, each of which has a separate entrance, either on the inside or outside of the building, shall be deemed as a multiple occupancy building.
Murals. A painting, illustration, or decoration applied to the exterior wall of a building and may include a painted wall sign when a scene or other artwork is included. Tagged or unsolicited graffiti is prohibited.
Nameplate. A non-electric on-premise identification sign giving only the name, address, and/or occupation of an occupant or group of occupants.
Nonconforming sign.
1.
A sign which was erected legally but which does not comply with subsequently enacted sign restrictions and regulations.
2.
A sign which does not conform to the requirements provided herein but for which a variance has been issued.
Occupancy. The portion of a building or premise owned, leased, rented, or otherwise occupied for a given use.
Off-premise sign. A sign structure advertising an establishment, merchandise, service, or entertainment, which is not sold, produced, manufactured, or furnished at the property on which said sign is located, e.g., "billboards" or "outdoor advertising."
On-premise sign. A sign which pertains to the use of the premises on which it is located.
Owner. A person recorded as such on official records. For the purposes of this article, the owner of property on which a sign is located is presumed to be the owner of the sign unless facts to the contrary are officially recorded or otherwise brought to the attention of the Director, e.g., a sign leased from a sign company.
Painted wall sign. Any sign which is applied with paint or similar substance on the face of a wall.
Parapet. The extension of a false front or wall above a roofline.
Permanent sign. Any permitted monument, freestanding or building sign installed to be used in excess of 12 months from the date of installation, designed to be permanently affixed to the ground or building and meets wind load requirements set forth in the Florida Building Code.
Point of purchase display. Advertising of a retail item accompanying its display, e.g., an advertisement on a product dispenser.
Political sign. For the purposes of this article, a: temporary sign used in connection with a local, state, or national election or referendum.
Portable sign. Any sign designed to be moved, which does not meet wind load requirements as set forth in the Florida Building Code, and/or is not permanently affixed to the ground, a structure or building or which is attachable to a vehicle and is designed to be transported from one place to another whether on its own trailer, wheels or otherwise
Premises. A parcel of land with its appurtenances and buildings which, because of its unity of use, may be regarded as the smallest conveyable unit of real estate.
Projecting sign. A sign, other than a flat wall sign, which is attached to and projects more than six inches from a building wall or other structure not specifically designed to support the sign.
Public signs. Signs which are of a public or non-commercial nature, which shall include government community service information signs, public transit service, public utility informational or location signs, safety or danger signs, trespassing signs, signs which indicate scenic or historic points of interest, public education and college related signs, and all signs erected by a public officer in the performance of a public duty.
Real estate sign. A temporary sign advertising the real estate upon which the sign is located as being for rent, lease, or sale.
Roof sign. Any sign erected over or on the roof of a building (compare mansard, wall sign).
Roofline. The top edge of a roof or building parapet, whichever is higher, excluding any cupolas, pylons, chimneys, or minor projections.
Rotating sign. A sign in which the sign itself or any portion of the sign moves in a revolving or similar manner. Such motion does not refer to methods of changing copy.
Sandwich board sign. A freestanding temporary A-frame sign; no larger than seven square feet total sign size; displayed outside a business, during business hours, to advertise the business, hours of operation, an event, a promotion, etc.
Setback. The distance between the lot line or public right-of-way and the leading edge of the sign. In no case may a sign extend over the right-of-way line of any public way.
Sign. Any device, structure, fixture, or placard using graphics, symbols, and/or written copy designed specifically for the purpose of advertising or identifying any establishment, product, goods, or services.
Sign, area of.
1.
Projecting and freestanding. The area of a freestanding or projecting sign may have two sign faces each of which may be up to the same square footage on each side as allowed herein. The area of the sign shall be measured as follows if the sign is composed of one or more individual cabinets: The area around and enclosing the perimeter of each cabinet or module shall be summed and then totaled to determine total area. The perimeter of measurable area shall not include embellishments such as pole covers, framing, decorative roofing, etc., provided that there is not written advertising copy on such embellishments.
2.
Wall signs. The area shall be within a single, continuous perimeter composed of any straight-line geometric figure which encloses the extreme limits of the advertising message. The combined areas of the individual figures shall be considered the total sign area.
Smartboards. An off-premise advertising sign, display, or device that changes the message or copy on the sign by means of a liquid crystal display. Smartboards may not incorporate animation in the copy or change of copy. Smartboard signs must contain a default design that will freeze the sign in one position if a malfunction occurs. Each image/message displayed shall remain fixed for at least eight seconds. When an image/message is changed, it must be accomplished within an interval of two seconds or less.
Snipe sign. A temporary sign or poster affixed to a tree, fence, etc.
Stacked billboard(s). A billboard style design located adjacent to the interstate which has two facings on each side for a total allowable amount of four facings.
Street banner sign. Shall mean any temporary banner which is stretched across and hung over a public right-of-way.
Subdivision or tract name sign. An externally or internally illuminated freestanding or wall sign is to recognize subdivisions, condominium complexes, or residential developments.
Temporary sign. A sign not constructed or intended for long-term use, includes, but is not limited to, portable signs, banners, streamers, pennants, festoons, snipe signs and other similar non-permanent signs.
Under-canopy sign. A sign suspended beneath a canopy, ceiling, roof, or marquee.
Under-marquee sign. A sign suspended beneath a marquee.
Use. The purpose for which a building, lot, sign, or structure is intended, designed, occupied, or maintained.
Vehicle sign. A sign erected or placed on a vehicle, including automobiles, trucks, boats, campers, and trailers, which are parked on or otherwise utilizing the public right-of-way, or on private property so as to be viewed from the vehicular right-of-way for the basic purpose of providing advertisement or products, services or directions to a business. This definition is not to be construed to include those signs which are adhered to a vehicle for the purpose of identifying a company and used to traverse public highways or devices attached which are customarily attached to a vehicle of mass transit.
Wall sign. A sign painted on or erected parallel to and extending not more than six inches from the wall of a building. This definition includes painted, individual letter(s), cabinet signs, and signs on a mansard, or parapet. This definition does not include banners affixed to a building, awning, or sign structure. These signs will be confined within the limits of the outside wall or building and will have one face.
Window sign. A sign installed inside a window and intended to be viewed from the outside.
(Ord. No. 1167, § 1(Exh. A), 11-5-24)
No person shall erect, place or maintain a sign within the City except in accordance with the provisions of this article.
(Ord. No. 1167, § 1(Exh. A), 11-5-24)
The following signs are prohibited in all areas of the City:
1.
Abandoned signs;
2.
Any non-governmental sign located within a dedicated City street right-of-way unless specifically authorized by the City;
3.
Flashing, fluttering, undulating, swinging, rotating, or otherwise moving signs; except for City approved under-marquee and under-canopy signs in the Main Street district;
4.
Any sign which blocks or restricts the sight distance of a motor vehicle operator at any driveway or intersection;
5.
Any sign for which any part of the sign extends over, across, or above any public way, including roadways and sidewalks, except governmental signs and City approved under canopy and under-marquee signs in the Main Street district. All signs must comply with ADA accessibility requirements;
6.
Any sign using the words "Stop," "danger," "detour" or any comparable word phrase and symbols which would normally be associated with traffic directions, in a manner that tends to mislead, confuse or distract the driver of a vehicle, shall be prohibited;
7.
Portable signs. The use of portable signs as defined in this Code is prohibited, except as permitted in section 5-11 of this Code;
8.
Real estate signs with arrows pointing to property in which the sign is not located;
9.
Beacon lighting as defined in this Code is prohibited;
10.
Bench signs as defined by this Code are prohibited within the corporate City limits of the City of Marianna;
11.
Banners, or flying paraphernalia, with the exception of official federal, state, county, or educational institution flags, and symbolic flags for each institution or business, except as permitted in section 5-11.1 of this Code;
12.
Signs erected or maintained upon trees or painted or drawn upon rocks or other natural features with the exception of "posted property" signs;
13.
Bandit signs, either on-site or off-site, except for real estate signs and as allowed in subsection 5-11.1(12);
14.
Snipe signs, except as allowed in section 5-7.11; and
15.
Signs that are of such intensity or brilliance as to cause glare or impair the vision of any motorist, cyclist, or pedestrian using or entering the public way, or that are a hazard or a nuisance to occupants of any property because of glare or other characteristics as determined and defined by Florida Department of Transportation (FDOT) standards, or any other State or Federal guideline. Intensity and brilliance of signs must not be a nuisance to neighboring properties.
(Ord. No. 1167, § 1(Exh. A), 11-5-24; Ord. No. 1171, § 1(Exh. A), 5-6-25)
No person shall erect, place or construct any sign without first obtaining a permit from the City except as specified in section 5-7. No permit is required for the maintenance of a sign or for a change of copy on, printed or changeable copy signs.
(Ord. No. 1167, § 1(Exh. A), 11-5-24)
The following types of signs are exempted from permit requirements but must be in conformance with all other requirements of this article:
1.
Construction signs of 32 square feet or less, including bandit signs.
2.
Directional/information signs of six square feet or less located behind the applicable setbacks.
3.
Holiday or special events decorations.
4.
Name plates of two square feet or less.
5.
Political signs.
6.
Public signs or notices, or any sign relating to an emergency and/or community wide event.
7.
Real estate signs.
8.
Non-permanent window signs.
9.
Incidental signs.
10.
"For sale" signs of two square feet or less.
11.
Snipe signs for garage sales, yard sales or similar events in residential and mixed-use districts provided that the sign is not in the City or State right-of-way, the owner has permission from the property owner for placement of the sign and the sign is removed by the installer within 24 hours of the sale or event.
12.
Bandit signs and banners at or for public events on City, school board, college, county or other public property provided they are removed after the event.
13.
Signs located at City or school recreational areas provided by sponsors.
14.
Integral signs as defined in this Code.
15.
Flags, balloons, festoons, and streamers, with the exception [of] feather flags/banners which must be permitted under [section] 5-11 of this Code.
(Ord. No. 1167, § 1(Exh. A), 11-5-24; Ord. No. 1171, § 1(Exh. A), 5-6-25)
All signs shall be properly maintained. Exposed surfaces shall be clean and painted if paint is required. Defective parts shall be replaced. The City Commission shall have the authority under subsection 5-16.5 to order the repair or removal of any sign which is defective, damaged, or substantially deteriorated.
(Ord. No. 1167, § 1(Exh. A), 11-5-24)
Unless otherwise specified by this article, any sign herein allowed may use manual or automatic changeable copy. Changeable message signs and smartboards are also allowed, unless otherwise specified by this article. No display or device shall be illuminated by any rapid flashing light or lights. Dissolve and fade are allowed, provided the lighting does not flash. No advertising sign shall be erected or maintained which involves rapid motion or rotation of the structure. Videos and animation are allowed.
(Ord. No. 1167, § 1(Exh. A), 11-5-24)
Unless otherwise specified by this article, all signs may be lighted or illuminated consistent with the following provisions:
1.
Sign lighting shall not be installed or located so as to cause confusion with traffic control lights.
2.
Illumination by spotlights or floodlights or other signs that are of such intensity or brilliance as to cause glare or impair vision are not allowed if the light emitted shines onto an adjoining property or into the eyes of persons driving, cycling, or walking upon any roadway or sidewalk.
3.
Exposed incandescent lights shall not be used for lighting outdoor signs.
4.
Revolving beacons and flashing lights are prohibited.
(Ord. No. 1167, § 1(Exh. A), 11-5-24)
5-11.1. Allowable signs in all districts. The following signs are allowed in all districts:
1.
All signs not requiring permits.
2.
One construction sign for each street frontage of construction project, not to exceed 32 square feet in sign area. Such signs may be erected 120 days prior to beginning of construction and shall be removed 30 days following completion of construction.
3.
One non-illuminated real estate sign per lot or premises, per street front will be allowed. They are not to exceed six square feet in sign area in residential districts and 32 square feet in the mixed use and commercial districts. Such signs must be removed ten days following sale, rental, or lease.
4.
One attached nameplate per occupancy, not to exceed four square feet in sign area.
5.
Political signs not to exceed six square feet in residential districts and 32 square feet in nonresidential district. All political signs shall be removed within 14 days after the election or runoff.
6.
Eight directional/information signs per business, not to exceed six square feet in area. Directional signs may contain business name and logo.
7.
Temporary special event signs and decoration per premises for special public events, grand openings, closings, going-out-of-business, or holidays. Such signs and decorations may be erected 60 days prior to a special event or holiday and shall be removed ten days following the event or holiday.
8.
Temporary banners for civic events or events of general public good extending across the public right-of-way at locations specified by the planning board. Such banners shall be up no more than 60 days. If located across a State road the sign will require State approval.
9.
"For sale" signs advertising vehicles, boats or other similar items for sale by owner provided such sign does not exceed two square feet of sign area.
10.
Temporary banners and feather flags for special sales events are allowed once each quarter for 30 days. The business owner must apply for a permit a minimum of five business days prior to the event. The permitted banners and feather flags must not be located in the public right-of-way, and permitted banners and feather flags must not endanger the health and/or safety of the public. There will be no charge for permitting under this paragraph.
11.
Non-illuminated/non-powered A-frame or T-frame menu/sandwich signs may be displayed. Each sign may be a maximum five and one-half feet tall by five feet wide. The signs must allow clearance on the sidewalk and cannot impede pedestrian traffic or the site vision of pedestrian and automobile traffic. The sign must be constructed of wood, metal or a similar sturdy and attractive material as approved by the Municipal development Director. Under no circumstances will cardboard construction be allowed.
12.
Nonprofit 501(c)(3) or similarly designated organizations may erect bandit signs and banners for a period 30 days. The sign owner shall be responsible for removal of the sign within two days after the 30-day period expires.
13.
All outdoor advertising along State roads requires authorization from [the] Florida Department of Transportation.
5-11.2. Permitted signs in residential district. The following signs shall be permitted in residential zoning districts; all other signs are prohibited:
1.
All signs permitted in subsection 5-11.1.
2.
Subdivision or apartment identification signs per residential development, not to exceed an aggregate of 64 square feet on building signs and an aggregate of 64 square feet on free-standing signs:
3.
Signs describing a home occupation or home office of convenience provided signs are mounted flat against the wall of the building; there are no more than one sign per residence; and, the sign does not exceed 16 square feet of sign area.
4.
For churches, synagogues or similar institutional uses freestanding signs not to exceed an aggregate of 64 square feet in free-standing sign area, and wall signs not to exceed an aggregate of 64 square feet in sign area.
5.
All allowed freestanding signs in residential districts shall have a height limit of 15 feet and shall have a setback of seven feet from all lot lines and any public right-of-way measured from the leading area of the sign. If the sign is located on the corner of two streets, the sign must be set back a minimum radius of 15 feet from the right-of-way intersection measured from the closest edge of the right-of-way. If the sign is at the corner of a street and driveway intersection, the sign must be setback a minimum radius of ten feet from the right-of-way intersection measured from the closest edge of the right-of-way.
6.
All freestanding signs in the residential district must be constructed so that the minimum lowest point ground clearance is less than three feet, so as to either prevent persons from walking under or through the sign or sign structure.
7.
Murals that include artwork are encouraged. Residential and Historical buildings listed in the Jackson County Survey of Historically Significant Sites require City Commission approval. There will be no charge or permitting under this paragraph.
8.
All outdoor advertising along State roads requires authorization from [the] Florida Department of Transportation.
5-11.3. Permitted signs in mixed use (MU) districts. The following signs shall be permitted in MU districts; all other signs are prohibited:
1.
All signs permitted in subsection 5-11.2.
2.
Combined area of all identification signs for apartments, townhouses, condominium or other multifamily residential developments, shall not exceed 75 square feet of sign area.
3.
For commercial development allowed in MU districts freestanding signs for businesses are allowed. The total sign area of all on-site free-standing signs shall not exceed 75 square feet. The total sign area of all wall signs shall not exceed 75 square feet.
4.
All allowed freestanding signs in MU districts shall have a height limit of 15 feet. All freestanding signs shall be located at least seven feet from all lot lines and public right-of-way lines, and 15 feet from all right-of-way and driveway intersections measuring from the leading edge of the sign. In no case may a sign extend over the right-of-way line or any public way.
5.
If the sign is located on the corner of two streets, the sign must be set back a minimum radius of 15 feet from the right-of-way intersection measured from the closest edge of the right-of-way. If the sign is at the corner of a street and driveway intersection, the sign must be setback a minimum radius of ten feet from the right-of-way intersection measured from the closest edge of the right-of-way.
6.
All free-standing signs in the MU district must be constructed so that the minimum lowest point ground clearance is either less than three or more than seven feet so as to either prevent or allow persons to walk under or through the sign or sign structure.
7.
Murals that include artwork are encouraged. The business name may be located within the mural with no size restrictions. Residential and Historical buildings listed in the Jackson County Survey of Historically Significant Sites require City Commission approval. There will be no charge or permitting under this paragraph.
8.
All outdoor advertising along State roads requires authorization from [the] Florida Department of Transportation.
5-11.4. Permitted signs in commercial and industrial districts. The following signs shall be permitted in commercial and industrial districts; all others are prohibited:
1.
All signs permitted in subsection 5-11.3.
2.
Freestanding signs for businesses and industries are allowed. The total sign area of all signs shall not exceed 500 square feet.
3.
All freestanding signs shall be located at least seven feet from all lot lines and public right-of-way lines measured from the leading area of the sign. In no case may a sign extend over the right-of-way line or any public way. In the case of electrified signs, the bottom of the sign and the outline lighting enclosure shall not be less than 16 feet above grade in areas accessible by on-site vehicular traffic.
4.
No part of any sign shall be located within a 15-foot radius of the intersection of the improved surface of any two streets, or the improved surface of any street and railroad as measured from the closest edge of the right-of-way or within the intersection of any driveway and the improved surface of any street as measured from the closest edge of the right-of-way.
5.
Wall signs shall not exceed an aggregate area of 200 square feet in sign area.
6.
Awning and marquee signs are measured by copy area only and are counted as part of the aggregate wall sign area.
7.
One under-canopy sign per occupancy, not to exceed 16 square feet in sign area.
8.
Incidental signs not to exceed four square feet in aggregate sign area per occupancy.
9.
The maximum permitted height for any on-premise sign in a nonresidential district shall be 75 feet above the surface grade beneath the sign.
10.
Projecting signs shall conform to the requirements of the Florida Building Code and shall be permitted only where a public sidewalk abuts the side of the building on which the projecting sign is affixed. Projecting signs shall count toward the business's aggregate wall sign area.
11.
All free-standing signs in commercial and industrial districts must be constructed so that the minimum lowest point ground clearance is either less than three or more than seven feet so as to either prevent or allow persons to walk under or through the sign or sign structure.
12.
Murals that include artwork are encouraged. The building and business name may be located within the mural with no size restrictions if artwork is used. Residential and historical buildings listed in the Jackson County Survey of Historically Significant Sites require City Commission approval. There will be no charge or for permitting under this paragraph.
13.
Temporary banners for announcements that are of general public good are allowed and may be erected 60 days prior to the announcement and shall be removed ten days following the event.
14.
All outdoor advertising along State roads requires authorization from [the] Florida Department of Transportation.
5-11.5. Permitted signs in public/institutional (P/I) and recreation (REC) districts. The following signs shall be permitted in P/I and REC districts; all others are prohibited.
1.
All government signs.
2.
For any non-government use, the aggregate of all freestanding signs shall not to exceed 500 square feet of sign area, and aggregate of wall sign area shall not to exceed 200 square feet.
3.
All allowed freestanding signs in P/I or recreation districts shall have a height limit of 50 feet and shall have a setback of seven feet from all lot lines and any public rights-of-way measured from the leading edge of the sign. In no case may a sign extend over the right-of-way line or any public way. If the sign is located on the corner of two streets, the sign must be set back a minimum radius of 15 feet from the right-of-way intersection measured from the closest edge of the right-of-way. If the sign is at the corner of a street and driveway intersection, the sign must be setback a minimum radius of ten feet from the right-of-way intersection measured from the closest edge of the right-of-way.
4.
All free-standing signs in P/I and recreation districts must be constructed so that the minimum lowest point ground clearance is either less than three or more than seven feet, so as to either prevent or allow persons to walk under or through the sign or sign structure.
5.
Murals that include artwork are encouraged. The building and business name may be located within the mural with no size restrictions if artwork is used. Residential and historical buildings listed in the Jackson County Survey of Historically Significant Sites require City Commission approval. There will be no charge or permitting under this paragraph.
6.
All outdoor advertising along State roads requires authorization from [the] Florida Department of Transportation.
5-11.6. DISTA (downtown improvement special treatment area) sign regulations. The following regulations shall apply to all signs which are permitted in existing and future DISTA areas. All others shall be prohibited. Realizing that sign appearances have a proven impact on business patronage, the following requirements shall be fulfilled:
1.
The aggregate area of all building signs shall not exceed 100 square feet.
2.
Flush mounted back lit signs, consisting of only logs and letters, are permitted. Placement below the awning is not allowed.
3.
Projecting signs are permitted in the DISTA subject to the following requirements:
a.
Shall be signs which project more than six inches from the wall.
b.
Shall show engineered certification of meeting the applicable wind load requirements.
c.
Shall be limited to the overall size of 40 square feet.
4.
Window signs are allowed.
5.
Menu signs are permitted in the DISTA. Menu signs shall be located so as to not interfere with outward opening doors or windows, or to impede traffic on sidewalks. Menu signs must architecturally compliment and coordinate with the building where the business is located. Menu signs are only allowed during the hours of operation. After hours the signs must be stored inside. Menu signs must be secured to prevent the sign from being blown by the wind into the street or pedestrian traffic.
6.
Signs shall not cover existing architectural features, such as windows or cornices. Where the upper portion of the building facade is occupied by decorative features, an alternate location for signs must be found. Awnings and store front windows may be used as alternatives provided that they meet other sign and life safety code regulations.
7.
Buildings with divided suites may have flush mounted directories. These directories will count as part of the total sign area allowed.
8.
All relief lettering and numbering which are original to the building and are deemed to be historic, must remain in place and be maintained. The historic architectural elements may not be covered or altered.
9.
Historically relevant neon signs, which are documented original to the structure, are allowed in the DISTA as long as they meet other applicable sign requirements.
10.
Materials which will be allowed in the DISTA for signs include: wood, masonry, metal, opaque or translucent material, glass, or manmade products which are designed to closely reflect the look of such materials.
11.
Existing establishments with signage, in operation and open to the public on the effective date of the ordinance from which this section is derived, shall be considered permitted nonconforming signs. All DISTA signs which are nonconforming at the effective date of the ordinance from which this section is derived, shall have the following incentive plan for coming into compliance within three years:
a.
Applications received within the first year from the effective date of the ordinance from which this section is derived will have development order fees waived.
b.
Applications received within the second year will receive 75 percent discount of the development order fee in effect at that time.
c.
Applications received in the third year will receive a 50 percent discount of the development order fee in effect at the time.
All DISTA signs which do not come into compliance utilizing the three-year incentive plan will be subject to the full development order fee that is in effect at that time.
12.
Once an existing nonconforming sign is removed for more than 180 days, the sign must be brought into compliance and future signs must meet the requirements of article V of this Code.
13.
Murals that include artwork are encouraged. Residential and Historical buildings listed in the Jackson County Survey of Historically Significant Sites require City Commission approval. There will be no charge or permitting under this paragraph.
14.
All outdoor advertising along State roads requires authorization from [the] Florida Department of Transportation.
(Ord. No. 1167, § 1(Exh. A), 11-5-24; Ord. No. 1171, § 1(Exh. A), 5-6-25)
In addition to any regulations applying to signs in general, the following regulations shall apply to off-premises signs and billboards:
5-12.1. Location.
1.
Billboards shall only be located, installed or constructed on Penn Avenue (Highway 276) and I-10 within a one-half mile radius of the S.R. 276/I-10 interchange measured from the middle of the median between the two lanes.
2.
No billboard shall be located closer than 1,000 feet to any other off-premises sign on the same side on any street, on the route of travel. The distance shall be measured along the nearest edge of the pavement at points directly opposite the center of the sign and located on the same side of the same street.
3.
Unless otherwise provided for in this article, off-premises signs and billboards shall comply with the same heights, setback and sight distance requirements as all other signs.
4.
No billboards shall be located closer than 100 feet to any residential district or any property used for residential purposes, unless separated from it by a street or building. Must meet Florida Building Code height.
5.
All off-premises signs and billboards located adjacent to State roads shall be subject to the provisions of F.S. ch. 479, in addition to this article.
6.
Billboard signs may be stacked one on top of the other as long as they can meet all other applicable codes. They can have two faces on each side for a total of four facings. The height limit shall be 75 feet.
7.
Off-premise signs shall be permitted within the RES, COM, MU, IND, REC zoning designation requirements provided they are 60 square feet or less, have a maximum height of 15 feet, and do not obstruct traffic vision.
8.
All outdoor advertising along State roads requires authorization from [the] Florida Department of Transportation.
5-12.2 Development standards.
1.
The lowest portion of any billboard must be at least 16 feet above the surface grade beneath the sign.
2.
No billboard shall be illuminated by or contain flashing intermittent, rotating or moving light or lights used primarily to attract attention, excluding electronic message centers or time and temperature.
3.
All billboards shall be all-metal single-pole construction except for the skirt which may be of other durable materials.
4.
The maximum permitted height for billboard shall be 75 feet above the surface grade beneath the sign or the maximum height permitted in the district within which the sign is located.
5-12.3. On-premise signs (high-rise signs).
1.
High-rise signs will be allowed to be erected at businesses which are located within one quarter mile of Interstate 10. For the purpose of this Code, high-rise signs shall be considered as on-premise signs. These signs shall be allowed in addition to the total amount of signage otherwise allowed for the zone in which the land is located.
2.
High-rise signage shall not exceed 150 feet in height.
3.
High-rise signage shall not exceed 500 square feet in frontage, per face, with a total of four facings to be allowed.
4.
High-rise signs cannot be located any closer than 500 feet apart.
5.
When located in a parking lot or traffic way, the base of these signs must have protective barriers capable of stopping vehicular traffic in a safe manner included in the site plan drawings.
6.
Animation will be allowed on high-rise signs.
(Ord. No. 1167, § 1(Exh. A), 11-5-24)
Existing, permanent signs which do not conform to the provisions of this article shall be legally nonconforming provided that:
1.
The Director determines that such signs are properly maintained and do not in any way endanger the public.
2.
Such signs are not located on any public right-of-way.
5-13.1. Loss of legally nonconforming status. A legal nonconforming sign shall lose this designation if:
1.
The sign is removed, not relocated and not replaced after a period of six months;
2.
The structure or size of the sign is altered in any way except towards compliance with this article (this does not refer to normal maintenance).
5-13.2. Maintenance and repair of nonconforming signs. The legal nonconforming sign is subject to all requirements of this article regarding safety, maintenance, and repair. However, if the sign suffers more than 50 percent appraised damage or deterioration; it must be brought into conformance with this Code or removed.
(Ord. No. 1167, § 1(Exh. A), 11-5-24)
All permanent signs shall be constructed and erected in accordance with the requirements of the Florida Building Code and the National Electrical Code, and as specified in this section.
5-14.1. Anchoring.
1.
No sign shall be suspended by non-rigid attachments that will allow the sign to swing in a wind, except for under-canopy and under-marquee signs.
2.
All freestanding signs shall have self-supporting structures erected on or permanently attached to concrete foundations.
5-14.2. Wind loads. All signs shall be designed and constructed to meet the wind loading requirements as set forth in the Florida Building Code. In addition, on all signs 30 feet or greater in overall height, the drawings and structural specifications submitted for permitting shall bear the seal and signature of a Florida registered engineer.
5-14.3. Additional construction specifications.
1.
No signs shall be erected, constructed, or maintained so as to obstruct any fire escape, required exit, window or door opening used as a means of egress.
2.
No sign shall be attached in any form, shape or manner which will interfere with any opening required for ventilation.
3.
Signs shall be located in such a way as to maintain horizontal and vertical clearance of all overhead electrical conductors in accordance with National Electrical Code specifications, depending on voltages concerned.
4.
All signs containing electrical components shall be constructed or located according to the specifications of the Florida Building Code, the National Electrical Code, as well as the specifications of Underwriters Laboratories or other approved testing agency. All such signs shall have a clearly visible testing agency label permanently affixed.
5.
Any freestanding sign, whether for on- or off-premises use, which has a sign area of 100 square feet or more shall be all-metal single-pole construction except for the skirt which may be of other durable materials.
6.
All exposed metals, unless galvanized or non-corrosive materials, shall be painted.
(Ord. No. 1167, § 1(Exh. A), 11-5-24)
5-15.1. Administration. The Director shall be authorized to process applications for permits and variances, schedule public hearings as required, and enforce and carry out all provisions of this article, both in letter and in spirit. The Director is empowered, upon presentation of proper credentials, to enter or inspect any building, structure, or premises in the City for the purpose of inspecting a sign and its structural and electrical connections to ensure compliance with all applicable codes and ordinances. The Director may be accompanied by other appropriate inspectors or officials necessary to ensure compliance with the provisions of applicable codes and ordinances. Such inspections shall be carried out during business hours unless an emergency exists.
5-15.2. Application for permits. Application for a permit for the erection, alteration, location or relocation of a sign shall be made to the Director upon a form provided by the City and shall include the following information:
1.
Name and address of the owner of the sign.
2.
Street address or location of the property on which the sign is to be located, along with the name and address of the property owner.
3.
The type of sign structure as defined in this article.
4.
A site plan showing the proposed location of the sign along with the locations and square footage areas of all existing on the same premises.
5.
Specifications and scale drawings showing the materials, design, dimensions, structural supports, and electrical components of the proposed sign.
5-15.3. Issuance and denial. The Director or the staff designee will approve all signs which do not require a variance, or modification of the Code. If a sign should need a variance or other decisions beyond staff level authority, a variance request shall be submitted in writing and the applicable administrative procedure(s), including proper public notice, shall be followed.
5-15.4. Permit conditions. A sign permit issued by the Director and/or City Commission shall remain valid for a period of six months from the date of issuance. If any sign is installed or placed on any property prior to the receipt of a permit, the sign, including any embellishments, poles, and supporting structures, shall be removed. If any alteration, addition, or enlargement requiring a permit is made to a sign prior to the receipt of a permit, such-alteration, addition, or enlargement shall be removed. No variance from these provisions shall be granted.
5-15.5. Removal of signs. It shall be unlawful for any person or company to violate or fail to comply with any provision of this article. Violation of the provisions of this article shall constitute a misdemeanor and the defendant shall be subject to a fine not exceeding $500.00. Companies applying for permits, installing signs, or otherwise acting on behalf of individuals, businesses, and/or groups found in violation of this article shall be subject to a fine not exceeding $1,000.00. Each day's violation of any provision of this article shall constitute a separate offense. Failure to adhere to the provisions of this article as a result of not contacting the City Municipal Development Department does not constitute or create a situation where a variance can be requested.
The Director, upon approval by the City Commission, may cause the removal of an illegal or unsafe sign when the owner fails to comply with the orders of removal, relocation or repair, or upon determination that the sign has been abandoned for a period of 90 days. After removal or demolition of the sign, a notice shall be mailed to the sign owner stating the nature of the work and the date on which it was performed and demanding payment on the costs as certified by the City Clerk together with an additional 15 percent for inspection and incidental costs. For the purposes of this subsection, removal of a sign shall include the removal of any embellishments, poles, and supporting structures.
Temporary signs not meeting the requirements of article V of this Code may be removed by the Director or his/her designee at the Director's discretion. In cases where unsafe signs may cause an emergency, the City Manager may approve the Director to remove the sign. If the amount specified in the notice is not paid within 30 days of the notice, it shall become an assessment upon a lien against the property of the sign owner, and will be certified as an assessment against the property with a ten percent penalty for connection in the same manner as the real estate taxes.
The owner of the property upon which the sign is located shall be presumed to be the owner of all signs thereon unless facts to the contrary are brought to the attention of the City, as in the case of a leased sign.
(Ord. No. 1167, § 1(Exh. A), 11-5-24)
- SIGN REGULATIONS1
Editor's note—Ord. No. 1167, § 1(Exh. A), adopted Nov. 5, 2024, repealed the former Art. V, §§ 5-1—5-15, and enacted a new Art. V as set out herein. The former Art. V pertained to similar subject matter, and derived from Ord. No. 1156, § 1(Exh. A), adopted Nov. 7, 2023; Ord. No. 1158, § 2, adopted Mar. 5, 2024
The purpose of this article shall be to coordinate the type, placement, and physical dimensions of signs within the City; to recognize the commercial communication requirements of all sectors of the business community; to encourage the innovative use of design; to promote both renovation and proper maintenance; and to guarantee equal treatment under the law through accurate record keeping and consistent enforcement. These shall be accomplished by regulation of the display, erection, use, and maintenance of signs. The placement and physical dimensions of signs are regulated primarily by type and length of street frontage. No sign shall be permitted as a principal or accessory use except in accordance with the provisions of this article.
(Ord. No. 1167, § 1(Exh. A), 11-5-24)
This article shall not relate to building design. Nor shall this article regulate official traffic control or governmental signs; the copy and message of signs; window displays; product dispensers and point of purchase displays; scoreboards on athletic fields; advertising on athletic field fences, flags of any nation, government, or noncommercial organization; gravestones; barber poles; religious symbols; commemorative plaques; the display of street numbers: or any display or construction not defined herein as a sign.
(Ord. No. 1167, § 1(Exh. A), 11-5-24)
The following definitions shall apply to this article in addition to those set forth in section 1-5 of this Code.
Abandoned sign. A sign which no longer identifies or advertises a bona fide business, lessor, service, owner, product, or activity, and/or for which no legal owner can be found.
Animated sign. Any sign which uses movement or change of lighting to depict action or to create a special effect, scrolling message display, or scene (compare flashing sign).
Awning. A shelter projecting from and supported by the exterior wall of a building constructed of nonrigid materials on a supporting framework (compare marquee).
Awning sign. A sign painted on, printed on, or attached flat against the surface of an awning.
Bandit sign. Any sign placed on wooden stakes or wire supports that are driven into the ground.
Banner sign. A sign made of fabric or any nonrigid material with no enclosing framework.
Beacon light. Any light with one or more beams, which flash or have a strobe effect and are capable of being directed in any direction in any or all directions or revolve automatically.
Bench sign. Shall mean a sign located on any part of a bench or seat placed on or adjacent to the public right-of-way.
Billboard. Any freestanding on- or off-premises sign with at least one large panel designed to carry outdoor advertising that is erected on a parcel whose surface is typically rented or sold to advertise a use, establishment, product, activity or service, produced, manufactured, located, provided or furnished. (See also off-premise sign or stacked billboard.)
Changeable copy sign (automatic). A sign on which the copy changes automatically on a lamp bank or through mechanical means, e.g. electrical or electronic time and temperature units. Each message displayed shall remain fixed for at least eight seconds. When a message is changed, it must be accomplished within an interval of two seconds or less. Videos and animation are allowed.
Changeable copy sign (manual). A sign on which copy is changed manually in the field, e.g., reader boards with changeable letters.
Changeable message signs (CMS). An off-premise advertising sign, display, or device which changes the message or copy on the sign by means of electronic rotation or panels or slats. CMSs are considered outdoor advertising signs and must comply with all requirements applicable to outdoor advertising signs. Each message displayed shall remain fixed for at least eight seconds. When a message is changed, it must be accomplished within an interval of two seconds or less. CMS must contain a default design that will freeze the sign in one position if a malfunction occurs.
Clearance (of a sign). The smallest vertical distance between the surface grade beneath the sign and the lowest point of the sign, including framework, embellishments, poles and supports, extending over that grade.
Construction sign. A temporary sign identifying an architect, a contractor, a subcontractor, materials supplier and/or the lending institutions participating in the construction on the site where the sign is placed.
Copy. The wording on a sign surface in either permanent or removable letter form.
Digital billboard. A sign displaying static images controlled by electronic communications. Each image/message displayed shall remain fixed for at least eight seconds. When an image/message is changed, it must be accomplished within an interval of two seconds or less.
Directional/information sign. An on-premise sign giving directions, instructions, or facility information and which may not contain the name or logo of an establishment or any advertising, e.g., parking or exit and entrance signs. Directional/informational signs are exempt from setback requirements, provided sign locations are approved by the planning Director to not be a safety or traffic concern.
Directory. A sign which lists businesses within a multiple occupancy building.
Dissolve. A transition between static message displays that is achieved with varying light intensity and where the first message gradually appears to dissipate and lose legibility simultaneous to the gradual appearance and legibility of the subsequent message.
Double-faced sign. A sign with two faces.
Electrical sign. A sign or sign structure in which electrical wiring, connections, or fixtures are used. Electronic message center. (See changeable copy sign, automatic.)
Erect. To build, construct, attach, hang, place, suspend or affix and shall also include the painting of wall/building signs.
Facade. The entire building front including the parapet.
Face of sign. The area of the sign in which the copy is placed.
Fade. A transition between static message displays that is achieved with varying light intensity and where the first message gradually loses light intensity to the point of not being legible and the subsequent message gradually increases intensity to the point of legibility.
Festoons. A string of ribbons, tinsel, small flags, or pinwheels.
Flashing. A pattern of changing light illumination where the sign illumination alternates suddenly between fully illuminated and fully nonilluminated in a time frame of less than four seconds. (Static "dwell" time is typically four to ten seconds.)
Flashing portable or on-premises sign. A sign which contains an intermittent, sequential, or rotating light source or which, through reflection or other means, creates an illusion of flashing, intermittent, or rotation light. Does not include changeable copy signs.
Freestanding sign. A sign supported upon the ground by poles or braces and not attached to any building. This definition does not include banners affixed to a building, awning, or sign structure.
Frontage. The full length of the property line of any one premise measured along a public right-of-way on which it borders. A property may have more than one frontage if it borders more than one right-of-way (i.e. corner lots).
Frontage, building. The full length of an outside building wall facing a public right-of-way measured along the wall which faces the right-of-way. A building may have more than one frontage (i.e. buildings located on corner lots). There cannot be any other structures between the building wall and the right-of-way to count the building frontage.
Governmental sign. Any temporary or permanent sign erected and maintained by the City, County, State, or Federal government or any agency thereof including boards, districts, etc.
Height (of a sign). The vertical distance measured from the highest point of the sign, including embellishments, to the grade of the adjacent street or the surface grade beneath the sign, whichever is greater.
High-rise sign. An on-premise mono pole sign used for the purpose of intrastate highway advertising which cannot be higher than 150 feet.
Identification sign. A sign whose copy is limited to the name and address of a building, institution, or person and/or to the activity or occupation being identified.
Illegal sign. A sign which does not meet the requirements of this article and which has not received legal nonconforming status.
Illuminated sign. A sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign.
Incidental sign. A small sign, emblem, or decal, located on the window or wall of the building, informing the public of goods, facilities, or services available on the premises, e.g., a credit card sign or sign indicating hours of business.
Institutional sign. One sign per street front, setting forth or denoting the name of any public, charitable, or religious institution, when located on the premises of such an establishment.
Integral sign. Shall mean memorial signs or tablets, names of buildings, and date of the erection of the building, when cut into any masonry surface or when constructed of bronze or other incombustible materials mounted on the face of a building, i.e. a corner stone.
Intermittent. A pattern of changing light intensity, other than that achieved with immediate, fade or dissolve transitions, where any message remains static at least four seconds.
Interstate highway. Means the existing, unbuilt or unopened system of highways or portions thereof designated as part of the national system of intrastate and defense highways by the Department of Transportation.
Location. Shall mean any lot; premises, building, structure, wall or any place whatsoever upon where a sign is located.
Maintenance. For the purposes of this article, the cleaning, painting, repair, or replacement of defective parts of a sign in a manner that does not alter the basic copy, design, or structure of the sign.
Mansard. A sloped roof or roof-like facade architecturally comparable to a building wall.
Marquee. A permanent roof like structure or canopy of rigid materials supported by and extending from the facade of a building (compare awning).
Marquee sign. Any sign attached to or supported by a marquee structure.
Moving light. The physical change in position of any visible illumination source while lighted or the simulation of movement achieved with a pattern of sequentially illuminating visible illumination sources within close proximity to each other. (Static "dwell" time is typically four to ten seconds.)
Multiple occupancy. A building with more than one business, each of which has a separate entrance, either on the inside or outside of the building, shall be deemed as a multiple occupancy building.
Murals. A painting, illustration, or decoration applied to the exterior wall of a building and may include a painted wall sign when a scene or other artwork is included. Tagged or unsolicited graffiti is prohibited.
Nameplate. A non-electric on-premise identification sign giving only the name, address, and/or occupation of an occupant or group of occupants.
Nonconforming sign.
1.
A sign which was erected legally but which does not comply with subsequently enacted sign restrictions and regulations.
2.
A sign which does not conform to the requirements provided herein but for which a variance has been issued.
Occupancy. The portion of a building or premise owned, leased, rented, or otherwise occupied for a given use.
Off-premise sign. A sign structure advertising an establishment, merchandise, service, or entertainment, which is not sold, produced, manufactured, or furnished at the property on which said sign is located, e.g., "billboards" or "outdoor advertising."
On-premise sign. A sign which pertains to the use of the premises on which it is located.
Owner. A person recorded as such on official records. For the purposes of this article, the owner of property on which a sign is located is presumed to be the owner of the sign unless facts to the contrary are officially recorded or otherwise brought to the attention of the Director, e.g., a sign leased from a sign company.
Painted wall sign. Any sign which is applied with paint or similar substance on the face of a wall.
Parapet. The extension of a false front or wall above a roofline.
Permanent sign. Any permitted monument, freestanding or building sign installed to be used in excess of 12 months from the date of installation, designed to be permanently affixed to the ground or building and meets wind load requirements set forth in the Florida Building Code.
Point of purchase display. Advertising of a retail item accompanying its display, e.g., an advertisement on a product dispenser.
Political sign. For the purposes of this article, a: temporary sign used in connection with a local, state, or national election or referendum.
Portable sign. Any sign designed to be moved, which does not meet wind load requirements as set forth in the Florida Building Code, and/or is not permanently affixed to the ground, a structure or building or which is attachable to a vehicle and is designed to be transported from one place to another whether on its own trailer, wheels or otherwise
Premises. A parcel of land with its appurtenances and buildings which, because of its unity of use, may be regarded as the smallest conveyable unit of real estate.
Projecting sign. A sign, other than a flat wall sign, which is attached to and projects more than six inches from a building wall or other structure not specifically designed to support the sign.
Public signs. Signs which are of a public or non-commercial nature, which shall include government community service information signs, public transit service, public utility informational or location signs, safety or danger signs, trespassing signs, signs which indicate scenic or historic points of interest, public education and college related signs, and all signs erected by a public officer in the performance of a public duty.
Real estate sign. A temporary sign advertising the real estate upon which the sign is located as being for rent, lease, or sale.
Roof sign. Any sign erected over or on the roof of a building (compare mansard, wall sign).
Roofline. The top edge of a roof or building parapet, whichever is higher, excluding any cupolas, pylons, chimneys, or minor projections.
Rotating sign. A sign in which the sign itself or any portion of the sign moves in a revolving or similar manner. Such motion does not refer to methods of changing copy.
Sandwich board sign. A freestanding temporary A-frame sign; no larger than seven square feet total sign size; displayed outside a business, during business hours, to advertise the business, hours of operation, an event, a promotion, etc.
Setback. The distance between the lot line or public right-of-way and the leading edge of the sign. In no case may a sign extend over the right-of-way line of any public way.
Sign. Any device, structure, fixture, or placard using graphics, symbols, and/or written copy designed specifically for the purpose of advertising or identifying any establishment, product, goods, or services.
Sign, area of.
1.
Projecting and freestanding. The area of a freestanding or projecting sign may have two sign faces each of which may be up to the same square footage on each side as allowed herein. The area of the sign shall be measured as follows if the sign is composed of one or more individual cabinets: The area around and enclosing the perimeter of each cabinet or module shall be summed and then totaled to determine total area. The perimeter of measurable area shall not include embellishments such as pole covers, framing, decorative roofing, etc., provided that there is not written advertising copy on such embellishments.
2.
Wall signs. The area shall be within a single, continuous perimeter composed of any straight-line geometric figure which encloses the extreme limits of the advertising message. The combined areas of the individual figures shall be considered the total sign area.
Smartboards. An off-premise advertising sign, display, or device that changes the message or copy on the sign by means of a liquid crystal display. Smartboards may not incorporate animation in the copy or change of copy. Smartboard signs must contain a default design that will freeze the sign in one position if a malfunction occurs. Each image/message displayed shall remain fixed for at least eight seconds. When an image/message is changed, it must be accomplished within an interval of two seconds or less.
Snipe sign. A temporary sign or poster affixed to a tree, fence, etc.
Stacked billboard(s). A billboard style design located adjacent to the interstate which has two facings on each side for a total allowable amount of four facings.
Street banner sign. Shall mean any temporary banner which is stretched across and hung over a public right-of-way.
Subdivision or tract name sign. An externally or internally illuminated freestanding or wall sign is to recognize subdivisions, condominium complexes, or residential developments.
Temporary sign. A sign not constructed or intended for long-term use, includes, but is not limited to, portable signs, banners, streamers, pennants, festoons, snipe signs and other similar non-permanent signs.
Under-canopy sign. A sign suspended beneath a canopy, ceiling, roof, or marquee.
Under-marquee sign. A sign suspended beneath a marquee.
Use. The purpose for which a building, lot, sign, or structure is intended, designed, occupied, or maintained.
Vehicle sign. A sign erected or placed on a vehicle, including automobiles, trucks, boats, campers, and trailers, which are parked on or otherwise utilizing the public right-of-way, or on private property so as to be viewed from the vehicular right-of-way for the basic purpose of providing advertisement or products, services or directions to a business. This definition is not to be construed to include those signs which are adhered to a vehicle for the purpose of identifying a company and used to traverse public highways or devices attached which are customarily attached to a vehicle of mass transit.
Wall sign. A sign painted on or erected parallel to and extending not more than six inches from the wall of a building. This definition includes painted, individual letter(s), cabinet signs, and signs on a mansard, or parapet. This definition does not include banners affixed to a building, awning, or sign structure. These signs will be confined within the limits of the outside wall or building and will have one face.
Window sign. A sign installed inside a window and intended to be viewed from the outside.
(Ord. No. 1167, § 1(Exh. A), 11-5-24)
No person shall erect, place or maintain a sign within the City except in accordance with the provisions of this article.
(Ord. No. 1167, § 1(Exh. A), 11-5-24)
The following signs are prohibited in all areas of the City:
1.
Abandoned signs;
2.
Any non-governmental sign located within a dedicated City street right-of-way unless specifically authorized by the City;
3.
Flashing, fluttering, undulating, swinging, rotating, or otherwise moving signs; except for City approved under-marquee and under-canopy signs in the Main Street district;
4.
Any sign which blocks or restricts the sight distance of a motor vehicle operator at any driveway or intersection;
5.
Any sign for which any part of the sign extends over, across, or above any public way, including roadways and sidewalks, except governmental signs and City approved under canopy and under-marquee signs in the Main Street district. All signs must comply with ADA accessibility requirements;
6.
Any sign using the words "Stop," "danger," "detour" or any comparable word phrase and symbols which would normally be associated with traffic directions, in a manner that tends to mislead, confuse or distract the driver of a vehicle, shall be prohibited;
7.
Portable signs. The use of portable signs as defined in this Code is prohibited, except as permitted in section 5-11 of this Code;
8.
Real estate signs with arrows pointing to property in which the sign is not located;
9.
Beacon lighting as defined in this Code is prohibited;
10.
Bench signs as defined by this Code are prohibited within the corporate City limits of the City of Marianna;
11.
Banners, or flying paraphernalia, with the exception of official federal, state, county, or educational institution flags, and symbolic flags for each institution or business, except as permitted in section 5-11.1 of this Code;
12.
Signs erected or maintained upon trees or painted or drawn upon rocks or other natural features with the exception of "posted property" signs;
13.
Bandit signs, either on-site or off-site, except for real estate signs and as allowed in subsection 5-11.1(12);
14.
Snipe signs, except as allowed in section 5-7.11; and
15.
Signs that are of such intensity or brilliance as to cause glare or impair the vision of any motorist, cyclist, or pedestrian using or entering the public way, or that are a hazard or a nuisance to occupants of any property because of glare or other characteristics as determined and defined by Florida Department of Transportation (FDOT) standards, or any other State or Federal guideline. Intensity and brilliance of signs must not be a nuisance to neighboring properties.
(Ord. No. 1167, § 1(Exh. A), 11-5-24; Ord. No. 1171, § 1(Exh. A), 5-6-25)
No person shall erect, place or construct any sign without first obtaining a permit from the City except as specified in section 5-7. No permit is required for the maintenance of a sign or for a change of copy on, printed or changeable copy signs.
(Ord. No. 1167, § 1(Exh. A), 11-5-24)
The following types of signs are exempted from permit requirements but must be in conformance with all other requirements of this article:
1.
Construction signs of 32 square feet or less, including bandit signs.
2.
Directional/information signs of six square feet or less located behind the applicable setbacks.
3.
Holiday or special events decorations.
4.
Name plates of two square feet or less.
5.
Political signs.
6.
Public signs or notices, or any sign relating to an emergency and/or community wide event.
7.
Real estate signs.
8.
Non-permanent window signs.
9.
Incidental signs.
10.
"For sale" signs of two square feet or less.
11.
Snipe signs for garage sales, yard sales or similar events in residential and mixed-use districts provided that the sign is not in the City or State right-of-way, the owner has permission from the property owner for placement of the sign and the sign is removed by the installer within 24 hours of the sale or event.
12.
Bandit signs and banners at or for public events on City, school board, college, county or other public property provided they are removed after the event.
13.
Signs located at City or school recreational areas provided by sponsors.
14.
Integral signs as defined in this Code.
15.
Flags, balloons, festoons, and streamers, with the exception [of] feather flags/banners which must be permitted under [section] 5-11 of this Code.
(Ord. No. 1167, § 1(Exh. A), 11-5-24; Ord. No. 1171, § 1(Exh. A), 5-6-25)
All signs shall be properly maintained. Exposed surfaces shall be clean and painted if paint is required. Defective parts shall be replaced. The City Commission shall have the authority under subsection 5-16.5 to order the repair or removal of any sign which is defective, damaged, or substantially deteriorated.
(Ord. No. 1167, § 1(Exh. A), 11-5-24)
Unless otherwise specified by this article, any sign herein allowed may use manual or automatic changeable copy. Changeable message signs and smartboards are also allowed, unless otherwise specified by this article. No display or device shall be illuminated by any rapid flashing light or lights. Dissolve and fade are allowed, provided the lighting does not flash. No advertising sign shall be erected or maintained which involves rapid motion or rotation of the structure. Videos and animation are allowed.
(Ord. No. 1167, § 1(Exh. A), 11-5-24)
Unless otherwise specified by this article, all signs may be lighted or illuminated consistent with the following provisions:
1.
Sign lighting shall not be installed or located so as to cause confusion with traffic control lights.
2.
Illumination by spotlights or floodlights or other signs that are of such intensity or brilliance as to cause glare or impair vision are not allowed if the light emitted shines onto an adjoining property or into the eyes of persons driving, cycling, or walking upon any roadway or sidewalk.
3.
Exposed incandescent lights shall not be used for lighting outdoor signs.
4.
Revolving beacons and flashing lights are prohibited.
(Ord. No. 1167, § 1(Exh. A), 11-5-24)
5-11.1. Allowable signs in all districts. The following signs are allowed in all districts:
1.
All signs not requiring permits.
2.
One construction sign for each street frontage of construction project, not to exceed 32 square feet in sign area. Such signs may be erected 120 days prior to beginning of construction and shall be removed 30 days following completion of construction.
3.
One non-illuminated real estate sign per lot or premises, per street front will be allowed. They are not to exceed six square feet in sign area in residential districts and 32 square feet in the mixed use and commercial districts. Such signs must be removed ten days following sale, rental, or lease.
4.
One attached nameplate per occupancy, not to exceed four square feet in sign area.
5.
Political signs not to exceed six square feet in residential districts and 32 square feet in nonresidential district. All political signs shall be removed within 14 days after the election or runoff.
6.
Eight directional/information signs per business, not to exceed six square feet in area. Directional signs may contain business name and logo.
7.
Temporary special event signs and decoration per premises for special public events, grand openings, closings, going-out-of-business, or holidays. Such signs and decorations may be erected 60 days prior to a special event or holiday and shall be removed ten days following the event or holiday.
8.
Temporary banners for civic events or events of general public good extending across the public right-of-way at locations specified by the planning board. Such banners shall be up no more than 60 days. If located across a State road the sign will require State approval.
9.
"For sale" signs advertising vehicles, boats or other similar items for sale by owner provided such sign does not exceed two square feet of sign area.
10.
Temporary banners and feather flags for special sales events are allowed once each quarter for 30 days. The business owner must apply for a permit a minimum of five business days prior to the event. The permitted banners and feather flags must not be located in the public right-of-way, and permitted banners and feather flags must not endanger the health and/or safety of the public. There will be no charge for permitting under this paragraph.
11.
Non-illuminated/non-powered A-frame or T-frame menu/sandwich signs may be displayed. Each sign may be a maximum five and one-half feet tall by five feet wide. The signs must allow clearance on the sidewalk and cannot impede pedestrian traffic or the site vision of pedestrian and automobile traffic. The sign must be constructed of wood, metal or a similar sturdy and attractive material as approved by the Municipal development Director. Under no circumstances will cardboard construction be allowed.
12.
Nonprofit 501(c)(3) or similarly designated organizations may erect bandit signs and banners for a period 30 days. The sign owner shall be responsible for removal of the sign within two days after the 30-day period expires.
13.
All outdoor advertising along State roads requires authorization from [the] Florida Department of Transportation.
5-11.2. Permitted signs in residential district. The following signs shall be permitted in residential zoning districts; all other signs are prohibited:
1.
All signs permitted in subsection 5-11.1.
2.
Subdivision or apartment identification signs per residential development, not to exceed an aggregate of 64 square feet on building signs and an aggregate of 64 square feet on free-standing signs:
3.
Signs describing a home occupation or home office of convenience provided signs are mounted flat against the wall of the building; there are no more than one sign per residence; and, the sign does not exceed 16 square feet of sign area.
4.
For churches, synagogues or similar institutional uses freestanding signs not to exceed an aggregate of 64 square feet in free-standing sign area, and wall signs not to exceed an aggregate of 64 square feet in sign area.
5.
All allowed freestanding signs in residential districts shall have a height limit of 15 feet and shall have a setback of seven feet from all lot lines and any public right-of-way measured from the leading area of the sign. If the sign is located on the corner of two streets, the sign must be set back a minimum radius of 15 feet from the right-of-way intersection measured from the closest edge of the right-of-way. If the sign is at the corner of a street and driveway intersection, the sign must be setback a minimum radius of ten feet from the right-of-way intersection measured from the closest edge of the right-of-way.
6.
All freestanding signs in the residential district must be constructed so that the minimum lowest point ground clearance is less than three feet, so as to either prevent persons from walking under or through the sign or sign structure.
7.
Murals that include artwork are encouraged. Residential and Historical buildings listed in the Jackson County Survey of Historically Significant Sites require City Commission approval. There will be no charge or permitting under this paragraph.
8.
All outdoor advertising along State roads requires authorization from [the] Florida Department of Transportation.
5-11.3. Permitted signs in mixed use (MU) districts. The following signs shall be permitted in MU districts; all other signs are prohibited:
1.
All signs permitted in subsection 5-11.2.
2.
Combined area of all identification signs for apartments, townhouses, condominium or other multifamily residential developments, shall not exceed 75 square feet of sign area.
3.
For commercial development allowed in MU districts freestanding signs for businesses are allowed. The total sign area of all on-site free-standing signs shall not exceed 75 square feet. The total sign area of all wall signs shall not exceed 75 square feet.
4.
All allowed freestanding signs in MU districts shall have a height limit of 15 feet. All freestanding signs shall be located at least seven feet from all lot lines and public right-of-way lines, and 15 feet from all right-of-way and driveway intersections measuring from the leading edge of the sign. In no case may a sign extend over the right-of-way line or any public way.
5.
If the sign is located on the corner of two streets, the sign must be set back a minimum radius of 15 feet from the right-of-way intersection measured from the closest edge of the right-of-way. If the sign is at the corner of a street and driveway intersection, the sign must be setback a minimum radius of ten feet from the right-of-way intersection measured from the closest edge of the right-of-way.
6.
All free-standing signs in the MU district must be constructed so that the minimum lowest point ground clearance is either less than three or more than seven feet so as to either prevent or allow persons to walk under or through the sign or sign structure.
7.
Murals that include artwork are encouraged. The business name may be located within the mural with no size restrictions. Residential and Historical buildings listed in the Jackson County Survey of Historically Significant Sites require City Commission approval. There will be no charge or permitting under this paragraph.
8.
All outdoor advertising along State roads requires authorization from [the] Florida Department of Transportation.
5-11.4. Permitted signs in commercial and industrial districts. The following signs shall be permitted in commercial and industrial districts; all others are prohibited:
1.
All signs permitted in subsection 5-11.3.
2.
Freestanding signs for businesses and industries are allowed. The total sign area of all signs shall not exceed 500 square feet.
3.
All freestanding signs shall be located at least seven feet from all lot lines and public right-of-way lines measured from the leading area of the sign. In no case may a sign extend over the right-of-way line or any public way. In the case of electrified signs, the bottom of the sign and the outline lighting enclosure shall not be less than 16 feet above grade in areas accessible by on-site vehicular traffic.
4.
No part of any sign shall be located within a 15-foot radius of the intersection of the improved surface of any two streets, or the improved surface of any street and railroad as measured from the closest edge of the right-of-way or within the intersection of any driveway and the improved surface of any street as measured from the closest edge of the right-of-way.
5.
Wall signs shall not exceed an aggregate area of 200 square feet in sign area.
6.
Awning and marquee signs are measured by copy area only and are counted as part of the aggregate wall sign area.
7.
One under-canopy sign per occupancy, not to exceed 16 square feet in sign area.
8.
Incidental signs not to exceed four square feet in aggregate sign area per occupancy.
9.
The maximum permitted height for any on-premise sign in a nonresidential district shall be 75 feet above the surface grade beneath the sign.
10.
Projecting signs shall conform to the requirements of the Florida Building Code and shall be permitted only where a public sidewalk abuts the side of the building on which the projecting sign is affixed. Projecting signs shall count toward the business's aggregate wall sign area.
11.
All free-standing signs in commercial and industrial districts must be constructed so that the minimum lowest point ground clearance is either less than three or more than seven feet so as to either prevent or allow persons to walk under or through the sign or sign structure.
12.
Murals that include artwork are encouraged. The building and business name may be located within the mural with no size restrictions if artwork is used. Residential and historical buildings listed in the Jackson County Survey of Historically Significant Sites require City Commission approval. There will be no charge or for permitting under this paragraph.
13.
Temporary banners for announcements that are of general public good are allowed and may be erected 60 days prior to the announcement and shall be removed ten days following the event.
14.
All outdoor advertising along State roads requires authorization from [the] Florida Department of Transportation.
5-11.5. Permitted signs in public/institutional (P/I) and recreation (REC) districts. The following signs shall be permitted in P/I and REC districts; all others are prohibited.
1.
All government signs.
2.
For any non-government use, the aggregate of all freestanding signs shall not to exceed 500 square feet of sign area, and aggregate of wall sign area shall not to exceed 200 square feet.
3.
All allowed freestanding signs in P/I or recreation districts shall have a height limit of 50 feet and shall have a setback of seven feet from all lot lines and any public rights-of-way measured from the leading edge of the sign. In no case may a sign extend over the right-of-way line or any public way. If the sign is located on the corner of two streets, the sign must be set back a minimum radius of 15 feet from the right-of-way intersection measured from the closest edge of the right-of-way. If the sign is at the corner of a street and driveway intersection, the sign must be setback a minimum radius of ten feet from the right-of-way intersection measured from the closest edge of the right-of-way.
4.
All free-standing signs in P/I and recreation districts must be constructed so that the minimum lowest point ground clearance is either less than three or more than seven feet, so as to either prevent or allow persons to walk under or through the sign or sign structure.
5.
Murals that include artwork are encouraged. The building and business name may be located within the mural with no size restrictions if artwork is used. Residential and historical buildings listed in the Jackson County Survey of Historically Significant Sites require City Commission approval. There will be no charge or permitting under this paragraph.
6.
All outdoor advertising along State roads requires authorization from [the] Florida Department of Transportation.
5-11.6. DISTA (downtown improvement special treatment area) sign regulations. The following regulations shall apply to all signs which are permitted in existing and future DISTA areas. All others shall be prohibited. Realizing that sign appearances have a proven impact on business patronage, the following requirements shall be fulfilled:
1.
The aggregate area of all building signs shall not exceed 100 square feet.
2.
Flush mounted back lit signs, consisting of only logs and letters, are permitted. Placement below the awning is not allowed.
3.
Projecting signs are permitted in the DISTA subject to the following requirements:
a.
Shall be signs which project more than six inches from the wall.
b.
Shall show engineered certification of meeting the applicable wind load requirements.
c.
Shall be limited to the overall size of 40 square feet.
4.
Window signs are allowed.
5.
Menu signs are permitted in the DISTA. Menu signs shall be located so as to not interfere with outward opening doors or windows, or to impede traffic on sidewalks. Menu signs must architecturally compliment and coordinate with the building where the business is located. Menu signs are only allowed during the hours of operation. After hours the signs must be stored inside. Menu signs must be secured to prevent the sign from being blown by the wind into the street or pedestrian traffic.
6.
Signs shall not cover existing architectural features, such as windows or cornices. Where the upper portion of the building facade is occupied by decorative features, an alternate location for signs must be found. Awnings and store front windows may be used as alternatives provided that they meet other sign and life safety code regulations.
7.
Buildings with divided suites may have flush mounted directories. These directories will count as part of the total sign area allowed.
8.
All relief lettering and numbering which are original to the building and are deemed to be historic, must remain in place and be maintained. The historic architectural elements may not be covered or altered.
9.
Historically relevant neon signs, which are documented original to the structure, are allowed in the DISTA as long as they meet other applicable sign requirements.
10.
Materials which will be allowed in the DISTA for signs include: wood, masonry, metal, opaque or translucent material, glass, or manmade products which are designed to closely reflect the look of such materials.
11.
Existing establishments with signage, in operation and open to the public on the effective date of the ordinance from which this section is derived, shall be considered permitted nonconforming signs. All DISTA signs which are nonconforming at the effective date of the ordinance from which this section is derived, shall have the following incentive plan for coming into compliance within three years:
a.
Applications received within the first year from the effective date of the ordinance from which this section is derived will have development order fees waived.
b.
Applications received within the second year will receive 75 percent discount of the development order fee in effect at that time.
c.
Applications received in the third year will receive a 50 percent discount of the development order fee in effect at the time.
All DISTA signs which do not come into compliance utilizing the three-year incentive plan will be subject to the full development order fee that is in effect at that time.
12.
Once an existing nonconforming sign is removed for more than 180 days, the sign must be brought into compliance and future signs must meet the requirements of article V of this Code.
13.
Murals that include artwork are encouraged. Residential and Historical buildings listed in the Jackson County Survey of Historically Significant Sites require City Commission approval. There will be no charge or permitting under this paragraph.
14.
All outdoor advertising along State roads requires authorization from [the] Florida Department of Transportation.
(Ord. No. 1167, § 1(Exh. A), 11-5-24; Ord. No. 1171, § 1(Exh. A), 5-6-25)
In addition to any regulations applying to signs in general, the following regulations shall apply to off-premises signs and billboards:
5-12.1. Location.
1.
Billboards shall only be located, installed or constructed on Penn Avenue (Highway 276) and I-10 within a one-half mile radius of the S.R. 276/I-10 interchange measured from the middle of the median between the two lanes.
2.
No billboard shall be located closer than 1,000 feet to any other off-premises sign on the same side on any street, on the route of travel. The distance shall be measured along the nearest edge of the pavement at points directly opposite the center of the sign and located on the same side of the same street.
3.
Unless otherwise provided for in this article, off-premises signs and billboards shall comply with the same heights, setback and sight distance requirements as all other signs.
4.
No billboards shall be located closer than 100 feet to any residential district or any property used for residential purposes, unless separated from it by a street or building. Must meet Florida Building Code height.
5.
All off-premises signs and billboards located adjacent to State roads shall be subject to the provisions of F.S. ch. 479, in addition to this article.
6.
Billboard signs may be stacked one on top of the other as long as they can meet all other applicable codes. They can have two faces on each side for a total of four facings. The height limit shall be 75 feet.
7.
Off-premise signs shall be permitted within the RES, COM, MU, IND, REC zoning designation requirements provided they are 60 square feet or less, have a maximum height of 15 feet, and do not obstruct traffic vision.
8.
All outdoor advertising along State roads requires authorization from [the] Florida Department of Transportation.
5-12.2 Development standards.
1.
The lowest portion of any billboard must be at least 16 feet above the surface grade beneath the sign.
2.
No billboard shall be illuminated by or contain flashing intermittent, rotating or moving light or lights used primarily to attract attention, excluding electronic message centers or time and temperature.
3.
All billboards shall be all-metal single-pole construction except for the skirt which may be of other durable materials.
4.
The maximum permitted height for billboard shall be 75 feet above the surface grade beneath the sign or the maximum height permitted in the district within which the sign is located.
5-12.3. On-premise signs (high-rise signs).
1.
High-rise signs will be allowed to be erected at businesses which are located within one quarter mile of Interstate 10. For the purpose of this Code, high-rise signs shall be considered as on-premise signs. These signs shall be allowed in addition to the total amount of signage otherwise allowed for the zone in which the land is located.
2.
High-rise signage shall not exceed 150 feet in height.
3.
High-rise signage shall not exceed 500 square feet in frontage, per face, with a total of four facings to be allowed.
4.
High-rise signs cannot be located any closer than 500 feet apart.
5.
When located in a parking lot or traffic way, the base of these signs must have protective barriers capable of stopping vehicular traffic in a safe manner included in the site plan drawings.
6.
Animation will be allowed on high-rise signs.
(Ord. No. 1167, § 1(Exh. A), 11-5-24)
Existing, permanent signs which do not conform to the provisions of this article shall be legally nonconforming provided that:
1.
The Director determines that such signs are properly maintained and do not in any way endanger the public.
2.
Such signs are not located on any public right-of-way.
5-13.1. Loss of legally nonconforming status. A legal nonconforming sign shall lose this designation if:
1.
The sign is removed, not relocated and not replaced after a period of six months;
2.
The structure or size of the sign is altered in any way except towards compliance with this article (this does not refer to normal maintenance).
5-13.2. Maintenance and repair of nonconforming signs. The legal nonconforming sign is subject to all requirements of this article regarding safety, maintenance, and repair. However, if the sign suffers more than 50 percent appraised damage or deterioration; it must be brought into conformance with this Code or removed.
(Ord. No. 1167, § 1(Exh. A), 11-5-24)
All permanent signs shall be constructed and erected in accordance with the requirements of the Florida Building Code and the National Electrical Code, and as specified in this section.
5-14.1. Anchoring.
1.
No sign shall be suspended by non-rigid attachments that will allow the sign to swing in a wind, except for under-canopy and under-marquee signs.
2.
All freestanding signs shall have self-supporting structures erected on or permanently attached to concrete foundations.
5-14.2. Wind loads. All signs shall be designed and constructed to meet the wind loading requirements as set forth in the Florida Building Code. In addition, on all signs 30 feet or greater in overall height, the drawings and structural specifications submitted for permitting shall bear the seal and signature of a Florida registered engineer.
5-14.3. Additional construction specifications.
1.
No signs shall be erected, constructed, or maintained so as to obstruct any fire escape, required exit, window or door opening used as a means of egress.
2.
No sign shall be attached in any form, shape or manner which will interfere with any opening required for ventilation.
3.
Signs shall be located in such a way as to maintain horizontal and vertical clearance of all overhead electrical conductors in accordance with National Electrical Code specifications, depending on voltages concerned.
4.
All signs containing electrical components shall be constructed or located according to the specifications of the Florida Building Code, the National Electrical Code, as well as the specifications of Underwriters Laboratories or other approved testing agency. All such signs shall have a clearly visible testing agency label permanently affixed.
5.
Any freestanding sign, whether for on- or off-premises use, which has a sign area of 100 square feet or more shall be all-metal single-pole construction except for the skirt which may be of other durable materials.
6.
All exposed metals, unless galvanized or non-corrosive materials, shall be painted.
(Ord. No. 1167, § 1(Exh. A), 11-5-24)
5-15.1. Administration. The Director shall be authorized to process applications for permits and variances, schedule public hearings as required, and enforce and carry out all provisions of this article, both in letter and in spirit. The Director is empowered, upon presentation of proper credentials, to enter or inspect any building, structure, or premises in the City for the purpose of inspecting a sign and its structural and electrical connections to ensure compliance with all applicable codes and ordinances. The Director may be accompanied by other appropriate inspectors or officials necessary to ensure compliance with the provisions of applicable codes and ordinances. Such inspections shall be carried out during business hours unless an emergency exists.
5-15.2. Application for permits. Application for a permit for the erection, alteration, location or relocation of a sign shall be made to the Director upon a form provided by the City and shall include the following information:
1.
Name and address of the owner of the sign.
2.
Street address or location of the property on which the sign is to be located, along with the name and address of the property owner.
3.
The type of sign structure as defined in this article.
4.
A site plan showing the proposed location of the sign along with the locations and square footage areas of all existing on the same premises.
5.
Specifications and scale drawings showing the materials, design, dimensions, structural supports, and electrical components of the proposed sign.
5-15.3. Issuance and denial. The Director or the staff designee will approve all signs which do not require a variance, or modification of the Code. If a sign should need a variance or other decisions beyond staff level authority, a variance request shall be submitted in writing and the applicable administrative procedure(s), including proper public notice, shall be followed.
5-15.4. Permit conditions. A sign permit issued by the Director and/or City Commission shall remain valid for a period of six months from the date of issuance. If any sign is installed or placed on any property prior to the receipt of a permit, the sign, including any embellishments, poles, and supporting structures, shall be removed. If any alteration, addition, or enlargement requiring a permit is made to a sign prior to the receipt of a permit, such-alteration, addition, or enlargement shall be removed. No variance from these provisions shall be granted.
5-15.5. Removal of signs. It shall be unlawful for any person or company to violate or fail to comply with any provision of this article. Violation of the provisions of this article shall constitute a misdemeanor and the defendant shall be subject to a fine not exceeding $500.00. Companies applying for permits, installing signs, or otherwise acting on behalf of individuals, businesses, and/or groups found in violation of this article shall be subject to a fine not exceeding $1,000.00. Each day's violation of any provision of this article shall constitute a separate offense. Failure to adhere to the provisions of this article as a result of not contacting the City Municipal Development Department does not constitute or create a situation where a variance can be requested.
The Director, upon approval by the City Commission, may cause the removal of an illegal or unsafe sign when the owner fails to comply with the orders of removal, relocation or repair, or upon determination that the sign has been abandoned for a period of 90 days. After removal or demolition of the sign, a notice shall be mailed to the sign owner stating the nature of the work and the date on which it was performed and demanding payment on the costs as certified by the City Clerk together with an additional 15 percent for inspection and incidental costs. For the purposes of this subsection, removal of a sign shall include the removal of any embellishments, poles, and supporting structures.
Temporary signs not meeting the requirements of article V of this Code may be removed by the Director or his/her designee at the Director's discretion. In cases where unsafe signs may cause an emergency, the City Manager may approve the Director to remove the sign. If the amount specified in the notice is not paid within 30 days of the notice, it shall become an assessment upon a lien against the property of the sign owner, and will be certified as an assessment against the property with a ten percent penalty for connection in the same manner as the real estate taxes.
The owner of the property upon which the sign is located shall be presumed to be the owner of all signs thereon unless facts to the contrary are brought to the attention of the City, as in the case of a leased sign.
(Ord. No. 1167, § 1(Exh. A), 11-5-24)