The purpose of this code is to provide the minimum control of signs necessary to promote the health, safety, and general welfare by lessening hazards to pedestrians and vehicular traffic, by preserving property values, by preventing unsightly and detrimental development that would detract from the appeal of the community and lead to economic decline and blight, by preventing signs from reaching such excessive size or numbers that that they obscure one another to the detriment of all concerned, by securing certain fundamentals of design that would strengthen the community's economic base, and by preserving the right of free speech.

(Ord. No. 2008-24, § 1, 9-16-2008)

(a)

Relationship to building and electrical codes. These sign regulations are intended to complement the requirements of the building and electrical codes of the city. Wherever there is inconsistency between these regulations and the Florida Building Code, the Florida Building Code shall apply.

(b)

No defense to nuisance action. Compliance with the requirements of these regulations shall not constitute a defense to an action brought to abate a nuisance under the common law.

(Ord. No. 2008-24, § 1, 9-16-2008)

The sign types included in section 118-6 shall be allowed subject to the applicable conditions indicated in the sign regulation table, attached hereto as exhibit A.

(Ord. No. 2008-24, § 1, 9-16-2008)

Notwithstanding anything contained in this code to the contrary, any sign erected pursuant to the provisions of this code or otherwise lawfully existing with a commercial message may, at the option of the owner, contain a noncommercial message in lieu of a commercial message and the noncommercial copy may be substituted at any time in place of the commercial copy. The noncommercial message (copy) may occupy the entire sign face or any portion thereof. The sign face may be changed from commercial to noncommercial messages, or from one noncommercial message to another, as frequently as desired by the owner of the sign, provided that the sign is not a prohibited sign or sign type and provided that the size, height, setback, and other dimensional criteria contained in this code have been satisfied.

(Ord. No. 2008-24, § 1, 9-16-2008)

Notwithstanding anything in this chapter or code to the contrary, no sign or sign structure shall be subject to any limitation based upon the content (viewpoint) of the message contained on such sign or displayed on such sign structure.

(Ord. No. 2008-24, § 1, 9-16-2008)

Awning. Information painted on, or imprinted on, awnings. The term "awning" means a sheltering screen, usually of canvas fabric, extending over or before any place which has windows, doors, outside walks, or the like, and providing shelter or protection against the weather. Awning signs shall be calculated as a portion of the square footage allowed for on the site as outlined in this section.

Electronic message centers and signs. Signs that automatically change copy or signs which include, but are not limited to, digital reader board signs.

Integral. Memorial signs or tablets, names of buildings, and date of erection when cut into masonry surfaces or when constructed of bronze or other incombustible materials mounted on the face of a building. Integral signs shall not be computed in the total allowable signage on a site.

Marquee. Any sign attached to and made part of a marquee. A marquee is defined as a permanent roof-like structure projecting beyond a building wall at the entrance to a building or extending along and projecting beyond the building's wall and generally designed and constructed to provide protection against the weather.

Monument. A sign which has the vertical structure supports concealed in an enclosed base. The width of such enclosed base shall be equal to at least two-thirds the horizontal width of the sign surface. The enclosed base shall be of brick or compatible material matching the finish of the primary structure.

Pole A sign in which the vertical support(s) are not concealed within an enclosed base. Pole signs are required to be wrapped with a pole cover.

Projecting. A projecting sign is any sign other than a wall sign affixed to any building or wall whose leading edge extends beyond such building or wall.

Roof. A sign that is mounted on the roof of a building or that is wholly dependent upon a building for support and that projects above the top walk or edge of a building with a flat roof, the eave of a building with a gambrel, gable, or hip roof, or deck line of a building with a mansard roof. Roof signs are prohibited with no exceptions.

Sandwich board. A sandwich board is a two-sided, self-supporting sign with the base of the sign being the supporting structure and the connecting point located at the top of the sign.

Swing A swing sign is any sign projecting from an angle or the outside wall or walls of any building, or from an awning, which has a horizontal dimension equal to or exceeding its vertical dimension, and which is suspended from a projecting structure in such a manner that the sign itself, or any part thereof, is not attached to the building or wall.

Wall. A wall sign is any sign painted on or attached to an erected structure parallel to the face of, or erected and confined within the limits of, the outside wall of any building and supported by such wall or building and which displays only one advertising surface.

Window. A window sign is any sign placed inside or upon a window facing the outside and which is intended to be seen from the exterior.

(Ord. No. 2008-24, § 1,9-16-2008; Ord. No. 2009-04, §§ 1, 2, 7-7-2009; Ord. No. 2020-07, § 1, 9-1-2020)

The sign types provided for in this section shall be allowed in all zoning districts, in addition to those sign types provided for in the chart referenced in section 118-3. Further, the sign types provided for in this section are exempt from the permitting requirements of this code provided they must still meet all other applicable code requirements and provided further they are not placed or constructed so as to create an immediate threat to the public health, safety, or welfare:

(1)

[Signs of governmental agencies.] Signs authorized by statute or ordinance when erected on public property by governmental agencies having jurisdiction.

(2)

[Signs required by law.] Legal notices and official instruments when required by law.

(3)

Warning signs and safety signs. Warning signs and safety signs, not exceeding four square feet in sign area, shall be allowed in all zoning districts. The maximum height for these signs shall be six feet unless otherwise required by applicable law.

(4)

[Temporary holiday decorations.] Decorations that pertain to legal or other recognized holidays or to a season of the year which are of a temporary nature.

(5)

Temporary real estate signs. A temporary sign advertising the sale, rental, or lease of the premises or part of the premises on which the sign is displayed temporarily. For each parcel within the city, one temporary real estate sign pertaining to the sale or lease of the premises or portion thereof on which the sign is located may be displayed on each frontage per parcel of land. However, when more than one dwelling unit or nonresidential space on a parcel of land is for sale, lease, or rent, there shall only be one attached real estate sign for each such unit or space that is separately owned. Temporary real estate signs shall not exceed four square feet in sign area, five feet in height, and shall have a 15-foot setback for residential properties, and 16 square feet in sign area, five feet in height, and a 15-foot setback for nonresidential properties. Temporary real estate signs shall be removed immediately upon the sale, lease, or rent of the real estate that was offered for sale, lease, or rent.

(6)

Temporary construction signs. A temporary sign erected on the premise on which construction is taking place, during the period of construction indicating the owner, architect, engineer, planner, landscape architect, contractor, subcontractor, lending institution, and/or a statement relating to the construction project. Temporary construction signs shall be removed within ten days of the issuance of a certificate of occupancy. One temporary construction sign shall be allowed on each parcel within the city, and such signs shall not exceed eight square feet in sign area, ten feet in height, and have a 15-foot setback for residential properties, and 32 square feet in sign area, ten feet in height, and a 15-foot setback for nonresidential properties.

(7)

Free expression signs. A sign communicating information or views of concern to the owner of the sign containing messages that are otherwise lawful. for each parcel within the city, one free expression sign not exceeding three square feet in sign area may be displayed on each frontage per parcel of land. The free expression sign may be displayed as an attached sign, window sign, or as a freestanding sign; if displayed as a freestanding sign, the freestanding sign shall not exceed three feet in height. A free expression sign is in addition to any other sign permitted under this code and is permitted in any zoning district category.

(8)

Street address signs and residential mailboxes. Any sign denoting the street address of the premises on which it is attached or located. For each parcel within the city, one attached wall street address sign may be displayed. For parcels in residential use, the street address sign shall not exceed two square feet in area. For each parcel in nonresidential use, the street address sign shall not exceed four square feet in sign area. In addition to street address signs, a residential mailbox with the address of the property affixed to it such that the address is no larger than one side of the mailbox shall be allowed for each residence in the city.

(9)

Nameplate or occupant identification signs. An attached wall sign indicating the name and/or profession or address of a person or persons residing on the premises where the sign is located or legally occupying the premises on which the sign is located. For each residence, business or other occupancy within the city, one attached wall nameplate sign may be displayed. For residences the nameplate or occupant identification signs shall not exceed four square feet in sign area. For any nonresidential use, the nameplate or occupant identification sign shall not exceed eight square feet in sign area.

(10)

Temporary political signs. A temporary sign erected or displayed for the purpose of expressing support for or opposition to a candidate or stating a position regarding an issue upon which the voters of the city shall vote. For each parcel within the city, four political signs may be displayed on each frontage per parcel of land. A political sign may be displayed as an attached sign or as a freestanding sign. On parcels that are in residential use, the political sign shall not exceed four square feet in sign area; and if the political sign is displayed as a freestanding sign on the parcel, the political sign shall not exceed three feet in height. On parcels that are in nonresidential use, the political sign shall not exceed 16 square feet in sign area; and if the political sign is displayed as a freestanding sign on the parcel, the political sign shall not exceed six feet in height. Political signs may be installed within 60 days prior to a primary, general, or special election and shall be removed within ten days after withdrawal of a candidate's candidacy, having been eliminated as a candidate, or having been elected to office.

(11)

Flagpoles. A pole on which to raise a flag. One flagpole is allowed for each parcel in the city. Flagpoles in all districts shall not exceed 20 feet in height, with the exception of flagpoles located on land dedicated for park purposes or on governmental property.

(12)

Flags. Any fabric, or similar material, or bunting containing distinct colors, patterns or symbols, used as an ornamental flag or as a symbol of government, political subdivision, corporation or business or other entity and which is not a banner. For each detached dwelling unit in a residential district and each parcel in a multi-family residential district and in a nonresidential district three flags not greater than 15 square feet in sign area each may be displayed. A single flag of larger size may be flown on land dedicated for park purposes or on governmental property.

(13)

Reserved.

(14)

Sandwich board. A sandwich board is a two-sided, self-supporting sign with the base of the sign being the supporting structure and the connecting point located at the top of the sign. Sandwich board signs may not be placed in the city right-of-way, shall be placed on applicant's property, and may be displayed only during applicant's regular business hours.

(15)

Weekend sales. Signs announcing and directing customers to an open house for one single-family dwelling or one multi-family unit. Such signs shall be placed on city right-of-way and only between the hours of 6:00 p.m. on Friday through 6:00 p.m. the following Sunday (or Monday if a national holiday) and each property owner within a subdivision or multi-family community shall be limited to a maximum of one weekend sales sign per weekend.

(16)

Temporary subdivision development signs. A temporary subdivision sign shall mean any sign of a temporary nature placed, erected or installed on the premises of subdivided real property after the city's approval of a construction plan for development on such property which indicates that lots are available or for sale or lease and may or may not identify specific builders. For properties with entrances adjacent to a road with a speed limit of 45 mph or less, one vertical temporary subdivision sign may be installed at each such entrance of the subdivided property provided that the sign is placed outside of any existing right-of-way and does not create any traffic safety hazards. For properties with entrances adjacent to roads with a speed limit of 45 mph or more, two vertical temporary subdivision signs connected at a 90-degree angle may be installed at each such entrance of the subdivided property provided that the sign is placed outside of any existing right-of-way and does not create any traffic safety hazards. Temporary subdivision development signs related to residential development shall not exceed 32 square feet in area, ten feet in height, and shall have a setback of 15 feet from all property lines. Temporary subdivision development signs related to nonresidential development shall not exceed 64 square feet in area, ten feet in height, and shall have a setback of 15 feet from all property lines. All temporary subdivision development signs shall be removed not more than ten days after 90 percent of the subdivided property has been sold or leased. No temporary subdivision development sign may be placed, erected, or otherwise installed until the nearby roadway has been constructed and has been inspected and approved by the City.

(17)

Temporary subdivision directional signs. A temporary subdivision directional sign shall mean any vertical sign of a temporary nature erected or installed nearby internal roadways on the premises of subdivided real property after approval of a construction plan for residential or planned unit development on such property which provides directional guidance to vehicular and pedestrian traffic. Temporary subdivision directional signs shall not exceed 16 square feet in sign area and five feet in height. No temporary subdivision directional signs may be placed, erected, or otherwise installed until the nearby roadway has been constructed and has been inspected and approved by the city, nor may any such signs be placed or installed within any existing right-of-way or create any traffic safety hazard.

(18)

Temporary builder signs. A temporary builder sign shall mean any vertical sign of a temporary nature erected or installed nearby internal roadways on the premises of subdivided real property after approval of a construction plan for residential or planned unit development on such property which provides information and directional guidance to a specific builder's ongoing construction project(s) in the subdivision. Temporary builder signs shall not exceed four square feet in sign area and five feet in height. Each builder is limited to a maximum of three temporary builder signs within a subdivision. No temporary builder signs may be placed, erected, or otherwise installed until the nearby roadway has been constructed and has been inspected and approved by the city, nor may any such signs be placed or installed within any existing right-of-way or create any traffic safety hazard.

(Ord. No. 2008-24, § 1, 9-16-2008; Ord. No. 2009-04, §§ 1, 3—5, 7-7-2009; Ord. No. 2009-24, § 2, 3-2-2010; Ord. No. 2022-08, § 1, 4-5-2022)

Temporary median signs. A temporary sign erected by a homeowners' association or comparable property owners' association not to exceed four square feet in sign area and not exceeding three feet in height. No more than two median signs shall be permitted per median for a time period of 15 consecutive days or less. Temporary median signs shall be removed within 24 hours after the posted event date.

Banner or pennant signs. A banner or pennant sign is a strip of cloth or similar material, not permanently affixed to a frame or surface, on which a sign is painted, generally suspended between poles or structure by cloth straps or ropes and is intended as a temporary sign; a sign having the characters or letters, illustrations or ornamentation applied to cloth, paper or fabric of any kind, with only such material for backing. The terms "banner" or "pennant" sign shall include any animated, rotating or fluttering devices designed to attract attention. No temporary banner or pennant sign exceeding 15 square feet may be displayed. One banner or pennant may be displayed for each 15 feet of property boundary adjacent to the right-of-way, and each such banner or pennant shall be at least 15 feet away from any other banner or pennant. Banner or pennant signs shall be displayed no more than 30 days at a time on a quarterly basis.

Balloon signs. A balloon sign is any display capable of being expanded by air or other gas and used to advertise a product or event. Balloon signs may only be permitted within the B-1 or I-1 zoning districts. One balloon sign may be displayed for no more than 48 hours at a time on a quarterly basis. Balloon signs displayed on the ground may not exceed 12 feet in height. Given the possibility that balloon signs may interfere with overhead utility lines, the city shall, before issuing a permit, verify that the proposed balloon sign will not interfere with overhead utility lines. If city determines within its sole discretion that a proposed balloon sign would interfere with overhead utilities, the city shall deny the permit request.

Window signs. Any sign mounted or placed in any fashion on the interior or exterior of a window, and intended to be seen from the exterior. For each parcel within the city, one or more window signs may be displayed on the inside of the window provided that a permit is obtained pursuant to the terms of subsections 118-11(1), (2).

For parcels that are in residential use, the window sign(s) shall not exceed an aggregate of three square feet in sign area.

For parcels that are in nonresidential use and not located on U.S. Highway 27 or a road with a speed limit of 45 mph or higher, window sign(s) may cover up to 25 percent of each window having road, street, or highway frontage provided that such window sign(s) shall not exceed an aggregate of 24 square feet in sign area. The permit fee for window signs on nonresidential properties not located on U.S. Highway 27 or roads with speed limits of 45 mph or higher shall be waived.

For parcels that are in nonresidential use and located on U.S. Highway 27 or other roads with speed limits of 45 mph or higher, window sign(s) may cover up to 50 percent in aggregate of all windows having road, street, or highway frontage. In the event the window sign(s) cover 25 percent or less of each window having road, street, or highway frontage, the permit fee shall be waived. If, however, the window sign(s) cover over 25 percent of any individual window having road, street, or highway frontage, the permit fee shall be imposed.

The window signage allowed pursuant to this section shall be in addition to other signage allowed pursuant to this chapter.

(Ord. No. 2009-04, §§ 1, 7, 7-7-2009; Ord. No. 2009-24, § 3, 3-2-2010)

Generally. It shall be unlawful to erect, cause to be erected, maintain or cause to be maintained, any sign not expressly authorized by, or exempted from, this Code.

Specifically. The following signs are expressly prohibited within the city:

(1)

Abandoned. Signs that, among other things, are no longer maintained or no longer depict current display information. In determining whether a sign is abandoned, the factors considered include, but are not limited to, the following:

a.

Whether the sign identifies incorrect directions to, location of, or description of the goods or services available on the premises where the sign is located;

b.

The existence or absence of a current occupational license for the premises where the sign is located;

c.

Whether utility service is being provided to the premises where the sign is located;

d.

The use of the premises where the sign is located;

e.

The condition of the sign;

f.

Whether ad valorem property taxes have been paid on the premises where the sign is located or on the sign itself;

g.

Any other facts or circumstances which would indicate whether the owner of the sign has intentionally or voluntarily relinquished further use of the sign.

(2)

[Code violations.] Signs that are in violation of the building code or electrical code of the city.

(3)

[Unsafe signs.] Any sign declared by the city manager or his designee to be an immediate threat to the public health, safety, and welfare by reason of an unsafe condition.

(4)

[Obstruction of vision.] Signs that obstruct the vision of pedestrians, cyclists, or motorists traveling on or entering public streets within the sight triangle.

(5)

[Benches.] Signs placed upon benches.

(6)

[Pole signs.] Pole signs, except on property possessing distinct and unique topographical characteristics that, by their nature, restrict the feasibility of utilizing any other permitted sign types. Such restricting topographical determinations shall be made by the City Manager or designee through examination of the proposed sign site.

(7)

[Roof signs] Roof signs are prohibited with no exceptions.

(8)

[Signs on poles, etc.] Any sign of any material whatsoever that is attached in any way to a utility pole, tree, fence post, or any other similar object.

(9)

[Signs with sound, odor, etc.] Signs that omit audible sound, odor, or visible matter such as smoke or steam.

(10)

[Signs with flashing lights.] Flashing lights or signs with lights or illumination that flash, move, rotate, scintillate, blink, flicker, or vary in intensity or color, provided that this paragraph shall not prohibit electronic message centers and signs as defined and allowed by this chapter.

(11)

[Obstructing signs.] Signs or sign structures that interfere in any way with free use of any fire escape, emergency exit, or standpipe, or that obstruct any window to such an extent that the light or ventilation is reduced to a point below that required by any provision of this Code or other ordinances of the city.

(12)

[Signs resembling official signs or markers.] Signs that resemble any official sign or marker erected by any governmental agency, or that by reason of position, shape, or color, would conflict with the proper functioning of any traffic sign or signal, or be of a size, location, movement, content, color, or illumination that may be reasonably confused with or construed as, or conceal, a traffic control device.

(13)

[Signs creating glare ] 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 a public way, or that are a hazard or a nuisance to occupants of any property because of glare or other characteristics.

(14)

[Beacons] Any sign which incorporates a beacon light.

(15)

[Balloon signs.] Balloon signs, which are any displays capable of being expanded by air or other gas and used to advertise a product or event.

(16)

[Advertising signs in series along highway.] Any advertisement that uses a series of two or more signs placed in a line parallel to the highway or in a similar fashion, and carrying advertising messages, part of which is contained on each sign.

(17)

[Signs over or crossing public streets.] Signs erected over or across any public street except as may otherwise be expressly authorized by this Code.

(18)

[Signs on vehicles.] Any vehicle or trailer with a sign or signs attached thereto or placed thereon subject to the following exceptions:

(a)

Any vehicle or trailer parked on private property when parked within the confines of a building or in some manner which provides for effective screening so as not to allow the sign or signs on the vehicle to be viewed from any public street.

(b)

Any vehicle or trailer upon which is placed a sign identifying the firm or its principal products if such vehicle is one which is operated during the normal course of business: provided, however, that no such vehicle or trailer shall be parked in a location visible from a public right-of-way or a location where it serves as or constitutes additional signage.

(c)

Buses, taxicabs, and similar common carrier vehicles which are licensed or certificated by all applicable local and state agencies,

(d)

Signs on delivery and service vehicles or trailers used on a daily basis in conjunction with an on-site business: provided, however, that no such vehicle or trailer shall be parked in a location visible from a public right-of-way or a location where it serves as or constitutes additional signage.

(e)

Two-dimensional signs that do not protrude or increase the surface area of the vehicle such as wraparound signs, business decals, magnets, or other substantially similar flat signs affixed to the side of the vehicle. Such vehicles shall be permitted on driveways or car ports of private residences, but may not be parked or prominently displayed adjacent to a business in the view of any public right-of-way, such that it serves as or constitutes additional signage.

(19)

[Electronic message centers and signs.] Electronic message centers and signs, except those satisfying the following criteria:

(a)

Images displayed must remain static for a period of at least three (3) seconds before instantaneously transitioning to another static image. Flashing, animated coursing and the appearance of any movement other than an instantaneous change from one message to the next are explicitly prohibited.

(b)

Sign must not exceed a brightness level of 0.3 foot candles above ambient light conditions, as measured using a foot candle (Lux) meter measured at a distance of 100 feet from the display.

Exhibit A—Sign Regulation Table

* Billboards are addressed in section 118-15 of the city land development regulations.

** All signs existing at the time of the enactment of Ordinance No. 2008-24 but not meeting the requirements contained herein shall be considered nonconforming uses and subject to the provisions contained in section 118-9 of the city and development regulations.

† Not applicable to monument signs on properties located along U.S. Highway 27. Monument signs on properties located along U.S. Highway 27 shall be limited to a maximum height of 15 feet.

(Ord. No. 2008-24, § 1, 9-16-2008; Ord. No. 2009-04, §§ 1, 7, 7-7-2009; Ord. No. 2009-24, §§ 4, 5, 3-2-2010; Ord. No. 2016-26, § 1, 10-18-2016; Ord. No. 2020-07, § 1, 9-1-2020; Ord. No. 2021-13, § 1, 9-7-2021)

Nonconforming signs shall be subject to the following provisions.

(a)

Generally. Consistent with the public policy to restrict and eventually eliminate nonconforming uses and structures, it is the policy of the city that nonconforming signs shall be brought into conformity or removed as expeditiously as possible while allowing such signs to be maintained in the interim.

(b)

Definition. Any sign within the city on the effective date of this code which is prohibited by, or does not conform to the requirements of, this code. A sign shall not be considered to be a nonconforming sign if it was erected contrary to the provisions or limitations of a building permit or the existing building code at the time of construction, and shall instead be an unlawful sign and shall be subject to removal in accordance with the provisions of this chapter.

(c)

[Restrictions.] All nonconforming signs shall be subject to the following restrictions:

1.

No nonconforming sign may be enlarged or altered in a way which increases its nonconformity, but any sign or portion thereof may be altered to decrease its nonconformity.

2.

No nonconforming sign shall be structurally altered to prolong the life of the sign, but work may be done in any period of 12 consecutive months on ordinary repairs, or on repair and replacement of nonstructural components to an extent not exceeding 50 percent of the current replacement cost of the nonconforming sign.

3.

Should a nonconforming sign be destroyed or detached by any means to an extent of more than 50 percent of its value at the time of destruction or detachment as reflected on the personal property tax return filed by the owner, it shall not be reconstructed except in compliance with these regulations.

4.

Should a nonconforming sign be moved for any reason, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

(Ord. No. 2008-24, § 1, 9-16-2008; Ord. No. 2009-04, §§ 1, 7, 7-7-2009)

(1)

Permits.

(a)

Permits required. Prior to erecting, displaying, or replacing any sign requiring a permit as specified in this chapter, the property owner shall obtain a permit from the city planning department. No permit shall be issued until the city manager or designee determines that such work is in accordance with the requirements contained in this chapter, and the city manager or designee determines that such work will not violate any building, electrical, or other adopted codes of the city. The provisions of this section shall not apply to temporary signs included in section 118-7.

(b)

Applications. The permit application shall contain the information and documents required herein and shall be accompanied by the required permit fee.

(c)

Permit application contents. The information needed for a complete application for a permit for a sign includes, but is not limited to, the following where applicable as reasonably determined by the city manager or designee:

1.

The name, address, and telephone number of the property owner together with proof of ownership.

2.

The name, address, telephone number, and registration number of the engineer.

3.

The name, address, telephone number, and license number of the sign contractor/manufacturer.

4.

The address and name of the business where the sign is to be erected. The zoning district, the building frontage of tenant space, and the road frontage of the premises is also required.

5.

The type of sign, square footage, height, and location of the sign or signs currently displayed on the premises.

7.

A fully dimensioned and scaled site plan showing the lot frontage, building frontage, parking areas, and location of all existing and proposed signs.

8.

Indicate in feet and inches the location of the sign in relation to property lines, public rights of way, easements, buildings, and other signs on the property.

9.

Freestanding signs shall require a boundary survey prepared within the last 24 months of the permit application date, and signed and sealed by a land surveyor or engineer licensed in Florida showing the proposed location of the sign.

10.

For all wall mounted signs, the facade elevation with dimensions, drawn to scale. Windows and doors and other openings shall be delineated and their dimensions given.

11.

Sign elevations, drawn to scale.

12.

Sign illumination, specifying illumination type, placement, intensity, and hours of illumination.

13.

Three copies of the plans, specifications, calculations and details, signed and sealed by an engineer licensed in Florida, specifications documenting the applicable windload, and electrical specifications, if applicable, meeting the minimum requirements of the applicable electric code.

14.

Number, type, location, and surface area of all existing signs on the same property.

(d)

Sign permit application review.

1.

An applicant shall deliver a sign permit application for a sign to the city's planning and zoning department, or such other office as may be designated by city. The sign permit application shall be reviewed by the city manager or designee for a determination of whether the proposed sign meets the applicable requirements of this code. The review of the sign permit application shall be completed within 45 days following receipt of a completed application, and any applicable fees, not counting the day of receipt and not counting any Saturday, Sunday, or legal holiday which falls upon the first or the 45th day after the date of receipt. A sign permit shall either be approved, approved with conditions, (meaning legal conditions existing in the code such as dimensional requirements), or disapproved, and the decision shall be reduced to writing. A disapproval shall include or be accompanied by a statement of the reason(s) for the disapproval. This statement shall be reviewed by the city attorney prior to it being sent to the applicant. If disapproval is the consequence of a failure to decide upon the application within the deadline set forth herein, the city manager or designee shall upon request refund any applicable fee to the person who paid the fee. In the event that no decision is rendered within 45 calendar days following submission, the application shall be deemed denied and the applicant may appeal to the board of adjustment. Any appeal shall be heard and a decision rendered within the time frames specified herein for appeals.

2.

For the purpose of appeal to any court of law, an approval, an approval with conditions, or disapproval shall be deemed the final decision of the city upon the application.

3.

In the case of an approval with conditions or a disapproval, including a disapproval by lapse of time as described herein, an applicant may request reconsideration of the decision on the grounds that the city manager or designee may have overlooked or failed to consider any fact(s) that would support a different decision. A written request for reconsideration accompanied by such additional fact(s) as the applicant may wish the city manager's designee to consider, shall be filed with the city clerk within ten calendar days after receipt of the decision. No fee shall be required for a request for reconsideration. Upon the timely filing of a request for reconsideration, the decision of the city manager's designee shall be deemed stayed and not a final decision, until the request for reconsideration is decided. The request for reconsideration shall be decided within seven days of receipt by the city, not counting any intervening Saturday, Sunday, or legal city holiday. Such decision shall be in writing and shall include a statement for the reason(s) for the decision. If the disapproval of the request for reconsideration was a consequence of a failure to decide upon the application within the deadline set forth herein, the city manager's designee shall verify upon request that any applicable fee was refunded even if the city council approves the application upon reconsideration.

4.

All decisions shall be mailed, transmitted electronically, or hand delivered to the applicant. A record shall be kept of the date of mailing, electronic transmittal, or hand delivery. For the purposes of calculating compliance with the 45-day deadline for a decision upon an application or the seven day deadline for a decision upon request for reconsideration, the decision shall be deemed made when deposited in the mail, transmitted electronically, or hand delivered to the applicant.

5.

As exceptions to the foregoing, the 45-day deadline for approval and the seven-day deadline for a decision upon receipt of a request for a reconsideration shall not apply (that is, the time shall be suspended):

a.

In any case in which the application requires a variance from any provision of the City Code of Ordinances, a rezoning of the property, or an amendment to the comprehensive plan of the city. In such cases, the time shall be suspended until a final decision is made upon the application for the variance, rezoning, or comprehensive plan amendment.

b.

If the applicant is required to make any change to the application in order to obtain an unconditional approval, the time shall be suspended while the applicant makes such change.

c.

If an applicant is required to obtain an approval from any other governmental agency, the time shall be suspended until such approval is obtained.

d.

In any of the foregoing cases, the applicant may elect not to seek a variance, make no change to the application, or obtain no approval that may be required by another governmental agency, and may instead demand a decision upon the sign permit application as filed. In such event, the city manager's designee shall make a decision on the application as appropriate within five business days after receiving such demand. If a decision is not made in such a time, the application shall be deemed denied and the city manager's designee shall verify that any applicable fee was refunded to the person who paid the fee.

e.

An application which is materially incomplete or which is not accompanied by the required fee shall not be deemed accepted and the time for review of the application shall not commence until a complete application accompanied by the required fee is filed with the city manager's designee. However, the city manager's designee shall keep the record of incomplete application or any application not accompanied by the correct fee, as required by applicable public record laws. In addition, the city manager's designee shall within 45 days of receipt of such an application send the applicant a written explanation of the deficiencies in the application and ask that the deficiencies be remedied, explaining that the application cannot proceed forward otherwise and the review will be suspended pending receipt of the required information or documentation. This written explanation shall be reviewed by the city attorney prior to its being sent to the applicant. The applicant must then submit a new application with the deficiencies corrected in order for it to be considered by the city manager's designee.

(2)

Appeals to board of adjustment.

(a)

Whenever it is alleged that there has been an error in any order, action, decision, determination, or requirement by an administrative official in the enforcement and application of any provision contained within this section or any other provision of this code pertaining to sign permits (including any allegation that an administrative official failed to act within the applicable time frames), the aggrieved party may file a written appeal with the board of adjustment.

(b)

The written appeal shall be filed with the board of adjustment within 30 days of the date of the alleged error. The written appeal shall describe the alleged error and the applicable provisions of the code pertaining to the administrative official's order, action, decision, determination, requirement, or failure to act.

(c)

The board of adjustment shall hold a hearing within 45 days following receipt of the written appeal, not counting the day of receipt and not counting any Saturday, Sunday, or legal holiday which falls upon the first or the 45th day after the date of receipt.

(d)

The board of adjustment shall render a written decision within ten days following the hearing.

(e)

If the board of adjustment does not render a decision within ten days following the hearing, the sign permit shall be deemed denied.

(f)

If an administrative appeal is filed by the applicant, and the board of adjustment fails to meet within the proscribed time the appeal will be deemed denied and the decision of the city manager's designee regarding the sign application will be deemed a final decision subject to immediate appeal to a court of competent jurisdiction.

(g)

Once a decision is appealed to the board of adjustment the city manager's designee shall take no further action on the matter pending the board's decision, except for unsafe signs which shall present an immediate and serious danger to the public in which case the city may pursue any proper legal remedy available to it.

(3)

Appellate decisions deemed final, subject to judicial review. The appellate decisions of the board of adjustment pursuant to subsection (2) above shall be deemed final, subject to judicial review by a circuit court of the Fifth Judicial Circuit in and for Lake County, Florida, filed in accordance with the requirements of the law, seeking such appropriate remedy as may be available.

(Ord. No. 2008-24, § 1, 9-16-2008; Ord. No. 2009-04, §§ 1, 7, 7-7-2009)

No permit or permit fee shall be required for changing the copy of a sign, as long as no changes are made to the sign's height, size, location, or structure. This exemption shall also apply to any change of copy on a changeable copy sign.

(Ord. No. 2008-24, § 1, 9-16-2008; Ord. No. 2009-04, §§ 1, 7, 7-7-2009)

(1)

Inspection. Signs for which permits are required under this chapter may be inspected periodically by the city manager's designee for compliance with this chapter, other codes of the city, and all terms upon which the sign permit may have been conditioned.

(2)

Maintenance. All signs and components thereof shall be kept in good repair and in a safe, neat, clean and attractive condition with no fading, cracking, or chipping visible. All signs, including their supports, braces, guys and anchors, electrical parts and lighting fixtures, and all painted and display areas, shall be maintained in accordance with this code and the building and electrical codes of the city, and no rubbish or debris that would constitute a fire or health hazard shall be permitted under or near the sign. No consideration shall be given to the content of the sign copy when making the determination that the sign should be removed due to a violation of this section.

(3)

Removal of sign. The City manager or designee may order the removal of any sign erected or maintained in violation of this chapter. The city shall give 30 days' notice in writing to the owner of such sign, at the address reflected on the application for the sign permit, or if no address is available for any reason, to the owner of the building, structure, or premises on which such sign is located, to remove the sign or bring it into compliance. If the sign is not removed within the 30-day notice period, the city shall cause the sign to be removed at the cost to the owner. If a sign in violation of this Code is permitted after the fact, the owner of the sign shall be subject to a permit fee of three times the normal fee.

(Ord. No. 2008-24, § 1, 9-16-2008; Ord. No. 2009-04, §§ 1, 7, 7-7-2009)

(1)

The sign face area of a sign shall be the area within the smallest square or rectangle, the sides of which touch the extreme points or edges of the sign face area.

(2)

In computing sign area in square feet, standard mathematical forms for known common shapes will be used. In the case of irregular shapes, straight lines drawn closest to the extremities of the shape will be used. On any sign with more than one face, only the face or faces visible from any one direction at one time will be counted; provided, however, that all faces of a multi-faced sign shall be equal in size and contained within a common perimeter. Double-faced ground signs with an interior angle of greater than 30 degrees will be considered two signs for square footage calculations.

(Ord. No. 2008-24, § 1, 9-16-2008; Ord. No. 2009-04, §§ 1, 7, 7-7-2009)

Garage sale signs shall be as permitted by chapter 54, section 54-85, of the city land development regulations.

(Ord. No. 2008-24, § 1, 9-16-2008; Ord. No. 2009-04, §§ 1, 7, 7-7-2009)

(1)

Definition. Billboards are any combination of structure and message in the form of an outdoor sign, display, device, figure, painting, drawing, message, placard, poster, advertising structure, advertising logos, symbol, or other form, whether placed individually on or a V-type, back-to-back, side-to-side, stacked or double-faced display, designed, intended, or used to advertise or inform, any part of the advertising message or informative contents of which is visible from any place on the main or traveled way and which sign relates in its subject matter or message to offices, products, accommodations, services or activities which are sold, produced, available, conducted, or rendered at locations other than on the premises where the sign is located, and which is no more than 672 square feet per sign face.

(2)

Restrictions. No billboard (other than those billboards which have already received city and FDOT permits for construction and those specifically allowed within this chapter) shall be constructed or erected after the date of Ordinance No. 2008-24 unless located within the zoning districts specified in this section, nor shall any billboard existing at the time of enactment of Ordinance No. 2008-24 be permitted to increase in sign face area or height, or change configuration or structure. Any such change or alteration to a billboard existing at the time of the enactment of this ordinance and not located within the zoning districts specified below is unlawful, constitutes a nuisance, and shall be removed immediately at the expense of the owner thereof. In the event the owner fails to remove the billboard within 30 days after being notified to do so by the city, the city may remove such sign at the owner's expense or may apply to any court having jurisdiction for such relief as may be appropriate to facilitate the removal of the sign and for such other and further relief to which it may be entitled.

(3)

Permitted zoning districts. Billboards, as herein defined, shall be allowed only in the following zoning districts abutting the Florida Turnpike, provided that the applicant and/or property owner complies with all permit requirements contained herein and in the applicable statute sections contained in F.S. chapter 479:

(a)

Industrial District ("I");

(b)

Public Facilities/Institutional District ("P");

(c)

Utilities District ("U").

(4)

Height. The maximum height shall be 65 feet from ground level.

(5)

Separation requirements. Billboards shall not be located within 1,000 linear feet of another such sign on the same side of the Florida Turnpike.

(6)

Permit requirements. Given F.S. chapter 479 applicable to signs located along the interstate highway system and federal-aid primary highway system, any applicant requesting a sign permit for a billboard pursuant to section 118-15 of the city's land development regulations shall, prior to city's issuance of such permit, provide written documentation to city evidencing that an FDOT permit has been obtained or that an FDOT permit is not required in conjunction with all other permit application requirements.

(7)

Intergovernmental coordination. In those locations at or in proximity to jurisdictional boundaries where inconsistent sign regulations would serve to undermine the purpose and intend of these regulations, the city may enter into an interlocal agreement to provide for the basis of regulation in such areas.

(Ord. No. 2008-24, § 1, 9-16-2008; Ord. No. 2009-04, §§ 1, 7, 7-7-2009)

Enforcement of any violation of this chapter shall be by any legal or equitable means available to the city, including but not limited to, the city's code enforcement board procedures.

(Ord. No. 2008-24, § 1, 9-16-2008; Ord. No. 2009-04, §§ 1, 7, 7-7-2009)

(a)

Generally. If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this section is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this section.

(b)

Severability where less speech results. Without diminishing or limiting in any way the declaration of severability set forth above in subsection (a), above, or elsewhere in this code, or any adopting ordinance, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this Code is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this code, even if such severability would result in a situation where there would be less speech, whether by subjecting previously exempt signs to permitting or otherwise.

(c)

Severability of provisions pertaining to prohibited signs. Without diminishing or limiting in any way the declaration of severability set forth in subsection (a), above, or elsewhere in this code, or any adopting ordinance, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this chapter or any other law is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this code that pertains to prohibited signs including specifically those signs and sign-types prohibited and not allowed under section 118-8. Furthermore, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of section 118-8 is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of section 118-8, thereby ensuring that as many prohibited sign-types as may be constitutionally prohibited continue to be prohibited.

(d)

Severability of prohibition on billboards. If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this or any other code provisions and/or laws are declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect the prohibition on billboards as contained in this code.

(Ord. No. 2008-24, § 1, 9-16-2008; Ord. No. 2009-04, §§ 1, 7, 8, 7-7-2009)

Businesses located in the B-l, OR, and I-1 zoning districts that front on multiple roads will be allowed one square foot of signage per one lineal foot of occupied building frontage for the road designated as the primary road on which the building fronts, and 0.5 square feet per one lineal foot of occupied building frontage for each additional road on which the building fronts. The square footage permitted under this section shall be applied on the side of the business facing the road justifying such additional square footage.

(Ord. No. 2018-15, § 1, 10-16-2018)