This article exempts certain signs from these regulations, prohibits certain signs, establishes regulations to govern the placement and size of temporary and permanent signs within the city, and establishes application procedures and procedures for appeals.

(Ord. No. 2005-12, § 1, 6-6-05)

This article applies to all signs, and other advertising devices, that are constructed, erected, operated, used, maintained, enlarged, illuminated or substantially altered within the city. Mere repainting or routine maintenance of a sign shall not, in and of itself, be construed as a substantial alteration.

(Ord. No. 2005-12, § 1, 6-6-05)

The city council finds that:

(1)

The manner of the erection, location and maintenance of signs affects the public health, safety, morals and welfare of the people of this community.

(2)

The safety of motorists, cyclists, pedestrians, other users of the public streets is affected by the number, size, location, lighting and movement of signs that divert the attention of drivers.

(3)

The size and location of signs may, if uncontrolled, constitute an obstacle to effective fire-fighting techniques.

(4)

The construction, erection and maintenance of large signs suspended from or placed on the tops of buildings, walls or other structures may constitute a direct danger to pedestrian and vehicular traffic below, especially during periods of strong winds.

(5)

Uncontrolled and unlimited signs may degrade the aesthetic attractiveness of the natural and manmade attributes of the community and thereby undermine the economic value of tourism, visitation and permanent economic growth.

(Ord. No. 2005-12, § 1, 6-6-05)

The city council recognizes that there are various persons and entities that have an interest in communicating with the public through the use of signs that serve to identify businesses and services, residences and neighborhoods, and also to provide for expression of opinions. The council is also responsible for furthering the city's obligation to its residents and visitors to maintain a safe and aesthetically pleasing environment where signs do not create excessive visual clutter and distraction or hazards for pedestrians and vehicles; where signs do not adversely impact the predominantly residential character of the city and where signs do not conflict with the natural and scenic qualities of the city. It is the intent of the council that the regulations contained in this article shall provide uniform sign criteria, which regulate the size, height, number and placement of signs in a manner that is compatible to the residential scale and character of the city, and which shall place the fewest possible restrictions on personal liberties, property rights, free commerce, and the free exercise of Constitutional rights, while achieving the city's goal of creating a safe, healthy, attractive and aesthetically pleasing environment that does not contain excessive clutter or visual distraction from rights-of-way and adjacent properties; the surrounding natural coastal environment and residential neighborhoods.

(Ord. No. 2005-12, § 1, 6-6-05)

Editor's note— Ord. No. 2017-16, § 1, adopted June 5, 2017, relocated the provisions of § 27-576, Definitions, to § 27-15 herein. Former § 27-576 derived from: Ord. No. 2005-12, § 1, adopted June 6, 2005; Ord. No. 2007-16, § 1, adopted Nov. 5, 2007; Ord. No. 2010-20, § 1, adopted Dec. 7, 2010; and Ord. No. 2015-17, § 1, adopted Nov. 2, 2015.

(a)

All signs allowed by this article, including their supports, braces, guys and anchors, electrical parts and lighting fixtures, and all painted and display areas, shall be maintained in accordance with the building and electrical codes that may be adopted by the city.

(b)

The vegetation around, in front of, behind, and underneath the base of freestanding signs for a distance of ten (10) feet shall be neatly trimmed and free of unsightly weeds, and no rubbish or debris that would constitute a fire or health hazard shall be permitted under or near the sign.

(c)

Signs and sign structures shall present a neat and clean appearance.

(Ord. No. 2005-12, § 1, 6-6-05)

Appropriate city employees in the performance of their functions and duties and under the provisions of this article may enter into and upon any land upon which advertising signs or advertisements are displayed and make such examinations and surveys as may be relevant subject to constitutional limitations and state law.

(Ord. No. 2005-12, § 1, 6-6-05)

(a)

Except as otherwise provided in this article, no sign within the city shall be constructed, erected, operated, used, maintained, enlarged, illuminated, or substantially altered without first obtaining a permit as provided in this section.

(b)

A separate application for a permit shall be made for each separate advertising sign or advertising structure, on a form furnished by the city manager.

(c)

The application for a permit shall describe the size, shape, and nature of the proposed advertisement, advertising sign or advertising structure, and its actual or proposed locations with sufficient accuracy to ensure its proper identification.

(d)

The application for a permit shall be signed by the applicant or his authorized agent and by the property owner, if different than the property owner, or his authorized agent.

(e)

For multiple occupancy complexes, individual occupants may apply for a sign permit, but they shall be issued in the name of the lot owner or agent, rather than in the name of the individual occupants. The lot owner, and not the city, shall be responsible for allocating allowable sign area to individual occupants.

(Ord. No. 2005-12, § 1, 6-6-05)

(a)

Within all nonresidential zoning districts, the following signs shall be considered as permitted signs and shall be exempt from the requirement to obtain a sign permit as set forth within article VI of this chapter if they are not in conflict with section 27-581:

(1)

Decals, limited to those as required by law, which are affixed to or painted upon store windows, store equipment, fuel pumps or other types of vending equipment used for dispensing retail products.

(2)

Lettering only, for the purpose of providing ownership, licensing and emergency contact information, when placed upon doors and windows of lawfully licensed businesses, with letters not exceeding three (3) inches in height and limited to a maximum area of two (2) square feet.

(3)

Signs within a building that are not visible from the exterior of the building. This shall not include window signs affixed to the interior of windows, which are visible from the exterior.

(4)

Building signs, historical markers, memorial signs, tablets or plaques, or the name of a building and the date of erection, when the same are cut into any masonry surface or when constructed of bronze or other similar noncombustible material.

(5)

Professional nameplates for physicians, surgeons, dentists, lawyers, architects, teachers and other like professional persons placed on the premises occupied by the person(s), not exceeding one (1) square foot in sign face area, provided such professional has a valid occupational license as may be required for the particular profession to operate on those premises.

(6)

Signs denoting only the name and profession of an occupant of a building, placed flat against the exterior surface of the building and not exceeding three (3) square feet in sign face area, and provided such occupant has a valid occupational license as may be required to operate on those premises.

(b)

Within all zoning districts, the following signs shall be considered as permitted signs and shall be exempt from the requirement to obtain a sign permit as set forth within article VI of this chapter if they are not in conflict with section 27-581:

(1)

Not more than one (1) real estate sign advertising the sale, rental or lease of only the premises on which the sign is located. Such signs shall not exceed six (6) square feet in area, and five (5) feet in height. Signs advertising the sale, rental or lease of property exceeding this size and height shall not be considered as exempt signs.

(2)

Signs noting the architect, engineer or contractor for a development project when placed upon work under construction, provided the sign shall be removed within fifteen (15) days of completion of construction. Such signs shall not exceed six (6) square feet in size or eight (8) feet in height.

(3)

Signs as required by law to display building permits or other similar required public notices.

(4)

Traffic signs, street name signs, legal notices of public meetings, danger signs and temporary emergency, when erected by city, county, state or federal authorities.

(5)

No trespassing and private property signs not exceeding two (2) square feet in area. Such signs shall not be displayed from or attached to trees, utility poles or any type of utility structure or equipment, including lift stations, fire hydrants and the like.

(6)

Vacancy or no vacancy signs not exceeding two (2) square feet in area.

(7)

Temporary political campaign signs announcing the candidacy of a candidate for public office not exceeding four (4) square feet in area in residential zoning districts and thirty-two (32) square feet in all other zoning districts may be placed wholly within the boundaries of any property, at the discretion or consent of the legal owner and/or occupant of the property, provided such signs conform with all traffic, electrical, maintenance, fire and safety regulations of the city.

a.

The placing of political campaign signs on city property, other public property or on public rights-of-way shall be prohibited. Political campaign signs displayed within motor vehicles conducting routine business activities on city or other public property shall not be prohibited, provided that no such vehicle shall be parked on city property, other public property or on public rights-of-way for the sole purpose of displaying political campaign signs.

b.

Illegally placed political campaign signs shall be removed by the code enforcement officer without notice to the candidate or abutting property owner or occupant. Political campaign signs shall be removed within seventy-two (72) hours after the last election. If such signs are not removed within this period of time, the city may remove such signs and may charge the candidate the actual cost for such removal. Collected funds shall be deposited into the city's general revenue. Failure to remove signs is a violation of this Code and is enforceable pursuant to F.S. Ch. 162, Code Enforcement.

(8)

Personal expression signs limited to one (1) per lot or parcel, or in the case of multifamily uses, one (1) per dwelling unit, expressing personal views or opinions not exceeding four (4) square feet in area, providing such signs are otherwise in compliance with applicable local, state and federal laws. A personal expression sign can include a pole flag no larger than twenty (20) square feet on a pole no taller than twenty-five (25) feet.

(9)

Religious symbols.

(10)

Garage sale signs or open house signs within residential zoning districts, not exceeding four (4) square feet in size, limited to two (2) per site and located only at the location of such event. Such signs may be displayed one (1) day before the garage sale or open house and shall be removed immediately after conclusion of the event. No garage sale sign or open house sign may be erected upon any public right-of-way.

(11)

Signs placed within interior courtyards, the inside fence line of recreational fields and on golf courses, provided such signs are visible only to those persons visiting such place and are otherwise in compliance with this chapter.

(12)

Address and street number signs not exceeding two (2) square feet.

(13)

Holiday and seasonal decorations shall not be construed as signs, providing that these contain no commercial advertising message.

(Ord. No. 2005-12, § 1, 6-6-05)

The following signs are expressly prohibited unless otherwise exempted or expressly authorized:

(1)

Signs that violate the building code or electrical code.

(2)

Any sign that presents safety, traffic or pedestrian hazard including signs, which obstruct visibility.

(3)

Blank temporary signs.

(4)

Signs with visible moving, revolving, or rotating parts or visible mechanical movement of any description or other apparent visible movement achieved by electrical, electronic, or mechanical means, except for governmental traffic devices and signs.

(5)

Signs with the optical illusion of movement by means of a design that presents a pattern capable of giving the illusion of motion or changing of copy.

(6)

Signs with lights or illuminations that flash, move, rotate, scintillate, blink, flicker, or vary in intensity or color, to include animated signs and automatic changeable message devices except for signs of this type that provide time and temperature only.

(7)

Strings of light bulbs used on commercially developed parcels for commercial purposes, other than traditional holiday decorations.

(8)

Wind signs, as defined by this Code.

(9)

Signs that incorporate projected images, emit any sound that is intended to attract attention, or involve the use of live animals.

(10)

Signs that emit audible sound, odor, or visible matter such as smoke or steam.

(11)

Signs or sign structures that interfere with free use of any fire escape, emergency exit, or standpipe, or that obstruct any window to such an extent that light or ventilation is reduced to a point below that required by any provision of this Code or other ordinance of the City of Neptune Beach.

(12)

Nongovernmental 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)

Nongovernmental signs that use the words "stop," "look," "danger," or any similar word, phrase, or symbol, or which is a copy or imitation of an official sign that may be reasonably confused with or construed as, or conceal a traffic device.

(14)

Signs that obstruct the vision of pedestrians, cyclists, or motorists traveling on or entering public streets thereby creating a safety hazard for the public.

(15)

Signs, within ten (10) feet of public right-of-way or one hundred (100) feet of traffic-control lights, that contain red or green lights that might be confused with traffic control lights, thereby creating a safety hazard for the public.

(16)

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.

(17)

Signs that contain any lighting or control mechanism that causes unreasonable interference with radio, television or other communication signals.

(18)

Searchlights used to advertise or promote a business or to attract customers to a property.

(19)

Signs that are painted, pasted, or printed on any curbstone, flagstone, pavement, or any portion of any sidewalk or street, and traffic control signs.

(20)

Signs placed upon benches, bus shelters or waste receptacles, except as may be authorized in writing pursuant to F.S. § 337.407.

(21)

Signs erected on public property, without the permission of the appropriate public authority (such as private utility poles, rights-of-way, parks, streets and other public properties) located on public property, other than signs erected by public authority for public purposes and signs authorized in writing pursuant to F.S. § 337.407.

(22)

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

(23)

Vehicle signs with a total sign area on any vehicle in excess of ten (10) square feet, when the vehicle:

a.

Is parked for more than sixty (60) consecutive minutes within one hundred (100) feet of any street right-of-way;

b.

Is visible from the street right-of-way that the vehicle is within one hundred (100) feet of; and

c.

Is not regularly used in the conduct of the business advertised on the vehicle. A vehicle used primarily for advertising, or for the purpose of providing transportation for owners or employees of the occupancy advertised on the vehicle, shall not be considered a vehicle used in the conduct of the business.

(24)

Portable signs as defined by this Code.

(25)

Roof signs as defined by this Code.

(26)

Signs placed, posted, or erected upon land or upon trees upon land adjacent to adjoining all public streets and highways of the city, without the written consent of the owner of such land, or the written consent of the attorney or agent of such owner.

(27)

Signs placed upon any tree, telephone pole, electric pole, lamppost, hydrant or fence or on any public building, or within any public park or public property.

(28)

Billboards, as defined by this Code.

(29)

Signs with obscene language, or obscene graphic representation of the human body.

(30)

Snipe signs, as defined by this Code.

(Ord. No. 2005-12, § 1, 6-6-05; Ord. No. 2010-03, § 1, 3-1-10)

(a)

For freestanding signs, the sign area shall be the area within the smallest geometric shape that touches the outer points or edges of the sign face.

(b)

For building signs, the sign area shall be the area within the smallest geometric shape that touches the outer points of raised portions of the sign or of all borders or trims, or in the absence of such border or trim, the outer points of the letters or pictures (see Figure 27-582-1).

Figure 27-582-1

(c)

For freestanding signs, where two (2) sign faces are placed back to back on a single sign structure, and the faces are at no point more than four (4) feet apart, the sign area shall be the area of one (1) of the faces.

(d)

For freestanding signs, where four (4) sign faces are arranged in a square, rectangle, or diamond, the sign area shall be the area of the two (2) largest faces (see Figure 27-582-2).

Figure 27-582-2

(e)

Where a freestanding or building sign is in the form of a three-dimensional object, the sign area shall be the area within the smallest geometric shape that touches the outer points or edges of the largest possible two-dimensional outline of the three-dimensional object and multiplying that area by two (2) (see Figure 27-582-3).

Figure 27-582-3

(Ord. No. 2005-12, § 1, 6-6-05)

(a)

Any temporary sign not complying with the requirements of this section is illegal and subject to immediate removal.

(b)

The following temporary signs are permitted without a sign permit, provided that the sign conforms to the requirements set forth below:

(1)

Signs to indicate that an owner, either personally or through an agent, is actively attempting to sell, rent, or lease the property on which the sign is located, provided that the sign:

a.

Does not include price, terms, or other similar details;

b.

Is not illuminated in any manner so as to create a traffic hazard or constitute a nuisance to any adjacent or surrounding property;

c.

Does not exceed six (6) square feet in area in residential districts;

d.

Does not exceed thirty-two (32) square feet in area in all other districts; and

e.

Is removed immediately after sale, lease or rental.

(2)

Signs to indicate the grand opening of a business or other activity, provided that the sign is not displayed for a period exceeding thirty (30) days within the first three (3) months that the occupancy is open for business, and that the sign is not placed on the public right-of-way.

(3)

Construction site identification signs provided that the sign:

a.

Does not exceed six (6) square feet in area;

b.

Is not displayed more than sixty (60) days prior to the beginning of actual construction of the project;

c.

Is removed within fifteen (15) days after the issuance of the final occupancy permit;

d.

Is removed if construction is not initiated within sixty (60) days after the message is displayed, or if construction is discontinued for a period of more than sixty (60) days, pending initiation or continuation of construction activities.

e.

Is not located in the public right-of-way.

(4)

Signs to indicate the existence of a new business, or a business in a new location, if such business has no permanent signs, provided that the sign is not displayed in the public right-of-way and for a period of more than sixty (60) days or until installation of permanent signs, whichever shall occur first.

(5)

Signs to announce or advertise such temporary uses as fairs, carnivals, circuses, revivals, sporting events, festivals, business or any public, charitable, educational or religious event or function, provided that the sign:

a.

Is located on the lot where the event will occur;

b.

Is not displayed more than two (2) weeks prior to the event; and

c.

Is removed within five (5) days after the event.

(c)

Permitted temporary signs shall not be counted as part of allowable area for freestanding or buildings signs.

(Ord. No. 2005-12, § 1, 6-6-05; Ord. No. 2011-26, § 1, 2-6-12)

Freestanding monument signs are permitted within all commercial districts per the following:

(1)

Size permitted: One (1) square foot of sign per linear foot of frontage of the lot of record on which the sign(s) are placed, provided no such sign shall exceed ninety-six (96) square feet, or eight (8) feet in height and twelve (12) feet in width.

(2)

Number of freestanding signs permitted:

a.

Lots of record with street frontage shall be permitted one (1) freestanding sign per one hundred (100) linear feet of street frontage, up to a maximum of three (3) freestanding signs or up to a maximum of four (4) freestanding signs on a corner lot, provided any existing nonconforming signs on the corner lot are brought into conformity with the Code no later than April 30, 2016.

b.

Lots of record with a total street frontage of less than one hundred (100) linear feet of street frontage shall be permitted one (1) freestanding [sign] not to exceed ninety six (96) square feet.

c.

Lots of record containing only one (1) licensed commercial business are limited to one (1) freestanding sign.

d.

Corner lots of record containing only one (1) licensed commercial business shall be limited to one (1) freestanding sign per street frontage.

e.

No additional freestanding signs shall be permitted if the lot of record has existing nonconforming signage.

(3)

Placement standards:

a.

No portion of any freestanding sign shall be located within five (5) feet of the property line. Additional distance(s) from property line(s) may be required to maintain clear vehicular and pedestrian sight lines. Freestanding signs shall not be located so as to interfere with clear vehicular or pedestrian sight lines. Further, signs determined by the city to interfere with safe sight lines for pedestrians or vehicles shall be ordered removed or immediately removed by the city.

b.

No sign or sign structure shall be located in the public right-of-way or encroach into or project over a public right-of-way.

c.

No sign or sign structure shall be erected that impedes use of any fire escape, emergency exit, or public utility.

d.

The minimum required distance between freestanding signs shall be twenty-five (25) feet.

(Ord. No. 2005-12, § 1, 6-6-05; Ord. No. 2015-17, § 2, 11-2-15)

(a)

Sandwich boards are permitted within all commercial districts provided that:

(1)

Sandwich board signs require a yearly sign permit prior to the placement of the sign.

(2)

The total sandwich board signs shall be no larger than twenty-four (24) inches in width and forty-four (44) inches in height and no materials such as papers, balloons, windsocks, etc., may be added or other items prohibited by the Code. The height of such signs may not be artificially increased above the allowed maximum by placing material underneath the base of such sign.

(3)

No more than one (1) sandwich board sign per business.

(4)

A sandwich board sign may be placed no closer than ten (10) feet from another such sign and can not block parking spaces, doors or any required ADA routes.

(5)

Sandwich board signs shall not be placed in the public right-of-way, in any parking space or drive isle.

(6)

Sandwich board signs can only be used during the hours when the business is open to the public and must be brought in at the close of business or in the event of high wind conditions.

(7)

Sandwich board sign shall not be placed so as to obstruct vehicular traffic sight.

(8)

No sandwich board sign shall contain foil, mirrors, bare metal or other reflective materials which could create hazardous conditions to motorist, bicyclist or pedestrians.

(9)

No sandwich board sign shall swing, rotate, twirl or contain any moving parts.

(10)

Sandwich board signs shall not contain lights of any kind.

(b)

Sandwich board signs placed in violation of this section will result in immediate removal of the sign and sandwich board sign privileges shall be revoked for the remainder of that year.

(Ord. No. 2010-20, § 2, 12-7-10)

(a)

Building signs for buildings with a single business or occupant.

(1)

Size permitted: One (1) square foot of sign face area for each linear foot of the building width that faces the street frontage, provided that the total signage shall not exceed two hundred (200) square feet of sign face area, including buildings on corner lots. (For example, if the width of the building facing the front of the lot is fifty (50) feet wide, the maximum total sign face area for all building signs is fifty (50) square feet. If the building is on a corner lot, then the widths of the building facing multiple street frontages can be added together to determine the total signage area but in no case shall the total building signage exceed two hundred (200) square feet, nor shall any individual sign exceed the square footage corresponding to the linear width of the building side on which that sign is posted.)

(2)

Number of building signs permitted: Not more than three (3) building signs shall be allowed on any one (1) side of a building. Where building signs are placed upon more than one (1) side of the building, the combined sign face area, shall not exceed the amount permitted by subsection (a)(1) above.

(b)

Building signs for buildings with multiple businesses or occupants.

(1)

Size permitted: One (1) square foot of sign face area for each linear foot of the unit(s) occupied by one (1) business or occupant, provided that the total signage shall not exceed two hundred (200) square feet for any one (1) business. If the business or occupant is on the corner then the widths of the business or occupant facing multiple street frontages can be added together to determine the total signage area but in no case shall the total business or occupant signage exceed two hundred (200) square feet, nor shall any individual sign exceed the square footage corresponding to the linear width of the building side on which that sign is posted. (For example, if the width of a unit or several units, occupied by one (1) business is twenty-four (24) feet, then one (1) sign, a maximum of twenty-four (24) square feet of sign face area is permitted.)

(2)

Required spacing between signs on buildings with multiple occupants: Building signs for different occupants shall be separated by a minimum distance of thirty-six (36) inches.

(c)

In lieu of the above-described fascia signs, a business or authorized use may install a single bracket sign or a single marquee sign in accordance with the following provisions:

(1)

Size permitted: The maximum size of a bracket sign or a marquee sign shall be determined in the same manner as a fascia sign, provided that no such sign shall have more than sixty (60) square feet of projected sign face area.

(2)

There shall be not more than twelve (12) inches of clear space adjacent to the building wall, and such signs shall not extend or project from the face of the building more than ten (10) feet.

(3)

No portion of such sign shall extend above the height of the roof.

(4)

No portion of such sign shall be closer than eight (8) feet to any sidewalk or pedestrian walkway, and no closer than five (5) feet from any street side property line. All such signs shall be securely anchored to a wall and shall in no manner be connected to or suspended from the roof of any building.

(Ord. No. 2005-12, § 1, 6-6-05; Ord. No. 2007-12, § 1, 9-4-07)

(a)

Requirement for a unified sign plan. After the initial effective date of these regulations, all new nonresidential development, which shall contain space or units for more than one (1) business or occupant, shall provide a unified sign plan with the application for building permits. All subsequent applications for sign permits shall comply with the approved unified sign plan. The unified sign plan shall comply with the provisions of this chapter and shall also demonstrate a consistent theme and design with respect to each of the following:

(1)

Manner and type of construction, including materials to be used, installation method and mounting details;

(2)

Means of illumination, if any, and hours of illumination;

(3)

Size, color, lettering and graphic style.

(b)

Predevelopment signs. Signs for the purposes of announcing a coming development project may be placed within commercial zoning districts subject to the following provisions:

(1)

Issuance of a sign permit shall be required, and no such sign shall remain on any development parcel for a period of time exceeding one (1) year from the issuance date of the sign permit.

(2)

Complete and proper applications for building permits for the related development project must be submitted within sixty (60) days of the placement of any such sign, or the sign shall be removed.

(3)

Such sign shall be removed within thirty (30) days of the issuance of any certificate of occupancy, or at any time when construction ceases for a period of time longer than thirty (30) consecutive days.

(4)

Only one (1) such sign shall be placed upon the development parcel and shall not exceed the height or size as permitted by preceding sections of this Code.

(c)

Within nonresidential zoning districts. Within nonresidential zoning districts, one (1) sign per lot or development parcel advertising the sale or lease or the property limited to eight (8) feet in height and a maximum of twenty-four (24) square feet of sign face area. A sign permit shall be required for such signs, and these signs shall be removed within ten (10) days of sale or lease of the property.

(d)

Requirement to display street number. All businesses shall display the street number in a manner that is prominent and clearly readable to vehicular and pedestrian traffic, as appropriate. Street numbers shall be displayed on all freestanding signs and over front doors or primary entryways.

(Ord. No. 2005-12, § 1, 6-6-05)

As set forth by section 27-226 of this Code, all uses in the conservation districts shall require approval as a use-by-exception. The size, height, width and number of signs permitted within conservation districts shall be established during the use-by-exception process. Signs within conservation districts shall not adversely impact the environmentally sensitive qualities of these areas, shall be nonilluminated, shall contain no electrical components and shall be constructed of wood, brick, masonry, high-density urethane or similar material, which is consistent with the natural surroundings of these districts.

(Ord. No. 2005-12, § 1, 6-6-05)

Except for exempt signs as provided for in section 27-580, signs within residential zoning districts shall be limited to those as set forth below:

(1)

For single-family and two-family residential subdivisions and developments containing ten (10) or more residential lots, where individual lots are accessed from a common internal roadway, one (1) sign identifying the name of the subdivision shall be allowed at each entrance from a collector or arterial street, not to exceed two (2) signs.

a.

Size permitted: Thirty-two (32) total square feet of sign face area.

b.

Maximum height of sign: Eight (8) feet.

c.

Type allowed: Freestanding or monument style. Where more than one (1) sign is allowed, each such sign erected shall be constructed and designed in the same manner.

d.

Illumination: These signs shall be externally illuminated with ground-mounted lighting only. Any lighting shall project from the ground onto the sign only, and shall not be directed towards any street or residential lot.

(2)

For multifamily residential uses, one (1) sign identifying the name of the multifamily development shall be allowed at each entrance not to exceed two (2) signs. Internal directional signs and signs identifying buildings shall also be allowed limited to three (3) feet in height and eight (8) square feet in sign face area.

a.

Size permitted: Sixty (60) square feet of sign face area.

b.

Maximum height of sign: Eight (8) feet.

c.

Type allowed: Freestanding or monument style. Where more than one (1) sign is allowed, each such sign erected shall be constructed and designed in the same manner.

d.

Illumination: These signs shall be externally illuminated with ground-mounted lighting only. Any lighting shall project from the ground onto the sign only, and shall not be directed towards any street, vehicular drive or residential unit.

(Ord. No. 2005-12, § 1, 6-6-05)

All permanent signs, and the illumination thereof, shall be designed, constructed, and maintained in conformity with applicable provisions of the building and electrical codes.

(Ord. No. 2005-12, § 1, 6-6-05)

(a)

Sign lighting may not be designed or located to cause confusion with traffic lights.

(b)

Illumination of the sign is permissible, provided that none of the light emitted shines directly onto an adjoining property or into the eyes of motorists or pedestrians using or entering public streets.

(c)

Illuminated signs shall not have lighting mechanisms that project more than eighteen (18) inches perpendicularly from any surface of the sign over public space.

(Ord. No. 2005-12, § 1, 6-6-05)

(a)

In right-of-way. Supports for signs or sign structures shall not be placed in or upon a public right-of-way or public easement, except under the terms of a lease between the owner of the easement or right-of-way and the owner of the sign or with the written approval of the City of Neptune Beach.

(b)

Over right-of-way. No freestanding sign shall project over a public right-of-way.

(c)

Blocking exits, fire escapes, etc. No sign or sign structure shall be erected that impedes use of any fire escape, emergency exit, or standpipe.

(d)

Near certain properties. No sign or sign structure shall be within fifteen (15) feet of the outside boundary of any public highway or within two hundred (200) feet of any church, school, cemetery, public park, public reservation, public playground or residence district. The distance to the sign shall be measured along the public highway on which the advertisement is located; provided, however, that signs may be erected on any business lot within one hundred twenty (120) feet of any residence district or may be affixed or painted upon any business building located within any business district. [This subsection does not apply to the C-1 district.]

(Ord. No. 2005-12, § 1, 6-6-05)

(a)

Over pedestrian ways. All signs over pedestrian ways shall provide a minimum of seven (7) feet six (6) inches of clearance.

(b)

Over vehicular ways. All signs over vehicular ways shall provide a minimum of thirteen (13) feet six (6) inches of clearance.

(Ord. No. 2005-12, § 1, 6-6-05)

(a)

All freestanding signs shall be designed to resist a wind pressure of twenty (20) pounds per square foot in any direction.

(b)

No building sign may project more than one (1) foot from the building wall.

(Ord. No. 2005-12, § 1, 6-6-05)

All signs, which were lawfully in existence and constructed or installed with properly issued sign permits as of the effective date of these amended regulations, and which are made nonconforming by the provisions herein shall be allowed to remain in accordance with the following conditions:

(1)

Freestanding signs, permitted pursuant to section 27-584, made nonconforming upon the initial effective date of these amended regulations, which are not in compliance only with respect to the minimum required distance of five (5) feet from any property lines shall be allowed to remain in the existing location provided that no portion of the sign is located within any publicly owned right-of-way or utility easement and that no interference with clear sight distance exists, and further provided that such signs are otherwise in compliance with the terms of this article.

(2)

Freestanding signs, permitted pursuant to section 27-584, made nonconforming upon the initial effective date of these amended regulations, which are not in compliance with respect only to maximum width, height or size shall be allowed to remain, provided that such signs are otherwise in compliance with the terms of this article.

(3)

Nonconforming signs, including those as described in preceding subsections (1) and (2) shall be made conforming with all provisions of this article when any of the following changes are made:

a.

Any change to the structural supports or structural materials, including temporary relocation associated with routine maintenance of a property.

b.

Any increase in illuminated area.

c.

Any change which increases the height and/or area of a sign.

d.

Any rebranding as defined herein.

e.

Any replacement required as the result of damage, a weather event, and/or an Act of God.

f.

Any replacement of an abandoned sign.

g.

Any change necessary for compliance with Florida Building Code requirements.

h.

The subdivision or partial conveyance of a lot or parcel which reduces the street frontage of the lot for purposes of calculating the size and/or number of sign(s) on said lot or parcel.

i.

Any repair done without obtaining a required building permit.

(4)

The provisions of this section shall not be construed to apply to signs that are deteriorated, dilapidated, or in a general state of disrepair, or which are determined to create a hazard to public safety, which signs shall be removed by the property owner within sixty (60) days of written notice from the city manager or designee of such condition. Abandoned signs shall be removed only in accordance with section 27-707 herein.

(5)

For violation of this section, the city manager or his designee shall assess a civil penalty to be paid in the following amounts:

First offense .....$500.00

Second offense .....$1,000.00

Third and each subsequent offense .....$1,500.00

All appeals of civil penalty assessments must be in writing and received by the city clerk within thirty (30) days of assessment and shall be heard by the special magistrate.

(Ord. No. 2005-12, § 1, 6-6-05; Ord. No. 2015-02, § 1, 3-2-15; Ord. No. 2015-17, § 4, 11-2-15)

Any advertisement, advertising sign or advertising structure which is constructed, erected, operated, used, maintained, posted or displayed in violation of this Code is hereby declared to be a public and private nuisance and shall be forthwith removed, obliterated or abated. Any portable sign such as snipe signs or real estate signs may be removed without notification of the property owner, if such sign is placed in public rights-of-way.

(Ord. No. 2005-12, § 1, 6-6-05)

(a)

The developer shall submit to the building official a completed sign application.

(b)

Within ten (10) days after receipt of an application, the building official shall determine that the information is complete or incomplete and inform the developer of the deficiencies, if any. If the application is deemed:

(1)

Incomplete, the developer may submit the required information within ten (10) days without payment of an additional application fee, but, if more than ten (10) days elapse, the developer must thereafter initiate a new application and pay a new application fee; or

(2)

Complete the building official shall determine if the sign meets all provisions of this Code and shall issue the permit which states whether the application is approved, denied, or approved with conditions within twenty-five (25) days of receiving the permit application.

(Ord. No. 2005-12, § 1, 6-6-05)

Any administrative decision that is made by any city official in the administration or enforcement of this article may be appealed within thirty (30) days to the circuit court.

(Ord. No. 2005-12, § 1, 6-6-05; Ord. No. 2006-01, § 1, 3-6-06)

(a)

Proposed art projects must apply for a public art permit with the building department on the forms provided by the city and pay any associated permit fees before being placed on the community development board agenda. Any proposed art project in the commercial districts that in the opinion of a majority of the community development board is found to be public art that enhances the commercial district may be recommended to the city council for its approval. If approved by the city council, such an art project will be permitted as long as it is maintained in good condition. The city council may place conditions for approval on the proposed project. Any such art project which deteriorates over time shall be removed by the applicant at the sole discretion of the city council. The city manager or designee will determine if the application is complete before setting a date for the community development board to consider the application.

(b)

In making their decisions, both the community development board and city council shall determine:

(1)

That the proposed art project will enhance the aesthetic beauty of the area of its proposed location;

(2)

That the artist is capable of completing the work in accordance with the plan submitted as part of the application;

(3)

That the information in the application regarding the durability and expected maintenance of the proposed art project is correct; and

(4)

That the materials to be used and the manner of application will not require excessive maintenance by its owner.

(c)

In making their determinations, the community development board and city council may consider evidence of property values, the opinions of the owners and occupants of surrounding properties and the public.

(d)

If final approval is given for the project by the city council, the city manager or designee will issue a permit. The project will be inspected by the city manager or designee to ensure that the project is being completed as approved by the council.

(e)

The city shall maintain the right to remove any artwork and revoke any public art permit should the project fall into disrepair or should the project fail to be installed within twelve (12) months of the issuance of the permit.

(f)

Upon completion of the artwork, any alterations, except for minor touch-ups to scratches, scuffs, or peeling paint, shall be approved by the community development board.

(Ord. No. 2007-16, § 2, 11-5-07; Ord. No. 2010-14, § 55, 9-7-10; Ord. No. 2022-03, § 1(Exh. A), 8-1-22)