The purpose of this article is to regulate the size, location, construction and manner of display of signs so as to not confuse or obstruct lines of vision necessary for traffic safety, diminish the aesthetic beauty of the city, or otherwise endanger the public safety, and minimize the city's liability; to promote effective business identification, advertising, and communication; to provide for enforcement; and to further the objectives of this title and the Comprehensive Plan.

(Ord. No. 95-2, 3-14-95)

Each contractor, builder, owner or occupant, whether owner or tenant, of each business or residential building located within the boundaries of the city is required to place upon the building the number assigned to such lot in accordance with sections 5-46 and 5-47, City of Niceville Code of Ordinances.

(Ord. No. 95-2, 3-14-95)

[As used in this article, the following words and terms shall have the meaning ascribed thereto:]

(a)

Abandoned signs: An abandoned sign is a sign which no longer advertises or gives correct directions to a bona fide business conducted, a service performed or a product sold, or which is not being maintained, as determined by the city manager or his designee.

(b)

Awning signs: An awning sign is a sign painted on, printed on or attached flat against the surface of an awning.

(c)

Banner signs: Banner signs are signs made of fabric or any nonrigid material, string pennants, festoon or wind-blown attention catching devices.

(d)

Billboard signs: A billboard sign is any sign composed of a flat surface upon which advertising copy is displayed promoting goods, services or other things not sold or available upon the site where the sign is located. The advertising copy may be changed manually, mechanically or electronically. Any mechanical or electronic devices must meet all state department of transportation regulations.

(e)

Directional signs: Directional sign shall mean:

(1)

A sign, permanently erected or permitted in the public right-of-way or private property by the city, county, the state or other governmental agency, including signs which denote the name of any thoroughfare, the route to any city, town, village, educational institution, public building, historic place, shrine or hospital, to direct and regulate traffic, to denote any railroad crossing, bridge, ferry or other transportation or transmission company for the direction or safety of the public.

(2)

A sign, notice or symbol for the information of the Federal Aviation Agency as to locations, directions, landings and conditions affecting safety in aviation.

(f)

Facade: The entire building wall, including wall face, parapet, facia, windows, doors, canopy and roof on any complete elevation.

(g)

Free-standing signs: A free standing sign (also known as a ground sign) is a sign supported by poles or braces in the ground and not attached to any building.

(1)

Cabinet: A cabinet is defined as a sign structure consisting of sign face or faces, backs and edging as well as electrical equipment and gear; the whole comprising an intricate structure. Also called sign casing, sign can, sign frame.

(2)

Module: A module is defined as panels of identical size and shape, preformed for rapid construction, or set up on the actual building site.

(h)

Frontage: The length of the property line of any one premises along a street on which it borders.

(1)

Building frontage: The single facade constituting length of building or that portion of a building occupied by a single office, business, or enterprise abutting a street, parking area, or other means of customer access such as an arcade, mall, or walkway.

(i)

Height: The vertical distance measured from ground grade nearest the base of the sign to the highest point of any sign.

(j)

Canopy signs: A canopy sign is a sign which is suspended from, attached to, supported from or forming a part of a structure constructed of rigid materials, including but not limited to metal, wood, concrete, plastic or glass, which is attached to and supported by a building or by columns, poles or braces extended to the ground.

(k)

Nonconforming signs: A nonconforming sign is:

(1)

A sign which was erected legally but which does not comply with subsequent enacted sign restrictions and regulations;

(2)

A sign which does not conform to the requirements of this article but for which a nonconforming permit or variance has been issued;

(3)

A sign in existence prior to the adoption of this article which does not conform to the provisions of this article.

(l)

Nonportable signs: A nonportable sign is any sign other than those that by definition are portable.

(m)

Obscene, indecent or immoral signs: A sign containing any statement, word, character or illustration which the average person applying contemporary community standards, would find to appeal to the prurient interest, when considering the dominant theme of the material taken as a whole.

(n)

Off-premises signs: An off-premises sign is an outdoor sign which advertises or directs attention to an establishment, business, merchandise, service, commodity, attraction or entertainment that is sold, produced, manufactured or furnished at a place other than the property on which the sign is located. This definition does not include billboard signs.

(o)

On-premises signs: An on-premises sign is a sign which advertises or directs attention to an establishment, business, merchandise service, commodity, attraction or entertainment that is sold, produced, manufactured or furnished at the property on which the sign is located.

(p)

Outdoor signs or signs: Any display, device or structure using letters, graphics, symbols or copy designed primarily for the purpose of advertising or directing attention to a location, product, subject, person or service which is displayed to be viewed from out-of-doors.

(q)

Political signs: A political sign is a sign identifying and urging support for or opposition to a particular political issue, political party, or candidate for public office.

(r)

Portable signs: A portable sign is a sign capable of being carried or moved about. This includes a sign mounted on wheels or on a trailer chassis, a sidewalk sign or a sandwich sign.

(s)

Projecting signs: 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.

(t)

Readerboard or price signs: A readerboard or price sign has movable copy integrated into the sign.

(u)

Roof signs: A roof sign is a sign erected over or on, and wholly or partially dependent upon, the roof of any building for support, or attached to the roof in any way.

(v)

Snipe signs: A snipe sign is a sign which is tacked, nailed, posted, pasted, glued or otherwise attached to trees, poles, stakes or fences or to other objects, and the advertising matter appearing thereon is not applicable to the present use of the premises upon which such sign is located.

(w)

Subdivision signs: A subdivision sign means a sign which contains only the name of a platted subdivision or other residential development.

(x)

Under canopy signs: An under canopy sign is a sign suspended beneath a canopy, ceiling, or roof.

(y)

Vehicle signs: A vehicle sign is a permanent or temporary sign affixed to or placed in or upon any parked vehicle, parked trailer or other parked device capable of being towed, the primary purpose of which is to attract the attention of the traveling public, provided that this definition does not include any signs which are required by any unit of government and does not include a single sign placed on a single vehicle or trailer at a residence of an individual, which sign identified the vehicle or trailer as being for sale.

(z)

Window signs, permanent: A permanent window sign is any sign which is painted on, applied to, attached to or projected upon or within the exterior or interior of a building glass area, including doors, or located within fifteen (15) feet of the interior of a building glass area, including doors, or any interior illuminated signs whose identification, message, symbol, insignia, visual representation, logo-type or any other form which communicates information can be read from off-premises contiguous property or public rights-of-way.

(aa)

Window signs, temporary: A temporary window sign is a window sign of a temporary nature used to direct attention to identifying merchandise or a change in the status of the business, including but not limited to signs for sales, specials, going out of business and grand openings.

(Ord. No. 95-2, 3-14-95; Ord. No. 03-10-01, 10-14-03)

(a)

No person shall relocate, install, construct on site or alter on site an outdoor sign or sign without first obtaining a permit from the city and paying the fee required, unless exempted by this article. Permits for normal maintenance and repair are not required.

(b)

An application shall be filed, together with drawings and specifications, to fully advise the city of the number of signs applied for and the design, stress, location, construction, materials, manner of illuminating the sign and manner of securing the sign and the wording on the sign. All signs which are electrically illuminated by neon or other means shall require a separate electrical permit and inspection. An application for a sign permit to the city shall use a form provided by the city. All construction details included in the application shall conform to the Southern Standard Building Code and the National Electric Code.

(c)

All permitted signs shall be identified by the name of the installer and the city permit number.

(d)

Signs shall be inspected annually. It is the responsibility of the sign owner to ensure that the signs have been properly maintained, legible, well painted and in good repair.

(Ord. No. 95-2, 3-14-95)

Should any sign become insecure, in danger of falling or otherwise unsafe, in the opinion of the city manager or his designee, the owner thereof, or the person maintaining the sign, shall upon written notice from the city, immediately in the case of imminent danger, and in any case within ten (10) days, secure the sign in a manner to be approved by the city manager or his designee, in conformity with the provisions of this article or remove such sign. If such order is not complied with in ten (10) days, the city shall remove such sign at the expense of the owner or lessee thereof.

(Ord. No. 95-2, 3-14-95)

(a)

Continuation. A nonconforming sign may be continued in use after the effective date of this ordinance [March 14, 1995], provided it does not constitute a hazard to the public's safety or to adjoining properties and provided that it complies with the Southern Standard Building Code and electrical codes. Only one (1) nonconforming free-standing sign and one (1) nonconforming building sign may be continued in use for the specified period after the passage of this article. All other nonconforming signs shall be removed within sixty (60) days after the passage of this article. Nonconforming signs must be removed or brought into conformance pursuant to the following:

(1)

If the sign violated the then existing ordinance at the time of its installation, sixty (60) days from the passage of this article;

(2)

For portable signs (on or off premises), thirty (30) days from the passage of this article;

(3)

For on-premises, nonportable signs, two (2) years from the passage of this article or five (5) years from date of original construction, whichever is later;

(4)

For off-premises, nonportable signs, one (1) year from the passage of this article.

(5)

For billboard signs, seven and one-half (7½) years from the passage of this article.

a.

All legally erected nonconforming billboard signs shall be removed (amortized) within seven and one-half (7½) years from passage of this article unless amortization without compensation is, at the end of that time, prohibited by state and/or federal law.

b.

If a court of competent jurisdiction determines that, as applied to a particular nonconforming billboard sign, the seven and one-half (7½) year period for removal is not enforceable, then a ten-year period shall apply.

c.

If a court of competent jurisdiction determines that, as applied to a particular nonconforming billboard sign, the period for removal provided for in subsection a. or b. of this section is unenforceable, then the court shall determine what additional period of time shall be required and, consistent with subsection d., that period shall tack onto the otherwise applicable time period.

d.

The intent of subsections c. and d. is to prevent a successful legal challenge to the application of these removal provisions from requiring the amortization period to begin anew. Therefore, any additional period of time either required by the preceding two and one-half (2½) year extension provision of subsection b. above, or any court decision that extends the time beyond ten (10) years under subsection c. shall tack onto the period of time that has passed since passage of this article for purpose of calculating the eventual removal date.

(b)

Restrictions. A nonconforming sign shall not be:

(1)

Replaced with another nonconforming sign;

(2)

Relocated, unless such relocation will bring the sign into conformity;

(3)

Modified in any way that would continue or increase the degree of nonconformity;

(4)

Structurally altered so as to extend its useful life; or

(5)

Reestablished after damage or destruction if the damage or destruction exceeds fifty (50) percent of the current appraised value of the sign.

(c)

Removal and disposition of nonconforming signs.

(1)

It shall be unlawful to erect, use or maintain a sign or sign structure when it does not comply with the requirements of this article. The city is authorized to remove unlawful signs and sign structures pursuant to the provisions of this article.

(2)

Banners, project signs, real estate signs, sidewalk or sandwich signs, snipe signs and special event signs are subject to removal pursuant to the following provisions:

a.

The city council finds that, in view of the inexpensive nature of these signs and the administrative burden which would be imposed by elaborate procedural prerequisites prior to removal, any procedure other than summary removal of these signs when unlawfully erected and maintained would defeat the purpose of regulating such signs. Therefore, the city manager or his designee is hereby authorized summarily to remove such signs when unlawfully erected and maintained, subject to the provisions contained in subsection b. below.

b.

After summary removal of a sign pursuant to this section, the city manager or his designee shall notify, either in person or by first-class postage, prepaid, the occupant of the property from which the sign was removed, and if the sign identifies a party other than the occupant of the property, the party so identified. The notice shall advise that the sign has been removed and shall state that the sign may be retrieved within thirty (30) days of the date of the notice, and that, if the sign is not retrieved within thirty (30) days, it will be disposed of by the city. If the sign is removed from public property, the party, if any, identified on the sign shall be notified; if no party is identified on the sign, then no notice prior to disposition is required. The city shall dispose of all unclaimed signs after the expiration of the thirty-day period.

(3)

Signs and sign structures not subject to removal pursuant to subsection (2) above which are or have been erected or maintained unlawfully, may be referred to the city council for appropriate action or the city may proceed to pursue all remedies available at law or equity to it to remove signs or sign structures which are or have been unlawfully erected or maintained.

(d)

Encroachment on city property.

(1)

Signs that are nonconforming because they encroach on city property at the time of enactment of this article may remain if a variance is obtained from the city.

(2)

In the case of new signs that encroach on city property, a variance is required.

(Ord. No. 95-2, 3-14-95)

A request for a variance to the sign article will be made to the city's planning commission. The grant of the variance will be in harmony with the general intent and purpose of the code and such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. In order to recommend any variance from the terms of this article to the city council, the planning commission must find:

(a)

That special conditions and circumstances exist which are peculiar to the sign involved and which are not applicable to the other similar signs;

(b)

That the special conditions and circumstances do not result from the actions of the applicant;

(c)

That granting the variance requested will not confer on the applicant any special privilege that is denied by this article to other similar signs;

(d)

That the variance granted is the minimum variance that will make possible the reasonable use of the sign;

(e)

The literal interpretation of the provisions of the code would deprive the applicant of rights commonly enjoyed by other similar signs under the terms of the code and would work unnecessary and undue hardship on the applicant.

16.06.01 The city council will review the request and make a final decision in the matter.

(Ord. No. 95-2, 3-14-95)

(a)

Each free-standing building will be allowed a total of one (1) outdoor free-standing sign unless otherwise specified.

(1)

Where a business has more than one (1) frontage (right-of-way), one (1) additional sign will be allowed on each additional frontage; however, the signs must be no closer than two hundred fifty (250) feet to each other.

(2)

Where a business has more than three hundred (300) feet of frontage, an additional sign will be allowed.

(b)

The following additional signs are allowed on the building:

(1)

Where a business has more than one (1) frontage (right-of-way), one (1) additional sign will be allowed on each additional frontage.

(2)

Signs on sides of buildings. One (1) sign allowed on each side of the building not to exceed the total allowable signage size set forth in Section 16.10.00(a).

(Ord. No. 95-2, 3-14-95)

The following signs shall be exempt from the provisions of these sign regulations and may be erected or constructed with permission from the city manager or his designee, and in accordance with the Southern Standard Building Code and the National Electric Code:

(a)

Signs not exceeding one (1) square foot in area and bearing only property numbers, post box numbers, or other identification of premises not having commercial connotations.

(b)

Signs erected by or on behalf of or pursuant to the authorization of a governmental agency or political subdivision, including legal notices, identification and informational signs and traffic, directional or regulatory signs.

(c)

Decorative flags and bunting for a celebration, convention, or commemoration of significance to the entire community when authorized by the city manager or his designee for a prescribed period of time.

(d)

Holiday lights and decorations.

(e)

Signs incorporated into machinery or equipment by a manufacturer or distributor, which identify or advertise only the product or service dispensed by the machine or equipment, such as signs customarily affixed to vending machines, newspaper racks, telephone booths and gasoline pumps.

(f)

Signs painted on or otherwise permanently attached to currently licensed motor vehicles that are not primarily used as signs.

(g)

Real estate signs, on site, temporary in nature, nonilluminated, not exceeding nine (9) square feet in area for residential properties and thirty-two (32) square feet in area for commercial properties, advertising real estate for sale, lease or rent or announcing contemplated improvements of real estate, but not exceeding one (1) sign for each street frontage, may be posted. Real estate signs may be left in place only for ten (10) days following closing.

(h)

Murals not having commercial connotations.

(i)

Entrance/exit signs not to exceed three (3) square feet.

(j)

Drive-through menu boards.

(k)

Window signs, temporary, not to exceed thirty (30) days.

(l)

Window signs, permanent, providing the advertising copy does not exceed twenty (20) percent of the window glass area.

(m)

On-premises informational/directional signs not to exceed three (3) square feet.

(n)

The flying of flags limited to national, state or city, limited to a total of three (3) in number, provided that such flags shall not be used in such a way as to attract the attention of the public for commercial purposes.

(o)

Organizations that operate public recreation sites may allow advertisements to be placed inside of recreation facilities.

(p)

City coordinated directional signs that provide assistance in pointing out the proper route to a business, civic organization, or church within the city not located on primary highways, may be permitted by the city manager or his designee.

(Ord. No. 95-2, 3-14-95)

The following signs are expressly prohibited or restricted unless specifically exempted in this article:

(a)

Abandoned signs. Abandoned signs are prohibited. Any sign, structure or support relating to a business which has not been operating for thirty (30) days shall be considered as an abandoned sign, and if it is not removed or made aesthetically acceptable by the owner, it may be removed by the city at the property owner's expense, following twenty (20) days' notice to the property owner.

(b)

Banner signs: One (1) banner sign is allowed for a business, provided that the banner is attached to the building or between permanent supports of an existing sign secured on all four (4) corners, and the size does not exceed thirty-six (36) square feet. Banner signs are allowed, for special events, festivals and recognized holidays for the duration of the event for which they are used, but no longer than thirty (30) days. Any torn banner sign shall be immediately removed. Banner signs are prohibited over rights-of-way. A permit is not required.

(c)

Billboard signs: Billboard signs are prohibited. The ground areas around billboard sign poles in existence on the effective date of this article shall be landscaped and/or beautified as reasonably determined by the city manager or his designee. The vegetation around, in front of, behind, and underneath the base of billboard signs within a ten-foot circumference of the sign shall be trimmed and free of unsightly weeds, and no rubbish or debris shall be permitted under or near the billboard sign.

(d)

Lighting, flashing or rotating beams on signs: Internal and external lighting of signs is allowed, provided that the light source is directed on the face of an outdoor sign and does not shine or reflect onto any portion of a right-of-way or roadway. Revolving, rotating beam, flashing or oscillating lights are prohibited as part of any outdoor advertising sign.

(e)

Obscene, indecent or immoral signs. Obscene, indecent or immoral signs are prohibited.

(f)

Off-premises signs: Off-premises signs are prohibited. The area around off-premises signs in existence on the effective date of this article shall be kept clean and well maintained.

(g)

Political signs: Political signs are permitted, and all such signs shall be removed in accordance with Florida State Statutes. A fee or deposit may be required.

(h)

Portable signs: Portable signs are permitted only on a temporary basis for new businesses, previously vacant building or a different business classification up to thirty (30) days. A permit and fee are required. All portable signs must be suitably anchored. If electronically illuminated, circuits must be protected with GFIC (ground fault interrupter circuits) and electrical cable protected from pedestrian or vehicular traffic. All portable signs must be removed and safely secured when a "hurricane watch" is issued.

(i)

Vehicle signs: Vehicle signs are prohibited unless otherwise exempted in this article.

(Ord. No. 95-2, 3-14-95)

The following miscellaneous signs are prohibited:

(a)

Signs on public rights-of-way, sidewalks, parkways, public property, parks, trees, fences, public benches, street lights and telephone poles, except for those placed by appropriate governmental authorities. Such signs include, but are not limited to, signs commonly known as snipe signs.

(b)

Signs in violation of any building, electrical or traffic code effective in the city.

(c)

Signs imitating or resembling official traffic or governmental signs.

(Ord. No. 95-2, 3-14-95)

A permanent accessory sign may be a ground or building sign. The following outlines the allowable sign types, number and the area of permanent accessory signs:

(a)

Awning, building, canopy, projecting, and roof signs. For each linear foot of building frontage, one (l) square foot of sign area is allowed to a maximum of sixty (60) percent of the width of the building frontage; in no event shall a sign be required to be smaller than thirty-six (36) square feet, nor may it be larger than two hundred thirty-three (233) square feet. If projecting, the lowest projection of the sign shall be eight (8) feet above grade. A permit and fee are required.

(b)

Free-standing signs. In calculating the area of a free-standing or projecting sign, only the largest face of any double or multiface sign shall be counted with the aggregate total square footage not to exceed one (1) square foot per linear foot of street frontage; in no event shall a sign be required to be smaller than thirty-six (36) square feet, nor may it be larger than one hundred (100) square feet. One (1) sign cabinet/module per business/occupant, in addition to a readerboard sign, shall be allowed. One (1) shopping center free-standing identification sign, not to exceed one hundred (100) square feet, is permitted with a minimum five-hundred-foot highway frontage. Free-standing signs shall not exceed thirty-five (35) feet in height. A permit and fee are required. The area of the sign shall be measured as follows if the sign is composed of one (1) or two (2) individual cabinets:

(1)

The area enclosing the perimeter of each cabinet or module shall be totaled to determine total area. Architectural embellishments such as pole covers, framing, decorative roofing, etc., shall not be included if they do not bear advertising copy.

(2)

In the case of one (1) owner or single development multi-business properties, when the sign is composed of more than two (2) sign cabinets or modules, the total of all cabinets and/or modules shall be the area of the sign. Pole covers and other embellishments shall not be included in the area of sign measurements if they do not bear any advertising copy.

(c)

Home occupation signs. One (1) home occupation sign shall be permitted for properties properly licensed. Such sign may not exceed one (1) square foot in area, nonilluminated, and mounted flat against the wall of the principal building at a position not more than two (2) feet from the main entrance of the residence. A permit and fee are required.

(d)

Readerboard or price signs. One (1) readerboard or price sign is permitted per sign structure, provided that the readerboard is architecturally integrated into a sign or sign structure that does not exceed the total area of the particular type of sign authorized in accordance with paragraph (b). A permit and fee are required.

(e)

Subdivision signs. Subdivision signs are permitted provided they do not exceed sixty-four (64) square feet. The sign design and landscaping plan shall be submitted to the city manager or his designee for approval. A permit and fee are required.

(f)

Time and temperature signs: Time-temperature-date signs are permitted as a permanent accessory sign on commercially developed parcels. They shall be counted as part of an occupancy's allowable sign area. A permit and fee are required.

(g)

Under-canopy signs. The sign area of an under-canopy sign shall not exceed four (4) square feet. Not more than one (1) under-canopy sign per business is permitted. The lowest projection of the sign shall be not less than seven and one-half (7½) feet above grade. A permit and fee are required.

(Ord. No. 95-2, 3-14-95)

All signs, including their supports, braces, guys and anchors, electrical parts and lighting fixtures, and all painted and display areas, shall be maintained, and shall be in accordance with the Southern Standard Building Code and amendments and all associated building, mechanical and electrical codes adopted by the city. The vegetation around, in front of, behind, and underneath the base of ground signs within a ten-foot circumference of the sign shall be trimmed and free of unsightly weeds, and no rubbish or debris shall be permitted under or near the sign.

16.11.01 Continuing obligation. The owner of any sign erected or constructed pursuant to this Code shall have a continuing obligation for the safe and secure maintenance of said sign as shall all successors in title and ownership. The city manager or his designee shall notify any owner of any sign which does not meet the building standards adopted by the city, or any provision of this Code, or any deficiency requiring immediate correction.

(Ord. No. 95-2, 3-14-95)

It shall be unlawful for any person to violate or fail to comply with any provision of this Code. The violation of any provision of this Code shall be punished in accordance with section 1-11, City of Niceville Code of Ordinances.

(Ord. No. 95-2, 3-14-95)

Any person or corporation that encounters a problem pertaining to the conditions and requirements of this article must be afforded due process in that such person or corporation shall be advised in writing by the city of any infraction or nonperformance of the terms and conditions of this article and shall have a reasonable opportunity to be heard in response to the city manager. If the problem cannot be resolved to that person's or corporation's satisfaction an opportunity shall be given to appear and be heard before a meeting of the city council.

(Ord. No. 95-2, 3-14-95)