(A)

Purpose. The purpose of this article is to create a comprehensive system of street graphic controls, thereby facilitating clear communication, reduced traffic hazards and an enhanced aesthetic appearance of the city.

(B)

Definitions.

(1)

Aggregate frontage: For the purpose of this section aggregate frontage shall be defined and determined as follows:

Interior lots. Actual lineal right-of-way frontage.

Through lots. Actual lineal right-of-way frontage along principal right-of-way or frontage.

Corner lots. The sum of the straight line lineal distances along the principle and secondary frontages extended beyond corner chords, radius and turn lanes to the point of intersection.

Interrupted corner parcels. The sum of the actual lineal principal and secondary right-of-way frontages exclusive of outparcel(s).

(2)

Animated sign: A sign which utilizes motion of any part by any means, or displays flashing, oscillating, sequential or intermittent lights. Animated signs include those using video screens, digital pixels, LED, or other methods that have the ability to change imagery or information as well as any sign that can change imagery or text electronically or mechanically or by any method other than a person or persons physically present at the sign physically adding or removing text or images. A person physically holding and/or moving a sign on an ongoing basis, not for repair, maintenance, or replacement, as a method of drawing attention from the public is also an animated sign.

(3)

Banner sign: A temporary sign having the characters, letters or illustrations applied to cloth, paper or fabric of any kind with only such material for backing.

(4)

Bunting: Any kind of pennant, streamer or other similar fabric decoration. This becomes a part of a temporary sign.

(5)

Bench sign: Any sign painted on or attached to a bench or to a shelter for persons awaiting public transportation.

(6)

Building identification sign: A sign, regardless of its content, that is placed at the top edge of a building or at its building or site entrance.

(7)

Cold air balloon or balloon sign: Any sign of fabric type material, inflated by cold air to a point of semi-rigidity for the purpose of floating above the ground.

(8)

Contractor sign: A temporary sign, regardless of its content, that is placed at an active construction site where development permits have been issued where the undertaking of real property improvements are underway.

(9)

Corner site: For the purpose of this section a corner site shall be defined as a site having frontage on two (2) intersecting roads. Sites having frontage on two (2) intersecting roads which frontage is interrupted by one (1) or more outparcels shall be considered a corner site. However, any frontage associated with an outparcel shall not be included in the frontage calculation of the corner site.

(10)

Development identification sign: A sign, regardless of its content, that is placed at the entrance to a residential or commercial neighborhood or development.

(11)

Directional sign: A sign, regardless of its content, that is placed at an intersection or area where vehicles or pedestrians would need to change their direction of travel or choose a direction of travel

(12)

Reserved.

(13)

Façade: The face of a building from the ground to the roof line.

(14)

Reserved.

(15)

Ground or monument sign: Any freestanding solid monument structure containing a sign face which is supported solely by its own ground-mounted base and which is not attached or affixed in any way to a building or other structure. A permanent sign mounted on a fence or screening wall is also a ground sign. All ground signs shall include the address numbers of the commercial properties represented by the sign.

(16)

Illuminated sign: Any sign having characters, letters, designs, logos or outlines illuminated by continuous electric lights or luminous tubes designed for that purpose, whether or not said lights or tubes are physically attached to the sign.

(17)

Local roadway: For the purpose of this section a local roadway shall mean any roadway other than those specified as a major roadway as defined in this section.

(18)

Major roadway: For the purpose of this section of the Land Development Code a major roadway shall mean U.S. 1 (North Federal Highway), North Dixie Highway, North Andrews Avenue, N.W. 9 Avenue (Powerline Road), N.W. 31 Avenue, N.E. 62 Street (Commercial Boulevard), Prospect Road (from North Dixie Highway to N.W. 10 Terrace) and Oakland Park Boulevard.

(19)

Model sign: A sign, regardless of its content, which is placed at a particular building designed as a dwelling unit but being used commercially in a new residential development as a sales office or is being exhibited to depict other units of a similar design that are for sale.

(20)

Multitenant center: Any shopping center, office center, business center or industrial center in which two (2) or more occupancies abut each other or share common parking facilities or driveways or are otherwise related, including common ingress/egress drives.

(21)

Off-premises sign: Any sign, regardless of its content, that is sold, rented, provided, or leased to a user that is not the owner of a business establishment physically located at that property and issued a certificate of use for that business, and that business serves a bonified purpose other than merely the placing or maintaining of that sign, or the sign user is not a resident of that property.

(22)

Outparcel: A freestanding site or building consisting of a business or establishment unrelated to any other business or establishment located within or on the principal building or site.

(23)

Pole-sign: Any permanent sign erected upon a pole, poles, or a pylon, and which is wholly independent of any building and/or other structure for support.

(24)

Political sign: Any temporary sign, regardless of content, which is only installed before a public election is scheduled to be held.

(25)

Portable sign: Any temporary sign not permanently attached to the ground or other permanent structure or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels; skid-mounted signs; ; any type of inflated or windblown object with the purpose of directing attention to a business or activity; any type of feather, teardrop, or other non-quadrilateral-shaped flag and signs attached to or painted on vehicles parked to clearly provide advertising close to the public right-of-way, unless said vehicle is used in the normal day-to-day operations of the business, driven away from the premises at least two (2) time[s] per week for service calls or to transport workers to their residences (as could be proven by changes to the odometer reading), the sign area is less than two (2) square feet per side, and there is no reasonable alternative parking space.

(26)

Principal frontage:

1.

The greater of two (2) frontages of a corner site when both intersecting roads are major roadways or when both intersecting roads are local roadways.

2.

The frontage of a corner site on a major roadway when the second frontage is on a local roadway.

(27)

Reserved.

(28)

Projecting sign: A sign directly attached to and extending from a building or other structure by more than fifteen (15) inches.

(29)

Real estate sign: A temporary sign regardless of content, installed at a property which is actively being marketed for rent, lease, or sale and only permitted at that property while it is actively being marketed for rent, lease or sale other than short-term rentals or rentals as a regular course of business for the establishment.

(30)

Roof sign: A sign erected over, across or on the roof of any building, which is dependent on the roof, parapet or upper walls of a building for support.

(31)

Sidewalk or sandwich sign: A moveable sign not permanently secured or attached to the ground.

(32)

Sign: Any structure and all parts composing the same, together with the frame, background or support therefore, which is used for advertising or display purposes or any statutory, sculpture molding, casting or other objects used for advertising or display purposes, or any flags, bunting or material used for display or advertising purposes, or for the purpose of attracting the attention of the public.

(33)

Sign area:

(a)

Ground sign: Area in square feet per sign face. (Two (2) faces only) as well as an area in square feet to measure the sign's structure, unless the ground sign is integrated into a fence or screening or a screening/property dividing wall.

See Figure 1 below for graphical computation methods only to measure the area per sign face.

Figure 1

(b)

Reserved.

(c)

Wall signs and window signs containing integral background areas: The area of a sign containing a clearly defined background area as defined herein shall be the area of the smallest geometric shape capable of encompassing the perimeter of the background area of the sign.

In the case of signs in which multiple background areas are separated by space, sign area shall be expressed as the sum of the areas of all separate background areas, calculated as referenced above, but without regard for space between separate background areas.

(d)

Wall signs and window signs without integral background areas: In instances in which a sign consists of individual elements such as letters, symbols, or other graphics, or representations that are painted, attached to, or otherwise affixed to a surface such as a wall, window, canopy, architectural projection, or to any surface not specifically designed to serve as a sign background, the sign area shall be expressed as the sum of the individual areas of the smallest geometric shapes capable of encompassing the perimeters of the individual elements comprising the sign.

See the below Figure 2 for graphical computation methods.

Figure 2

(34)

Sign height: Freestanding sign height shall be measured from the elevation of the sidewalk adjacent to the frontage to the top of the sign's structure. In the event no sidewalk exists, height shall be measured from the average finished grade measured around the perimeter of the sign structure.

(35)

Snipe sign: A sign which is tacked, nailed, posted, pasted, glued or otherwise attached to trees, poles, stakes, walls, trash receptacles 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. Legal notices required by law are exempted.

(36)

Temporary sign: Any sign constructed in a temporary manner such that a structural building permit was not granted for its construction or installation. Such sign is required to be displayed for a limited period as specified in section 24-149, Table 3.

(37)

Wall sign: A sign which is affixed to an exterior wall, fascia, cantilever, marquee, awning or mansard of any building which is parallel thereto and supported by said wall, fascia, cantilever, marquee, awning, mansard or building. No sign shall project higher than the top of said wall, fascia, mansard or building.

(38)

Window: For the purpose of this section a window shall be defined as that portion of a first or second floor façade consisting of a glass like material designed to provide viewing of the interior from an adjacent exterior walkway and which shall be no less than seventy-five (75) percent transparent from the exterior during daylight hours. Window area is defined as contiguous window panels separated by dividers less than six (6) inches in width.

(39)

Window sign: A permanent sign painted on a store front window or door, or temporary signs attached thereto indicating the name of the business and/or main or accessory services or products or both.

(Ord. No. O-90-13, § 2, 8-1-90; Ord. No. O-90-21, § 10, 10-17-90; Ord. No. O-90-22, § 2, 10-17-90; Ord. No. O-93-1, § 2, 1-20-93; Ord. No. O-2012-013, § 2, 8-1-12; Ord. No. O-2022-016, § 2, 6-15-22)

(A)

The following signs are prohibited anywhere in the city:

(1)

Animated signs. Exemptions to this prohibition apply only for the following:

(a)

Motor vehicle fueling stations that are permitted one (1) sign per street frontage only to use 'seven-segment display character representations' of letters or numbers, fractional divider lines, and decimal points for up to three (3) rows of up to six (6) letters or numbers per row as well as such a sign.

(b)

Signs installed by governmental agencies for public notice or safety purposes nor to signs at individual fuel pumps at motor vehicle fuel stations.

(c)

Tri-vision panel at billboards only in accordance with section 24-153.

(2)

Pole signs.

(3)

Buntings, balloons, inflatable attention-getting devices, windblown signs, and flags other than (a) temporary signs with approved permit and (b) up to three (3) flags on poles not to exceed forty (40) feet in height in a commercial zone or twenty-five (25) feet in a residential zone, and no more than one (1) pole per building.

(4)

Obscene signs that include sexually explicit material that violates fundamental notions of decency.

(5)

Off-premises commercial signs except at a bus shelter or bus stop bench, and billboards (as provided for in section 24-153).

(6)

Portable signs.

(7)

Roof signs.

(8)

Snipe signs.

(9)

Signs, other than signs placed by agencies of governments, erected on any public property. No sign shall be placed on any utility pole except for signs installed by the public utility operating at the utility pole without the written consent of the owner and the prior approval of the city commission.

(10)

Box or cabinet signs other than for channel letters.

(11)

Changeable copy signs other than chalkboard or A-frame types.

(12)

Translucent acrylic panels larger than one (1) square foot. For larger signs, individual letters or symbols may each require their own translucent acrylic panel.

(13)

internally lit awning, backlit fabric awning, or glossy fabric awning, with or without signage.

(Ord. No. O-90-13, § 3, 8-1-90; Ord. No. O-90-21, § 10, 10-17-90; Ord. No. O-93-1, § 3, 1-20-93; Ord. No. O-2001-007, § 1, 2-21-01; Ord. No. O-2012-013, § 2, 8-1-12; Ord. No. O-2022-016, § 2, 6-15-22)

(A)

The following signs must be placed where relevant:

(1)

Warning signs at gasoline stations as prescribed by the fire marshal.

(2)

Fire lane markings, no smoking, locked doors, blocked, apartment identification, not an exit and others as may be prescribed by the fire marshal.

(3)

Building identification:

(a)

Residential building with four (4) dwelling units or less: Address numerals at least three (3) inches high which shall be required to be installed within one (1) year of the effective date of this article.

(b)

Residential building with more than four (4) dwelling units and nonresidential buildings: Address numerals at least ten (10) inches high which shall be required to be installed.

(c)

Nonresidential buildings in addition to (b) above: Address numerals at least three (3) inches high by rear doors, which shall be required to be installed within one (1) year of the effective date of this article.

(d)

As a condition for receiving a certificate of occupancy, occupational license or use permit address numerals shall be permanently placed on a building or store front pursuant to this section.

(4)

Handicapped parking signs.

(Ord. No. O-90-13, § 4, 8-1-90; Ord. No. O-90-21, § 10, 10-17-90; Ord. No. O-90-22, § 3, 10-17-90; Ord. No. O-93-1, § 4, 1-20-93)

(A)

The following may be permitted on public or private land by resolution of city commission irrespective of other provisions of this article:

(1)

Benches carrying advertising matter placed upon the sidewalks at bus stops

(2)

Bus shelters, carrying advertising matter, constructed so as not to obstruct vision triangles at driveways and rights-of-way.

(a)

Before consideration of an application to approve a bus stop shelter within the right-of-way of I-95, a permit shall be issued from the Florida Department of Transportation and presented to the city.

(b)

Before approval by the city of any bus shelter on or extending over private property, acceptable evidence of the property owner's approval shall be ascertained.

(3)

Signs specifically permitted by the City Commission for location and/or time and date of public meetings of civic organizations or government agencies to serve a governmental purpose and installed and removed according to policies.

(4)

Reserved.

(5)

Directional signs desired by governmental units.

(6)

Such similar signs of a public nature as the commission deems desirable.

(7)

Signs installed under the direction or regulation of federal, state, county and/or municipal agencies including plaques placed by historical agencies shall be permitted

(8)

One (1) A-frame or sandwich board sign not exceeding six (6) square feet and five (5) feet in height, placed no further than five (5) feet from an entrance. Minor right-of-way encroachment may be permitted pursuant to development review committee approval. Placement must not interfere with pedestrian travel or encroach upon the required accessible path. May only be displayed during business hours and must be removed when the business is closed.

(Ord. No. O-90-13, § 5, 8-1-90; Ord. No. O-90-21, § 10, 10-17-90; Ord. No. O-93-1, § 5, 1-20-93; Ord. No. O-2022-016, § 2, 6-15-22)

The following signs are authorized in all residential districts, including MH and RV:

TABLE 1

(Ord. No. O-90-13, § 6, 8-1-90; Ord. No. O-90-21, § 10, 10-17-90; Ord. No. O-2022-016, § 2, 6-15-22)

[A.]

Tables 2A, 2B, 2C, 2D and 2E authorize the following signs in NB, B-1, B-2, B-3, I-1, CF and PCC Districts; in the RO District, each structure shall not have more than one (1) sign, either wall or ground. Directional signs are also permitted as per section 24-147, Table 1, including BP and CP Districts. Pole signs are not permitted. A ground sign mounted onto a fence or property dividing wall is exempt from the sign structure measurement requirements.

TABLE 2A
FREESTANDING SIGNS

Minimum setbacks for freestanding signs:

1.

Five (5) feet from the right-of-way and five (5) feet from the side property line except in zoning districts which permit a zero side setback the setback from the side property line may be zero (0).

2.

If the sign is within an ultimate right-of-way as shown on the Broward County Trafficways Plan, the owner shall sign a hold harmless agreement to exempt the city from any relocation costs.

3.

Reserved.

4.

Where setbacks or limited parking areas preclude the safe placement of a freestanding sign on frontage greater than one hundred (100) feet an additional wall sign may be permitted in accordance with Table 2B.

TABLE 2B
WALL SIGNS

TABLE 2C
WINDOW SIGNS

TABLE 2D
BUILDING IDENTIFICATION SIGNS

TABLE 2E
A. Multitenant Office and Retail Properties

Multitenant office and retail properties are those properties, sites or developments which are occupied by one (1) or more structures and any combination of more than one retail business, service business or office, served by a common access and parking area and may be owned or managed by one (1) or more entities. The following provisions apply to multitenant office and retail properties.

1.

The site shall be permitted freestanding signs in accordance with Table 2A.

2.

In lieu of a permitted freestanding sign pursuant to Table 2A the site may erect one freestanding site identification/tenant directory sign not to exceed the following standards.

3.

Each ground floor establishment shall be permitted wall signage in accordance with Table 2B.

4.

Ground floor establishments with double store front or corner bays are permitted two (2) signs. One (1) sign on the primary store front and one (1) sign facing the street or internal circulation route. Outparcel building signage is regulated by this provision. The area of the secondary sign shall be no more than seventy-five (75) percent of the sign area of the primary sign. Provided, however, that the maximum allowable area for each sign may be the average of the permitted area of both.

5.

One canopy identification sign per ground floor establishment is permitted not to exceed three (3) square feet in area. The sign must be positioned ninety (90) degrees to façade and located in close proximity to the primary pedestrian entrance to the establishment.

6.

Second story establishments with frontage on and direct exterior pedestrian access to a public right-of-way, internal circulation route, or common parking area shall be permitted wall signage in accordance with Table 2B except the sign area shall be limited to thirty (30) percent of the sign area permitted.

7.

Establishments above the second story shall not be permitted any individual exterior signage.

B.

Multiple Tenant and Mixed Use Signage Plan. In lieu of complying with the prescriptive limits of this sign code a multitenant property, site or development, whether under single ownership or multiple ownership may submit a coordinated signage plan for the entire property, site or project. Such sign plan shall provide:

1.

That all signs conform to the extent possible to this Code.

2.

Plans and elevations showing the size and location of all signs proposed, including but not limited to:

Ground signs

Identification/tenant directory signs

Wall signage; window signage

Canopy signage

Rear identification signage

Directional signage

Informational signage

Address signs

Outparcel signage

Signage specifications including: size, color, style, and lighting.

All multitenant/mixed use signage plans shall be reviewed for compliance with this Code, uniformity and reasonableness by the development review committee and if determined generally consistent with the Code permitted by the community development department.

(Ord. No. O-90-13, § 7, 8-1-90; Ord. No. O-90-21, § 10, 10-17-90; Ord. No. O-90-22, § 4, 10-17-90; Ord. No. O-93-1, § 6, 1-20-93; Ord. No. O-2012-013, § 4, 8-1-12; Ord. No. O-2014-010, § 2, 6-18-14; Ord. No. O-2022-016, § 2, 6-15-22)

TABLE 3

(Ord. No. O-90-13, § 8, 8-1-90; Ord. No. O-90-21, § 10, 10-17-90; Ord. No. O-90-22, § 5, 10-17-90; Ord. No. O-93-1, § 7, 1-20-93; Ord. No. O-2012-013, § 4, 8-1-12; Ord. No. O-2014-010, § 3, 6-18-14; Ord. No. O-2022-016, § 2, 6-15-22)

(A)

Design. All signs shall conform to Florida Building Code, including but not limited to Chapter 16, section 1619, relative to wind pressure standards.

(B)

Electric signs. In addition, all illuminated signs shall meet the National Electric Code.

(C)

Maintenance.

(1)

All signs must be kept in good condition, neat appearance and good state of repair.

(2)

Weeds shall be kept out within a radius of fifty (50) feet of any sign and no rubbish or debris shall be permitted so near thereto, that the same shall constitute a fire hazard.

(D)

Landscaping of ground sign. If a new ground sign is not placed in an area of required landscaping as contained in article X, then a planting bed at least two (2) feet in depth shall surround the sign. This bed shall contain shrubs and supplemental ground cover, and shall be shown on the site plan, and meet the relevant requirements of article VIII.

(E)

Rear of signs. Where the rear or side of any sign is visible from any street or from any adjoining residential district, said side of rear shall be finished in such a way as to conceal the structural member of the sign.

(F)

Nuisance.

(1)

Illumination: No illuminated signs shall face a residential district in such a way as to be a nuisance to the residential district at night. Lighting to be designed to prevent light spillage from face. Sign lighting to be shielded and landscaped.

(2)

Signs extending over public right-of-way: No sign of any kind shall be permitted to be erected upon private property and extend into or above, or be anchored or placed, in any portion of the right-of-way of a city street or public sidewalk.

(G)

Reserved.

(H)

Freestanding signs on corner sites.

(a)

Corner sites having an aggregate frontage of less than six hundred (600) feet shall be permitted a freestanding sign on the primary frontage having a sign area as determined in Table 2A. In addition said site may utilize a ground sign as determined in Table 2A, if permitted, on the secondary frontage or may utilize an additional wall sign facing the secondary frontage. The size of the additional wall sign shall be as determined in Table 2B.

(b)

Corner sites having an aggregate frontage of six hundred (600) feet or more shall be permitted, as determined in Table 2A, a sign on each frontage.

(I)

Reserved.

(J)

Political sign procedures.

(1)

Bond: As a prerequisite to the posting of political signs, the candidate, or party desiring to place the sign, shall file with the Code Enforcement Department of the City of Oakland Park a cash bond in the amount of one hundred dollars ($100.00) to secure the removal of the political signs within seven (7) days after the election or the immediate removal of any signs erected which are contrary to any provision of the Code of Ordinances.

(2)

Written permission: In the case of vacant land, a nonresidential tract or a residential tract, lot or parcel, the candidate shall provide a written statement of permission for the erection of political signs upon any lands not owned by the candidate, said statement to specifically provide for permission for the city to enter upon the property in order to remove a sign in the event that removal becomes necessary under the provisions of this article.

(3)

Forfeiture: If any political signs posted in compliance with this section remain seven (7) days after termination of the general or special election, and/or are found to be posted in noncompliance with any provision of this section, the one hundred dollar ($100.00) cash bond shall be forfeited to the City of Oakland Park to pay for the cost of removal of said sign(s) by the city. Should all signs posted pursuant to this section be removed within the seven-day period, the one hundred dollar ($100.00) cash bond posted with the code enforcement department shall be returned to the candidate.

(4)

Personal responsibility: Each candidate shall personally be responsible for the filing of the bond required in this section, whether the signs displayed in his behalf are personally posted by said candidate or someone in said candidate's behalf. In the event a multi-candidate sign is posted, each candidate whose name appears on said sign shall be required to file for a bond and shall do so prior to the posting of said signs. Each candidate whose name appears on a multi-candidate sign shall be equally responsible for compliance to provisions of this section.

(K)

Adjustment procedure. The development review committee (DRC) or a subcommittee thereof shall be authorized to adjust provisions of this article relating to size, height, location and number of permitted signs when conflicts arise between the provisions of this article and other required development regulations or public service provisions of the Code of Ordinances.

(Ord. No. O-90-13, § 9, 8-1-90; Ord. No. O-90-21, § 10, 10-17-90; Ord. No. O-93-1, § 8, 1-20-93; Ord. No. O-2003-001, § 11, 2-19-03; Ord. No. O-2022-016, § 2, 6-15-22)

(A)

Application. Every sign shall require a sign permit to be issued by the community development department after an application is submitted on forms to be provided by the department. Application and permit fees are as specified from time to time by the city commission in the sign permit fee schedule. Submittal as part of the site plan is encouraged.

(B)

Minimum plan requirements. The applicant shall show plans and specifications of the sign, method of construction and attachment to the building or in the ground. These drawings shall be to scale showing the square foot area and dimensions of the sign structure as well as the sign face, copy to appear on sign, height of letters, colors, materials, lighting equipment, if any, and the position of the proposed sign(s) relative to buildings, property lines, and/or other wall signs, as appropriate, by survey or drawn plot plan with measurements.

(C)

Issuance of sign permit. If the sign or neon lighting, as indicated in the drawings and descriptions, shall be in accordance with all the provisions of the Florida Building Code, and this article, then a permit shall be issued for the erection of any such sign or neon lighting upon payment of the prescribed fee as set forth in the Oakland Park Code of Ordinances provided that:

(1)

The sign company has secured a certificate of competency and satisfies the city's insurance requirements, and

(2)

The establishment that is receiving the sign has a valid occupational license.

(D)

Improperly installed or dilapidated signs.

(1)

Unsafe, insecure or improperly constructed: Upon inspection by the building inspector, if any sign is found to be unsafe, insecure, or not properly constructed according to the requirements of this article, the owner, agent, or person having beneficial use of the building shall be required to make it safe, secure, and of proper construction if defective or remove such sign if erected contrary to the provisions and requirements of this article. If notice of need for correction or removal is not complied with within one (1) week, the building inspector shall direct the code enforcement department to cause such sign to be removed at the expense of the owner.

(2)

Destroyed, dilapidated or dangerous: Any sign at least fifty (50) percent destroyed must be immediately removed at the owner's expense and a new permit secured before the sign or advertising display is replaced. If not repaired within a reasonable time, the sign shall constitute a public nuisance, and shall be removed at the owner's expense. Any sign deemed dangerous to the general welfare shall be immediately removed by the code enforcement department at the expense of the owner thereof. The city reserves the right to remove any sign at the owner's expense which shows neglect or which becomes dilapidated, or where the premises wherein it is situated are not properly maintained.

(3)

Neon and electric violations: Any neon lighting or electric sign installed at any location that does not conform with the National Electric Code or that violates the ordinances of the city shall, upon notice by the chief electrical inspector, be discontinued immediately from service by the owner until made to conform with this article and is subsequently approved by the electrical and/or building inspectors. Upon failure to so discontinue service until conformation with this article, the city shall have the power, authority and duty to discontinue and disconnect the unlawful or nonconforming installation, at the owner's expense.

(4)

Removal of illegal signs: All illegal (as opposed to nonconforming) signs in the city shall be removed at the expense of the owner, agent or lessee of the real estate on which such signs are located or at the expense of the owner of such signs. The city reserves the right to remove any such sign, if the owner thereof fails to comply with this requirement for removal, forty-eight (48) hours after the owner has been notified by the code enforcement officer.

(E)

Enforcement.

(1)

Sign contrary to provisions: No sign shall be permitted to be erected or in the city contrary to the provisions of this article.

(2)

Authorization to remove: The community development director or designee and the chief code enforcement officer of the city shall enforce the provisions of this article, and further, the building official and chief code enforcement officer are hereby authorized and directed to remove all signs which are contrary to the provisions of this article in accordance with (D) above.

(3)

In the event the city cannot locate the owner, then a notice shall be mailed to the last known address of said owner and a copy of said notice shall be attached to the sign in violation of this article. If the sign is removed by the city, the city is hereby vested with the authority to appropriate the materials obtained from such sign and to credit the value thereof to the owner against the cost of such removal.

(4)

If such expense is not paid within thirty (30) days from the date of the notice of such city expense for removal of said sign, the city shall have the right to impress a lien upon the real property upon which such sign is located. The city shall have the continuing right to foreclose such lien, in accordance with general law in a court of competent jurisdiction.

(Ord. No. O-90-13, § 10, 8-1-90; Ord. No. O-90-21, § 10, 10-17-90; Ord. No. O-93-1, § 9, 1-20-93; Ord. No. O-2003-001, § 15, 2-19-03)

(A)

Signs, other than pole signs, lawfully in existence on the effective date of this chapter or prior ordinances, which do not conform with the provisions of this article, and signs which are accessory to a nonconforming use shall be deemed to be nonconforming signs and may remain except as qualified below. The burden of establishing nonconforming status of signs and of the physical characteristics/location of such signs shall be that of the owner of the property. Upon notice from the zoning administrator, a property owner shall submit verification that sign(s) were lawfully existing at time of erection. Failure to provide such verification shall be cause for order to remove sign(s) or bring sign(s) into compliance with the current ordinance.

(B)

No nonconforming sign shall be enlarged nor shall any feature of a nonconforming sign, such as illumination, be increased.

(C)

Nothing in this section shall be deemed to prevent keeping in good repair a nonconforming sign other than a pole sign. Nonconforming signs shall not be extended or structurally reconstructed or altered in any manner, except a sign face may be changed so long as the new face is equal to or reduced in height and/or sign area.

(D)

No nonconforming sign shall be moved for any distance on the same lot or to any other lot unless such change in location will make the sign conform in all respects to the provisions of this article.

(E)

A nonconforming sign that is destroyed or damaged by any casualty to an extent not exceeding fifty (50) percent of its area may be restored within two (2) months after such destruction or damage but shall not be enlarged in any manner. If such sign is so destroyed or damaged to an extent exceeding fifty (50) percent or not restored within two (2) months of damage, it shall not be reconstructed but may be replaced with a sign that is in full accordance with the provisions of this article.

(F)

A nonconforming sign which is changed to becoming conforming or is replaced by a conforming sign shall no longer be deemed nonconforming, and thereafter such sign shall be in accordance with the provisions of this article.

(G)

Pole signs are prohibited. Pole signs in existence as of June 15, 2022, are considered nonconforming and subject to the below-stated removal requirements. Any pole sign shall be completely removed from its location and can only be replaced with a conforming sign. Any of the following events determine when the pole sign shall be removed:

(1)

The business using the sign ceases to operate for six (6) or more months.

(2)

There is damage by any means to the sign face or the sign structure, even through the deliberate act of removing copy, text, or imagery.

(3)

Seven (7) years from the from June 15, 2022.

(Ord. No. O-90-13, § 11, 8-1-90; Ord. No. O-90-21, § 10, 10-17-90; Ord. No. O-90-22, § 6, 10-17-90; Ord. No. O-93-1, § 10, 1-20-93; Ord. No. O-2022-016, § 2, 6-15-22)

Charter reference— Authority to impose above penalty, Art. I, § 14(kk).

(A)

Following the submittal and review of a sign permit by the zoning division, billboards may be permitted as a special exception at site specific locations along I-95 after consideration by the city commission at a regularly scheduled public meeting.

(B)

The following procedure shall be used to apply for and make a determination under a special exception application:

(1)

The application shall be in a form as provided by the community development department and submitted with a special exception application fee as required by the community development department's fee schedule, as amended from time to time.

(2)

The special exception shall be heard by the city commission at a public hearing as a quasi-judicial matter.

(3)

In reviewing the application for special exception, the city commission shall review for compliance with the criteria set forth in this section. In addition, the city commission may impose conditions upon the property granted the special exception in order to mitigate the impacts upon the public health, safety, comfort, order, appearance, convenience, and general welfare.

(C)

Revocable license agreement.

(1)

Upon the granting of a special exception by the city commission, a revocable license agreement will be entered into by the property owner and the city. The term of this agreement shall be for a twenty-year period with an option to renew for a similar period of time upon the terms and conditions set forth herein.

(2)

It is agreed that for each billboard installed, a payment in an amount established by resolution adopted by the city commission, to a city commission designated charity.

(3)

If at any time during the duration of the license for the special exception, the billboard is determined not to comply with the requirements of this section, the city shall give written notice of the noncompliance, and allow sixty (60) days in which the property owner shall bring the billboard into compliance.

(4)

A fee established by resolution adopted by the city commission shall be paid each year to the city to cover expenses associated with enforcement of this section.

(D)

Location of billboards.

(1)

No billboard is permitted on a parcel of land located:

(a)

Within one thousand five hundred (1,500) feet of any other permitted billboard facing I-95 on the same side of the highway;

(b)

Within five hundred (500) feet of a public school or residentially zoned district.

(2)

For purposes of this section, distance shall be by airline measurement from the location of the base of the billboard pole to the closest property line of the public school site or residentially zoned district.

(3)

Where a billboard is located in conformity with the provisions of this chapter, the subsequent locating of a school within five hundred (500) feet of such existing billboard shall not be construed to cause the billboard to be in violation of this chapter.

(E)

Size and design of billboards.

(1)

The top of any billboard shall not be higher than forty-five (45) feet above the crown of the road along the property frontage which the sign serves.

(2)

No billboard shall exceed fifty (50) feet in overall length and six hundred seventy-two (672) square feet per side.

(3)

A maximum of two (2) sign faces may be erected on one (1) sign structure. The sign structural elements exposed at the open "V" shaped sign shall be screened from view in a manner acceptable to the city commission. The area of such signs at a single location shall not exceed six hundred seventy-two (672) square feet per side.

(4)

Billboards shall be illuminated only by means of shielded spotlights. The use of strip lighting is prohibited. On each double-faced billboard, computer digital lighted animation is prohibited. The use of Trivision panels or single-faced only will be allowed.

(5)

The name of the owner of the billboard shall be attached to each sign structure and shall be legible from the nearest right-of-way.

(6)

Billboards shall be designed to allow for collocation of telecommunications antennas in accordance with Article XIX of this chapter.

(Ord. No. O-2001-007, § 2, 2-21-01; Ord. No. O-2021-016, § 2, 9-22-21)