Oviedo City Zoning Code

The City Council of the City of Oviedo finds and determines as follows:

(A)

The City of Oviedo has complied with all requirements and procedures of Florida law in processing and advertising this article.

(B)

This article is an exercise of the City of Oviedo's powers as a municipality under the provisions of Article VIII, Section 2 of the Constitution of the State of Florida, F.S. Ch. 163, F.S. Ch. 166, and other applicable law.

This article shall be known and may be cited as the "City of Oviedo Sign Ordinance" or the "City of Oviedo Sign Code."

(A)

The definitions set forth in Article XVIII shall be used in the interpretation and application of this article. Terms that are not defined shall be given their meaning as otherwise defined in this Land Development Code or in pertinent statutory law of the State of Florida. Unless specifically defined below or in the specific provision in which they appear in this Land Development Code, words and phrases shall be interpreted so as to give them the meaning they have in common usage and in such manner so as to provide these regulations their most reasonable application. One (1) or more concepts or things may be referred to by different names throughout this Land Development Code. It should not be assumed that because one (1) concept or thing may have different names that it is a separate concept or thing unless that is the most reasonable interpretation.

(B)

The word "person" includes a firm, association, organization, partnership, trust, company, or corporation as well as an individual.

(C)

The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular.

(D)

The words "shall" or "must" are mandatory; the word "may" is permissive.

(E)

The word "used" or "occupied" includes the words "intended," "designed," or "arranged to be used or occupied."

(F)

The word "structure" includes the word "building" and vice versa, as well as other things constructed or erected on the ground, attached to something having location on the ground, or requiring construction or erection on the ground.

The purpose and intent of this article are as follows:

(A)

To preserve, protect and promote the public health, safety, welfare and general aesthetic quality of the City by reducing the adverse effects of signs and displays on highway safety, building safety and property value.

(B)

To enhance the economy, business and industry in the City by promoting the reasonable, orderly and effective display of signs.

(C)

To protect pedestrians and motorists from damage or injury caused by distractions, obstructions and hazards created by signs.

(D)

To preserve the value of private property by assuring the compatibility of signs with surrounding land uses.

(E)

Prevent sign overload and excessively large signs which create visual chaos.

(F)

To establish regulations for the fabrication, erection and use of signs and other outdoor advertising displays within the City consistent with constitutional guarantees.

(G)

To ensure that private property rights are protected both in terms of being authorized to place signs on their property in accordance with sound and generally accepted planning and land use practices and principles and in terms of ensuring that others do not place signs on their property without their consent.

(A)

Permit Required. It is prohibited and unlawful for any person to erect, construct, alter, display, locate, or relocate within the City, any sign without having first obtained a permit therefore, except as provided for in this article.

(B)

Public Right-of-Way Signs/Banner Structures on Utility Poles. The Land Use Administrator may delegate internal permitting authority to the City Department Director, or designee, whose department supervises and administers activities relative to signs erected by the City where the sign is erected and related to traffic direction or other governmental matters. Only City signature special events and City-sponsored special events as approved by resolution of the City Council may use banner structures installed on utility poles and such permitting shall be subject to the provisions of this subsection. Such signs displayed on individual utility or communication poles that contain City-authorized hanging devices shall not exceed sixteen (16) square feet in area. The signs referenced in this subsection and Subsection 14.5(C) are the only signs permitted within the City's right-of-way; provided, however, that candidates or others may hold free speech signs in a manner that is consistent with public safety on sidewalks.

(C)

Temporary Sign Permitting/Municipal Purposes. The Land Use Administrator may delegate internal permitting authority to the City department director, or designee, whose department installs temporary signs relating to municipal public purposes on City-owned property when installed to assist the public in locating or attending City-sponsored programs or events. The signs referenced in this subsection and subsection (b) are the only signs permitted within the City's right-of-way; provided, however, that candidates or others holding free speech signs in a manner that is consistent with public safety or sidewalks or other right-of-way.

(D)

Work to be Performed by Owner, Lessee or Licensed Contractor. The erection or alteration of all signs requiring permits under this article shall be accomplished by the property owner, the owner's agent to include, but not be limited to, an appropriately-licensed contractor or a lessee. In no event will the City permit a sign without authority being evidenced by the owner of the property on which the sign is proposed to be located.

(E)

Application for Permit. All applications for permits under this section shall be made by owner of the property where the sign is to be located or owner's agent to include, but not be limited to, an appropriately-licensed contractor or lessee. Failure to provide all of the required information in the sign permit application shall constitute an insufficient application which shall not be reviewed until all of the required information has been submitted.

(F)

Issuance of Permit. Upon receipt of sufficient application for a sign permit, the Land Use Administrator, or designee, shall review the plans, specifications and other data relating to such sign and, if considered necessary, inspect the premises upon which the sign is proposed to be erected. If the proposed sign is in compliance with this article and all other applicable laws and codes of the City, a sign permit shall be issued within thirty (30) days after receipt of the sufficient application and applicable fees. The City shall advise the applicant of the need for revisions, approval, or denial of the permit application within thirty (30) days of the submittal of the application.

(G)

Sign Planning for Occupants. The burden of responsibility to provide space on the freestanding sign for each occupancy of the premises shall remain with the owner of the premises.

(H)

Permit Fees. Permit fees under this article shall be established by resolution of the City Council.

(A)

Exempt Signs. Warning signs less than six (6) square feet in area, signs required by Federal or State law, exempt signs listed in F.S. § 479.16, signs on bus benches or bus shelters in connection with public transportation, and commemorative plaques are exempted from the permitting requirements of this article but shall comply with the other provisions hereof, meet applicable construction and other requirements and obtain electrical permits if applicable.

(B)

Prohibited Signs. It is prohibited and unlawful to erect, construct, alter, display, locate, relocate or maintain within the City any attention-getting device or sign described as follows:

(1)

Traffic or Pedestrian Hazards. Any sign which obstructs the line of sight between pedestrians and vehicles using the public right-of-way including, but not limited to, signs not meeting applicable line of sight standards and signs using:

(a)

Flashing lights;

(b)

Bare bulbs;

(c)

Mobile billboards when parked and displayed as a sign.

(2)

Attention-getting devices and signs attached to trees, traffic or parking control devices including, but not limited to, stop signs, speed limit signs, parking signs, or attached to utility poles whether on private property or the public right-of-way.

(3)

Humans and animals holding signs or wearing signs and commercial mascots except when on private property and permitted as an attention getting device or as part of a temporary sales event or special event.

(4)

Signs attached to or painted on motor vehicles where the motor vehicle is not operable or is not regularly used as a motor vehicle as part of the activity located on the premises, even if used by the business owner for personal use.

(5)

Any sign in the public right-of-way, except as specifically authorized in this article.

(6)

Signs made of combustible materials that are attached to or in close proximity to fire escapes or firefighting equipment.

(7)

Off-site signs, except as specifically authorized in this article.

(8)

Discontinued signs.

(9)

Parasite signs.

(10)

Vehicles which are identified as "for sale" parked in public rights-of-way or on any lot or premises not licensed, approved and authorized for the sale of vehicles.

(11)

A sign located in a parking space except when approved as part of a temporary sales event or a special event regardless of the nature of the special event and regardless of content.

(12)

A sign which is placed on property without the written consent of the respective property owner.

(13)

Signs projecting or displaying three-dimensional or holographic images.

(14)

Snipe signs.

(15)

Roof signs.

(16)

Pole signs.

(17)

Any other signs that are not expressly permitted or allowed by this article.

(C)

Setbacks. The setbacks for signs specified in this article shall be measured horizontally from the vertical plane of the property line or public right-of-way line to the closest point of the sign.

(D)

Construction and Maintenance Standards. All signs, regardless as to whether permanent or temporary, shall be constructed and maintained in accordance with the following standards:

(1)

Code Compliance. All signs shall be constructed and maintained in accordance with the provisions and requirements of the Florida Building Code, if a building permit was required, and all other applicable codes, ordinances and requirements.

(2)

Structure. Signs shall be maintained in a vertical position, unless originally permitted otherwise, and in a good and safe condition at all times. The structural integrity of signs shall be maintained at all times. Signs that are dilapidated shall be removed, repaired or replaced.

(3)

Damage. Damaged faces or structural members shall be replaced or repaired upon such condition occurring. If notification of the condition is received from the City, such replacement or repair shall occur within the time requirements established by the City. If signs that do not contain structural members are damaged, or weatherworn, as determined by the special magistrate, they shall be replaced, repaired or removed immediately. It shall be a condition of every temporary sign permit, regardless as to whether formally permitted or not, that, should a sign become a hazard of any type to the public, as determined by the special magistrate, the City shall have the right, but not the obligation, to enter upon the premises on which such sign is located and remove the sign.

(4)

Safety. Electrical systems, fasteners and the sign and structure as a whole shall be maintained at all times in a safe condition as determined by the City. It shall be a condition of every temporary sign permit, regardless as to whether formally permitted or not, that, should a sign become a hazard of any type to the public, as determined by the City, the City shall have the right, but not the obligation, to enter upon the premises on which such sign is located and remove the sign.

(5)

Exterior Finishes. Sign posts, frames and stanchions shall be finished. Concrete shall be finished with stucco and painted, or finished in an equivalent decorative texture and color. Wood shall be painted or stained to a uniform finish. Metal shall be finished in powder coating, paint or brushed textured. Brick or stone are the preferred materials for construction of the base and framework for freestanding signs.

(E)

Payment of Local Business Tax. The payment of the City's local business tax shall be rebuttable evidence of an individual occupancy.

(F)

Noncommercial Speech. Any sign, allowed by either a permit or as a matter of right, whether an on-site sign or an off-site sign, may contain noncommercial speech in lieu of any other type of speech.

(A)

Design Standards. All signs regardless of type or zoning district shall meet the following standards:

(1)

Composition. A sign is defined in Article XVIII.

(a)

In cases where matter is displayed in a random or unconnected manner without organized relationship of the components, each such component shall be considered to be a single sign.

(b)

In the case of a permanent sign made of any fabric or other non-rigid material, the sign shall conform to each specification for such signs found elsewhere in this article of this LDC and the Florida Building Code.

(2)

Master Sign Plan. A Master Land Use Plan shall include a Master Sign Plan.

(B)

Sign Area Calculation. The total sign area shall include the background and frame, but not structural supporting elements outside of the frame. Where a sign is composed of skeleton letters, characters, or symbols applied to a background which is not a structural part of the sign, the area of the sign shall be the smallest rectangle, triangle, oval, circle, or combination thereof which will include the display, as depicted in Figure 14.7.1, Sign area:

(1)

Sign Background. The sign background shall include the area behind the lettering on a freestanding sign or wall sign. Color, texture and/or materials used on the sign background, if different from the color, texture and/or materials used on the building exterior shall be limited to the sign area. When signs are enclosed in a border or highlighted by background graphics, the perimeter of the border or background will be used to compute area. Such background shall not include architectural elements unless approved by an architectural design order.

(2)

Exemptions. Architectural detail and artwork are not considered signs and shall not be included in the calculation of sign area. Directional signs shall not count towards the total sign area.

Figure 14.7.2—Sign Background

(3)

Double-Faced Signs. For double-faced signs, only the area of one (1) side of the sign shall be counted, provided that both sides are equal in size and height and contained within a common perimeter. If the sides are not equal in size, the maximum square footage of surfaces visible from any single point shall be used for computing sign area including the back of the sign face, if visible. A double-faced sign with an internal angle of thirty (30) degrees or less between the sign faces shall only be counted as one (1) sign.

(4)

Management Control—Multi-Story Developments. For projects containing two (2) or more stories and multiple tenant/owner spaces, all signs shall be in conformance with an approved Master Sign Plan. To ensure compliance, a letter of authorization from an owner association or management company is required to be submitted with the building permit application.

(A)

General Standards.

(1)

ROW Encroachment. No part of any sign shall extend beyond any building restriction line or encroach into the public right-of-way.

(B)

Multiple Frontage Properties.

(1)

On corner or through lots, freestanding signs are permissible for the secondary frontage under the same regulatory provisions that govern the primary frontage, except as otherwise specified. Sign area allowed shall be based on the following:

TABLE 14.8.1: SIGNAGE FOR SECONDARY FRONTAGE

(a)

All setbacks and spacing requirements shall be measured around corners at the public right-of-way line. Sign area shall not be transferred between frontages.

(b)

Only one (1) freestanding sign is permittable within seventy-five (75) feet of intersections and may be of maximum size based on the largest frontage.

(c)

Multiple-frontage property which abuts streets with different sign standards shall be subject to the most stringent regulation.

(C)

Intent. Any sign with an intended use in excess of twelve (12) months from the date of installation shall be deemed a permanent sign unless otherwise indicated elsewhere in this LDC or in a development order or development permit. Total sign area is inclusive of all building signs. Freestanding signs are calculated separately.

(D)

Building Sign Standards.

(1)

Building signs include: Wall signs, hanging/blade signs, canopy/awning signs, projecting signs, marquee signs, and non-electronic changeable copy signs. Table 14.8.2 lists the building sign standards.

(2)

Building frontage of properties along limited access highways does not count as either primary or secondary frontage for the purpose of calculating the maximum allowable sign area.

TABLE 14.8.2: BUILDING SIGN STANDARDS

¹ PUD building sign standards shall be addressed in the development agreement.

² Parking garages shall not be counted as building frontage toward the maximum allowable sign area for other uses except for any portion of the ground floor that contains a non-parking use. Signage for the parking garage is provided in Subsection 14.9(A), parking garage signs.

³ In the case of corner occupancies, one (1) additional wall sign may be allowed only where the same or similar façade treatments are used on both the front and side façades, a total sign area of two (2) square feet is allowed for each linear foot of building frontage for the secondary frontage not to exceed two hundred (200) square feet.

⁴ Refer to Subsection (E)(4) for projecting sign standards.

(E)

Types of Allowable Building Signs.

(1)

Awning/Canopy Sign. An awning sign shall be permitted but shall count toward allowable sign area for the building. Awning signs may only be located on the first floor of a structure and provide a vertical clearance of nine (9) feet along pedestrian areas.

(2)

Wall Sign. Sign face shall be approximately parallel to the wall and perpendicular to the ground, projecting no more than twelve (12) inches from the wall. Parapets added to buildings for the purpose of attaching wall signs shall match the existing architecture of the rest of the building, be of the same thickness, and on the same plane as the wall to which it is added, and no more than six (6) feet above the roofline. Additions to a parapet for the purpose of signage cannot be braced back to the roof.

(3)

Hanging/Blade Sign. Hanging or blade signs shall be used only at ground floor locations. Hanging signs shall be small in scale and provide a vertical clearance of nine (9) feet along pedestrian areas. Hanging signs shall be oriented to pedestrians passing on the sidewalk in front of the buildings rather than to automobiles or pedestrians on the far side of the street. Each commercial business shall be permitted up to four (4) square feet of sign copy area to accommodate one (1) hanging or blade sign at the pedestrian scale. Hanging/blade signs cannot project more than four (4) feet from the wall.

(4)

Projecting Sign. A sign projecting perpendicularly from a main building façade that is visible from both sides above the ground floor. No projecting sign or supporting structure shall extend above the roof line. Projecting signs shall not project more than three (3) feet from the wall. Projecting signs shall not project more than three (3) feet from the wall. Only one (1) projecting sign per building side shall be permitted. Projecting signs shall count towards the maximum building sign area.

(F)

Freestanding Signs.

Table 14.8.3 provides standards for freestanding signs. Additional details are provided below.

(1)

Freestanding signs include: business property signs, directional signs, directory signs, industrial park signs, office park signs, multifamily signs, and menu boards.

(2)

Maximum Number. The maximum number of freestanding signs on a development site shall not exceed one (1) per street frontage except that a development site with over four hundred (400) feet of frontage on an individual right-of-way shall be permitted a maximum of two (2) freestanding signs. Note that directional signs are not counted towards this provision.

(3)

Setbacks. See Table 14.8.3.

(4)

Visibility. No freestanding sign shall extend or be located within street corner visibility areas, in accordance with the standards in the Florida Greenbook.

(5)

Maximum Height and Size. See Table 14.8.3.

TABLE 14.8.3: FREESTANDING SIGN STANDARDS

(A)

Parking Garage Signs.

(1)

Parking Garages. Parking garages with at least two (2) levels of structured parking are permitted up to thirty-two (32) square feet of wall signage area per garage entrance. The wall signage can be any of the building signs mentioned in Subsection 14.8(D)(1).

(B)

Subdivision Signs.

(1)

Primary Entrance Signs. Permanent entry wall or ground-mounted signs are permissible and shall comply with the following standards:

(a)

Two (2) single-faced signs equal in size and located on each side of the entranceway wall with a maximum area of forty (40) square feet and maximum height of eight (8) feet; or

(b)

One (1) double-faced sign facing perpendicular to the street with a maximum area of forty (40) square feet and maximum height of eight (8) feet.

(c)

The length of the base of any freestanding sign shall be no less than sixty (60) percent of the length of the sign face.

(d)

The minimum landscaped area shall be no less than forty (40) square feet.

(2)

Internal Entrance Signs. Permanent entry wall or ground-mounted signs are permissible and shall comply with the following standards:

(a)

Two (2) single-faced signs equal in size and located on each side of the entranceway wall with a maximum area of twenty (20) square feet and maximum height of six (6) feet; or

(b)

One (1) double-faced sign perpendicular to the street with a maximum area of twenty (20) square feet and maximum height of six (6) feet.

(c)

The length of the base of any freestanding sign shall be no less than sixty (60) percent of the length of the sign face.

(3)

Homeowners' Association Permanent Signs. A homeowners' association may install, within a common area or an area in which an internal entrance sign is located, signs for the purposes of informing residents of the subdivision with regard to the operations, programs or projects of the homeowners' association and shall comply with the following standards:

(A)

General Standards.

(1)

The maximum height for the freestanding sign(s) shall be measured from the grade of the land at the base of the sign to the highest point of the sign.

(2)

A temporary sign permit shall be required for each seventeen-day period, and each seventeen-day period shall not be consecutive to each other, unless otherwise permitted in this section.

(3)

Temporary signs are prohibited from being attached to an existing sign, utility pole, tree, or vehicle.

(4)

Temporary signs shall not interfere with access, ingress, egress to and from a building.

(5)

A maximum of two (2) temporary signs may be displayed simultaneously on a single property.

TABLE 14.10.1: TEMPORARY SIGN PERMITTED DURATIONS

(B)

New Occupancy, New Use.

(1)

Interim Signage. A new occupancy, a new use, or any person, whose allowable freestanding or wall sign has not yet been erected, may utilize a temporary sign for a period of forty-five (45) days or until installation of the allowable freestanding or wall sign, whichever shall occur first.

(2)

Grand Opening Signage. A new occupancy, including those with permanent signage, may utilize a temporary grand opening sign one (1) time for a maximum of forty-five (45) consecutive days in conjunction with a grand opening. The grand opening sign may only be used in the event that the business engaged in the new occupancy has paid all local business taxes that are due to the City, as determined by the City, and only once upon the initial payment of the local business tax and, then, only within the period of sixty (60) days immediately following the date that the local business tax was initially paid.

(3)

Signs shall comply with the following standards:

TABLE 14.10.2: NEW OCCUPANCY, NEW USE AND GRAND OPENING TEMPORARY SIGN STANDARDS

¹ For the target areas the minimum setback is three (3) feet.

(4)

It is prohibited and unlawful for a sign to interfere with access, ingress and egress to and from the building.

(C)

Temporary Sales Events. For uses such as: Special events and outdoor sales event.

(1)

Freestanding Signs.

(a)

A bona fide tenant may install one (1) freestanding sign on-site on each street frontage for a maximum of seventeen (17) consecutive days one (1) time per calendar quarter. If the building's tenant changes, the new tenant may also install one (1) freestanding sign for a maximum of seventeen (17) consecutive days one (1) time per calendar quarter.

(b)

The freestanding sign(s) shall comply with the following standards:

TABLE 14.10.3: TEMPORARY FREESTANDING SALES EVENT SIGN STANDARDS

(c)

Signs shall be located on-site.

(d)

Such signs shall not be illuminated.

(e)

No permit shall be required for signs six (6) square feet or less.

(2)

Wall Signs.

(a)

A bona fide tenant may install one (1) wall sign for a maximum of seventeen (17) consecutive days one (1) time per calendar quarter. If the building's tenant changes, the new tenant may also install one (1) wall sign for a maximum of seventeen (17) consecutive days one (1) time per calendar quarter.

(b)

The maximum sign area shall be one (1) square foot per building front foot not to exceed thirty-two (32) square feet.

(D)

Attention-Getting Devices. Attention-getting devices are permissible and shall comply with the following standards:

(1)

Each bona fide tenant of a premises may install one (1) attention-getting device on-site for a maximum of seventeen (17) consecutive days one (1) time per calendar quarter. If a unit's tenant changes, the new tenant may also install one (1) attention-getting device for a maximum of seventeen (17) consecutive days one (1) time per calendar quarter. A temporary sign permit shall be required for each seventeen-day period, and each seventeen-day period shall not be consecutive to each other.

(2)

Attention-getting devices include, but are not limited to, the following devices:

(a)

Blade signs/feather signs;

(b)

Balloons or inflatables;

(c)

Streamers/pennants/banners; and

(d)

Commercial mascot or humans holding/wearing signs.

(3)

Flags of a nation, state or city are not deemed as attention-getting devices.

(4)

Attention-getting devices shall comply with the following standards:

TABLE 14.10.4: ATTENTION-GETTING DEVICE STANDARDS

(5)

Any electrical connection cord shall not cross any driveway, walkway, parking lot, traffic area or drainage area. Use of multiple electrical cord connections is prohibited and unlawful.

(6)

Attention-getting devices shall be used on-site only.

(7)

It is prohibited and unlawful for attention-getting devices to be placed in a parking space.

(8)

Attention-getting devices are not permitted in the Downtown Neighborhood (DN), Central Avenue (CA), or Downtown Core (DC) zoning districts.

(E)

Residential Events. Signage for residential open houses, garage sales, yard sales, estate sales, and other commercial residential events shall be allowed and comply with the following standards:

(1)

Signage may be installed for a maximum of seventeen (17) consecutive days one (1) time per calendar quarter. If a property's ownership changes, the new owner may also install signage for a maximum of seventeen (17) consecutive days one (1) time per calendar quarter.

(2)

Each seventeen-day period shall not be consecutive to each other.

(3)

A temporary sign permit shall authorize the installation of a maximum one (1) on-site freestanding sign and two (2) off-site directional signs. Off-site directional signs shall be placed on private property.

(4)

The burden and responsibility for obtaining property owner permission for the placement of permittable off-site signs shall be upon the applicant. In no event will the City permit a sign without authority being evidenced by the owner of the property on which the sign is proposed to be located.

(5)

A City-issued sticker depicting, at a minimum, the permit number and expiration date will be affixed to each permitted sign. On-site and off-site directional signs shall comply with the standards in Table 14.10.5.

(F)

Homeowners' Association Event Temporary Signs.

(1)

A homeowners' association may install or place one (1) sign at each primary entrance, with the issuance of a permit, and twenty-five (25) signs throughout the neighborhood for the purposes of providing notice of community garage sales and shall comply with Table 14.10.5.

TABLE 14.10.5: RESIDENTIAL/HOMEOWNERS' ASSOCIATION EVENT TEMPORARY SIGNS

(G)

Real Estate Signs.

(1)

Individual Premises.

(a)

One (1) non-illuminated freestanding sign is permittable on the site which is for sale and shall comply with Table 14.10.6.

TABLE 14.10.6: INDIVIDUAL PREMISES REAL ESTATE SIGN STANDARDS

(b)

Signs six (6) square feet or less shall not require the issuance of a sign permit by the City provided that they are otherwise lawful and permissible under this LDC.

(c)

Signs shall be removed within fifteen (15) days following the closure of the sale or lease of the property.

(2)

Subdivisions.

(a)

One (1) non-illuminated entry wall or ground-mounted sign is permissible at each primary entrance to a subdivision and shall comply with the following standards:

TABLE 14.10.7: SUBDIVISION REAL ESTATE SIGN STANDARDS

(b)

Signs six (6) square feet or less shall not require the issuance of a sign permit by the City provided that they are otherwise lawful and permissible under this LDC.

(c)

Signs shall be removed within fifteen (15) days following the closure of the sale of the final property.

(H)

Free Speech Signs.

(1)

Free speech signs shall not contain any commercial message that directs attention to a business operated for profit, or to a commodity or service for sale. Free speech signs which advertise an event, including but not limited to, a residential event, homeowner's association event, or shall be temporary and removed within five (5) days after the event has taken place.

(2)

All free speech signs shall be located on private property and shall not be located on public right-of-way; provided, however, notwithstanding the provision of Subsections 14.6(B)(3) and (5), that persons supporting non-commercial issues may carry and display free speech signs on public sidewalks consistent with the public safety.

(3)

The erection and removal of all free speech signs shall be the joint responsibility of the owner of the property upon which the sign is placed, or the owner of such sign.

(4)

Except for free speech signs carried by a person supporting non-commercial issues on public sidewalks consistent with public safety, free speech signs shall comply with the following standards:

TABLE 14.10.8: FREE SPEECH SIGNS STANDARDS

(5)

Free speech signs with a sign area of six (6) square feet or less shall not require the issuance of a sign permit by the City.

(6)

Free speech signs which do not advertise for an event shall not be subject to any time limitations. Free speech signs shall not contain any commercial message that directs attention to a business operated for profit, or to a commodity or service for sale.

(I)

Construction Signs.

(1)

One (1) construction sign per construction project is permissible and shall comply with the following standards:

TABLE 14.10.9: CONSTRUCTION SIGN STANDARDS.

¹ For the target areas the minimum setback is three (3) feet.

(2)

Construction signs may not be erected more than sixty (60) days prior to beginning of construction or site work if the construction activity is otherwise lawful and permissible under this LDC.

(3)

Construction signs shall be removed prior to issuance of a certificate of occupancy and proof of removal shall be provided to the City at the time that a request is submitted to the City for the certificate of occupancy.

(4)

Construction signs with a sign area of six (6) square feet or less shall not require the issuance of a sign permit by the City if the construction activity is otherwise lawful and permissible under this LDC.

(5)

It is the obligation of contractors to place construction signs at the appropriate location during the course and time period when construction activities are occurring on the property.

(J)

A-Frame Signs. One (1) "A-frame" sign, per tenant, is permittable and exempt from permitting requirement provided that such signs are only placed or displayed during business operating hours; are only located on-premises within two (2) feet of the front wall or window of the business; do not obstruct sidewalks, walkways, pathways, driveways or parking spaces per ADA requirements; and comply with the following standards:

TABLE 14.10.10: "A-FRAME" SIGN STANDARDS

(K)

Campaign Signs.

(1)

Except for campaign signs located on City-owned property used as a polling location pursuant to the provisions and restrictions set forth in the City of Oviedo Code of Ordinances, Section 30-3, campaign signs shall be located on private property and shall not be located on any public right-of-way; provided, however, notwithstanding the provisions of Subsections 14.6(B)(3) and (5), that persons supporting campaigns may carry and display campaign signs on public sidewalks in such a manner that does not obstruct others from using the sidewalk or endanger any person or property using the sidewalk and may be located within the public right-of-way at the designated polling places in accordance with the provisions and restrictions set forth in the City of Oviedo Code of Ordinances, Section 30-3.

(2)

Campaign signs on private property shall be removed within five (5) days after the election has taken place.

(3)

The erection or removal of a campaign sign shall be the joint responsibility of the owner of the property upon which the sign is placed, the owner of the sign, and the campaign for which the sign was placed.

(4)

Campaign signs with a sign area of six (6) square feet or less shall not require the issuance of a sign permit by the City.

(5)

Except for campaign signs carried by a person on public sidewalks consistent with public safety, campaign signs shall comply with the following standards:

TABLE 14.10.11: CAMPAIGN SIGN STANDARDS

(Ord. No. 1756, § 2, 5-5-25)

(A)

Removal of Non-Conforming Signs. Non-conforming signs are hereby declared to be incompatible with the intent of this article and not in the public interest. All non-conforming signs, except as provided herein, shall be removed upon notification of the owner by the City.

(B)

Continuance of Non-Conformities. It is the intent of this section to allow non-conforming signs which were lawful on the effective date of this article to continue to exist until they become a discontinued sign, or become hazardous. A non-conforming sign may continue to exist, subject to the following provisions:

(1)

A non-conforming sign shall not be enlarged or increased in any way from its lawful size as of the effective date of this LDC.

(2)

Non-conforming signs or sign structures that are discontinued shall not be allowed for reuse.

(3)

There may be a change of tenancy or ownership of a non-conforming sign without the loss of lawful non-conforming status.

(C)

Repairs, Maintenance, and Improvements.

(1)

Normal repairs, maintenance and improvements may be made; provided, however, that the cost of such work shall not exceed twenty-five (25) percent of the replacement cost of the sign, including the sign structure.

(2)

Any non-conforming sign which is damaged or destroyed by an act of nature, or otherwise, to the extent that the cost of repairing said sign exceeds fifty (50) percent of the depreciated value of the sign, including the sign structure on the date of damage or destruction, shall not be reestablished and no permit shall be issued for such work.

(3)

The "cost" of renovation or repair or replacement shall mean the fair market value of the materials and services necessary to accomplish such renovation, repair, or replacement.

(D)

Temporary or Illegal Use. The temporary or illegal use of any sign shall not be sufficient to establish the existence of a non-conforming use or to create any rights in the continuance of such use. Placement of a sign not in compliance with the requirements of this LDC will not create any vested rights.

(A)

Removal of Prohibited Signs.

(1)

Prohibited signs and signs erected without a permit shall be removed by the owner, owner's agent or person in charge of the premises after notification from the City.

(2)

Prohibited signs on public property or public rights-of-way shall be removed immediately upon notification by the City and may be removed by the City, using its own forces, without notice. Such signs shall be deemed to be contraband and shall be subject to destruction or other means of disposal at the City's discretion. The costs of removal of unlawful signs may be assessed by the City against the person or entity placing such signs on public property or public rights-of-way.

(3)

Discontinued signs shall be removed by the owner, owner's agent or person in charge of the premises after notification to the owner from the City.

(B)

Removal of Unsafe Signs. Should any sign become insecure or in danger of falling, in disrepair or deteriorated, or otherwise unsafe or constitute a public nuisance, the owner, owner's agent or person in charge of the premises shall immediately, in the case of imminent danger, or upon receipt of written notification from the City within ten (10) days in other instances, as stated by the City, secure the sign or cause it to be placed in good repair in a manner approved by the City, or said sign shall be removed by the owner, owner's agent or person in charge of the premises. If such order is not complied with, the City may remove the sign at the expense of its owner and may place a lien for the cost thereof upon the property on which the sign was located together with any other cost incurred by the City by filing such lien. The lien may be foreclosed in the same manner provided by law for the foreclosure of mortgages and the City shall have the right to receive all costs of court including reasonable attorney fees. The City may impose a special assessment and municipal lien in accordance with the provisions of the City Code.

(C)

Termination of Unlawful Illumination. Upon notification from the City that a sign is unlawfully illuminated in violation of this article, the owner, owner's agent, or person in control of the premises, shall immediately terminate the prohibited illumination or animation of such sign.

(A)

The provisions of this article may be enforced by the City utilizing any legal remedy or code enforcement process available under controlling Florida law. Any continuing violations of the terms, conditions, regulations, limitations or provisions of this article may be enjoined and restrained by an injunctive order of the Circuit Court in appropriate proceedings instituted for such purposes and the City Attorney is authorized to file such actions with the concurrence of the City Manager.

(B)

The penalties for violation of this article may be the maximum authorized penalty under the remedy, process or procedure which the City elects to pursue.

(C)

A person violating any of the terms, conditions, regulations, limitations or provisions of this article shall be subject to penalty. Each day that any violation of the terms, conditions, regulations, limitations or provisions of this article shall continue to exist, shall constitute a separate and distinct offense. Any continuing violations of the terms, conditions, regulations, limitations or provisions of this article may be enjoined and restrained by an injunctive order of the Circuit Court in appropriate proceedings instituted for such purposes.