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

(1)

The City staff report and City Council agenda memorandum relating to this matter are hereby adopted as if fully set forth herein.

(2)

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

(3)

The foregoing recitals (whereas clauses) are hereby adopted as the legislative findings of the City Council of the City of Oviedo and incorporated into this article as if set forth in haec verba.

(4)

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; Chapter 163, Florida Statutes; Chapter 166, Florida Statutes, and other applicable law.

(Ord. No. 1527, § 1, 12-5-2011)

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

(Ord. No. 1527, § 2, 12-5-2011)

(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 the 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 the 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 concept or thing may be referred to by different names throughout the Land Development Code. It should not be assumed that because one 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.

(Ord. No. 1527, § 4, 12-5-11)

The purpose and intent of this article are as follows:

(1)

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.

(2)

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

(3)

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

(4)

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

(5)

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

(6)

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

(7)

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.

(8)

The recitals to this article are adopted as additional legislative intent in support of the provisions of this article.

(Ord. No. 1527, § 4, 12-5-11)

(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 telephone poles that contain City-authorized hanging devices shall not exceed sixteen (16) square feet in area. The signs referenced in this subsection and Subsection (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.

(Ord. No. 1527, § 4, 12-5-11; Ord. No. 1541, § 3, 5-21-12 ; Ord. No. 1647 , § 8, 2-20-17)

(A)

Exempt Signs Warning signs less than six (6) square feet in area, signs required by federal or state law, 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 along arterial or collector streets.

(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)

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)

Multiple Frontage Properties

(1)

On corner or through lots, additional signage is permittable for the secondary frontage under the same regulatory provisions that govern the primary frontage. Sign area allowed shall be based on the following:

Table 14.1: 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.

(E)

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 must 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 is the preferred material for construction of the base and framework for monument signs.

(F)

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

(Ord. No. 1527, § 4, 12-5-11; Ord. No. 1541, § 3, 5-21-12 ; Ord. No. 1584 , § 5, 6-2-14; Ord. No. 1647 , § 8, 2-20-17; Ord. No. 1677 , § 7, 11-5-18)

(A)

Single Tenant Property

(1)

Freestanding Signs

(a)

One (1) freestanding sign per parcel for the primary frontage is permittable and shall comply with the following standards:

Table 14.2: Single Tenant Property Freestanding Sign Standards

(2)

Wall Signs Wall signs shall be allowed and comply with the following standards:

Table 14.3: Single Tenant Property Wall Sign Standards

(B)

Shopping Centers

(1)

Free Standing Signs One (1) freestanding sign per parcel for the primary frontage is permittable and shall comply with the following standards:

Table 14.4: Shopping Center Freestanding Sign Standards

(a)

The burden of responsibility to provide space on the freestanding sign for each occupancy of the shopping center shall remain with the owner of the shopping center.

(2)

Wall Signs Individual occupancies in shopping centers may be permitted a maximum wall sign area of two (2) square feet for each building unit front foot not to exceed two hundred (200) square feet. Front feet shall be measured along the entrance side of individual stores.

(a)

In the case of corner occupancies, one (1) additional wall sign may be allowed only where the same or similar facade treatments are used on both the front and side facades, to a maximum wall sign area of two (2) square feet for side facade foot not to exceed two hundred (200) square feet.

(C)

Industrial Parks

(1)

Park Entrance Sign One (1) freestanding sign shall be allowed for each public right-of-way entrance and shall comply with the following standards:

Table 14.5: Industrial Park Entrance Sign Standards

(2)

Individual Premises

(a)

Freestanding Sign One (1) freestanding sign is permittable and shall comply with the following standards:

Table 14.6: Industrial Park Individual Freestanding Sign Standards

(b)

Wall Signs Individual occupancies within a building may be permitted a maximum wall sign area of two (2) square feet per building unit front foot, not to exceed two hundred (200) square feet. Front feet shall be measured along the entrance side of individual units.

(D)

Office Parks

(1)

Park Entrance Sign One (1) freestanding sign is permittable for each public right-of-way entrance and shall comply with the following standards:

Table 14.7. Office Park Entrance Sign Standards

(2)

Individual Premises

(a)

Freestanding Sign One (1) freestanding sign shall be allowed and comply with the following standards:

Table 14.8: Office Park Individual Freestanding Sign Standards

(b)

Wall Signs Individual occupancies of a building may be permitted a maximum wall sign area of one (1) square foot per building unit front foot, not to exceed one hundred (100) square feet. Front feet shall be measured along the entrance side of individual units.

(E)

Residential

(1)

Multi-Family

(a)

Freestanding Sign One (1) freestanding sign per premises for the primary frontage is permittable and shall comply with the following standards:

Table 14.9: Multi-Family Freestanding Sign Standards

(b)

Wall Signs Wall signage per premises shall be allowed and comply with the following standards:

(i)

Twelve (12) units or less: Sixteen (16) square feet

(ii)

Thirteen (13) units or more: Thirty-two (32) square feet

(2)

Special Exception Uses

(a)

Freestanding Sign One (1) freestanding sign per premises for the primary frontage is permittable and shall comply with the following standards:

Table 14.10: Special Exception Use Freestanding Sign Standards

(b)

Wall Signs Individual occupancies of a building may be permitted a maximum wall sign area of one (1) square foot per building unit front foot, not to exceed sixteen (16) square feet. Front feet shall be measured along the entrance side of individual units.

(3)

Subdivision Sign

(a)

Homeowners' Association Requirement A subdivision obtaining a sign permit is eligible for a primary entrance sign and an internal entrance sign and must be subject to a homeowners' association or similar entity which shall be responsible for maintenance of any sign(s) constructed on the permitted premises. The sign(s) shall be located on private or commonly-owned property or private property located within the subdivision.

(b)

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

(i)

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

(ii)

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

(iii)

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

(c)

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

(i)

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

(ii)

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

(iii)

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)

Homeowners' Association Permanent Signs A homeowners' association may be permitted to install, within a common area or an area in which an 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.

Table 14.11: Homeowners' Association Permanent Freestanding Sign Standards

(F)

Directional Signs Directional signs are permittable and shall comply with the following standards:

Table 14.12: Directional Sign Standards

(G)

Changeable Copy Signs

(1)

A maximum of twenty (20) percent of the total permitted sign area of a freestanding sign may be used for a changeable copy sign.

(2)

Changeable electronic variable message signs may be used as a changeable copy sign.

(3)

Changeable electronic variable message signs shall not be permitted as temporary signs.

(4)

Changeable electronic variable message signs shall not be permitted in a manner which is configured such that the sign face faces property which is used for a residential purpose.

(5)

Each message on a changeable electronic variable message sign shall be limited to one (1) color on a black background and displayed for at least four (4) seconds.

(6)

Each changeable electronic variable message sign shall include an automatic dimmer control mechanism in order to produce distinct illumination change from a higher illumination level to a lower level meeting the below illumination standards for the time period between one-half (½) hour before sunset and one-half (½) hour after sunrise.

(7)

The owner of a changeable electronic variable message sign shall provide on the sign contact information for a person who is available to be contacted at any time and who is able to turn off the changeable electronic variable message sign promptly after a malfunction occurs or as required for public safety purposes. The contact information must be legible from the ground.

(8)

If the City determines that a changeable electronic variable message has malfunctioned or constitutes a danger to public safety, the owner of the sign shall, within twelve (12) hours of a request by the City, correct the circumstance or power off the sign.

(9)

The City's lighting standards prohibiting light spillover and glare shall be applicable to changeable electronic variable message signs.

(H)

Awning and Marquee Signs (in Addition to Authorized Wall Sign(s))

(1)

Awning and marquee signs are permittable and shall comply with the following standards:

Table 14.13: Awning and Marquee Sign Standards

(2)

Awning and marquee signs may only be located on the first floor of a structure.

(I)

Hanging Signs (in Addition to Authorized Wall Sign(s))

(1)

Hanging signs are permittable and shall comply with the following standards:

Table 14.14: Hanging Sign Standards

(2)

Hanging signs may only be located on the first floor of a structure.

(J)

Projecting Signs (in Addition to Authorized Wall Sign(s))

(1)

Projecting signs are permittable and shall comply with the following standards:

Table 14.15: Projecting Sign Standards

(2)

Projecting signs may only be located on the first floor of a structure.

(K)

Canopy signs are permitted and shall comply with the following standards:

Table 14.16: Canopy Sign Standards

(Ord. No. 1527, § 4, 12-5-11; Ord. No. 1541, § 3, 5-21-12 ; Ord. No. 1548, § 2, 9-17-12 ; Ord. No. 1584 , § 4, 6-2-14; Ord. No. 1612 , § 2, 2-2-15)

Only one (1) temporary sign shall be allowed at one time within this section.

(A)

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 14.17: New Occupancy, New Use Temporary Sign Standards

(4)

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

(B)

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

(1)

Permit Required: A permit must be obtained prior to locating, erecting or displaying any attention-getting device.

(2)

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.

(3)

Attention-getting devices shall comply with the following standards:

Table 14.18: Attention-Getting Device Standards

(4)

The maximum height of any attention-getting device shall be measured from grade to the highest point of the device.

(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.

(C)

Special Events Special event permit required. All special events must be permitted in accordance with the requirements of Subsection 3.4(I) of this LDC and other controlling law. The issuance of a special event permit does not exempt such signs from obtaining a permit under this article.

(1)

Non Profit and Public Agency Special Events.

(a)

Temporary signs for non-profit and public agency special events are permittable and shall comply with the following standards:

(i)

The applicant and organizer for the special event shall be the same entity and shall be a public agency or a non-profit organization.

(ii)

Such signs shall be allowed for a period not to exceed in the aggregate a total of six (6) weeks.

(iii)

Such signs shall not be illuminated.

(iv)

Freestanding or wall signs shall not exceed thirty-two (32) square feet each in area unless a greater square footage is approved by City Council based upon a public necessity such as the need for enhanced traffic circulation or traffic direction.

Table 14.19: Non Profit and Public Agency Special Events Freestanding Sign Standards

(v)

Signs of six (6) square feet or less in area will be allowed without issuance of a permit, provided the special event is permitted under the requirements of this section.

(vi)

Temporary signs for non-profit and public agency special events that will be displayed for no more than two (2) days with a maximum area of thirty-two (32) square feet will be allowed without issuance of a permit. However, the special event must have a permit as required by the section.

(2)

For Profit Special Events

(a)

For profit special events signs shall be allowed for the duration approved in the special event permit.

(b)

One (1) Freestanding and/or one (1) wall sign will be allowed and shall not exceed thirty-two (32) square feet each in area for each lot frontage unless a greater square footage is approved by City Council based upon a public necessity such as the need for enhanced traffic circulation or traffic direction.

Table 14.20: For Profit Special Events Freestanding Sign Standards

(c)

Signs must be placed on-site.

(d)

Such signs shall not be illuminated.

(3)

Such signs shall otherwise comply with the provisions of this article.

(D)

Temporary Sales Events

(1)

Prohibitions Signs attached to an existing sign, utility pole, tree, or vehicle.

(2)

Single-Tenant Property

(a)

Freestanding Signs

(i)

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 on each street frontage for a maximum of seventeen (17) consecutive days one (1) time per calendar quarter.

(ii)

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

Table 14.21: Single-Tenant Property—Temporary Freestanding Sign Standards

(iii)

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.

(iv)

A temporary sign permit shall be required for each seventeen-day period, and each seventeen-day period shall not be consecutive to each other.

(b)

Wall Signs

(i)

A bona fide tenant may install one (1) wall sign 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) wall sign on each street frontage for a maximum of seventeen (17) consecutive days one (1) time per calendar quarter.

(ii)

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

(iii)

A temporary sign permit shall be required for each seventeen-day period, and each seventeen-day period shall not be consecutive to each other.

(iv)

Signs shall not interfere with access, ingress, egress to and from building.

(3)

Multiple-Tenant Property

(a)

Freestanding Signs

(i)

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

(ii)

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

Table 14.22: Multiple Tenant Property Temporary Freestanding Sign Standards

(iii)

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.

(iv)

A temporary sign permit shall be required for each seventeen-day period, and each seventeen-day period shall not be consecutive to each other.

(b)

Wall Signs

(i)

Each tenant may install one (1) wall sign for a maximum of seventeen (17) consecutive days one (1) time per calendar quarter. In the case of corner occupancies, one (1) additional wall sign may be allowed only where the same or similar facade treatments are used on both the front and side facades. If a unit'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.

(ii)

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

(iii)

A temporary sign permit shall be required for each seventeen-day period, and each seventeen-day period shall not be consecutive to each other.

(iv)

The sign shall not interfere with access, ingress, egress to and from building.

(Ord. No. 1527, § 4, 12-5-11; Ord. No. 1541, § 3, 5-21-12 ; Ord. No. 1584 , § 5, 6-2-14)

(A)

Residential Events Signage for residential open houses, garage sales, yard sales, estate sales, and other 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)

A temporary sign permit shall be required for each residential event and each seventeen-day period. 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)

A maximum of three (3) off-site directional signs may be placed on a single property during any seventeen-day period.

(5)

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.

(6)

A City-issued sticker depicting, at a minimum, the permit number and expiration date will be affixed to each permitted sign.

(a)

On-site and off-site directional signs shall comply with the following standards:

Table 14.23: Residential Event Temporary On-Site and Off-Site Directional Sign Standards

(b)

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

(B)

Homeowners' Association Events Signage for homeowners' association garage sales, yard sales, and other 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 within property owned by the association, a common area or an area which is subject to the jurisdiction of the association.

(2)

A temporary sign permit shall be required for each homeowners' association event and each seventeen-day period. Each seventeen-day period shall not be consecutive to each other.

(3)

A temporary sign permit shall authorize the installation of the following temporary signs:

Table 14.24: Homeowners' Association Event Temporary Signs

(4)

A City-issued sticker depicting, at a minimum, the permit number and expiration date will be affixed to each permitted sign.

(C)

Homeowners' Association Notice Signs

(1)

A homeowners' association may install or place within a common area or an area in which an entrance sign is located, without issuance of a permit, signs for the purposes of providing notices as required under the provisions of F.S. Ch. 720 and otherwise informing residents of the subdivision with regard to the operations, programs or projects of the homeowners' association and shall comply with the following standards:

Table 14.25: Homeowners' Association Notice Signs

(2)

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.

(3)

A City-issued sticker depicting at a minimum the permit number and expiration date shall be affixed to each sign requiring a permit.

(4)

The City may place conditions upon permits which address impacts or unique conditions or circumstances relating to the signage.

(D)

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 the following standards:

Table 14.26: 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 permitted under the LDC.

(2)

Subdivisions

(a)

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

Table 14.27: 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 permitted under the LDC.

(E)

Campaign Signs/Free Speech Signs

(1)

All campaign signs shall be located on private property and shall not be located on public property or the public right-of-way; provided, however, notwithstanding the provision of Subsection 14.3(B)(4), that persons supporting candidates or issues may carry and display signs on public sidewalks consistent with the public safety.

(2)

All campaign signs shall be removed within ten (10) days after the election has been decided.

(3)

The erection and removal of all campaign signs shall be the joint responsibility of the owner of the property upon which the sign is placed, or the owner of such sign, and the candidate for whom such sign was placed.

(4)

Campaign signs shall comply with the following standards:

Table 14.28: Campaign Sign Free Speech Signs Standards

(5)

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.

(6)

The standards for campaign signs shall apply to free speech signs; provided, however, that free speech signs shall not be subject to any time limitations.

(F)

Construction Signs

(1)

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

Table 14.29: Construction Sign Standards

(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 permitted under the 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 an application 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 permitted under the LDC.

(G)

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 14.30: "A-frame" Sign Standards

(Ord. No. 1584 , § 5, 6-2-14)

(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 article.

(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.

(4)

The "cost" of renovation or repair or replacement shall mean the total cost of all such intended work, and no person may seek to avoid the intent of Subsection 14.9(C)(1) or (2) by doing such work incrementally.

(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 in contravention of the requirements of this article will not create any vested rights.

(Ord. No. 1527, § 4, 12-5-11; Ord. No. 1541, § 3, 5-21-12 ; Ord. No. 1584 , § 5, 6-2-14)

Editor's note— Ord. No. 1548, § 5, adopted June 2, 2014, renumbered §§ 14.9—14.12 as 14.10—14.13.

Nothing contained in this LDC shall be construed to prohibit the placement or construction of bus benches or bus shelters in connection with public transportation and from the painting or attachment of signs thereto.

(Ord. No. 1527, § 4, 12-5-11; Ord. No. 1541, § 3, 5-21-12 ; Ord. No. 1584 , § 5, 6-2-14)

Editor's note— See § 14.10 editor's note.

(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.

(Ord. No. 1527, § 4, 12-5-11; Ord. No. 1541, § 3, 5-21-12 ; Ord. No. 1584 , § 5, 6-2-14)

Editor's note— See § 14.10 editor's note.

(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.

(Ord. No. 1527, § 4, 12-5-11; Ord. No. 1541, § 3, 5-21-12 ; Ord. No. 1584 , § 5, 6-2-14)

Editor's note— See § 14.10 editor's note.