The intent of this article is to outline provisions for signage, building standards, certificate of appropriateness, historic resource designation, and the historic preservation commission.

(Ord. No. 789, art. VII, § 1.01, 8-11-92; Ord. No. 933, § 1, 9-25-01)

The central business district of the city is the nine-block district bordering the courthouse square. This is part of the historic district that is on the National Register of Historic Places. A legal description and a map of the historic district are included as attachment A to Ordinance No. 789, and are available for inspection at the offices of the city.

(Ord. No. 789, art. VII, § 1.02, 8-11-92)

(a)

Modular homes will not be allowed in the historic district.

(b)

Developments that will affect any historical or archeological resources will be required to mitigate any potential damage or work by recording site characteristics, by means such as measured drawings of structures, with the department of state, division of historical resources. The city shall also develop a listing of sites and structures that have local historic significance.

(Ord. No. 789, art. VII, § 1.03, 8-11-92)

Nothing in this article shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature which does not involve a change in design, material, color or the outward appearance thereof, or to prevent the construction, reconstruction, alteration or demolition of such feature which the city building official shall certify is required by the public safety because of an unsafe or dangerous condition. The powers granted in this article shall in no case be exercised by the building official or historic preservation commission so as to impose upon any property owner any particular or undue hardship, nor shall such powers be exercised so as to prevent the removal or demolition of any structure which cannot be economically maintained or restored, giving due consideration to all potential uses to which the structure might reasonably be put upon restoration by a private property owner. Nevertheless, when in the determination of the commission any alteration or demolition involves the potential loss of irreplaceable historic or architectural fabric, the commission will at least have the authority to review the proposals to determine if there are any alternative solutions.

(Ord. No. 789, art. VII, § 4.03, 8-11-92)

(a)

Permit.

(1)

A permit is required for all signs proposed to be placed, installed, constructed, erected, altered, repaired or relocated in the historic district. Signs outside the central business district are required to be reviewed following the procedure in section 46-43, and shall meet the design standards set forth in article VII, division 5, of this chapter. Proposed signage within the central business district shall meet the requirements set forth in this article.

(2)

An application shall be submitted and shall consist of a drawing of the sign showing at least colors, size, height of letters, letter type, mounting specifications and proposed location of the sign on the building. The drawing shall be considered part of the application. The appropriateness of the sign design shall be reviewed by a committee consisting of the building official of the city, the Main Street design committee chairman and another member appointed by the chairman of the historic commission. Based on the majority opinion of this committee, the building official shall issue or deny a sign permit within ten days following the day of the application. If the application for permit is denied, the building official will state the reasons in writing and present these written reasons to the applicant within ten calendar days of the disapproval.

(b)

Exceptions. Nothing in this article shall be construed to prevent the ordinary maintenance or repair of any sign which does not involve a change in design, material, color or the outward appearance thereof, or to prevent the construction, reconstruction, alteration or demolition of such feature which the city building official shall certify is required by the public safety because of an unsafe or dangerous condition.

(c)

Appeals.

(1)

Any applicant, or any owner, lessee or tenant of property within the historic district, who is aggrieved by a determination of the committee may have such determination reviewed by the full historic preservation commission if a request for such review is made within 30 days from and after such determination.

(2)

Any applicant, or any owner, lessee or tenant of property within the historic district, who is aggrieved by a determination of the full historic preservation commission may, within 30 days after such determination, file notice to the effect that such person desires to appeal such determination to the city commission. At the time of filing such appeal, the appellant shall pay to the building official a reasonable sum of money as security for the costs of publishing the notice as provided in this section. Upon the filing of such notice, the building official shall set such appeal for hearing before the city commission at its next regular meeting which is more than seven days from and after the filing of such notice, but in no event later than 30 days thereafter, and shall give notice of such hearing and the time, date and place thereof by publishing such notice in a newspaper of general circulation in the area not less than seven days prior to such hearing.

(3)

Upon the hearing of such appeal, the city commission shall consider all evidence and arguments which may be offered on the issue, and shall then either affirm or reject, wholly or in part, the determination that is the subject of appeal.

(4)

Any person or persons jointly or severally aggrieved by any decision of the city commission, or any taxpayer, or any officer, department or board of the governing body of the city, may present to the circuit court in and for the county a petition, duly verified, setting forth that such decision is illegal in whole or in part, and specifying the grounds of the illegality. Such petition shall be presented to the court within 30 days after the filing of the decision of the city commission.

(Ord. No. 789, art. VII, § 2, 8-11-92)

Building standards for the central business district are as follows:

(1)

Residential. For residential building standards, see the appropriate zoning district under article III, table 1.

(2)

Commercial. The following outline commercial building standards:

a.

Minimum site area: None.

b.

Building height: Four stories plus unique architectural details.

c.

Impervious surface: 100 percent.

d.

Minimum setback: None. Setbacks may be required because of the fire code. Building setbacks shall be measured from the overhang.

e.

Off-street parking: None.

(Ord. No. 789, art. VII, § 5, 8-11-92)

(a)

Any applicant under this article, or any owner, lessee or tenant of property within the historic district, who is aggrieved by a determination of the building official or the committee provided for in this division, may have such determination reviewed by the full historic preservation commission if a request for such review is made within 30 days from and after such determination.

(b)

The historic preservation commission will conduct an informal hearing and will hear a staff report from the staff followed by a presentation by the applicant, owner, lessee or tenant of the property within the historic district. The record of this proceeding will consist of the staff report and attachments, the testimony received and any additional exhibits submitted at the public hearing. Following the receipt of the staff report and the testimony, the historic preservation commission will render its decision.

(c)

If the applicant, owner, lessee or tenant of property within the historic district is not satisfied with the decision of the historic preservation commission, a formal hearing before the historic preservation commission may be requested within 15 days of the decision by the applicant, owner, lessee or tenant of property within the historic district.

(d)

The historic preservation commission will conduct the formal hearing and the parties will be given an opportunity to present testimony, under oath, and evidence, to cross-examine witnesses and to present proposed finding of facts in accordance with rules and procedure established pursuant to this section.

(e)

The city commission shall adopt the decision, adopt the decision with changes or direct staff to prepare a revised order. The city commission shall not change any finding of facts reached by the historic preservation commission unless after review of the entire record, the commission finds there is no competent substantial evidence to support the findings. The city commission may change the conclusions of law or interpretation of the code where it has found that the historic preservation did not apply the correct law.

(f)

Any applicant, or any owner, lessee or tenant of property within the historic district, who is aggrieved by a determination of the historic preservation commission may, within 30 days from and after such determination, file notice to the effect that such person desires to appeal such determination to the city commission. At the time of filing such appeal, the appellant shall pay to the building official a reasonable sum of money as security for the costs of publishing the notice as provided in this section. It shall be the obligation of the person appealing to pay all such costs. If there is a balance remaining of the deposit after the payment of such costs, the balance shall be returned to the person appealing. If there is a deficit after the payment of such costs, the costs shall be immediately due and payable from the person appealing. The filing of such notice shall have the effect of suspending any certificate of appropriateness so challenged pending determination of such appeal. Upon the filing of such notice, the building official shall set such appeal for hearing before the city commission at its next regular meeting which is more than seven days from and after the filing of such notice, but in no event later than 30 days thereafter, and shall give notice of such hearing and the time, date and place thereof by publishing such notice in a newspaper of general circulation in the area not less than seven days prior to such hearing.

(g)

Any person or persons jointly or severally aggrieved by any decision of the city commission, or any taxpayer, or any officer, department, board or bureau of the governing body of the city, may present to the circuit court in and for the county a petition, duly verified, setting forth that such decision is illegal in whole or in part, and specifying the grounds of the illegality. Such petition shall be presented to the court within 30 days after the filing of the decision of the city commission.

(Ord. No. 789, art. VII, § 4.04, 8-11-92; Ord. No. 908, §§ 1, 2, 7-11-2000)

(a)

The city uses specific guidelines to determine the appropriateness of future work or actions, including additions, alterations and demolitions, as they relate to the preservation, protection, restoration or rehabilitation of historic structures or sites within the historic district. These standards are enforced through the use of a certificate of appropriateness process for proposed work or action. These standards are applied in accordance with the contributory, noncontributory or incompatible nature of structures or historic open spaces within the district, with the degree or stringency of application relating to the contributory nature of each property or the lack thereof.

(b)

The March 1990 version of Standards for Rehabilitation for and Guidelines for Rehabilitating Historic Buildings, as published by the United States Department of Interior, included as attachment B to Ordinance No. 789, a copy of which is available for inspection at the offices of the city, shall be used as a guide to determine appropriateness for work or actions that come under the control of the historic preservation commission in the performance of its powers and duties. These standards shall be liberally interpreted with the understanding of economic need relative to reasonable use of a structure, while keeping in mind the intent of the commission to preserve, restore and protect historic structures in the district. These standards shall be applied in accordance with the contributory nature of individual structures and open spaces within the historic district. Contributory structures shall conform to the most stringent standards of appropriateness, with emphasis on preservation and restoration. Noncontributory structures that have their own historic or architectural merit should also be preserved, with restoration work as appropriate. Noncontributory structures that could feasibly contribute to the historic district, but have been subjected to unsympathetic alterations, should, if appropriate alterations are economically feasible, be restored to their original contributory form. The contributory nature of property in the historic district as shown on the map attached to Ordinance No. 789, marked "Exhibit B," which is made a part of this article by reference, was initially determined by the state division of historic resources. These determinations may from time to time be reconsidered by the commission and property redesignated as appropriate. An owner of property in the historic district may petition the commission for a reevaluation of the contributory nature of his property in the district at any time. Such restoration, however, is not mandatory. All work on structures and appurtenances, regardless of their contributory nature, shall be done in a manner that does not detract from the historical or architectural character of the historic district. In particular, unusual architectural styles and colors shall not be allowed.

(c)

A certificate of appropriateness shall be obtained from the historic commission through the city building official for any general proposal which affects the exterior form or color of any designated historic site or any building, structure or site within the historic district, whether such activity is initiated by the property owner, the tenant of the property, or any other person owning, leasing, renting or inhabiting the property. No other permit shall be granted for any building or other similar purpose in the district until a certificate of appropriateness has been issued.

(Ord. No. 789, art. VII, § 4.01, 8-11-92)

(a)

Applications for certificates of appropriateness may be obtained from the building official. All plans, elevations, colors, materials, textures, landscaping and such other information deemed necessary by the commission to determine appropriateness shall be available to the building inspector. The owner of the property under concern shall certify in writing as to the cost of the work to be performed. Such certification shall be accompanied by estimated materials cost lists or contractor cost estimates.

(b)

A property owner may request a preapplication conference with the historic preservation commission to obtain information and guidance. The historic preservation commission may designate subcommittees of at least one member of the commission to hold a preapplication conferences with potential applicants. The purpose of such conference will be to discuss and clarify preservation objectives and guidelines. However, in no case will any statement or presentation made by the historic preservation commission member prior to the official review of an application be binding upon the historic preservation commission.

(c)

The process of review depends upon the aggregate value of the proposed work. The following guidelines set forth the requirements:

(1)

For work the aggregate value of which is less than $500.00 and which does not materially affect the exterior form or color of the property, no certificate of appropriateness shall be required.

(2)

For work the aggregate value which is less than $500.00 and which affects the exterior of the property, and for work the aggregate value of which is equal to or exceeds $500.00 but does not exceed $5,000.00 which affects the exterior form or color of the property, the appropriateness of the work to be performed shall be determined by the building official of the city with the approval of the chairman or vice-chairman and one member of the commission. Based on the majority opinion of this committee, the building official shall issue or deny a certificate of appropriateness within ten days following the day of the application.

(3)

For work the aggregate value of which is in excess of $5,000.00, the appropriateness of the work shall be determined by the full historic preservation commission. An application for a certificate of appropriateness must be filed with the building official no later than ten days prior to any regularly scheduled meeting of the commission at which the application is to be heard. No application will be accepted by the commission unless it contains all required and pertinent information. At the hearing upon such application, the commission shall consider all arguments and review all evidence that may be offered in support of and against such application, and shall thereupon determine either that the subject of the application is or is not appropriate within the meaning of this article. Nothing in this section will prohibit the continuation of a hearing on an application for a certificate of appropriateness.

(d)

The historic preservation commission shall act upon the application within ten days of its meeting, and may approve, modify or deny the application. If approved, a certificate will be issued. Construction for which a certificate is issued shall commence within 180 days from the date of issuance. If disapproved, a certificate shall not be issued. The historic preservation commission shall state its reasons in writing and present them to the applicant within ten calendar days of the disapproval.

(Ord. No. 789, art. VII, § 4.02, 8-11-92)

(a)

Established. City of Quincy List of Designated Historic Resources is hereby established as a means of identifying and classifying various trees, landmarks, buildings, structures and districts as historic. These shall referred to as sites. Sites listed on the National Register of Historic Places as of the date of the enactment of this section, as well as those sites included within the Quincy Historic District, as defined by section 46-582, shall also be listed in the City of Quincy List of Designated Historic Resources.

(b)

Criteria. To qualify as a designated historic site or historic district, individual properties, structures, sites and buildings, or groups of properties, structures, sites and buildings, the proposed site or district shall meet one or more of the following criteria:

(1)

Is associated in a significant way with the life or activities of a major person important to a city, county, state or national history;

(2)

Is associated with a historic event with significant effect upon the city, county, state or nation;

(3)

Is associated in a significant way with a major event whether cultural, economic, military or political;

(4)

Exemplifies the historic, political, cultural or economic trends of the community history;

(5)

Is associated in a significant way with a past or continuing institution which has contributed to the life of the city;

(6)

Portrays the environment in an era of history characterized by one or more distinctive architectural styles;

(7)

Embodies those distinguishing characteristics of an architectural style, period or method of construction;

(8)

Is a historic or outstanding work of a prominent architect, designer, landscape architect, or builder; and/or

(9)

Contains elements of design, detail, material, or craftsmanship of outstanding quality or which represents, in its time, a significant innovation or adaptation to the north Florida environment.

A building, structure, site, or district will be deemed to have historic significance if, in addition to, or in place of previously mentioned criteria, the building, structure, site or district meets the historic development standards as defined by and listed in the regulations of and criteria for the National Register of Historic Places.

(c)

Application for historic site or historic district designation.

(1)

Applications for historic site or district status for privately owned property may be initiated by the city, the historic preservation commission or the property owner of the site. Applications for historic site or district status for public property may be initiated by any resident of the city.

(2)

Upon receipt of an application, city staff shall conduct a preliminary evaluation of the application to determine whether or not staff has sufficient information to process the application. City staff shall make the determination that an application is sufficient within 30 working days of receipt of an application. If the application is not sufficient to process, city staff shall specify what additional information is necessary.

(3)

When the application is sufficient, city staff shall prepare a designation report for consideration by the commission which shall contain the following information:

a.

Proposed legal boundaries of the historic site or historic district;

b.

An analysis of the historic significance of the nominated property;

c.

Any proposed specific land development regulations; and

d.

Any conditions beyond the standards contained in the land development regulations or conditions based on the development standards for historic districts and sites.

(4)

City staff shall, by certified mail at least ten calendar days prior to the public hearing, mail a copy of a notice of the public hearing to the property owner(s) of the record as determined by the most current Gadsden County tax rolls then available. Refusal to accept this notice of public hearing shall not invalidate the hearing. Notice shall also be provided by publishing a copy thereof in a newspaper of general circulation within the city at least 15 calendar days prior to the date of the hearing.

(5)

The historic preservation commission shall conduct a public hearing at which the applicant and members of the public may be heard. On the basis of the hearing, the commission shall make a specific recommendation to the city commission to approve, approve with amendments, or deny the application for nomination to the City of Quincy List of Designated Historic Resources.

(6)

Before making a decision on the nomination, the city commission shall review the historic preservation commission recommendation, the city staff designation report, and conduct a formal public hearing.

(7)

If the city commission approves the nomination of a historic site or a historic district, said site or district shall be listed on the City of Quincy List of Designated Historic Resources. The City of Quincy List of Designated Historic Resources shall be maintained by the city clerk.

(8)

The city shall issue an official certificate of historic significance to the owner of properties listed individually on the City of Quincy List of Designated Historic Resources or judged as contributing to the character of a historic district listed on the City of Quincy List of Designated Historic Resources.

(Ord. No. 933, § 3, 9-25-01)

There is hereby created an historic preservation commission, to be known as and called the Historic Preservation Commission of the City of Quincy.

(Ord. No. 789, art. VII, § 6(A), 8-11-92)

The historic preservation commission shall be composed of at least five but no more than seven members appointed by the city commission as provided in this subdivision. At least a majority of the members of the commission shall be owners of property located within the historic district as designated. At least one member shall be a representative from the Gadsden Historical Society, Inc. At least one member shall be an architect if such an individual is reasonably available to serve. At least one member shall have knowledge of the legal requirements relating to the promulgation and enforcement of standards or guidelines in the nature of the certificate of appropriateness as provided for in this article if such an individual is reasonably available to serve. However, any one person may qualify or meet more than one of the criteria set out in this section. Moreover, encouragement shall be given to membership on the commission by owners, operators, managers, agents or employees of businesses located within the historic district. Further, membership on the commission shall also be as representative as possible of all of the different economic, occupational, ethnic and aesthetic elements whose interests may be affected by or involved in the designation and regulation of the historic district. In addition to the members otherwise provided for in this section, the city planner or other similarly titled official or employee of the city shall also be an ex officio but nonvoting member of the commission, and shall attend all regular meetings of the commission. Further, the Main Street manager for the city shall also be an ex officio but nonvoting member of the commission, and shall attend all meetings of the commission when requested to do so.

(Ord. No. 789, art. VII, § 6(B), 8-11-92)

(a)

Of the five to seven members of the historic preservation commission first appointed, two or three shall be appointed for terms of two years and one or two for terms of one year, depending upon the total number of members appointed. Thereafter, all appointments shall be for terms of three years.

(b)

Any member may be removed by the city commission for failure to attend meetings as provided in this section, or for inattention to duties, malfeasance, neglect of duty, drunkenness, incompetence, permanent inability to perform official duties, or commission of a felony, or upon the written, signed request of any four members. Failure of any member to attend three consecutive regular meetings of the commission without being excused by the commission shall automatically be forfeiture of the office by that member.

(Ord. No. 789, art. VII, § 6(C), 8-11-92)

(a)

Officers. At its organizational meeting and thereafter each year, the historic preservation commission shall elect from its own membership a chairman, a vice-chairman and a secretary, who shall have and perform such duties as are commonly associated with their respective titles and as may be assigned to them from time to time under rules and regulations adopted by the commission. Officers may be elected and such committees appointed as the commission may deem necessary in order to carry out its functions. Terms of office shall be for one year, with eligibility for reelection.

(b)

Meetings. The commission shall meet at regular intervals, at such times and places to be determined by the commission, but regular meetings shall be held not less than quarterly. Special meetings may be called by the city commission or by the chairman of the historic preservation commission, or in his absence by the vice-chairman of the historic preservation commission. All such requests shall state the purpose for which the special meeting is to be called, and shall be filed in accordance with rules to be adopted by the commission, at least 24 hours before the time of the special meeting so called and authorized. Such requests and call for a special meeting shall be read at the meeting and entered into the minutes, and no business shall be transacted except that stated in the request or call for such special meeting. A majority of the members of the commission shall constitute a quorum, and an affirmative vote of a majority is required for the passage, enactment or transaction of any official business of the commission.

(c)

Rules of procedure. The commission shall adopt rules or bylaws for the transaction of its business, which rules or bylaws shall set forth the procedures, rules and regulations necessary for the commission to conduct its business. The commission shall keep a properly indexed record of its resolutions, transactions, findings and determinations, which shall be a public record.

(Ord. No. 789, art. VII, § 6(D), 8-11-92)

The general powers, duties and responsibilities of the historic preservation commission shall include but not be limited to the following:

(1)

To review the appropriateness of work or actions, including additions, alterations and demolitions, as the work or actions may relate to the preservation, protection, restoration or rehabilitation of historic structures or sites within the historic district. Such review shall be prepared with an understanding of certificates of appropriateness being required for any such proposed work or action.

(2)

To review, reconsider and redesignate, where appropriate, the contributory nature of all properties within the historic district, as initially determined by the state division of archives, history and records management. Such reevaluations of the contributory nature of these properties shall specifically be for the purpose of the regulation by certificate of appropriateness. The owner of each property shall be consulted, if such owner desires, with respect to such designation.

(3)

To begin to work immediately with such consultants, architects or planners as the city commission may hire or contract with as a result of matching governmental grants or otherwise, to perform services in connection with the historic district, so as to help accomplish the purposes of this article, with particular reference to the development of the standards or guidelines and the redesignations referred to in subsection (2) of this section, and help coordinate and complement the services of such professionals in any manner which may be in the best interests of the city.

(4)

To provide a vehicle whereby those property owners and others who will most directly benefit from any results of the development of the historic district will be consulted and involved at the local government level, and to prepare information and materials for the purpose of assisting people and property owners in conforming to the intent of this article.

(5)

To maintain a list of all designated historic resources within the city's boundaries, irrespective of whether such determination was made by the county, state, or federal authorities. This list shall be known as the "City of Quincy List of Designated Historic Resources". For the purposes of this division, the designation of properties on the city's list of designated historic resources shall supersede conflicting determinations by other agencies, authorities, or individual professional opinion.

(Ord. No. 789, art. VII, § 6(E), 8-11-92; Ord. No. 933, § 2, 9-25-01)

Cross reference— Historic resource designation procedures, § 46-604.

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abandoned sign means any sign existing for at least 30 days promoting a business or business product after the business has vacated the building or property.

Awning or canopy sign means any sign applied to or on an awning or canopy.

Billboard sign means any sign, framework or portion of a building installed for the purpose of advertising merchandise, services or entertainment sold, produced, manufactured or furnished at a site other than the location of the business.

Building sign means a sign displayed upon, attached to or applied to any part of the exterior of a building.

Central business district means those certain nine blocks bounded on the north by Franklin Street, on the east by Duval Street, on the south by Crawford Street, and on the west by Munroe Street, in the city.

Commercially developed parcel means a parcel of property on which there is at least one walled and roofed structure used or designed to be used for other than residential or agricultural purposes.

Copy means the linguistic or graphic content of a sign.

Damaged or deteriorating sign means any sign that has had its color or graphics significantly damaged so as to change the original look of the sign, or that is determined to be unsafe in the opinion of the building official.

Directory means a rectangular board or tablet placed on the entrance wall of a building listing the room or floor number of the occupants and businesses.

Freestanding or yard sign means any sign not attached to a building, but that is freestanding.

Frontage means the length of the property line of any parcel along a street on which it borders.

Hanging sign means any sign suspended from a building or a framework attached to a building.

Illuminated sign means a sign which contains a source of light or which is designed or arranged to reflect light from an artificial source, including indirect lighting, neon, incandescent lights or backlighting, and shall also include signs with reflectors that depend upon automobile headlights for an image.

Marquee means a structure projecting from and supported by a building which extends beyond the building line or property line and fully or partially covers a sidewalk, public entrance or other pedestrian way.

Multiple-occupancy complex means a commercial use, i.e., any use other than residential or agricultural, consisting of a parcel of property, or parcel of contiguous properties, existing as a unified or coordinated project, with a building housing more than one occupant.

Mural sign means a picture made an integral part of a wall surface.

Nonconforming sign means any sign in existence on the date of passage of the ordinance from which this article is derived which violates any provisions contained in this article.

Occupant and occupancy mean a person using a property (a commercial use, i.e., any use other than residential or agricultural).

Parcel means a unit of land within legally established property lines. If, however, the property lines are such as to defeat the purposes of this chapter or lead to absurd results, a parcel may be designated for a particular site by the administrator.

Permanent means designed, constructed and intended for more than shortterm use.

Portable sign means any sign which is manifestly designed to be transported by trailer or on its own wheels, including such signs even though the wheels may be removed and the remaining chassis or support structure converted to an A-frame or T-frame sign and attached temporarily or permanently to the ground.

Rear of building means that side of the building that is opposite the main store frontage and is on a paved alley or street and contains a public entrance.

Roof sign means a sign placed above the roofline of a building or on or against a roof slope of less than 45 degrees.

Roofline means a horizontal line intersecting the highest point of a roof.

Sign means any writing, pictorial presentation, number, illustration or decoration, flag, banner or pennant, or other device which is used to announce, direct attention to, identify, advertise or otherwise make anything known. The term "sign" shall not be deemed to include the term "building" or "landscaping," or any architectural embellishment of a building not intended to communicate information.

Sign face means the part of a sign that is or may be used for copy.

Sign structure means any construction used or designed to support a sign.

Snipe sign means any sign of any size, made of any materials, including paper, cardboard, wood or metal, when such sign is tacked, nailed, posted, pasted, glued or otherwise attached to trees, poles, fences or other objects and the advertising matter appearing thereon is not applicable to the premises upon which the sign is located.

Storefront means that side of a building on street frontage which contains a primary public entrance.

Street means a public or private right-of-way for vehicular traffic, including highways, thoroughfares, lanes, roads, ways and boulevards.

Temporary sign means any sign used for a shortterm condition such as a clearance sale, going out of business sale or the like. Temporary signs shall follow all guidelines for permanent signs, with the exception of color, and will be displayed for no more than four weeks.

Unit means that part of a multiple-occupancy complex housing one occupant.

Valence means that part of an awning that is stitched or attached to the body of the awning which hangs parallel to the building.

Window or door sign means any sign installed so as to be of a permanent nature in or on the window or door of any building, visible from any public right-of-way.

(Ord. No. 789, art. VII, § 3.05, 8-11-92)

Cross reference— Definitions and rules of construction generally, § 1-2.

The general purpose and intent of this division is to:

(1)

Preserve the historic character.

(2)

Prevent the excessive and uncoordinated use of signs.

(3)

Make sure that signs are correctly located.

(4)

Ensure a correct proportion between sign size and building size.

(5)

Safeguard against undesirable practices in sign construction.

(6)

Ensure the aesthetic quality of signs.

(7)

Regulate the proper use of temporary signs.

(Ord. No. 789, art. VII, § 3.01, 8-11-92)

This division is intended to complement the requirements of the building and electrical codes adopted by the city. Wherever there is inconsistency between this division and the building or electrical code, the more stringent requirement shall apply.

(Ord. No. 789, art. VII, § 3.02, 8-11-92)

Compliance with the requirements of this division shall not constitute a defense to an action brought to abate a nuisance under the common law.

(Ord. No. 789, art. VII, § 3.03, 8-11-92)

(a)

Any sign that does not meet the guidelines of this division but is deemed historically significant by the city historical preservation commission shall be exempt from the guidelines. Historically significant signs will be given careful consideration with respect to their design and color as they relate to building components and adjacent building signs.

(b)

The following signs are exempt from this division, and from the requirement in this chapter that a permit be obtained for the erection of permanent signs, provided they are not placed or constructed so as to create a hazard of any kind:

(1)

Signs that are not designed or located so as to be visible from any street or adjoining property.

(2)

Signs necessary to promote health, safety and welfare, and other regulatory, statutory, traffic control or directional signs erected on public property with permission as appropriate from the state, the United States, the city and the county.

(3)

Legal notices and official instruments.

(4)

Decorative flags and bunting for a public event or commemoration of significance when placed or authorized to be placed by the city commission for a prescribed period of time.

(5)

Holiday lights and decorations.

(6)

Merchandise displays behind storefront windows, so long as no part of the display moves in a manner creating a hazardous distraction to the public or contains flashing or blinking lights.

(7)

Memorial signs or tablets, names of buildings and dates of erection, when cut into any masonry surface or when constructed of incombustible materials and attached to the surface of a building.

(8)

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

(9)

Advertising and identifying signs located on taxicabs, buses, trailers, trucks or vehicle bumpers.

(10)

Public warning signs to indicate the danger of trespassing, swimming, animals or similar hazards.

(11)

Signs carried by a person.

(12)

Religious displays.

(13)

Billboard signs that are prohibited within the city limits, but where erected prior to the effective date of the ordinance from which this article is derived.

(14)

Signs constructed or placed by the city itself or with the city's consent or approval, such as signs for special events.

(15)

All valid state and local traffic and parking regulation signs.

(16)

One unlighted real estate sign located on the premises being advertised for sale or rent, provided that each such sign shall not exceed 32 square feet in sign surface area for commercial signs and four square feet in sign surface area for residential signs.

(Ord. No. 789, art. VII, § 3.06, 8-11-92)

(a)

All nonconforming signs as of the date of passage of the ordinance from which this article is derived may continue. Any nonconforming sign damaged or destroyed to the extent of 50 percent or more of its value shall be replaced in conformity with the provisions of this division.

(b)

If a nonconforming sign is removed or its use discontinued for a continuous period of more than 30 days, every future use shall be in conformity with the provisions of this division.

(c)

No nonconforming sign shall be enlarged or its use extended except in conformity with the provisions of this division. Any nonconforming sign destroyed or damaged significantly so as to change the original look of the sign shall be replaced in conformity with the provisions of this division.

(Ord. No. 789, art. VII, § 3.07, 8-11-92)

(a)

The owner of any abandoned, damaged or deteriorating sign, or the person maintaining such sign, or the owner of the property upon which such sign exists, shall, upon written notice from the city building official, repair, secure or remove the sign within ten days from the date the notice is sent.

(b)

If the sign is not repaired, secured or removed as directed in the notice, within the ten-day time period, the building official shall, after due notice to the owner, agent or person in control of the sign and the owner of the property on which the sign is located, affording them an opportunity to be heard, cause the sign to be removed.

(c)

Removal shall be done by the city, and all costs, including administrative costs, shall be assessed against the property upon which the sign was located.

(d)

If the sign is, in the opinion of the building official, unsafe to the extent that it involves imminent danger to human life or health, the building official shall promptly cause the sign to be made safe or removed.

(e)

If the sign is also a nonconforming sign, the provisions contained in this division relating to the repair of nonconforming signs shall also apply.

(Ord. No. 789, art. VII, § 3.09, 8-11-92)

All signs, including their supports, braces, guys and anchors, electrical parts and lighting fixtures, and all painted and display areas, shall be maintained in accordance with the building and electrical codes adopted by the city, and shall present a neat and clean appearance.

(Ord. No. 789, art. VII, § 3.04, 8-11-92)

(a)

It shall be unlawful to erect, cause to be erected, maintain or cause to be maintained any sign not expressly authorized by or exempted from this division.

(b)

The following signs are expressly prohibited unless exempted by this division or expressly authorized by this division:

(1)

Signs that are in violation of the building code or electrical code adopted by the city.

(2)

Any sign that, in the judgment of the building official or public safety director, does or will constitute a safety hazard.

(3)

Signs with visible moving, revolving or rotating parts (or with the optical illusion of movement by means of a design that presents a pattern capable of giving the illusion of motion or changing of copy), or visible mechanical movement of any description, or other apparent visible movement achieved by electrical, electronic or mechanical means, except for traditional barber poles.

(4)

Signs with lights or illuminations that flash, move, rotate, scintillate, blink, flicker or vary in intensity or color, except for time-temperature-date signs.

(5)

Strings of lightbulbs for purposes other than traditional holiday decorations.

(6)

Signs that incorporate projected images, or emit any sound that is intended to attract attention.

(7)

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

(8)

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

(9)

Signs that resemble any official sign or marker erected by any governmental agency, or that by reason of position, shape or color would conflict with the proper functioning of any traffic sign or signal, or that are of a size, location, movement, content, color or illumination that may be reasonably confused with or construed as or conceal a traffic control device.

(10)

Signs that obstruct the vision of pedestrians, cyclists or motorists traveling on or entering public streets.

(11)

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

(12)

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

(13)

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

(14)

Signs erected on public property, other than signs erected by public authority for public purposes and signs authorized in writing pursuant to F.S. § 337.407.

(15)

Signs erected over or across any public street and sidewalk, except as may otherwise be expressly authorized by this division, and except governmental signs erected by or on the order of a public officer.

(16)

Portable signs.

(17)

Billboard signs, unless such signs were erected prior to the effective date of the ordinance from which this division is derived.

(18)

Snipe signs.

(19)

Immoral or pornographic signs.

(Ord. No. 789, art. VII, § 3.08, 8-11-92)

All signs located within the central business district shall be placed, installed, constructed, erected, altered, repaired or relocated in accordance with the guidelines or requirements of this subdivision.

(Ord. No. 789, art. VII, § 3.10(A)(1), 8-11-92)

The number of signs allowed is as follows:

(Ord. No. 789, art. VII, § 3.10(A)(1)(a), 8-11-92)

Only one business entity is allowed per sign, except when the use of a directory is permitted. A directory may be a single rectangular board or tablet measuring no more than 24 inches horizontally and 60 inches vertically, or it may consist of multiple rectangular boards measuring eight inches vertically by 24 inches horizontally securely connected to each other vertically by hooks or chains no more than four inches long, with letters at least three inches high.

(Ord. No. 789, art. VII, § 3.10(A)(1)(b), 8-11-92)

The following guidelines or restrictions shall apply for sign colors and lettering:

(1)

Colors. Colors of signs shall be related to the fullest extent possible to that of the building. Colors used for signage must be present on the body of the building, the building trim or the building awning or canopy. One additional color not present on the structures listed in this subsection may be used also if desired.

(2)

Style of lettering. The style of lettering should be compatible with the building. The use of white, gold, black or brass letters is encouraged. The styles described in this section are recommended.

(3)

Proportion of sign and lettering. The sign should be in proportion to the building, and the letter size should likewise be in proportion to the sign (see section 46-667).

(4)

Use of symbols and logos. Symbols or logos used in place of or in combination with words to identify a business shall count in the calculation of the allowable sign space.

(5)

Street address numbers. Street address numbers shall be located on the building or on the grade level entry front door. Numbers and letters shall not exceed six inches in height. The use of white, gold, black or brass numbers is encouraged. Street numbers are not counted as a sign.

(6)

Reproduction of historically significant signage. Reproduction of existing historically significant signage will be given special consideration, and is strongly encouraged.

(Ord. No. 789, art. VII, § 3.10(A)(1)(c), 8-11-92)

Signs shall be parallel or perpendicular to the street curb which is directly in front of the sign.

(Ord. No. 789, art. VII, § 3.10(A)(1)(d), 8-11-92)

Blinking or flashing lights, electronic message signs or powered signs are not permitted on any building or within three feet of any window. No internally lit signs are permitted.

(Ord. No. 789, art. VII, § 3.10(A)(1)(e), 8-11-92)

Sign lettering shall meet the following size limitations:

(1)

For storefronts of 30 horizontal linear feet or less, maximum letter height is 12 inches.

(2)

For storefronts greater that 30 horizontal linear feet, maximum letter height is 18 inches.

All lettering must be of a professional quality.

(Ord. No. 789, art. VII, § 3.10(A)(1)(f), 8-11-92)

(a)

For those multistoried buildings whose sides are not on street frontage and whose sides are above the surrounding buildings and therefore visible from the street, murals will be permitted.

(b)

A single sign indicating the name of the building or primary business will be permissible on the side of multistory buildings whose sides are not on street frontage. The sign shall be painted on the surface of the building and meet the same guidelines as to the size, placement, color, etc., as building signs.

(Ord. No. 789, art. VII, § 3.10(A)(1)(g), 8-11-92)

The rear of buildings which contain secondary public entrances or service or delivery entrances will be permitted a single sign to identify the business, and a single service or delivery identification sign.

(Ord. No. 789, art. VII, § 3.10(A)(1)(h), 8-11-92)

Additional signs which may appear at the street level entrance are as follows:

(1)

Image or name of the business on the door glass.

(2)

Applied address numbers over the door or at the top or bottom of the door glass.

(3)

Days and hours of operation.

These signs are not counted in a building's allowable signs.

(Ord. No. 789, art. VII, § 3.10(A)(1)(i), 8-11-92)

All awning or canopy signs located within the central business district shall conform to the general guidelines set out in this division and to the following:

(1)

Maximum size. Awning or valence signs must occur within and not exceed 30 percent of the horizontal measure of the valance on the awning or canopy. Signs on the sloped face are not permitted. Images may be repeated to comprise the 30 percent space limit.

(2)

Logo and text elements. Logo and text elements of a sign on an awning body will be either silk screened or applique stitched. A sign on the awning valence may be silk screened, applique stitched or on a board with a vertical measurement the same as or less than the valence and a horizontal measurement of not more than 30 percent of horizontal measurement of valence, and hung in front of valence so as to appear as part of the valence.

(3)

Prohibited signs. Awning and canopy signs are not permitted on any valence or awning other than those on grade level entry.

(Ord. No. 789, art. VII, § 3.10(B), 8-11-92)

All window signs shall conform to the applicable general guidelines set out in this division and the following:

(1)

Window area. For the purpose of defining and measuring window signs, glass window area shall be the horizontal measurement times the vertical measurement of an individual piece of glass within a frame.

(2)

Sign area. When a window sign contains two or more lines of text or graphics, the window glass sign area will be determined using the widest horizontal line measurement of text or graphics times the distance between the uppermost point of text or graphics and the lowermost point of text or graphics. If two lines of text or graphics are more than 24 inches apart, they will be considered as two separate signs and area determined separately using the formula set out in this subsection. No window sign shall be larger than 25 percent of the individual framed glass area of the window to which the sign is attached or on which the sign is drawn.

(3)

Signs in window display space. Signs that are part of an interchangeable or seasonal advertising window display that remain in place from four weeks to six months will be considered one of a store's allowable signs while in place, and will meet all guidelines in this section.

(4)

Border on window. A continuous border used to outline the window area is permitted, provided the size of the border does not exceed more than ten percent of available glass.

(Ord. No. 789, art. VII, § 3.10(C), 8-11-92)

All hanging signs shall conform to the applicable general guidelines set out in this division and the following:

(1)

Number; location. A hanging sign is permitted only when it is perpendicular to the building face or hung on the valence. Only one hanging sign may be used per storefront, or, in the case of multiple occupancy, one may be used per unit, and it shall be located at the front grade level entry of the business.

(2)

Dimensions. When a canopy or awning is present, the maximum length of the hanging sign shall not exceed 75 percent of the canopy's projection from the building. When no canopy or awning is present, the horizontal dimension of the hanging sign shall not exceed 50 percent of the width of the sidewalk, and the vertical dimension of the sign shall not exceed one-half the horizontal dimension of the sign.

(3)

Height above sidewalk. The bottom edge of the sign shall be at least seven feet above the sidewalk.

(Ord. No. 789, art. VII, § 3.10(D), 8-11-92)

All building signs shall conform to the applicable general guidelines set out in this division and the following:

(1)

Placement generally. Signs applied to the building shall respect the framework of the structure and the proportion of the storefront. Placement is preferable between the windowsills of the second story and the storefront window, or, in an historically correct signage area, as determined by the historic preservation commission.

(2)

Size. The horizontal length of a building sign shall not exceed half the length of the horizontal linear feet of the storefront on which it is placed. Signs for buildings that are less than 30 horizontal linear feet in length may have an area no larger than 64 square feet. Signs for buildings that are more than 30 horizontal linear feet in length may be no more than three feet in height. No building sign may cover windows, windowsills or any significant architectural feature on the building.

(3)

Placement of directory signs. Placement of directory signs shall be either on a side wall of a recessed porch or entry or on an interior side wall next to the main building entrance.

(Ord. No. 789, art. VII, § 3.10(E), 8-11-92)

All signs not attached to the building or awning of a building and that are freestanding within the property boundaries of the site shall conform to the applicable general guidelines set out in this division and the following:

(1)

Materials. Posts, signage mounting and framing materials are limited to the following: masonry, stone, brick, wrought iron or wood.

(2)

Size. The maximum vertical measurement for any sign, including the mounting frame or post, is five feet from the top to the ground. The horizontal measurement shall not exceed twice the vertical measurement, with a maximum of ten feet, and should be no less than three-fourths of the vertical measurement.

(3)

Support fixture size. Support fixtures that consist of one vertical and one horizontal support should be in a ratio of two to one. Double posts or a platform and frame should be in proportion to the actual sign and should not exceed the measurement given in subsection (2) of this section. Total sign face area should be no less than 50 percent of total structure face area.

(4)

Number of sign faces. Signs shall have a maximum of two faces.

(5)

Signs on gates. Signs on gates shall be mounted securely in the center of the gate and have a horizontal measurement not to exceed one-half the horizontal measurement of the gate and a vertical measurement not to exceed one-half the vertical measurement of the gate.

(Ord. No. 789, art. VII, § 3.10(F), 8-11-92)

Second-story or above-business signs shall conform to the applicable general guidelines set out in this division and the following:

(1)

Second-story business signs. Second-story businesses may place a sign in a second-story window in conformance with the requirements for window signs.

(2)

Third-story business signs. No signs may occur in the windows of the third floor or above.

(3)

Additional sign at street level entrance. An additional sign for businesses above the grade level entry may appear at the street level entrance from the following list:

a.

Name of business and hours of operation on the door glass; and

b.

Applied letters over the door, however, the use of directories for multi-occupancy buildings is encouraged.

(Ord. No. 789, art. VII, § 3.10(G), 8-11-92)

Snipe signs are not permitted in the central business district.

(Ord. No. 789, art. VII, § 3.10(H), 8-11-92)

Billboards are not permitted in the central business district.

(Ord. No. 789, art. VII, § 3.10(I), 8-11-92)

All murals shall conform to the applicable general guidelines set out in this division and the following:

(1)

Murals are permitted provided no advertising message is included, unless the advertising message in proven to be of historical significance. All mural designs shall first be submitted to and approved by the historical preservation commission.

(2)

Murals are not counted as a sign and may coexist with all types of signs.

(Ord. No. 789, art. VII, § 3.10(J), 8-11-92)

All temporary signs shall conform to the applicable general guidelines set out in this division and this section. Temporary signs shall be placed only on the inside of windows and for no more than four weeks, and shall not exceed ten percent of overall window area, calculated the same as for window signs in section 46-682, or on a temporary easel or sandwich board located outside the business but not so as to obstruct walking traffic, and must meet all other provisions of this Code or any state or federal regulations pertaining to fire, removal, or going out of business type sales, as well as regulations pertaining to the obstruction of streets and sidewalks.

(Ord. No. 789, art. VII, § 3.10(K), 8-11-92)