It is the purpose of this article to promote the public health, safety and general welfare through reasonable, consistent and non-discriminatory sign standards. The sign regulations in this article are also designed and intended to meet the statutory requirement that this municipality adopt land development regulations that regulate signage, a requirement set forth in F.S. § 163.3202(f). The sign regulations in this article are not intended to censor speech or to regulate viewpoints, but instead are intended to regulate the adverse secondary effects of signs. The sign regulations are especially intended to address the secondary effects that may adversely impact aesthetics and safety. The sign regulations are designed to serve substantial governmental interests and, in some cases, compelling governmental interests such as traffic safety and warning signs of threats to bodily injury or death.

This article regulates signs, as defined in this Land Development Code, which are placed on private property or on property owned by public agencies including the city and over which the city has zoning authority. This article is not intended to extend its regulatory regime to objects that are not traditionally considered signs for purpose of government regulation.

The City of St. Augustine Beach is primarily a single family residential and small resort community on the east coast of Florida. The eastern boundary of the city is the Atlantic Ocean, the northern boundary is Pope Road, which abuts Anastasia State Park and the western boundary is the AIA Scenic and Historic Coastal Byway. The economic base of the city is heavily dependent on visitors from the Northeast Florida and Southeast Georgia area, as well as other areas of the United States. In order to preserve and promote the city as a desirable community in which to live, vacation and do business, a pleasing, visually attractive environment is of foremost importance. The regulation of signs within the city is a highly contributive means by which to achieve this desired end.

These sign regulations have been prepared with the intent of enhancing the visual environment of the city and promoting its continued well-being, and are intended to:

(1)

Encourage the effective use of signs as a means of communication in the city;

(2)

Maintain and enhance the aesthetic environment and the city's ability to attract sources of economic development and growth;

(3)

Improve pedestrian and traffic safety;

(4)

Minimize the possible adverse effect of signs on nearby public and private property;

(5)

Foster the integration of signage with architectural and landscape designs;

(6)

Lessen the visual clutter that may otherwise be caused by the proliferation, improper placement, illumination, animation, excessive height, and excessive size (area) of signs which compete for the attention of pedestrian and vehicular traffic;

(7)

Allow signs that are compatible with their surroundings and aid orientation, while precluding the placement of signs that contribute to sign clutter or that conceal or obstruct adjacent land uses or signs;

(8)

Encourage and allow signs that are appropriate to the land use district in which they are located;

(9)

Establish sign size in relationship to the scale of the lot and building on which the sign is to be placed or to which it pertains,

(10)

Preclude signs from conflicting with the principal permitted use of the site and adjoining sites;

(11)

Regulate signs in a manner so as to not interfere with, obstruct the vision of or distract motorists, bicyclists or pedestrians;

(12)

Except to the extent expressly preempted by state or federal law, ensure that signs are constructed, installed and maintained in a safe and satisfactory manner, and protect the public from unsafe signs;

(13)

Preserve, conserve, protect, and enhance the aesthetic quality and scenic beauty of all districts of the city;

(14)

Allow for traffic control devices consistent with national standards and whose purpose is to promote highway safety and efficiency by providing for the orderly movement of road users on streets and highways, and that notify road users of regulations and provide warning and guidance needed for the safe, uniform and efficient operation of all elements of the traffic stream;

(15)

Protect property values by precluding, to the maximum extent possible, sign types that create a nuisance to the occupancy or use of other properties as a result of their size, height, illumination, brightness, or movement;

(16)

Protect property values by ensuring that sign types, as well as the number of signs, are in harmony with buildings, neighborhoods, and conforming signs in the area;

(17)

Regulate the appearance and design of signs in a manner that promotes and enhances the beautification of the city and that complements the natural surroundings in recognition of this city's reliance on its natural surroundings and beautification efforts in retaining economic advantage for its resort community, as well as for its major subdivisions, shopping centers and industrial parks;

(18)

Enable the fair and consistent enforcement of these sign regulations;

(19)

Promote the use of signs that positively contribute to the aesthetics of the community, are appropriate in scale to the surrounding buildings and landscape, and advance the city's goals of quality development;

(20)

Provide standards regarding the non-communicative aspects of signs, which are consistent with city, county, state and federal law;

(21)

Provide flexibility and encourage variety in signage, and create an incentive to relate signage to the basic principles of good design; and

(22)

Assure that the benefits derived from the expenditure of public funds for the improvement and beautification of streets, sidewalks, public parks, public rights-of-way, and other public places and spaces, are protected by exercising reasonable controls over the physical characteristics and structural design of signs.

(Ord. No. 16-04, § 2(Exh. A), 7-11-16)

The Definitions in Article II shall apply to this article. Any term or phrase not defined therein shall have its commonly understood meaning.

(Ord. No. 16-04, § 2(Exh. A), 7-11-16)

This article does not pertain and is not applicable to:

(1)

A sign, other than a window sign, located entirely inside the premises of a building or enclosed space.

(2)

A sign on a car, other than a prohibited vehicle sign or signs.

(3)

A statutory sign.

(4)

A traffic control device sign.

(5)

Any sign not visible from a public street, sidewalk or right-of-way or from a navigable waterway or body of water; except that the foregoing does not exempt a sign for a commercial use that is visible from an abutting residential use.

(Ord. No. 16-04, § 2(Exh. A), 7-11-16)

The signs and sign types listed below are prohibited within the city limits and shall not be erected, operated or placed on any property. Any lawfully existing permanent sign structure or sign type that is among the prohibited signs and sign types listed below shall be deemed a nonconforming sign subject to the provisions of Section 8.00.10, Nonconforming Signs.

(1)

Discontinued signs.

(2)

Animated signs.

(3)

Attached signs that are taller than the wall of the building to which the sign is attached.

(4)

Attached signs that exceed two hundred eighty-eight (288) square feet in sign area.

(5)

Billboards; Off-Site Commercial Message Signs.

(6)

Bandit signs; Snipe signs.

(7)

Bus bench advertising signs and bus shelter advertising signs.

(8)

Flashing signs.

(9)

Floodlights and beacon lights, except when required by the Federal Aviation Administration.

(10)

Freestanding or ground signs, including any ground mounted ground signs, which are higher than twelve (12) feet.

(11)

Freestanding or ground signs that exceed one hundred forty-four (144) square feet in sign area.

(12)

Holographic display signs.

(13)

Moving, twirling, or swinging signs, including multi-prism and tri-vision signs.

(14)

Pavement markings, except for official traffic control markings and building address markings required by law.

(15)

Flutter signs, feather signs, streamers, balloons, wind signs, wind activated banners, cold air inflatables, pennants and other fixed aerial signage used for commercial advertising, except that businesses may be allowed up to two (2) temporary signs per business, on that business premises. Such signs may be feather signs no more than twelve (12) feet in height; sandwich boards of six (6) square feet per side or less: or cardboard or plastic freestanding ground signs no larger than 18" × 24" which are attached to the ground by wire supports no larger than ⅛" wide or less. Such signs may be on the business premises during operating hours, shall be placed in a manner that does not obstruct the view of traffic exiting the premises, and shall be removed from the view at the close of business each day.

(16)

Portable signs.

(17)

Revolving signs; rotating signs.

(18)

Roof signs.

(19)

Signs within an intersection and sight visibility triangle, as described in Appendix A, Article VI. (Development Design and Improvement Standards) Section 6.02.04(H) (Clear visibility triangle) and 6.06.06 (Intersection visibility) herein, that obstruct a clear view of pedestrian or vehicular traffic.

(20)

Signs attached to a seawall, dock, buoy, tie pole or pier; other than warning signs and safety signs.

(21)

Signs in, on, or over the public right-of-way; traffic control device signs, bus stop informational signs, warning signs; safety signs, vertical streetlight banners, A-Frame signs, T-Frame signs, and awning or attached canopy signs over a public right-of-way as allowed in this article.

(22)

Signs in or upon any river, bay, lake, or other body of water within the limits of the city; except government regulatory signs, warning signs, and safety signs.

(23)

Signs located on real property without the permission of the property owner.

(24)

Signs nailed, fastened, affixed to, or painted on any tree or part thereof (living or dead), or other vegetation.

(25)

Signs, other than traffic control device signs, that use the word "stop" or "danger," or present or imply the need or requirement of stopping or the existence of danger, or which are a copy or imitation of traffic control device signs and which are adjacent to the right-of-way of any road, street, or highway.

(26)

Signs that are not effectively shielded as to prevent beams or rays of light from being directed at any portion of the traveled public rights-of-way thereby creating a potential traffic or pedestrian hazard or a nuisance to inhabitants of an adjacent neighborhood. No sign shall be so illuminated that it interferes with the effectiveness of, or obscures an official traffic sign, device, or signal.

(27)

Signs that contain any food or other substance that attracts large numbers of birds or other animals and causes them to congregate on or near the sign.

(28)

Signs that emit sound, vapor, smoke, odor, or gaseous matter.

(29)

Signs that obstruct, conceal, hide or otherwise obscure from view any traffic control device sign or official traffic signal.

(30)

Wall wrap signs.

(31)

Vehicle sign or signs with a total sign area in excess of forty (40) square feet on any vehicle, and

a.

The vehicle is not "regularly used in the conduct of the business," and

b.

The vehicle is visible from a street right-of-way within fifty (50) feet of the vehicle, and

c.

The vehicle is parked for more than two (2) consecutive hours in any twenty-four (24) hour period within fifty (50) feet of any street right-of-way, and

d.

A vehicle shall not be considered "regularly used in the conduct of the business" if the vehicle is used primarily for advertising, and

e.

This provision is not to be construed as prohibiting the identification of a firm or its principal products on a vehicle operating during the normal hours of business; and which is currently licensed, insured and operable; provided, however, that no such vehicle shall be parked on public or private property with signs attached or placed on such vehicle primarily for the purpose of advertising a business establishment or firm or calling attention to the location of a business establishment or firm.

(32)

Signs that have neon or fluorescent paint.

(Ord. No. 16-04, § 2(Exh. A), 7-11-16; Ord. No. 18-05, § 1, 5-7-18)

The following general sign provisions shall apply to this article and to all lawful conforming and nonconforming signs, unless otherwise indicated.

(1)

Measurement of Sign Size (Sign Area). The area of a sign is measured or calculated as follows:

a.

Background panel signs. Sign copy that is mounted, affixed, or painted on a background panel or area distinctively painted, textured or constructed as a background for the sign copy, is measured as that area contained within the sum of the smallest rectangles, squares, triangles, parallelograms, circles or ellipses that will enclose both the sign copy and the background.

b.

Background surface signs The area of a sign consisting of copy mounted as individual letters or graphics against a wall, fascia, or parapet of a building surface or another surface, that has not been painted, textured, or otherwise altered to provide a distinctive background for the sign copy, is measured as the sum of the smallest rectangles, squares, triangles, parallelograms, circles or ellipses that will enclose each word, graphic or discrete visual element in the total sign.

c.

Illuminated background signs. The area of a sign with copy mounted, affixed, or painted on an illuminated surface or illuminated element or a building or structure, is measured as the entire illuminated surface or illuminated element which contains sign copy.

d.

Double-faced signs. If a sign has two display faces, and the interior angle between the two faces is thirty (30) degrees or less, then the sign area is one sign face only; however, if the two faces are of different sizes or shapes, then the larger is used. If the sign has two display faces, and the interior angle between the two faces is greater than thirty (30) degrees, then the sign area is the sum of the areas of the two faces.

e.

Multi-faced signs. If a sign has three or more faces, then the sign area is equal to fifty (50) percent of the aggregate area of all sign faces. The area of each face shall be determined according to subsection (a) or (b) of this section, as applicable.

f

Sculptural and nonplanar signs. The area of a spherical, free form, sculptural or other nonplanar sign is fifty (50) percent of the sum of the areas, using only the four vertical sides of the smallest four-sided polyhedron which will completely enclose the entire sign structure.

(2)

Measurement of Sign Height. The height of a freestanding sign shall be measured as the vertical distance from the average finished grade of the ground below the sign excluding any filling, berming, mounding or excavating solely for the purposes of increasing the height of the sign, to the top edge of the highest portion of the sign.

For the purposes of this section, average finished grade shall be considered the lower of (a) the lowest elevation where the base of the sign meets ground level; or (b) the top of the curb of the nearest public street adjoining the property upon which the sign is erected, or (c) the grade of the land at the principal entrance to the lot on which the sign is located.

(3)

Sign Illumination for Temporary Signs and Permanent Signs.

a.

Sign illumination is prohibited for temporary signs.

b.

Permanent sign on a parcel in residential use. A permanent sign located on a parcel in residential use in any district may not be separately or specially illuminated, unless otherwise specified in this article.

c.

Permanent sign on a parcel in nonresidential use. A permanent sign on a parcel in nonresidential use may be illuminated by internal illumination, internal indirect (halo) illumination, or lit by external indirect illumination, unless otherwise specified in this article. However, a permanent sign may not be illuminated in a manner that leaves the illumination device exposed to public view except with the use of neon tubing as provided in subsection (h) of this section.

d.

Internal illumination Outdoor internally illuminated signs, including but not limited to awning/canopy signs, cabinet signs (whether freestanding or building mounted), changeable copy panels or service island signs, shall be constructed with an opaque background and translucent letters or other graphical elements, or with a colored background and lighter letters or graphics.

e.

External indirect illumination. Externally lit signs are permitted to be illuminated only with steady, stationary, down directed and shielded light sources directed solely onto the sign. Light bulbs or tubes (excluding neon), used for illuminating a sign, shall not be visible from the adjacent public rights-of-way or residential properties.

f.

Illumination of signs adjacent to single-family residential uses No sign located within 50 feet of a property with a single-family use or zoned for a single-family use shall be internally illuminated.

g.

Any portion of the sign face or sign structure that is illuminated shall count against the total square footage of allowable sign area.

h.

Neon.

(i)

. Exposed neon. Exposed neon tube illumination is not permitted in residential zones, or for residential uses in any zone. It is allowed in all other places, unless otherwise specified.

(ii)

. Neon borders. Neon illumination used as a sign copy projection, border, frame or other embellishment of sign copy shall not be included in the total size or area of the sign, provided the measured area of any such projection or detailed embellishment does not exceed 12 square feet in area, or 25 percent of the sign display face area, whichever is greater. If neon embellishments exceed these limits, then the embellishments shall be included and counted as part of the permitted sign area for the use.

(4)

Viewpoint Neutrality. Notwithstanding anything in this article to the contrary, no sign or sign structure shall be subject to any limitation based upon the viewpoint of the message contained on such sign or displayed on such sign structure.

(5)

Substitution of Noncommercial Speech for Commercial Speech. Notwithstanding anything contained in this article to the contrary, any sign erected pursuant to the provisions of this article may, at the option of the owner, contain a non-commercial message in lieu of a commercial message and the noncommercial copy may be substituted at any time in place of the commercial copy. The noncommercial message (copy) may occupy the entire sign face or any portion thereof The sign face may be changed from a commercial message to a noncommercial message or from one noncommercial message to another non-commercial message; provided, however, that there is no change in the size, height, setback or spacing criteria contained in this article.

(6)

Consent of Legal Owner of Property. No sign may be displayed without the consent of the legal owner of the property on which the sign is mounted or displayed. For purposes of this policy, "owner" means the holder of the legal title to the property and any party and person holding a present legal right to possession, control, or use of the property.

(7)

Signs on Public Property. Except as set forth herein any sign installed or placed on public property, except in conformance with the requirements of this article, shall be deemed illegal and shall be forfeited to the public and subject to confiscation. In addition to other remedies hereunder, the City shall have the right to recover from the owner or person placing such sign the cost of removal and disposal of such sign. The foregoing shall not apply to temporary A-Frame signs and T-Frame signs as allowed pursuant to the conditions and limitations set forth herein. However, temporary signs may be placed on city hall property during the period designated for early voting by the Supervisor of Elections for St. Johns County through election day. Such temporary sign faces shall not exceed 18" × 24" and shall be attached to the ground by means of wire supports no larger than ⅛" in diameter per support. All such signs shall be removed from city hall premises no later than noon the day after election day.

(8)

Signs That Obstruct Means of Egress. No sign shall be erected so as to obstruct any fire escape, required exit, window, or door opening intended as a means of egress.

(9)

Signs That Interfere with Ventilation Openings. No sign shall be erected that interferes with any opening required for ventilation.

(10)

Signs Must Maintain Clearance from Utilities and Shall Not Interfere with Surface and Underground Water or with Drainage. Signs shall maintain a minimum distance of six (6) feet horizontal clearance and twelve (12) feet overhead clearance from electrical conductors and from all communications equipment or lines. Signs and their supporting structures shall maintain clearance from and noninterference with all surface and underground facilities and conduits for water, sewage, electricity, or communications equipment or lines. Sign placement shall not interfere with surface or underground water or with natural or artificial drainage.

(11)

Signs Shall Not Be Attached to Certain Property and Shall Not Impair Roof Access. Signs shall not be attached to standpipes, gutters, drains or fire escapes. Signs shall not be installed so as to impair access to a roof.

(12)

Signs Declared a Nuisance and Repair; Signs Presenting Immediate Peril to Public Health or Safety. The building official may order the repair of signs declared a nuisance, and with or without notice may cause any structurally unsafe or structurally insecure sign to be immediately removed if in his or her professional judgment and professional opinion the sign presents an immediate peril to the public health or safety.

(13)

Street Address Signs. For each parcel and for each tenant space, one sign for the official street address shall be displayed for public safety and to serve as visible street address for delivery of mail and official governmental notification.

a.

For a parcel in residential use, the street address sign shall not exceed two (2) square feet in sign area.

b.

For a parcel in non-residential use, the street address sign shall not exceed four (4) square feet in sign area.

c.

The street address sign in a residential use may be externally illuminated and in a non-residential use may be externally or internally illuminated.

(14)

Flagpoles and Flags; Flag Brackets, Flag Stanchions and Flags.

a.

Flagpoles and Flags. For each parcel and development site in residential use with one principal structure, one flagpole may be installed and two (2) flags may be displayed per flagpole. For each parcel and development site that is over one-half (1/2) acre in size and is in nonresidential use, up to three flagpoles may be installed and up to two (2) flags may be displayed per flagpole. A flag shall not exceed twenty-four (24) square feet in size.

b.

Flag Brackets, Flag Stanchions, and Flags. For each principal structure on a parcel, up to two flag brackets or stanchions may be attached or placed for the display of flags. A flag displayed from a flag bracket or a flag stanchion shall not exceed twenty-four (24) square feet in size.

c.

For the purpose of determining the size of a flag, only one side of the flag shall be counted as the display surface.

d.

Flags on parcels in non-residential use may be externally illuminated.

(15)

Noncommercial Onsite Parking Space Signs. Parking space signs identifying parking spaces necessary for traffic safety, regulation, control and circulation. A parking space sign shall carry no commercial message and shall not exceed two (2) square feet of sign face per sign. Parking space signs shall be allowed on each parcel having multiple parking spaces onsite. One such sign shall be allowed for each parking space. The maximum height for a freestanding or an attached parking space sign shall be six (6) feet.

(16)

Signs at Service Station Islands. For service stations, one (1) double-sided sign or two (2) single-sided signs are allowed per island. Such signs shall not exceed four (4) square feet per side and shall not be mounted higher than eight (8) feet. Such signs shall not be mounted on any bollard or barrier designed to protect equipment from damage. Such signs may not be illuminated.

For service stations, one (1) canopy sign may be installed for each canopy side facing a public street or driveway. A canopy sign shall not exceed ten (10) square feet and shall not be mounted higher than the top of the canopy itself. A canopy sign may be internally illuminated. The square footage of all canopy signs on a canopy shall be counted against the maximum square footage of allowed wall signage for any building wall sign on the same parcel.

(17)

Ground Signs.

A.

Ground signs for single occupant or tenant buildings. One ground sign is allowed for each single occupant or tenant building. The maximum size of a ground sign shall be the lesser of: (1) one hundred forty-four (144) square feet, or (2) one (1) square-foot of sign area for each one (1) linear foot of road frontage along the street toward which the ground sign is oriented. The maximum height of the ground sign shall be twelve (12) feet, and the maximum width of the ground sign shall be twelve (12) feet. Up to fifty (50) percent of the sign surface of the ground sign may consist of a changeable copy sign: provided, however, that the sign copy cannot be changed more frequently than once in a two (2) hour time period. The ground sign may be illuminated.

B.

Ground signs for multiple occupant or tenant developments. One ground sign is allowed for each multiple occupant or tenant development inclusive of a shopping center. The maximum size of the ground sign shall be the lesser of: (1) one hundred forty-four (144) square feet, or (2) one (1) square foot of sign area for each one (1) linear foot of road frontage along the street toward which the ground sign is oriented for the first one hundred (100) feet of frontage plus one-fourth (1/4) square foot of sign area for each additional linear foot of the aforesaid road frontage. The maximum height of the ground sign shall be twelve (12) feet, and the maximum width of the ground sign shall be twelve and one-half (12.5) feet. Up to fifty (50) percent of the sign surface of the ground sign may consist of a changeable copy sign; provided, however, that the sign copy cannot be changed more frequently than once in a twenty-four (24) hour time period. The ground sign may be illuminated.

C.

Ground signs at entrances to single-family and multi-family developments. One ground sign is allowed at each point of ingress or egress from or to a single-family development and from or to a multi-family development. The maximum size of a ground sign shall not exceed twenty-four (24) square feet in size and shall not exceed six (6) feet in height. The twenty-four (24) square feet of sign area may he split equally between two ground signs located on each side of the entry or exit street. The ground sign shall be located on a landscaped island or lawn area protected from vehicular contact, and shall not encroach into any corner sight visibility triangle required pursuant to section 6.06.06. The sign may be internally or indirectly illuminated.

D.

Ground sign for a parcel in educational, religious or public use. In addition to any ground sign allowed above, one (1) permanent ground sign may be allowed for a parcel in educational, religious or public use. The sign shall not exceed thirty two (32) square feet in sign area and shall not exceed eight (8) feet in height. The sign may be illuminated. However, this additional ground sign shall not be allowed if there is an additional permanent wall sign on the same parcel.

(18)

Wall Signs. One (1) wall sign is allowed for each face of a building or part of a building that is occupied by a permitted or conditional non-residential use The size (area) of the wall sign for an occupant or a tenant shall be the lesser of: (i) two hundred fifty (250) square feet, or alternatively (ii) one (1) square foot per one (1) linear foot of building frontage for a single occupant building or one (1) square foot per one (1) linear foot of building frontage for the occupant or tenant space in a multi-tenant development, each as measured on the street toward which the wall sign is oriented. A wall sign shall not extend higher than the building wall to which it is attached. Up to fifty percent (50%) of the wall sign surface may consist of a changeable copy sign: provided, however, that the sign copy of the changeable copy sign shall not change more than once in any twenty-four (24) hour time period. The wall sign shall not project more than twelve (12) inches from the wall. If the wall sign projects more than two and one-half (2 ½) inches from the wall, the wall sign shall be mounted so that the bottom of the wall sign is at least nine (9) feet above ground at finished grade below the wall sign. The wall sign may be illuminated.

In addition to any wall sign allowed above, one (1) permanent wall sign may be allowed for a parcel in educational, religious or public use. The wall sign shall not exceed thirty two (32) square feet in sign area and shall not exceed eight (8) feet in height. The wall sign may be illuminated. However, this additional permanent wall sign shall not be allowed if there is an additional ground sign on the same parcel.

(19)

Wall Signs at Restaurants. In addition to any other wall sign allowance, a restaurant shall be allowed one (1) wall sign installed within twenty (20) feet of its main entrance. The wall sign shall not exceed six (6) square feet in area and shall not exceed six (6) feet in height. The wall sign may be illuminated.

(20)

Drive-Through Lane Signs. For a drive-through establishment, an additional display sign is allowed for each drive-through lane provided that such sign does not exceed forty (40) square feet in size and does not exceed eight (8) feet in height. The additional display sign may be internally illuminated and may emit sound only as part of a business transaction.

(21)

Umbrella Signs. For each table in an outside seating area for a licensed business establishment, one (1) umbrella sign per umbrella is allowed. An umbrella sign shall not exceed three (3) square feet in area and shall not exceed eight (8) feet in height. An umbrella having an umbrella sign shall be mounted on or in the table or in an umbrella holder adjacent to the table. A sign permit is not required for an umbrella sign.

(22)

Awning Signs. For each awning, one sign is allowed. The awning sign shall not exceed an area greater than twenty (20) percent of the surface area of the awning or canopy. The total square footage of the awning sign shall count toward the maximum square footage of the wall sign area allowed for a parcel or a tenant. An awning sign may be internally illuminated.

(23)

Canopy Signs. For each canopy, one sign is allowed. Except for the sign area limitation for canopy signs at service station islands, a canopy sign shall not exceed an area greater than twenty (20) percent of the surface area of the canopy. The total square footage of the canopy sign shall count toward the maximum square footage of the wall sign area allowed for a parcel or a tenant. A canopy sign may be internally illuminated.

(24)

Changeable Copy Signs. As part of a permitted ground sign or wall sign, a changeable copy sign, manual or electronic (LED), may be installed. The changeable copy sign shall not exceed fifty (50) percent of allowable area of the ground sign or wall sign. The changeable copy sign shall not exceed ten (10) feet in height when installed as a part of a ground sign for a single occupant or tenant building. The changeable copy sign shall not exceed sixteen (16) feet in height if part of the ground sign is for a multiple occupant or tenant building. A changeable copy sign that is a part of wall sign shall not be installed higher than the wall of the building. The sign copy on a changeable copy sign shall not be changed more than once in any twenty-four (24) hour time period. Changeable copy signs may be internally illuminated.

(25)

Projecting Signs. For buildings in the Central Business District (CBD) or a Redevelopment District (RD), one (1) projecting sign is allowed for each ground floor occupant or tenant space. The projecting sign shall be attached to the building frontage on the street or driveway on which the sign is located. The maximum size of the projecting sign shall be the lesser of (1) sixteen (16) square feet or (2) one (1) square foot per linear foot of occupant or tenant building frontage on the street or private driveway on which it is located; however, the square footage of a projecting sign shall count toward the maximum square footage of wall signage allowed for the building. The maximum thickness of the sign face of a projecting sign shall not exceed twenty-four (24) inches when such sign is of solid construction. A projecting sign shall have a minimum vertical clearance of nine (9) feet, and shall not be mounted higher than the wall of the building. A projecting sign that extends over a sidewalk in the public right-of-way shall be limited to a projection distance not to exceed two-thirds (2/3) of the width of the sidewalk. A projecting sign may be illuminated.

(26)

Window Signs. Window signs are permitted provided that the window sign may not cover more than twenty-five percent (25%) of the area of any window. Window signs may be internally illuminated. A sign permit is not required for a window sign.

(27)

Door Signs. Door signs are permitted provided that the door sign may not cover more than twenty-five percent (25%) of the area of any door signs shall not be illuminated. A sign permit is not required for a door sign.

(Ord. No. 16-04, § 2(Exh. A), 7-11-16; Ord. No. 18-05, § 3, 5-7-18)

The signage rights and responsibilities for temporary signs and permanent signs shall be determined by the provisions of Section 8.00.04, General Provisions for Signs, and by the sign provisions for the land use districts as set forth below in Sections 8.00.06. Temporary Signs allowed in all land use districts, and 8.00.07. Permanent Signs Allowed in land use districts.

However, in connection with residential uses in nonresidential land use districts and nonresidential uses in residential land use districts, the signage rights and responsibilities applicable to any particular use shall be determined as follows: (1) In a residential land use district where a nonresidential use is allowed, whether as a matter of right or by way of a conditional use permit or other process with stated criteria governing the allowance of the nonresidential use, the nonresidential use shall be treated as if it was located in a land use district where the nonresidential use would be allowed, either as a matter of right or subject to a conditional use permit or other process with stated criteria governing the allowance of the nonresidential use; and (2) In a nonresidential land use district where a residential use is allowed, the residential use shall be treated as if it was located in the residential land use district where that type of use would be allowed as a matter of right.

(Ord. No. 16-04, § 2(Exh. A), 7-11-16)

Within its land use districts and subject to any applicable provisions with Section 8.00.04. General Provisions for Signs, the City shall allow temporary signs that meet the criteria and limitations set forth in Table 1, shown below

A government sign shall not require a sign permit and shall be allowed in all land use districts on public property and public rights-of-way unless otherwise provided herein. However, the foregoing shall have no impact on any separate requirements established by state statute for building permits, electrical permits or other statutory permits.

A temporary sign displayed on a window surface must be displayed on the inside of the window surface, shall cover no more than twenty-five percent (25%) of the window surface, and shall not be illuminated.

TABLE 8.00.06.1
CRITERIA AND LIMITATIONS FOR
TEMPORARY SIGNS IN ALL
LAND USE DISTRICTS

L — Low Density Residential
ML — Medium-low density residential
M — Medium Density Residential
H — High Density Residential
CO — Commercial
I — Institutional
R — Recreation
CN — Conservation

¹ The number of temporary commercial signs per parcel shall be no more than two (2) signs, however, no more than one temporary commercial sign per parcel may be a banner sign and a temporary commercial banner sign is limited to a maximum duration of display of no more than thirty (30) days per calendar year per parcel.

² The square footage limitation is per side for a back-to-back sign. For example, a four (4) square foot limitation means that there is a limit of Four (4) square feet of surface area per side of a back-to-back sign, and an aggregate limit of eight (8) square feet is allowed if the sign is a back-to-back temporary sign.

³ Not applicable to signs displayed on flagpoles.

⁴ Minimum sign setbacks do not apply to wall signs All Temporary Signs are prohibited on public property and from public rights-of-way.

⁵ Not applicable to signs displayed on flagpoles.

⁶ There is no limit to the number of separate messages that may appear on the allowable surface(s) of any Temporary Sign The maximum aggregate surface area allowed is subject to circumstances that may reduce the maximum aggregate surface area allowable on some parcels.

(Ord. No. 16-04, § 2(Exh. A), 7-11-16)

Within its land use districts and subject to any applicable provisions within Sec. 8.00.04, General Provisions for Signs, the City shall allow permanent signs that meet the criteria and limitations set forth in the subsections below. Unless otherwise provided herein, a permanent sign shall require a sign permit; however, a government sign on public property or public rights-of-way shall not require a sign permit and shall be allowed in all zoning districts on public property or public rights-of-way unless otherwise provided herein. The foregoing shall have no impact on separate requirements established by state statute for building code permits or other code permits.

(1)

Low and Medium-low Density Residential, Conservation and Recreation Land Use Districts (L, ML, CN, R). Within Low Density Residential Land Use Districts (L) and subject to the provisions with Sec. 8.00.04, General Provisions for Signs, the City shall allow permanent signs that meet the criteria and limitations set forth in Table 8.00.07.1 below.

TABLE 8.00.07.1

(2)

Medium and High Density Multi-Family Residential Land Use Districts (M, H). Within Medium and High Density Multi-Family Residential Land Use Districts (M, H) and subject to any applicable provisions within Section 8.00.04, General Provisions for Signs, the City shall allow permanent signs that meet the criteria and limitations set forth in Table 8.00.07.2 below.

TABLE 8.00.07.2

(3)

Commercial and Industrial Land Use Districts (CO, I). Within Commercial and Industrial Land Use Districts (CO, I) and subject to any applicable provisions within Section 8.00.04, General Provisions for Signs, the City shall allow permanent signs that meet the criteria and limitations set forth in Table 8.00.07.3 below.

TABLE 8.00.07.3

(4)

Mixed Use Land Use District (Mix). Within the Mixed Use Land Use District (MIX) and subject to any applicable provisions within Section 8.00.04, General Provisions for Signs, the City shall allow permanent signs that meet the criteria and limitations set forth in Table 8.00.07.4 below.

TABLE 8.00.07.4

(Ord. No. 16-04, § 2(Exh. A), 7-11-16)

It shall be unlawful for any person or business or the person in charge of the business to erect, construct, alter or maintain a sign structure, as defined in the Building Code, without first obtaining a building permit from the city in accordance with the provisions of the Building Code and applicable law. Permit fees for a building permit shall be paid in accordance with the applicable city fee schedules. The requirement of a building permit under the Building Code is separate and independent of the requirement for a sign permit under this article.

(Ord. No. 16-04, § 2(Exh. A), 7-11-16)

Temporary signs do not require a sign permit.

Unless exempt from permitting, no permanent sign shall be erected, altered, relocated, maintained or displayed until a sign permit is obtained from and the appropriate fee paid to the city. The sign permit is in addition to any building permit required to be obtained pursuant to the provisions of the Building Code.

(1)

No sign permit shall be issued for the erection of a prohibited sign.

(2)

A sign lawfully erected may be repainted or have ordinary and customary repairs performed, including replacement of plastic or glass panels, without a sign permit; however, if such sign is to be structurally altered in any manner, a new sign permit shall be required and the altered sign must meet all requirements of this article and this Code.

(3)

Exceptions from permitting. Temporary signs shall not require a sign permit. Unless identified in the tables in Section 08.00.06 as not requiring a sign permit and unless otherwise exempted from requiring a sign permit such as a government sign, all permanent signs shall require a sign permit. However these exemptions in no way waive any requirement set forth in the Building Code; or any limitation or restriction on the number, size, height, setback, placement or duration of such signs under this article, or any limitation or restriction under any other applicable law or regulation.

(4)

Permits not required for change of sign copy. No permit or permit fee shall be required for changing the copy of a sign, as long as no changes are made to the sign's height, size, location, or structure. This exemption shall also apply to any change of copy on a changeable copy sign.

(5)

Sign permit applications. A sign permit application for a permanent sign as may be required by this article shall be prepared and submitted on forms available at the building department. The sign permit application is in addition to any building permit application required by the Building Code. The applicant shall furnish the following information on or with the sign permit application form:

a.

Name, address, telephone number, and e-mail address (if available) of the person making application for the permit. If the applicant is anyone other than the property owner, the applicant shall provide written authorization from the property owner permitting the installation of the sign.

b.

Name, address, telephone number, and e-mail address (if available) of the property owner. If the owner is an entity other than an individual, list the contact person's name.

c.

Name, address, telephone number, and e-mail address (if available) of the business tenant, if applicable. If the tenant is an entity other than an individual, list the contact person's name.

d.

Name, address, telephone, e-mail address (if available), and license number of the contractor, if applicable. If the contractor is an entity other than an individual, list the contact person's name.

e.

Address and legal description of the property upon which the sign is to be located. The legal address may be located on a certified boundary survey.

f.

Lot frontage on all streets and public rights-of-way.

g.

Indicate in feet and inches the location of the sign in relation to property lines, public rights-of-way, easements, overhead utility lines, other utility facilities and equipment, buildings and other signs on the property

h.

Freestanding signs, including ground signs, shall require an accurate boundary survey signed and sealed by a land surveyor or engineer licensed in Florida showing the proposed location of the sign.

i.

For all wall mounted signs, the facade elevation with dimensions, drawn to scale. Windows and doors and other openings shall be delineated and their dimensions given.

j.

Sign dimensions and elevation, drawn to scale.

k.

Maximum and minimum height of the sign measured from finished grade.

l.

Dimensions of the supporting members of the sign.

m.

Sign illumination, specifying illumination type, placement, and intensity.

n.

Two (2) copies of the plans, specifications, calculations and details, signed and sealed as required by the Building Code; and specifications documenting the applicable windload and electrical specifications, if applicable, meeting the minimum requirements of the applicable Electric Code.

o.

Number, type, location and surface area of all existing signs on the same property.

p.

Landscape plan, as applicable.

q.

Notarized signature of applicant. If the value of construction is $2,500.00 or greater, a certified copy of notice of commencement shall be required prior to permit issuance.

(6)

Sign construction specifications.

a.

Building Code. Construction and erection of signs shall be in accordance with the structural requirements set forth in the Building Code.

b.

National Electrical Code. Signs having electrical connections of any kind shall be wired in accordance with the National Electrical Code.

c.

Inspections. Any sign having an electrical connection shall be permitted, inspected and approved by the electrical inspector prior to its completion. All sign structures shall be inspected and approved by the building official. The inspection point shall be selected by the building official. All excavations for concrete sign support bases shall be inspected and approved by the building official prior to the pouring of concrete.

d.

Support requirements. The supporting members of all signs shall be free of any external bracing such as guy wires or cables. All supporting columns shall be designed as integral or architectural features of the sign.

e.

Materials. Paper or cardboard signs and cloth or plastic fabric banners may only be used in conjunction with a special event as provided herein. However, paper or cardboard signs may be used for indoor window or election signs, when such are allowed.

f.

Construction standards. All signs shall be installed and constructed in a professional and workmanlike manner; and shall be maintained in good and safe structural condition and good physical appearance. All exposed structural components shall be painted, coated, or made of rust inhibitive material.

(7)

Design requirements. All signs and sign structures, except temporary signs and except for prohibited signs such as billboards and off-premises signs, shall be subject to the design requirements below.

a.

Ground signs. Ground sign structures may extend above the allowable height and/or permitted horizontal dimension for the purposes of architecturally embellishing and enhancing the appearance of the sign structure. Such extensions shall not exceed thirty-six (36) inches for the base, eighteen (18) inches at the top of the sign, or twelve (12) inches for each vertical side of the sign.

b.

Tenant panels in ground signs. All tenant panels in a ground sign, including those added to an existing sign structure, shall be constructed of similar materials and illuminated by a similar method.

c.

Wall signs. Wall signs shall not be installed to cover windows, doors, or other types of fenestration.

d.

Sign work on all permanent signs shall ensure that all the letter strokes are vertically plumb or evenly slanted, and with alignment true and horizontally level.

e.

Manufactured Signs. All manufactured signs requiring a sign permit shall have a permanent and visible weatherproof identification plate affixed to the sign exterior. The plate shall identify (1) the name of the manufacturer, (2) the date of installation, (3) the sign permit number, and (4) the electric permit number (if any) with the input VA (Volt Amperes) at full load for electric.

(8)

Sign permit application review.

a.

An applicant shall submit a sign permit application for a permanent sign to the building department, or such other office as may be designated by the city. The sign permit application shall be reviewed for a determination of whether the proposed sign meets the applicable requirements of this article and any applicable land use law of the City of St. Augustine Beach as set forth in the City of St. Augustine Beach's Code of Ordinances. Whenever required by state statute, the explanation for a denial of a sign permit shall include a citation to the applicable portions of an ordinance, rule, statute, or other legal authority for the denial of the permit; in the event that the applicant fails to receive a statutorily required explanation, the applicant shall submit a written request for the explanation to the City Manager via certified mail.

1.

The review of the sign permit application shall be completed within thirty (30) calendar days following receipt of a completed application, not counting the day of receipt and not counting any Saturday, Sunday, or legal holiday that falls upon the first or the thirtieth (30th) day after the date of receipt.

2.

A sign permit shall either be approved, approved with any condition that is specifically described and set forth in the St. Augustine Beach Code of Ordinances, or disapproved, and the decision shall be reduced to writing. A disapproval shall include or be accompanied by a statement of the reason(s) for the disapproval.

3.

In the event that no decision is rendered within thirty (30) calendar days following submission, the application shall be deemed denied and the denial shall be a final decision of the City if the applicant chooses not to seek reconsideration at that time. At any time within sixty (60) calendar days, not counting any intervening Saturday, Sunday, or legal city holiday, following passage of the thirty (30) calendar day period, the applicant may submit a written request via certified mail to the city and request a decision setting forth the reason for the denial.

b.

An approval, an approval with conditions, or disapproval by the city manager or his designee shall be deemed the final decision of the city upon the application.

c.

In the case of an approval with conditions or a disapproval, including a disapproval by lapse of time as described herein, an applicant may ask for reconsideration of the decision on the grounds that the building department director may have overlooked or failed to consider any fact(s) that would support a different decision.

1.

A written request for reconsideration accompanied by such additional fact(s) that address the deficiencies that the applicant may wish the building department director to consider, shall be filed with the building department director within fourteen (14) calendar days after the date of the written decision. No fee shall be required for a request for reconsideration.

2.

Upon the timely filing of a request for reconsideration, the decision of the city manager or designee shall be deemed stayed and not a final decision, until the request for reconsideration is decided. The request for reconsideration shall be decided within fourteen (14) calendar days of receipt by the city, not counting any intervening Saturday, Sunday, or legal city holiday. Such decision shall be in writing and shall include a statement of the reason(s) for the decision. In the event that no decision is rendered within fourteen (14) calendar days following the request for reconsideration, the application shall be deemed denied and the denial shall then be a final decision of the City. At any time within sixty (60) calendar days, not counting any intervening Saturday, Sunday, or legal city holiday, following passage of the fourteen (14) calendar day period, the applicant may submit a written request via certified mail to the city and request a decision setting forth the reason for the denial of the request for reconsideration.

d.

All decisions shall be mailed, transmitted electronically, or hand delivered to the applicant. A record shall be kept of the date of mailing, electronic transmittal, or hand delivery. For the purposes of calculating compliance with the thirty (30) day deadline for a decision upon an application or the fourteen (14) day deadline for a decision upon request for reconsideration, the decision shall be deemed made when deposited in the mail, transmitted electronically, or hand delivered to the applicant.

e.

As exceptions to the foregoing, the thirty (30) day deadline for approval and the fourteen (14) day deadline for a decision upon receipt of a request for a reconsideration shall not apply (that is, the time shall be suspended):

1.

In any case in which the application requires a rezoning of the property, or an amendment to the comprehensive plan of the city, then upon written request of the applicant delivered to the building department director by certified mail before the applicable deadline, the time shall be suspended until a final decision is made upon the application for the variance, rezoning, or comprehensive plan amendment

2.

If the applicant is required to make any change to the application in order to obtain an unconditional approval so as to satisfy an express provision of state law, the LDC, or the City of St. Augustine Beach Code of Ordinances, then upon the written request of the applicant delivered by certified mail to the building department director before the applicable deadline, the time shall be suspended while the applicant makes such change.

3.

If an applicant is required by state statute or by any express provision of either the Land Development Code or the City of St. Augustine Beach Code of Ordinances, to obtain an approval of the sign from any other governmental agency within the limitations set forth in F.S. § 166.033(4), then upon the request of the applicant in writing delivered by certified mail before the applicable deadline, the time shall be suspended. The time shall remain suspended until such approval is obtained or until the applicant requests in writing delivered by certified mail to the building department director that the city take final action. The city shall comply with the provisions of F.S. § 166.033(4).

4.

In any of the foregoing cases, the applicant may elect to not make any changes to the application or to not obtain an approval that may be required by another governmental agency, and may instead demand in writing a final decision upon the sign permit application as filed. Such a written demand shall be delivered by certified mail to the building department director In such event, the building department director shall make a decision on the application as appropriate within thirty (30) business days after receiving such demand If a decision is not made in such a time, the application shall be deemed denied.

f.

Any person aggrieved by the decision of the building department director upon a sign permit application, or aggrieved by any failure by any other city official to act upon a sign permit application in accordance with the Land Development Code, shall have the right to seek judicial review by the Circuit Court of the Fourth Judicial Circuit in and for St. Johns County, Florida, or by any other court of competent jurisdiction, filed in accordance with the requirements of law, seeking such appropriate remedy as may be available.

g.

If an applicant believes that his or her speech rights are being denied due to enforcement of subsection (8)c. or (8)e., above, he or she may immediately contact the city manager, in writing via certified letter, and request immediate review of any pending sign permit application. If such a letter is received by the city manager, the city shall have twenty (20) days to review the permit application as under subsection (8)a., above, notwithstanding the provisions of subsection (8)c or (8)e., above. If the city manager does not respond to the applicant following receipt of the certified letter, the substance of the applicant's complaint shall be deemed rejected.

(9)

Sign permit fees. Before issuance of a permit, the building department director shall collect the necessary sign permit fees. The sign permit fees shall be as designated by resolution of the city commission.

(10)

Inspection. The building department director may make or require any inspections to ascertain compliance with the provisions of this article and the Land Development Code.

(11)

Revocation of sign permit. If the work under any sign permit is proceeding in violation of this article, the Land Development Code, or the Building Code, or should it be found that there has been any false statement or misrepresentation of a material fact in the application or plans on which the sign permit was based, the permit holder shall be notified of the violation. If the permit holder fails or refuses to make corrections within ten (10) days, it shall be the duty of the building department director to revoke such sign permit and serve notice upon such permit holder. Such notice shall be in writing and signed by the building department director. It shall be unlawful for any person to proceed with any part of work after such notice is issued.

(Ord. No. 16-04, § 2(Exh. A), 7-11-16)

All signs that are lawfully in existence or are lawfully erected and that do not conform to the provisions of this article are declared nonconforming signs. It is the intent of this article to recognize that the eventual elimination of nonconforming signs as expeditiously and fairly as possible is as much a subject of health, safety, and welfare as is the prohibition of new signs that would violate the provisions of this article. It is also the intent of this article that any elimination of nonconforming signs shall be affected so as to avoid any unreasonable invasion of established property rights.

(1)

Legal nonconforming signs:

a.

A legal nonconforming sign is a sign that lawfully existed at the time of the enactment of this article that does not conform to the regulations as specified in this article.

b.

All legal nonconforming signs existing on August 1, 2016, may continue to be utilized only in the manner and to the extent that it existed at the time of the adoption of this article. In addition to any other requirements of the code, repair of a legal nonconforming sign will be allowed only up to fifty (50) percent of the fair market value of the structure. The city building official/designee shall maintain a list of all legal non-conforming signs in the city.

c.

A legal nonconforming sign may not be altered in any manner not in conformance with this article. This does not apply to reasonable repair and maintenance of the sign of less than fifty (50) percent of the fair market value of the sign structure or to a change of copy provided that by changing the copy structural alterations are not required.

d.

Any building permit for an addition, alteration, or improvement valued at more than fifty (50) percent of the fair market value of the structure or building for work at locations where any nonconforming sign exists shall specify and require that such nonconforming signs located within the boundaries of the development site, and within the limits of the applicant's control, shall be brought into conformance with the provisions of this article, provided that if the nonconforming sign is a type of sign that is prohibited under section 8.00.03, Prohibited Signs in All Zoning Districts, it shall be removed.

e.

Legal nonconforming signs that are located on a parcel of property that is severed from a larger parcel of property and acquired by a public entity for public use by condemnation, purchase or dedication may be relocated on the remaining parcel without extinguishing the legal nonconforming status of that sign provided that the nonconforming sign:

1.

Is not increased in area or height to exceed the limits of the zoning district in which it is located;

2.

Remains structurally unchanged except for reasonable repairs or alterations;

3.

Is placed in the most similar position on the remaining property that it occupied prior to the relocation; and

4.

Is relocated in a manner so as to comply with all applicable safety requirements.

After relocation pursuant to this subsection, the legal nonconforming sign shall be subject to all provisions of this section in its new location.

(2)

Signs rendered nonconforming:

a.

Except as provided in this section, a nonconforming sign may continue in the manner and to the extent that it existed at the time of the adoption, amendment or annexation of the article that rendered the sign nonconforming. This section shall not prohibit reasonable repairs and alterations to nonconforming signs.

b.

A nonconforming sign shall not be re-erected, relocated or replaced unless it is brought into compliance with the requirements of this article. An existing ground sign that conforms to the size and height limitations set forth herein, but is otherwise nonconforming, may be relocated a single time to another location on the same parcel.

c.

Any nonconforming sign shall be removed or rebuilt in full conformity to the terms of this article if it is damaged or allowed to deteriorate to such an extent that the cost of repair or restoration is fifty (50) percent or more of the cost of replacement of such sign.

d.

New or additional signs for a nonconforming use shall not be permitted.

e.

A nonconforming sign that ceases to be used for a period of six (6) months or is replaced by a conforming use, shall be considered a prohibited sign and shall be removed or brought into conformance upon establishment of a conforming use.

(3)

Signs discontinued:

a.

Sign structures that remain vacant, unoccupied or devoid of any message, or display a message pertaining to a time, event or purpose that no longer applies shall be deemed to be discontinued after six (6) months.

b.

An existing nonconforming sign shall be brought into full compliance with this code in the event of a change of occupancy as defined in the current edition of the Florida Building Code.

c.

A nonconforming sign deemed discontinued shall immediately terminate the right to maintain such sign.

d.

Within six (6) months after a sign structure has been discontinued, it shall be the responsibility of the property owner or the property owner's authorized agent to remove the discontinued sign and to patch and conceal any and all damage to any other structure resulting from removal of the sign.

e.

Removal of a discontinued nonconforming sign shall include all sign support components, angle irons, poles, and other remnants of the discontinued sign, that are not currently in use, or proposed for immediate reuse as evidenced by a sign permit application for a permitted sign.

(4)

Unsafe signs:

a.

If the building official/designee determines any sign or sign structure to be in an unsafe condition, he/she shall immediately notify, in writing, the owner of such sign who shall correct such condition within five (5) business days.

b.

If the correction has not been made within five (5) business days, the building official may have the sign removed if it creates a danger to the public safety or have any necessary repairs or maintenance performed at the expense of the sign owner or owner or lessee of the property upon which the sign is located.

c.

In the event of a state declared emergency the building official/designee may order any unsafe sign to be removed, braced, etc. regardless of the time frames specified above. The city reserves the right to have the sign removed by a city approved contractor at the owners expense.

(5)

A nonconforming sign may continue to exist so long as it is not destroyed, abandoned or discontinued. "Destroyed," "abandoned" and "discontinued" have the following meanings:

a.

"Destroyed" means more than fifty (50) percent of the upright supports of a sign structure are physically damaged such that normal repair practices of the industry would call for, in the case of wooden sign structures, replacement of the broken supports and, in the case of a metal sign structure, replacement of at least twenty-five (25) percent of the length above ground of each broken, bent or twisted support. A sign will not be considered "destroyed" within the meaning of this section where the destruction is caused by vandalism or other criminal or tortious act.

b.

A nonconforming sign is "abandoned" or "discontinued" when a sign structure no longer exists at the permitted location, or the sign owner fails to operate and maintain the sign for a period of six (6) months or longer.

(Ord. No. 16-04, § 2(Exh. A), 7-11-16; Ord. No. 23-04, § 2, 7-10-23)

(1)

Maintenance of Sign Location. For a sign requiring a sign permit, weeds and grass shall be kept cut in front of, behind, underneath, and from around the base of the sign for a minimum distance of ten (10) feet from the sign base, and there shall be no rubbish or debris within ten (10) feet of the sign base or underneath the sign.

(2)

Ingress and Egress Signs. For safety purposes and for traffic circulation purposes, permanent ingress and egress signs to a parcel are permitted provided the same do not exceed four (4) square feet in size and no more than three (3) feet in height Such signs shall not require a permit.

(Ord. No. 16-04, § 2(Exh. A), 7-11-16)

Penalties for violation of this Article VIII shall be as provided in Section 8.00.12; however, notwithstanding anything in the Land Development Code or in the St. Augustine Beach Ordinance Code to the contrary, a penalty for a violation of this Article VIII shall be limited to civil penalties only and shall not extend to any criminal penalty including but not limited to incarceration.

(Ord. No. 16-04, § 2(Exh. A), 7-11-16)

(1)

Generally. If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this Article VIII is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this article.

(2)

Severability where less speech results. Without diminishing or limiting in any way the declaration of severability set forth above in subsection (1), above, or elsewhere in this Article VIII, the St. Augustine Beach Code of Ordinances, or any adopting ordinance, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this article is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this article, even if such severability would result in a situation where there would be less speech, whether by subjecting previously exempt signs to permitting or otherwise.

(3)

Severability of provisions pertaining to prohibited signs. Without diminishing or limiting in any way the declaration of severability set forth above in subsection (1), above, or elsewhere in this Article VIII, the St. Augustine Beach Code of Ordinance, or any adopting ordinance, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this article or any other law is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this Article VIII that pertains to prohibited signs, including specifically those signs and sign types prohibited and not allowed under section 8.00.03, Prohibited Signs, of this Article VIII. Furthermore, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of section 8.00.00-8.00.13 is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of section 8.00.13 thereby ensuring that as many prohibited sign types as may be constitutionally prohibited continue to be prohibited.

(4)

Severability of prohibition on billboards. If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this article and/or any other Code provisions and/or laws are declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect the prohibition on billboards as contained in this Article VIII or in the St. Augustine Beach Code of Ordinances.

(Ord. No. 16-04, § 2(Exh. A), 7-11-16)