These sign regulations are intended to complement the requirements of the building and electrical codes adopted by the town. Wherever there is inconsistency between these regulations and the building code, electrical code or National Electric Safety Code, the more stringent requirement shall apply.

(Ord. No. 2-91, § 9.00.01, 4-29-1991)

Cross reference— Buildings and building regulations, ch. 14; utilities, ch. 42.

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 town, and shall present a neat and clean appearance. The vegetation around, in front of, behind and underneath the base of ground signs for a distance of ten feet shall be neatly trimmed and free of unsightly weeds, and no rubbish or debris that would constitute a fire or health hazard shall be permitted under or near the sign.

(Ord. No. 2-91, § 9.00.02, 4-29-1991)

The following signs are exempt from the operation of these sign regulations, and from the requirement in the Land Development Code that a permit be obtained for the erection of permanent signs, provided they are not placed within the right-of-way of any road 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)

On-premises signs of 32 square feet or less provided that the signs are no more than eight feet in height.

(3)

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 county, or the town.

(4)

Decorative flags and bunting for a celebration, convention or commemoration of significance to the entire community when authorized by the town for a prescribed period of time.

(Ord. No. 2-91, § 9.01.00, 4-29-1991)

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, the Land Development Code.

(Ord. No. 2-91, § 9.02.01, 4-29-1991)

The following signs are expressly prohibited unless exempted by section 82-3 or expressly authorized by sections 82-6—96-19.

(1)

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

(2)

Any sign that does or will constitute a safety hazard.

(3)

Blank temporary signs.

(4)

Signs with visible moving, revolving, or rotating parts or visible mechanical movement of any description or other apparent visible movement achieved by electrical, electronic, or mechanical means, except for traditional barber poles.

(5)

Signs 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.

(6)

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

(7)

Strings of light bulbs used on commercially developed parcels for commercial purposes, other than traditional holiday decorations.

(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 the Land Development Code or other ordinance of the town.

(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 be 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)

Nongovernmental signs that use the words stop, look, danger, or any similar word, phrase, or symbol.

(12)

Signs, within ten feet of public right-of-way or 100 feet of traffic control lights, that contain red or green lights that might be confused with traffic control lights.

(13)

Signs that are of such intensity or brilliance as to cause glare or impair the vision of any motorist, cyclist, or pedestrian using or entering a public way, or that are a hazard or a nuisance to occupants of any property because of glare or other characteristics.

(14)

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

(15)

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

(16)

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

(17)

Signs placed upon benches, bus shelters or waste receptacles, except as may be authorized in writing pursuant to F.S. § 337.407.

(18)

Signs erected on public property, or on private property such as private utility poles located on public property, other than signs erected by public authority for public purposes and signs authorized in writing pursuant to F.S. § 337.407.

(19)

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

(20)

Vehicle signs with a total sign area on any vehicle in excess of ten square feet, when the vehicle:

a.

Is parked for more than 60 consecutive minutes within 100 feet of any street right of way.

b.

Is visible from the street right-of-way that the vehicle is within 100 feet of; and

c.

Is not regularly used in the conduct of the business advertised on the vehicle. A vehicle used primarily for advertising, or for the purpose of providing transportation for owners or employees of the occupancy advertised on the vehicle, shall not be considered a vehicle used in the conduct of the business.

(Ord. No. 2-91, § 9.02.02, 4-29-1991)

The following types of permanent accessory signs are allowed, provided that they meet all of the requirements of the Land Development Code:

(1)

Ground signs; or

(2)

Building signs.

(Ord. No. 2-91, § 9.03.01, 4-29-1991)

(a)

Ground signs. The permissible number, area, spacing and height of permanent accessory ground signs for each multiple occupancy complex and each occupant not located in a multiple occupancy complex shall be determined according to the following tables and text:

_____

(1)

Permissible ground signs.

*Or one-fourth foot per foot of frontage along a public right-of-way, whichever is greater.

_____

(2)

Height. The maximum height for all ground signs is 18 feet or one-quarter foot per each foot of frontage on a public right-of-way, whichever is greater, to a maximum height of 65 feet.

(b)

Building signs.

(1)

Subject to the design criteria in sections 82-24—82-32, the maximum height of a building sign shall be 18 feet, except that on a building of more than two stories, a single building sign is allowed above 18 feet on each side of the building.

(2)

Each multiple occupancy complex may display one permanent accessory building sign on each side of the principal building in which the complex is located, not to exceed a sign area of up to ten percent of the facade area, as set forth in sections 82-20—82-23, measurement determinations, of each building side or 200 square feet, whichever is smaller.

(3)

Each occupant of a multiple occupancy complex may display three permanent accessory building signs on any exterior portion of the complex that is part of the occupant's unit not including a common or jointly owned area, not to exceed a total combined sign area of 15 percent of the facade area, as set forth in sections 82-20—82-23, measurement determinations, of such exterior portion or 200 square feet, whichever is smaller.

(4)

Each occupant not located in a multiple occupancy complex may display three permanent accessory building signs on each side of the principal building in which the occupancy is located, not to exceed a total combined sign area for each building side of 20 percent of the facade area, as set forth in sections 82-20—82-23, measurement determinations, of the building side or 200 square feet, whichever is smaller.

(c)

Multiple frontages. If a building has frontage on two or more streets, each frontage shall be separately considered for the purposes of determining compliance with the provisions of these regulations, but the permissible sign area for one frontage may not be combined with that permitted on another frontage to increase the permissible sign area on one frontage. However, no ground sign on one right-of-way may be closer than 100 feet to a sign on another right-of-way, measured as the sum of distances measured continuously along the rights-of-way through a common point.

(Ord. No. 2-91, § 9.03.02, 4-29-1991)

Directional signs limited in area to four square feet, giving directions to motorists regarding the location of parking areas and access drives shall be permitted as permanent accessory signs on all parcels and shall not be counted as part of an occupancy's allowable sign area.

(Ord. No. 2-91, § 9.03.03, 4-29-1991)

(a)

Generally. A permanent accessory sign may be displayed at the entrance to residential developments.

(b)

Restrictions.

(1)

One sign is permitted at each entrance into the development from each abutting street. The sign may be a single sign with two faces of equal size or may be two single-faced structures of equal size located on each side of the entrance. No face of the sign shall exceed 32 square feet in size, and may be illuminated in a steady light only. Signs larger than this dimension may be approved by the town subject to the provision of an architectural plan, blueprint and landscaping plan which indicates conformity to the design of the development.

(2)

When considering the placement of such signs, the town shall consider the location of public utilities, sidewalks and future street widenings.

(Ord. No. 2-91, § 9.03.04, 4-29-1991)

Public utility signs that identify the location of underground utility lines and facilities, high voltage lines and facilities, and other utility facilities and appurtenances are permitted so long as they do not exceed three feet in height, and so long as the sign face does not exceed one-half square foot.

(Ord. No. 2-91, § 9.03.05, 4-29-1991)

The town recognizes that, by their nature, some signs are intended from their construction to serve a temporary purpose only. Such signs shall be identified as temporary signs and shall not require a permit from the town, provided that they satisfy the restrictions imposed by this section and other relevant parts of the Land Development Code.

(Ord. No. 2-91, § 9.04.01, 4-29-1991)

Any temporary sign not complying with the requirements of this section is illegal and subject to immediate removal.

(Ord. No. 2-91, § 9.04.02, 4-29-1991)

Temporary signs that serve the following functions are allowed, subject to the provisions of the Land Development Code:

(1)

To indicate that an owner, either personally or through an agent, is actively attempting to sell, rent or lease the property on which the sign is located.

(2)

To indicate the grand opening or promotional sale for a business or other activity. Such messages may be displayed for a period not exceeding 14 days and such display shall be limited to no more than four times per year.

(3)

To identify construction in progress. Such message shall not be displayed more than 60 days prior to the beginning of actual construction of the project, and shall be removed when construction is completed. If a message is displayed pursuant to this section, but construction is not initiated within 60 days after the message is displayed, or if construction is discontinued for a period of more than 60 days, the message shall be removed, pending the initiation or continuation of construction activities.

(4)

To indicate the existence of a new business, or a business in a new location, if such business has no permanent signs. Such message may be displayed for a period of not more than 60 days or until installation of permanent signs, whichever shall occur first.

(5)

To announce or advertise such temporary uses as fairs, carnivals, circuses, revivals, sporting events, flea markets, or any public, charitable, educational or religious event or function. Such message shall be removed within five days after the special event.

(Ord. No. 2-91, § 9.04.03, 4-29-1991)

(a)

One-family and two-family residences. A parcel on which is located a single one-family or two-family residence may display not more than two temporary signs with an aggregate sign area of not more than 12 square feet, excluding real estate sign riders. No individual sign shall exceed six square feet, excluding real estate riders, nor exceed eight feet in height.

(b)

Multifamily residences. A parcel on which is located a multifamily residence may display not more than four temporary signs with an aggregate sign area of not more than 24 square feet. No individual sign shall exceed six square feet, excluding real estate riders, nor exceed eight feet in height.

(c)

On all other parcels. All other parcels may display one square foot of temporary signage per ten feet of frontage up to a maximum of 100 square feet, or 32 square feet, whichever is greater. No individual sign shall exceed 32 square feet nor exceed ten feet in height. Signs located on the same parcel erected pursuant to this section must be spaced at least 100 feet apart.

(Ord. No. 2-91, § 9.04.04, 4-29-1991)

The maximum area of a permanent outdoor advertising sign face shall be 380.88 square feet which shall include a sign face ten feet seven inches in height and 36 feet in width. Embellishments shall be a maximum of five feet above the top, five feet to each side and three feet below the bottom of the sign face; provided, however, that all embellishments shall have a minimum clearance of ten feet from the grade of the thoroughfare to which the sign is oriented.

(Ord. No. 2-91, § 9.05.01, 4-29-1991)

Permanent outdoor advertising signs which conform with the provisions of this section shall be permitted in the incorporated area of the town. Property facing thoroughfares shall be subject to the following:

(1)

Each side of a thoroughfare shall be considered separately.

(2)

V-type or back-to-back permanent outdoor advertising signs shall be considered one sign.

(3)

No two permanent outdoor advertising signs shall be spaced less than 1,000 feet apart on any thoroughfare, such distance measured along the nearest edge of the pavement between two points directly opposite the center of the signs along each side of the highway. Where an exception to this spacing may be necessary, a variance may be applied for as provided in sections 50-130—50-134 of the Land Development Code.

(4)

No permanent outdoor advertising sign shall be located in such a manner as to obscure, or otherwise physically interfere with the effectiveness of, an official traffic sign, signal or device, or obstruct or physically interfere with a driver's view of approaching or intersecting traffic.

(5)

For the purposes of determining compliance with the spacing restriction in subsection (3) of this section, the spacing shall be determined based on valid town permits, and a prior permit holder shall have priority over a later applicant in determining compliance with the spacing restrictions.

(6)

Where two or more permanent outdoor advertising signs, each of which was lawfully installed at the time of its installation, are situated closer to each other than permitted by subsection (3) of this section, then all signs except the first one installed in the town shall be nonconforming.

(7)

No permanent outdoor advertising sign, or any part thereof, shall be located less than ten feet from the nearest edge of the road right-of-way.

(8)

No permanent outdoor advertising sign shall consist of two or more sign faces stacked on top of each other or placed side by side to each other.

(9)

Permanent outdoor advertising signs shall not be established in any location having principal frontage on any street within 100 feet of any property which is used for public parks, public schools, church, courthouse, city hall or public museum having principal frontage on the same street.

(10)

No permanent outdoor advertising sign or part thereof shall be located on any property without the written consent of the owner, holder, lessee, agent or trustee.

(Ord. No. 2-91, § 9.05.02, 4-29-1991)

There shall be a minimum clearance of ten feet to the bottom of a permanent outdoor advertising sign face and a maximum height of 65 feet to the top of a permanent outdoor advertising sign face, from grade of the thoroughfare to which the sign is oriented. Any embellishments at the bottom of the sign face will be considered in determining the ten-foot minimum clearance.

(Ord. No. 2-91, § 9.05.03, 4-29-1991)

Permanent outdoor advertising signs listed as follows shall not be illuminated:

(1)

Signs which are obsolete structures not meeting construction standards, out-of-date political billboards, signs advertising defunct businesses and signs which have been erected without a building permit.

(2)

Signs which are not clean and in good repair.

(3)

Signs which are illegal under state law or regulations.

(4)

Signs that are not securely fixed on a substantial structure.

(5)

Signs which attempt or appear to attempt to regulate, warn or direct the movement of traffic or which interfere with, imitate or resemble any official traffic sign, signal or device.

(6)

Signs which are erected or maintained upon trees or painted or drawn upon rocks or other natural features.

(7)

Signs which are nonconforming and damaged or destroyed to an extent of more than 60 percent of fair market value.

(8)

Signs that prevent free ingress or egress from any doors, window or fire escape; or that are attached to a standpipe fire escape.

(Ord. No. 2-91, § 9.05.04, 4-29-1991)

All permanent outdoor advertising signs shall be constructed in accordance with the building code of the town, and no permits shall be issued pursuant to the building code until information is provided to the town demonstrating the sign will be constructed in accordance with this section. The town may order the removal and remove all signs constructed in contravention of this section in the same manner and by following the procedure for removing unsafe signs as set out in the building code.

(Ord. No. 2-91, § 9.05.05, 4-29-1991)

The facade area shall be measured by determining the area within a two-dimensional geometric figure coinciding with the edges of the walls, windows, doors, parapets, marquees, and roof slopes of greater than 45 degrees that form a side of a building or unit.

(Ord. No. 2-91, § 9.06.01, 4-29-1991)

(a)

Generally. The area of a sign shall be the area within the smallest square, rectangle, parallelogram, triangle, circle or semicircle, the sides of which touch the extreme points or edges of the sign face.

(b)

Special situations.

(1)

Where a sign is composed of letters or pictures attached directly to a facade, window, door or marquee, and the letters or pictures are not enclosed by a border or trimming, the sign area shall be the area within the smallest rectangle, parallelogram, triangle, circle or semicircle, the sides of which touch the extreme points of the letters or pictures.

(2)

Where two sign faces are placed back to back on a single sign structure, and the faces are at no point more than four feet apart, the area of the sign shall be counted as the area of one of the faces.

(3)

Where four sign faces are arranged in a square, rectangle or diamond, the area of the sign shall be the area of the two largest faces. Where a sign is in the form of a three-dimensional object, the area shall be determined by drawing a square, rectangle, parallelogram, triangle, circle or semicircle, the sides of which touch the extreme point or edges of the projected image of the sign and multiplying that area by two. The projected image is that image created by tracing the largest possible two dimensional outline of the sign.

(Ord. No. 2-91, § 9.06.02, 4-29-1991)

(a)

Generally. In general, the number of signs shall be the number of noncontiguous sign faces. Multiple noncontiguous sign faces may be counted as a single sign if all the sign faces are included in the geometric figure used for determining the sign area.

(b)

Special situations.

(1)

Where two sign faces are placed back to back and are at no point more than three feet apart, it shall be counted as one sign.

(2)

If a sign has four faces arranged in a square, rectangle or diamond, it shall be counted as two signs.

(Ord. No. 2-91, § 9.06.03, 4-29-1991)

The height of a sign shall be measured as the vertical distance from the finished grade at the base of the supporting structure to the top of the sign, or its frame or supporting structure, whichever is higher.

(Ord. No. 2-91, § 9.06.04, 4-29-1991)

All permanent signs must comply with the provisions set forth in sections 82-25—82-32 regarding design construction and location standards.

(Ord. No. 2-91, § 9.07.01, 4-29-1991)

All permanent signs, and the illumination thereof, shall be designed, constructed and maintained in conformity with applicable provisions of the building code and electrical code adopted by the town and the National Electrical Safety Code.

(Ord. No. 2-91, § 9.07.02, 4-29-1991)

(a)

Sign lighting may not be designed or located to cause confusion with traffic lights.

(b)

Illumination by floodlights or spotlights is permissible so long as none of the light emitted shines directly onto an adjoining property or into the eyes of motorists or pedestrians using or entering public streets.

(c)

Illuminated signs shall not have lighting mechanisms that project more than 18 inches perpendicularly from any surface of the sign over public space.

(Ord. No. 2-91, § 9.07.03, 4-29-1991)

(a)

Near street and driveway intersections. Signs located within a clear visibility triangle shall conform to the requirements at sections 66-47—66-50 of the Land Development Code.

(b)

In right-of-way. Supports for signs or sign structures shall not be placed in or upon a public right-of-way or public easement, except under the terms of a lease between the owner of the easement or right-of-way and the owner of the sign.

(c)

Over right-of-way. No ground sign shall project over a public right-of-way.

(d)

Blocking exits, fire escapes, etc. No sign or sign structure shall be erected that impedes use of any fire escape, emergency exit or standpipe.

(Ord. No. 2-91, § 9.07.04, 4-29-1991)

(a)

Over pedestrian ways. All signs over pedestrian ways shall provide a minimum of nine feet of clearance.

(b)

Over vehicular ways. All signs over vehicular ways shall provide a minimum of 13 feet six inches of clearance.

(Ord. No. 2-91, § 9.07.05, 4-29-1991)

A building sign shall not extend beyond any edge of the surface to which it is attached, nor disrupt a major architectural feature of the building.

(Ord. No. 2-91, § 9.07.06, 4-29-1991)

A building sign may project no more than four feet perpendicularly from the surface to which it is attached.

(Ord. No. 2-91, § 9.07.07, 4-29-1991)

The combined area of permanent and temporary signs placed on or behind windows shall not exceed 25 percent of the total window area at the same floor level on the side of the building or unit upon which the signs are displayed.

(Ord. No. 2-91, § 9.07.08, 4-29-1991)

Building signs for multiple occupancy complexes constructed or remodeled after the effective date of the Land Development Code shall conform to an approved sign format. The sign format shall be included as a submittal for authorization to erect such a sign and shall be maintained on file in the town. The format shall be presented in a plan or sketch, together with written specifications in sufficient detail to enable the town to authorize signs based on the specifications. As a minimum, the sign format shall specify the types of signs and dimensions, not to exceed the size limits contained in this chapter, which will be permitted each occupant within the complex. The sign format shall also contain common design elements, such as placement, color, shape or style of lettering, which lend a unified appearance to the signs of the occupants within the complex. The sign format may only be modified with the approval of the town upon submission of a revised plan and specifications detailing the revised format.

(Ord. No. 2-91, § 9.07.09, 4-29-1991)

The recognition and preservation of landmark and historic signs promotes the cultural and general welfare of the public.

(Ord. No. 2-91, § 9.08.01, 4-29-1991)

Cross reference— Historic preservation, ch. 62.

(a)

Initiation of designation process. Designation of a landmark/historic sign may be proposed by the property owner. The property owner shall file a petition for designation in the town. The town shall hold a public hearing on the petition and shall notify the property owner by certified mail at least seven days in advance of the hearing. Notice of the public hearing shall also be published in a newspaper of general circulation at least seven days in advance.

(b)

Designation report. Within 30 days after filing of a petition of designation, the town planner shall prepare a written designation report on the sign and submit such report to the town council for review and approval. The report shall contain a statement of the landmark/historic significance sign proposed for designation and shall include photographic documentation of the sign. The report shall be accompanied by a recommendation from the town planner upon the proposed designation.

(c)

Designation process; council vote. At the close of the public hearing on the designation of the landmark/historic sign, the council shall vote to recommend in favor of the proposed designation or shall vote against the proposed designation.

(d)

Criteria for designation. The criteria to be applied by the town council in the designation of a landmark/historic sign shall be as follows:

(1)

The sign is significant to the history of the town, including, but not limited to, the character of the town as a tourist destination or cultural center.

(2)

The sign is unique, notably aesthetic, or creative so as to make a significant contribution as a work of art.

(3)

The sign merits recognition as an important example of technology, craftsmanship, materials or design of the period in which it was constructed and it may no longer be economically feasible to produce or manufacture the sign today.

(4)

The sign is incorporated into the architecture of the building, so as to be essential to the integrity of the building.

(Ord. No. 2-91, § 9.08.02, 4-29-1991)

Signs that have been designated as landmark/historic signs shall be exempt from the provisions of subsections 50-154(c) and (d) concerning the deadline for removal of nonconforming signs.

(Ord. No. 2-91, § 9.08.03, 4-29-1991)

In addition to any regulation applying to signs in general, the following regulations shall apply to portable signs:

(1)

Portable signs shall comply with the same setback and sight distance requirements as all other signs.

(2)

No portable signs shall be illuminated by or contain flashing, intermittent, rotating or moving lights. No portable sign shall be animated.

(3)

Portable signs shall be used only for on-premises advertising and shall not be used on billboards.

(4)

Portable signs shall be limited to one per business.

(5)

Subject to the provisions of this chapter, portable signs may be permitted adjacent to collector and arterial roadways.

(6)

In addition to any other remedies provided for in this chapter, the town shall have the authority to remove and impound any portable sign which remains on any public right-of-way 48 hours after delivery of notice to remove the sign from the public right-of-way. Impounded signs shall be disposed of within ten days after notice has been provided to the owner of the sign.

(Ord. No. 2-91, § 9.09.00, 4-29-1991)

Nonconforming signs shall be subject to the provisions of subsections 50-154(c) and (d).

(Ord. No. 2-91, § 9.10.00, 4-29-1991)

All persons desiring to engage in the covered occupation as a specialty sign contractor in the town shall, upon payment of the registration fee, register with the town council.

(Ord. No. 2-91, § 9.11.00, 4-29-1991)