(a)

These sign regulations are intended to complement the requirements of the adopted building and electrical codes. In case of an inconsistency between these regulations and the building or electrical code, the more stringent requirement shall apply. Unless otherwise provided in this article, the regulations herein apply to all signs in the City.

(b)

It is unlawful for any person to display untrue, false or misleading statements upon signs, billboards, or other public places, calculated to mislead the public as to anything sold, any services to be performed, or information disseminated. The fact that any such sign or display shall contain words or language, sufficient to mislead an ordinary person in reading the same, shall be prima facie evidence of a violation of this section by the persons displaying such sign, or permitting same to be displayed at their residence, establishment or place of business.

(c)

All signs shall be required to have a permit indicating compliance with this chapter. No sign shall be constructed, altered or extended until such permit has been issued by the building division. Temporary signs for special events, temporary window signs, real estate signs and political signs do not require a permit.

(d)

Street address numbers are assigned by the post office and are required for all buildings. The numbers shall be at least three (3) inches high and visible from the public thoroughfare.

(e)

No sign shall be above the highest point of the roof line of the building to which it is attached, except on U.S. 17. In no case shall the height of a sign or sign structure, exceed the height limit for buildings and structures in the zoning district in which it is located. Every sign and sign structure shall be setback from the front property line a minimum of three (3) feet. This shall be measured from the edge of the sign or sign structure, nearest the front property line.

(f)

These regulations shall not apply to vending machines, gasoline pumps, telephone booths, newspaper racks, "take-out" or "pick-up" windows and menus posted for reading in drive-in restaurant parking lots. No placement of such equipment or machines shall create or cause a safety hazard for either pedestrian or vehicular traffic.

(g)

Newspaper racks, vending machines and any facility dispensing merchandise or a service should be confined within a space that is part of or adjacent to a building so as to be an aesthetic asset to the building and the neighborhood.

(h)

These regulations do not regulate the content of the message of the sign. It is recommended that the content of the sign identify the business rather than advertise its products. Product names or trade names should not be permitted within a sign unless the trade name is part of the occupant's name or the product identified constitutes over twenty-five (25) percent of the total business done on the premises.

(i)

Reader boards or price signs with removable copy may be allowed, providing the readerboard is included in the allowed sign area, does not constitute more than one-third (⅓) of the allowed sign area of any one (1) side of the sign and is architecturally integrated into the sign.

(j)

All signs must be legible, well painted, in good repair, properly maintained and sturdy enough to permit those persons working on the signs to do so in safety. 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 Winter Haven, 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 (10) 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.

(k)

It is recommended that all signs be removable so as to minimize potential expense to the owner.

(l)

Signs exceeding thirty-two (32) square feet must be designed by a professional engineer for structural integrity reasons. The sealed engineering plans must accompany the request for a permit.

(Ord. No. O-00-09, Art. 4 (4.01.00), 4-24-00; Ord. No. O-01-30, § 1, 5-14-01)

The following signs shall be permitted anywhere within the City and shall not require a permit, except as provided herein, but may require approval of placement, design and duration by the building division:

(a)

Construction signs which identify the architects, engineers, contractors and other individuals or firms involved with the construction.

(1)

These signs shall not include any advertisement of any products.

(2)

These signs may announce the character of the building enterprise or the purpose of which the building is intended during the construction period.

(3)

These signs may not exceed sixteen (16) square feet in area in residential areas and thirty-two (32) square feet in commercial areas for each firm.

(4)

The signs shall be confined to the site of the construction, shall be allowed upon issuance of a building permit, and shall be removed within fourteen (14) days of the beginning of the intended use of the project, or within thirty (30) days from the date the last unit or parcel is sold or is put to use, whichever is later.

(5)

Any construction project which has more than two hundred (200) feet of street frontage or has more than forty thousand (40,000) square feet of land shall be allowed an additional sign not to exceed one hundred (100) feet stating or showing the characteristics of the improvements undertaken on the site. The sign shall be allowed upon the issuance of a building permit, shall not exceed eighteen (18) feet in height, and shall be located not less than forty (40) feet from the right-of-way of a street and not less than eighty (80) feet from any adjacent property.

(b)

Real estate signs advertising the sale, rental or lease of the premises or part of the premises on which signs are displayed.

(1)

These signs may be up to a total area of sixteen (16) square feet in residential areas and thirty-two (32) square feet in all other areas.

(2)

For new residential subdivisions, a sign with an area up to thirty-two (32) square feet shall be permitted until sixty (60) percent of the lots are sold.

(3)

Such signs shall be removed within fourteen (14) days of the sale, rental or lease.

(c)

Political signs announcing the candidate seeking political office.

(1)

All political candidates shall be deemed personally responsible for compliance with the provisions of this paragraph and to that end, each candidate supplying campaign posters which qualify as temporary signs as herein set forth, shall be required to post a cash bond in the sum of one hundred dollars ($100.00) with the City, or execute a guarantee agreement reimbursing the City for any costs incurred in the removal of political campaign signs, and such agreement shall be also executed by two (2) adult residents of the City. All such cash bonds shall be refunded to candidates upon the certification of the planning and community development department that the political signs have been removed within the fourteen (14) days. In the event that a candidate's signs are placed on public property or should such signs not be removed within the fourteen-day period, then the City shall either entreat the candidate's one hundred dollars ($100.00) cash bond or collect the cost of removal from the candidate or his guarantor.

(2)

These signs shall be removed within fourteen (14) days after the election for which they are made. If the election was a primary and the candidate won, then the signs may remain until fourteen (14) days after the next election.

(3)

These signs may be up to an area of thirty-two (32) square feet per premises in all residential zoning districts.

(4)

These signs may be up to an area of the maximum size allowable for commercial signs within other zoning districts.

(5)

These signs shall be confined within private property not closer than three (3) feet from the adjacent property or any present sidewalk.

(6)

Where no sidewalk exists, these signs shall be at least nine (9) feet from the edge of pavement.

(d)

Street banners advertising a public entertainment or event.

(1)

The size, location, and other features of street banners shall only be permitted through the building division.

(2)

The banners may only be placed on the property up to twenty-one (21) days before the event and remain up to seven (7) days after the event.

(e)

Shop window signs in a window display of merchandise when incorporated with such display.

(Ord. No. O-00-09, Art. 4 (4.02.00), 4-24-00; Ord. No. O-02-07, § 1, 3-25-02)

The following types of signs are exempt from all of the provisions of this article, except for construction and safety regulations:

(a)

Signs of a noncommercial nature and in the public interest, erected by, or on the order of, a public officer in the performance of his public duty, such as safety signs, danger signs, trespassing signs, traffic signs, memorial plaques, signs of historical interest and the like.

(b)

Signs setting forth the name or any simple announcement for any public, charitable, educational or religious institutions, located entirely within the premises of that institution, up to an area of thirty-two (32) square feet. There shall be not more than one (1) such sign per street frontage. Such signs may be illuminated in accordance with the regulations contained hereinafter. If building mounted, these signs shall be flat wall signs and shall not project above the roof line. If ground mounted, the top shall be no more than six (6) feet above ground level and set back so as not to cause any traffic hazard. Sign greater than thirty-two (32) square feet in area or six (6) feet in height require a permit.

(c)

Signs directing traffic movement onto a premises or within a premises, not exceeding three (3) square feet in area for each sign. Illumination of these signs shall be permitted in accordance with the section hereinafter included on illumination.

(d)

Signs not exceeding two (2) square feet in area, attached flat against the building, stationary and not illuminated, announcing only the name and occupation of the building tenant, provided that such sign, or combination of such signs, does not constitute a sign prohibited by section 21-244 of this Code. This category includes home occupation signs in residential districts. Home occupations may have a sign which shall be mounted flat against the residence not to exceed two (2) square feet in area. Home occupations such as inns or tearooms or antique stores in historic districts established in accordance with section 21-61 of this Code, may have a pole-mounted, swinging sign up to four (4) square feet in sign area, in the tradition of signs of the historic period. If the sign is lighted, the sign may not be lit after 11:00 p.m. in residential zoning districts.

(e)

A office directory sign not exceeding two (2) square feet per tenant in area, stationary and not illuminated, located on the premises, announcing only the name, location and occupation of each building tenant.

(f)

Holiday lights and decorations provided such items are removed no later than thirty (30) days after the holiday being celebrated; and religious displays erected on church grounds.

(g)

Signs carried by a person.

(Ord. No. O-00-09, Art. 4 (4.03.00), 4-24-00)

The following types of signs are prohibited in all districts:

(a)

Signs that contain statements, words, or pictures of an obscene, indecent, or immoral character, such as will offend public morals or decency.

(b)

Signs that contain or are an imitation of an official traffic sign or signal or contain the words stop, go slowly, caution, danger, warning, or similar words.

(c)

Signs that are of a size, location, movement, content, coloring, or manner of illumination which may be confused with or construed as a traffic-control device or which hide from view any traffic or street sign or signal.

(d)

Signs that advertise an activity, business, or product or service no longer conducted on the premises upon which the sign is located.

(e)

Signs that contain or consist of banners, posters, pennants, ribbons, streamers, strings of light bulbs, spinners, or other similar moving devices. These devices when not part of any sign are similarly prohibited, unless they are permitted specifically by other legislation.

(f)

Abandoned signs.

(g)

Signs that are in violation of the adopted building or electrical codes.

(h)

Any sign that, in the opinion of the building official, constitutes a safety hazard.

(i)

Blank temporary signs.

(j)

Signs attached to trees, telephone poles, public benches, streetlights, or signs placed on any public property or public right-of-way.

(k)

Signs placed on vehicles or trailers that are parked or located for the primary purpose of displaying said sign (this does not apply to permitted portable signs or to signs or lettering on buses, taxis, or vehicles operating during the normal course of business).

(l)

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.

(m)

Any sign obstructing any traffic visibility.

(n)

Signs with lights or illuminations that flash, move, rotate, blink, flicker, or vary in intensity or color, except on theater marquees and time-temperature-date signs.

(o)

Illuminated signs of such intensity or brilliance as to cause glare or impair the vision of motorists, cyclists, or pedestrians using or entering a public right-of-way, or that are a hazard or nuisance to occupants of any property because of glare or other characteristics.

(p)

Signs emitting sound, odor, smoke, or steam.

(q)

Other than street address numbers, no person shall paint, paste, print or nail any banner, sign, paper sign or any advertisement or notice of any kind whatsoever, or cause same to be done, on any curbstone, flagstone, pavement or any other portion or part of any sidewalk or street, or upon any trees, lamppost, telephone or telegraph pole, hydrant, bridge, workshop or tool shed, or upon any structure within the limits of any street within the City.

(r)

Murals that are used as advertising. Murals may not contain any words, names, logos, or pictures of products or services offered within the building that they are painted on, or any other business. Murals are considered artwork and may not by themselves be used as an advertising sign, but may be employed in combination with a legal and permitted sign.

(s)

Roof signs projecting above the highest point of the roof.

(t)

All signs not specifically permitted are prohibited.

(Ord. No. O-00-09, Art. 4 (4.04.00), 4-24-00)

(a)

Signs in residential districts.

(1)

No sign shall be allowed in single-family residential districts except temporary signs and exempt signs.

(2)

A multiple-family dwelling or complex of multiple-family dwellings shall be permitted one (1) sign per street frontage, identifying the dwelling or complex of dwellings, which sign shall be permitted a total sign area two (2) square feet for each dwelling unit, but a maximum total area shall not, in any event, exceed thirty-two (32) square feet.

(3)

Signs permitted in residential zones may be located anywhere on the premises, except as restricted herein except that they may not project beyond any property lines and except that, if building mounted, shall be flush mounted, shall not be mounted on any roof of the building and shall not project above the roof line.

(4)

Home occupations may have a sign which shall be mounted flat against the residence not to exceed two (2) square feet in area. Inns or tearooms or antique stores, or similar uses located in historic districts, may have a pole-mounted, swinging sign up to four (4) square feet in sign area, in the tradition of signs of the historic period. If the sign is lighted, the sign may not be lit after 11:00 p.m. in residential zoning districts.

(b)

On-site commercial, professional and industrial use signs, including churches.

(1)

This section shall apply to all zones designated by this Code as professional, commercial, and industrial. Signs shall be limited to a maximum of twenty-five (25) feet in all areas of the City and forty (40) feet for shopping center signs.

(2)

A total sign area of two (2) square feet for each lineal foot of building street frontage or one (1) square foot for each lineal foot of lot street frontage, whichever results in a larger sign area, but the maximum total area of all permitted signs for any establishment, business or building shall not exceed two hundred (200) square feet, except as provided in (7) below, and provided that any business whose main building is set back more than one hundred (100) feet from the street on which it fronts and whose sign or signs are to be placed on the building, then such business shall be allowed an additional twenty-five (25) percent of the above allowance for each additional one hundred (100) foot setback.

(3)

Except in regional shopping centers which have been specifically provided for in (7) below, any theater or auditorium having entrances on two (2) parallel streets and lying more than one hundred fifty (150) feet from any public road shall, in addition to the sign or signs permitted herein, be entitled to one (1) additional freestanding sign within twenty-five (25) feet of the right-of-way, the total area of such sign not to exceed two hundred (200) square feet, and providing further that such sign shall be provided for the purpose of giving notice of the schedule of plays, films, programs, events or trade names.

(4)

Except in regional shopping centers, any business having a public entrance or entrances on more than one (1) or facing more than one (1) street shall be permitted an additional identification sign or signs not to exceed an additional fifty (50) percent of the allowable sign provided in (2) above.

(5)

Where frontage is on more than one (1) street, the additional fifty (50) percent allowable size shall be restricted to a sign or signs on the secondary street.

(6)

Only one (1) side of a double-faced sign shall be considered in computing square footage requirements for limitations.

(7)

In a regional shopping center, freestanding signs shall be allowed with a total sign area for the center not to exceed one thousand one hundred (1,100) square feet, which shall be allowed independently from the sign area allowed above.

a.

No freestanding sign shall exceed three hundred (300) square feet or be less than one hundred (100) square feet in size; and in no event shall more than seven (7) freestanding signs be allowed in the center.

b.

The height of such signs will not exceed forty (40) feet from grade at the base of sign.

c.

These signs may be utilized to identify the shopping center and/or individual stores, at the exclusive option of the shopping center owner.

d.

In addition, one (1) copy box not to exceed fifty (50) square feet shall be allowed for the announcement of community events.

(8)

Locations.

a.

Signs may be flat wall signs and located anywhere on the surface of the building.

b.

Signs may project beyond the property line only where there is no building setback or a requirement for the same, and then, may project not more than six (6) feet beyond the street property line but no closer than three (3) feet to a curbline.

c.

Signs must have a minimum clearance of ten (10) feet above a public sidewalk and fifteen (15) feet above public driveways or alleys.

d.

When a projecting sign is closer than twelve (12) feet to a corner of the establishment, business or building, its projection shall be no more than a distance equal to one-half (½) the horizontal distance from the sign to that corner.

e.

Where a building does not cover the full area of the property, a sign may be freestanding, or ground-supported and may be located anywhere within the property lines, but not closer than three (3) feet from the adjacent property and/or located from any present or proposed sidewalk, whichever results in the farthest setback. Such a sign may extend up to thirty (30) feet above the nearest curb or street level required by this chapter.

f.

Signs may be on the vertical faces of marquees and may project below the lower edge of the marquee not more than twelve (12) inches. The bottom of the marquee signs shall be no less than eight (8) feet above the sidewalk or grade at any point. No part of the sign shall project above the vertical marquee face.

(9)

No sign shall be located on unimproved real property.

(10)

Not more than one (1) freestanding sign shall be allowed for each two (2) hundred (200) feet of street frontage or portion thereof for each business, provided further, that any business entitled to more than one (1) such sign shall place such signs at least two hundred (200) feet apart.

(11)

In addition to the sign area permitted by subparagraph (2) of this section, every drive-in type business shall be permitted one (1) freestanding, portable or permanent, double-faced sign, not to exceed sixteen (16) square feet on each side.

(c)

Freestanding portable signs.

(1)

Each property is limited to one (1) freestanding portable or nonpermanent type sign at any given time, which sign may not exceeding thirty-two (32) square feet in area.

(2)

May be placed upon the premises of any establishment, business or industry, during periods of grand openings, remodeling and special promotions for a period not to exceed thirty (30) days.

(3)

Such portable or nonpermanent sign shall not be permanently attached to the ground, shall be approved by the building official for strength, sturdiness and safety, and may use changeable lettering and be illuminated.

(4)

No portable or nonpermanent type sign shall be erected or placed in the City without a permit issued by the building official.

(5)

A permit shall not be issued more often than twice each calendar year.

(d)

Off-premises signs. An off-premises commercial sign may be posted on the property of an existing commercial business if the owner of the business is willing to give up a portion of his maximum sign allowance to the off-premises sign, and shall only be posted at the intersection of a street or road that provides direct access to the business being advertised.

(1)

The total square feet of the off-premises sign plus the signs of the business on which the off-premises sign is posted may not exceed the maximum allowed for the principal business located on the property. An off-premises sign may not exceed the length of the principal sign nor one-half (½) the width of the principal sign.

(e)

Industrial or business park signs. Signs for industrial or business parks shall conform to the following regulations:

(1)

No industrial park shall have more than one (1) identification sign at any entrance to the park and no two (2) identification signs shall be closer than one thousand five hundred (1,500) lineal feet to each other.

(2)

Signs identifying the industrial park shall be limited in size to those not exceeding one hundred (100) square feet or one (1) square foot per five (5) lineal feet of frontage of the street on which the sign faces, whichever is less. These signs shall not be over ten (10) feet in height above grade.

(3)

The only structural, freestanding signs allowed shall include those signs necessary for directional and information purposes (not exceeding four (4) square feet in size per sign) and those necessary to identify the industrial park.

(Ord. No. O-00-09, Art. 4 (4.05.00), 4-24-00)

Billboards, outdoor advertising structures, poster panels (referred to as billboards) are hereby defined as signs, advertising products, services or businesses, not connected with the site or building on which such sign or signs are located.

(1)

Billboards shall be allowed only on unimproved real property within business or industrial districts, excepting business-professional zones that are adjacent to arterial streets as defined in the major street and base building line ordinance.

(2)

Billboards are not less than on hundred fifty (150) square feet nor more than four hundred (400) square feet.

(3)

Billboards shall be set back at least forty (40) feet from the street right-of-way or conform to the base building line, whichever is greater, providing that in any event a setback shall be not less than fifty (50) feet from any intersection, and shall not be placed closer than three hundred (300) feet from another billboard or improved real property as measured parallel to the street.

(4)

Billboards shall not exceed eighteen (18) feet in height, except in locations having unusual or steep grades, the building and zoning director may issue permits for billboards not exceeding feet thirty (30) feet in height where the terrain and circumstances justify and reasonably require the additional height of such billboards.

(5)

Should any billboard otherwise meeting the requirements set forth hereinabove lie within three hundred (300) feet of each other as measured parallel to the street, then such billboard which was installed earlier in point of time shall be allowed to remain and the other, or others, shall be removed.

(6)

No billboards other than freestanding shall be allowed.

(7)

Double-faced billboards connected, but angled at not more than forty-five (45) degrees shall be considered as a single billboard and the area set forth above and the required square footage shall be computed on the basis of one (1) face only.

(Ord. No. O-00-09, Art. 4 (4.06.00), 4-24-00)

(a)

Signs existing at the time of the enactment of this article in compliance with the previous ordinances and regulations but not conforming to the provisions of this article, shall be permitted to continue as nonconforming signs, subject to the following conditions:

(1)

Nonconforming signs shall be maintained in a safe condition that meets all the requirements of the building code adopted by the City and shall not in any respect be dangerous to the public or to the property. Nonconforming signs that become damaged from any cause whatsoever, or if renovation of the sign is undertaken, and such damage or renovation will cost in excess of fifty (50) percent of the average of the original sign cost, the most recent appraised Polk County valuation, and estimated replacement cost, shall be removed or made to conform within ninety (90) days from date of damage or simultaneous with renovation.

(2)

Any changes in the copy, alteration, or modification shall not be permitted if the cost of such copy, alteration and modification exceeds fifty (50) percent of the average of the original sign cost, the most recent appraised Polk County valuation, and estimated replacement cost. Provided further, that in no case shall the degree of nonconformity be increased.

(3)

Nonconforming signs that are changed, altered, modified, or damaged to any extent, or changed in a manner requiring the issuance of a sign permit, shall be required to meet the height limitation as defined in Article II.

(b)

If, at any time, any sign should become in violation of the above conditions, the owner, agent, or persons having beneficial use of the structure or land on which such sign is located shall immediately abate or remove such sign.

(Ord. No. O-00-09, Art. 4 (4.07.00), 4-24-00)

(a)

All signs and components thereof shall be kept in good repair and in safe, neat, clean and attractive condition.

(b)

Whenever it appears to the building official that any sign has been constructed, erected or is being maintained in violation of any of the terms of this article, or after a permit therefor has been revoked or become void, or that a sign is unsafe or insecure or in such condition as to be a menace to the safety of the public, he shall thereupon issue a notice in writing to the owner of the sign or to the owner or tenant of the premises upon which the sign is erected or maintained, informing such person of the violation or of the dangerous condition of such sign and directing him/her to make such alteration or repair or do such things or acts as are necessary to make the same comply with the requirements of this article within such reasonable time limit as shall be stated in such notice which, in no case, shall be less than twenty (20) days or more than sixty (60) days. Such notice may be given by personal service, by depositing a copy thereof in the U.S. mail in a postage prepaid wrapper addressed to the street address of the premises upon which such sign is erected or maintained, or by posting a copy thereof on the premises upon which such sign is erected or maintained. Upon failure to comply with such notice within the time mentioned therein, the building official shall cause such sign or such parts thereof as is constructed or maintained in an unsafe condition or otherwise in violation of this article, to be removed, altered or repaired so as to make it a conforming sign and shall charge the expense thereof to the persons so notified and such charge shall stand as a lien against the real property involved. When any sign is in such condition as to be an immediate hazard and peril to the safety of the public or to property, the building official is hereby authorized to cause such signs to be removed summarily and without notice. Any costs of removal incurred by the City shall be assessed to the owner of the property on which such sign is located and may be collected in the manner of ordinary debt or in the manner of taxes and such charge shall be a lien on the property.

(c)

Any nonstructural sign shall be immediately removed by the owner or lessee of the premises upon which the sign is located when the business which it advertises is no longer conducted on the premises. Structural signs shall be removed by the owner or lessee of the premises upon which the sign is located when the business which it advertises has not been conducted on the premises for six (6) months and no new business is presently conducted on the premises. If the owner or lessee fails to remove it, the building official shall give the owner fifteen (15) days written notice to remove it. Upon failure to comply with this notice, the building official or his duly authorized representative may remove the sign at cost to the owner.

(Ord. No. O-00-09, Art. 4 (4.08.00), 4-24-00)

(a)

No sign shall be erected, altered or relocated without a permit issued by the building official, except as otherwise provided herein. Where electrical permits are required, they shall be obtained at the same time as the sign permit.

(b)

The permit application shall contain the location of the sign structure, the names and addresses of the sign owner and of the sign erector, drawings showing the design and location of the sign and such other pertinent information as the building official may require to ensure compliance with this Code. Any sign erector, other than the owner of the premises where any such sign is to be erected, shall be a sign contractor licensed by the City.

(c)

Fees for sign permits shall be as fixed from time to time by the City commission and the commission may set fees for nonconforming signs.

(d)

A sign permit shall become null and void if the work for which the permit was issued has not been completed within a period of six (6) months after the date of the permit.

(e)

The following operations shall not be considered as creating a sign, and therefore, shall not require a sign permit:

(1)

The changing of the advertising copy of a message on a legally approved painted or printed sign or billboard or on a theater marquee and similar approved signs which are specifically designated for the use of replaceable copy.

(2)

Painting, repainting, cleaning and other normal maintenance and repair of a sign or a sign structure unless a structural change is made.

(f)

Temporary signs and exempt signs under this article are also exempt from permit requirements.

(Ord. No. O-00-09, Art. 4 (4.09.00), 4-24-00)