CHAPTER 16 - ARTICLE XI SIGNS*

Transcription

1 Development Services CHAPTER 16 - ARTICLE XI SIGNS* DIVISION 1. GENERALLY Sec Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Advertising means any form of public announcement intended to aid, directly or indirectly, in the sale, use, or promotion of a product, commodity, service, activity, or entertainment. Area or surface area of signs means the square-foot area enclosed by a rectangle, parallelogram, triangle, circle, semi-circle, other geometric figures, or other architectural design, the sides of which make contact with the extreme points or edges of the sign, excluding the supporting structure which does not form part of the sign proper or of the display. The area of a sign composed of characters or words attached directly to a large, uniform building wall surface shall be the smallest rectangle, triangle, circle, parallelogram, other geometric figure, or other architectural design which encloses the whole group of words or characters. Artwork means drawings, pictures, symbols, paintings (including the painting of patterns or designs) or sculpture which in no way identify a product or business and which are not displayed in conjunction with a commercial, for profit or nonprofit enterprise. Banner means any sign of lightweight fabric or similar material that is mounted to a pole, a wire or a building at one or more edges. Flags shall not be considered banners. Beacon means a stationary or revolving light which flashes or projects illumination, single color or multicolored, in any manner which is intended to attract or divert attention; except, however, this term is not intended to include any kind of lighting device which is required or necessary under the safety regulations described by the Federal Aviation Administration or similar agencies. Building official means the Mayor or the designee thereof, responsible for the administration, interpretation and enforcement of the building codes of the City. Building setback line means a line beyond which no building may extend, as established by ordinance. A building setback line, in some instances, may coincide with the property line. Bulletin board means a sign of permanent character, but with removable letters, words, numerals or symbols, indicating the names or persons associated with, or events conducted upon, or products or services offered upon, the premises upon which such a sign is maintained. Business establishment means any individual person, nonprofit organization, partnership, corporation, other organization or legal entity holding a valid occupational license and occupying distinct and separate physical space. Page 1 of 29 Rev. 3/3/05

2 Changeable copy sign means a portion of a sign upon which message copy may be changed manually through the utilization of attachable letters, numbers, symbols, and other similar characteristics. Double-faced sign means a sign which has two display surfaces backed against the same background, one face of which is designed to be seen from one direction and the other from the opposite direction, every point on each face being either in contact with the other face or in contact with the same background. Erect means to build, construct, attach, hang, place, suspend or affix, and shall also include the painting of signs. Facade means the side of a building below the eaves. Flag means any fabric, banner or bunting containing distinct colors, patterns or symbols, used as a symbol of a government, political subdivision, corporation, business, or other entity. Frontage means the length of the property line for a parcel which runs parallel to, and along, a road right-of-way or street, exclusive of alleyways. (1) Building frontage means the single facade constituting length of building or that portion of a building occupied by a single office, business, or enterprise abutting a street, parking area, or other means of customer access such as an arcade, mall, or walkway. Ground level means the lower of finish grade of a parcel of land exclusive of any filling, berming, mounding or excavating solely for the purpose of locating a sign. Ground level on marina docks or floating structures shall be the lower of finish grade of the landward portion of the adjoining parcel. Height means the vertical distance measured from ground level nearest the base of the sign to the highest point of the sign. Maintenance means the replacing, repairing or repainting of a portion of a sign structure, periodically changing changeable copy or renewing copy which has been made unusable by ordinary wear or weather or accident. Mayor means the Mayor or the designee thereof. Multiple dwelling means any building comprised of more than one family dwelling unit. Multi-tenant building means a building where more than one business may be located above the first story or otherwise be without frontage on a public right-of-way. Parapet means a false front or wall extension above the roof line of a building. Pennant means any series of small flag-like or streamer-like pieces of cloth, plastic or paper, or similar material attached in a row to any staff, cord, building, or at only one or two edges, the remainder hanging loosely. Property means the overall area represented by the outside boundaries of a parcel of land or development. Shopping center or business center means a group of three or more business establishments within a single architectural plan, with common ownership of property, or cooperative or condominium ownership. Sign means any device, fixture, placard or structure that uses any color, form, graphic, illumination, architectural Page 2 of 29 Rev. 3/3/05

3 style or design or writing to advertise, attract attention, announce the purpose of, or identify the purpose of a person or entity, or to communicate information of any kind to the public. "Sign" includes sign structure. Signs shall include but shall not be limited to the following signs: (1) A-frame or sandwich sign means a portable sign which is ordinarily in the shape of an "A" or some variation thereof. (2) Animated sign means any sign, except for time and temperature signs, which includes action, motion, the optical illusion of action or motion or color changes of all or any part of the sign face, requiring electrical energy or set in motion by movement of the atmosphere or a sign made up of a series of sections that turn and stop to show two or more pictures or messages in the copy area. "Animated sign" does not include electronic message center signs or tri-vision signs. (3) Attached sign means any sign attached to, on, or supported by any part of a building (e.g. walls, integral roof, awning, windows, or canopy) which encloses or covers usable space. (4) Bench sign/bus shelter sign means a bench or bus shelter upon which a sign is drawn, painted, printed, or otherwise affixed thereto. (5) Canopy (awning) sign means any sign that is a part of or attached to an awning, canopy, or other fabric, plastic or structural protective cover over a door, entrance, window, or outdoor service area. (6) Construction sign means any sign giving the name of principal contractors, architects, or lending institutions responsible for construction on the site where the sign is placed, together with other site information included thereon. (7) Damaged sign means a sign missing more than twenty-five percent (25%) of one or more sides of a sign face. (8) Directional sign means any sign which exclusively contains information providing direction or location of any object, place, or area including but not limited to, a sign indicating an avenue of ingress or egress. (9) Electronic message center sign means a sign by which the message copy may be electronically changed and controlled. The term includes, but is not limited to, time and temperature signs. (10) Exempt sign means a sign for which a permit is not required, but which must, nonetheless, conform to the other terms and conditions of this article. (11) Free speech sign means those signs protecting residents First Amendment right to free speech in order to express any lawful non-commercial message. Free Speech may not contain any commercial message. (12) Freestanding sign means any sign supported by structures or supports that are placed on or anchored in the ground and that are independent of any building or other structure. (13) Identification sign means any sign which indicates no more than the name, address, company logo and occupation or function of an establishment or premises. (14) Gasoline price display sign means a changeable copy sign, typically mounted on a freestanding sign, which displays the prices of gasolines for sale. Page 3 of 29 Rev. 3/3/05

4 (15) Large facility sign means a sign erected on a site consisting of twenty (20) acres or more and which contains an arena, theater or other place of public assembly with twenty thousand (20,000) or more fixed seats. (16) Menu sign (for drive-through establishments) means a product sign placed so as to be viewed from a drivethrough lane and contains only a listing of products, with prices, offered for sale by the business and may provide a mechanism for ordering products while viewing the sign. (17) Nonconforming sign means any sign that does not conform to the requirements of this article. Prohibited signs are not non-conforming signs. (18) Off-premises sign means any sign identifying or advertising a product, business, person, activity, condition, or service not located or available on the same zone lot where the sign is installed and maintained. (19) On-premises sign means any sign which identifies a use, business or advertises a product for sale or service to be rendered on the zone lot where the sign is located. (20) Political sign means any sign which constitutes a political advertisement which the primary purpose is related to the candidacy of any person for public office or any issue which has been submitted for referendum approval. (21) Portable sign means any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, any sign designed to be transported by means of wheels; a sign converted from an A-frame; a menu or sandwich board sign; balloon and other inflatable used for advertising. (22) Projecting sign means any sign affixed perpendicularly to a building or wall in such a manner that its leading edge extends more than six inches beyond the surface of such building or wall. (23) Public/semipublic sign means any sign erected on-site for a nonprofit or quasi-public use such as a library, school, church, hospital, or government owned building. In addition, Public/semipublic is a major Future Land Use Plan classification which includes the following Plan categories: Preservation, Recreation/Open Space, Institutional, and Transportation/Utility. The characteristics of these categories shall be used in determining whether or not a use is public/semipublic. (24) Real estate sign means any sign advertising the sale, rental or lease of premises, or part of the premises, on which the sign is displayed. (25) Roof sign means any sign erected and constructed wholly on and over the roof of a building, supported by the roof structure. a. Integral roof sign means any sign erected or constructed as an integral or essentially integral part of a normal roof structure of any design, such that no part of the sign extends vertically above the highest portion of the roof and such that no part of the sign is separated from the rest of the roof by a space of more than six inches. Any integral portion of the roof shall not extend more than five feet above the structural roof. (26) Snipe sign means a sign which is tacked, nailed, posted, pasted, glued, or otherwise attached to trees, poles, fences, or to other objects, with the message appearing thereon not applicable to the present use of the premises or structure upon which the sign is located. Page 4 of 29 Rev. 3/3/05

5 (27) Subdivision sign means a sign which contains only the name of a platted subdivision or other residential development. (28) Temporary Approved sign means a sign approved by the POD for up to forty-five (45) days when an applicant demonstrates a hardship while applying for a variance from this article. (29) Tri-vision sign means a sign which contains a number of triangular tubes, called prisms, standing upright and kept in place by a frame. Advertising copy is painted or affixed to the prisms, and the sign thereby can separately display three different messages. The prisms that stand closely together are turned simultaneously by a smooth movement at determined intervals. The advertising message on a tri vision sign is stationary for determined intervals. (30) Umbrella sign shall mean a sign printed on umbrellas used for legal outdoor eating and drinking establishments, pushcarts, sidewalk cafes which is made of lightweight fabric or similar material. (31) Vehicle sign means a sign attached to or placed on a vehicle, including automobiles, trucks, boats, campers, and trailers which is parked on or otherwise utilizing a public right-of-way, public property or on private property so as to be intended to be viewed from a vehicular right-of-way for the basic purposes of providing advertisement for products or services or directing people to a business or activity. This definition is not to be construed to include those signs that identify a firm or its principal products on a vehicle or such advertising devices as may be attached to and within the normal unaltered lines of the vehicle of a licensed transit carrier, when and during that period of time said vehicle is regularly and customarily used to traverse the public highways during the normal course of business. (32) Wall sign means a sign which is painted on, fastened to, or erected against the wall of a building with its face in a parallel plane to the plane of the building facade or wall. (33) Warning sign means a sign located on a property posting the property for warning or prohibitions on parking, trespassing, hunting, fishing, swimming, or other activity, provided such sign do not carry any commercial message or identification. (34) Waterside identification sign a sign intended to identify a residential complex, single business property or shopping center, and intended to be viewed only from the waters of the Gulf of Mexico, Tampa Bay, the Intracoastal Waterway or any other bays, rivers, lakes and waterways. (35) Window sign means a sign located on a window or within a building or other enclosed structure, which is visible from the exterior. Sign face means the part of the sign that is or can be used to identify, display, advertise, communicate information, or for visual representation which attracts or intends to attract the attention of the public for any purpose. Sign structure means any structure which is designed specifically for the purpose of supporting a sign, has supported, or is capable of supporting a sign. This definition shall include any decorative covers, braces, wires, supports, or components attached to or placed around the sign structure. Street means a public right-of-way used for vehicular and pedestrian traffic. Zone lot means a parcel of land that is of sufficient size to meet minimum zoning requirements for area, coverage, Page 5 of 29 Rev. 3/3/05

6 and use; and that can provide such setbacks and other open spaces as required by the applicable zoning regulations. Sec Legislative findings and intent. (a) Findings. (1) This article is promulgated based on the following findings, which findings have served as the basis for the provisions of this article. It has been determined that in the City and in the County sign regulations are characterized by: a. Inadequate sign regulation in the City; b. Lack of attention to the relationship between proper sign regulation and the economic and other affects on the community; c. Visual distraction and potential safety hazard posed to movement of traffic on public rights-of-way; and d. Failure to consider signs as an integral component of the urban landscape. (2) In order to address these issues, it has been determined that the most effective, efficient and equitable approach is the implementation of a Countywide system of sign regulation which shall serve as a minimum norm or standard, and which system of minimum standards is further designed to be integrated with and applied through the respective sign standards of each local government. The City participated in the development of the Countywide standards that have been proposed and finds that they are appropriate for the City regardless of whether they are adopted Countywide. (b) Purpose and intent. (1) The purpose of this article is to establish minimum standards for an orderly system of signs and improve the quality of sign regulation in the City and, if adopted, on a Countywide basis in a manner that contributes to the economic well-being, visual appearance, and overall quality of life in the City and County. (2) In particular, it is the purpose of this article to further the following objectives: a. To establish a comprehensive system of sign regulation that addresses the full spectrum of principal sign considerations on a uniform basis; b. To establish a standard for principal sign considerations that will foster consistency and avoid disharmony between neighboring municipalities; c. To establish a system of sign regulation that gives special recognition to protecting the natural characteristics and visual attractiveness that are essential to the tourist based economy of the City and County; d. To address the minimum standards necessary to reduce the visual distraction and safety hazard created by sign proliferation along the public rights-of-way; and e. To recognize the significance of signs and appropriate uniform regulation thereof as a component of Page 6 of 29 Rev. 3/3/05

7 community appearance and character in the City and the highly urbanized County. (3) It is also the intent that protection of First Amendment rights shall be afforded such that any sign, display, or device allowed under this article may contain, in lieu of any other copy, any otherwise lawful noncommercial message that does not direct attention to a business operated for profit, or to a commodity or service for sale, and that complies with size, lighting and spacing requirements of this article. Sec Violations and penalties. (a) The following shall be a violation of this article and shall be subject to the enforcement remedies and penalties provided by this article, by other City ordinances, and by State law. Such remedies may be pursued simultaneously. It shall be a violation to: (1) Install, create, erect, or maintain any sign in a way that is inconsistent with any plan or permit governing such sign or the site on which the sign is located; (2) Install, create, erect, or maintain any sign requiring a permit without the permit; (3) Fail to remove any sign that is installed, created, erected, or maintained in violation of this article, or for which the sign permit has lapsed; or (4) Continue any such violation. Each such day of a continued violation shall be considered a separate violation. Each sign installed, created, or maintained in violation of this article shall be considered a separate violation. (b) Any violation of this article or of any condition or requirement adopted pursuant to this article may be restrained, corrected, or abated, as the case may be, by injunction or other appropriate proceedings pursuant to law. The remedies of the City shall include, but not be limited to, the following: (1) Issuing a stop-work order for any and all work on any signs on the same site; (2) Seeking an injunction or other order of restraint or abatement that requires the removal of the sign or the correction of the violation; (3) Seeking in court the imposition of any penalties that can be imposed by such court; (4) In the case of a sign that poses an immediate danger to the public health or safety, taking such measures as are available to the City under the applicable provisions of this Code for such circumstances; and (5) Seeking the imposition of penalties before the Code Enforcement Board. (c) Violations of this article shall be subject to prosecution and upon conviction, shall be punished as set forth in section 1-7. Sec Computation of dimensions. (a) Computation of total permitted sign area. Page 7 of 29 Rev. 3/3/05

8 (1) The permitted sign area for freestanding signs shall be calculated based upon one square foot of sign face for each linear foot of zone lot frontage. A freestanding sign shall be allowed to have an additional eight square feet per sign face, which shall be used exclusively for the street address number, numbers or number range depicted in arabic numerals. The public purpose for the address is to assist the traveling public to locate specific places and to assist public safety and emergency service vehicles to rapidly locate addresses. (2) The permitted sign area for attached signs shall be based upon 1 3/4 square feet for each linear foot of building frontage per business located along that frontage. (3) Zone lots fronting two or more streets are allowed the permitted signage for each frontage, but signage cannot be accumulated and used on one street in excess of that allowed for the zone lot based on that one street frontage. (b) Computation of sign area. (1) The area of a sign shall be computed on the basis of the smallest square, circle, rectangle, other geometric figure, or combination thereof, that will encompass the extreme limits of the writing, representation, emblem, lighting, or other display, together with any material, color, or border trim forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed. The computation of a sign area does not include any framework, bracing, fence or wall, that is reasonably necessary to support the sign. (2) The area of a sign shall be determined on a per sign face basis. (c) Computation of sign height. (1) The height of a freestanding sign shall be computed as the distance from the base of the sign at ground level to the top of any portion of the sign or sign structure. In cases where the ground level cannot reasonably be determined, sign height shall be derived on the assumption that the elevation of the ground at the base of the sign is equal to the elevation of the nearest point of the crown of the public street or the grade of land at the principal entrance to the principal structure on the zone lot, whichever is less. (2) In the case where a freestanding sign is on a parcel contiguous to an overpass or elevated road (excluding service roads) from which the sign is designed to be viewed, the height of the sign shall be measured from the highest point of the overpass or elevated road at the crown of the roadway surface to the top of the sign. The highest point shall be determined by the average elevation between the perpendicular extension of the contiguous zone lot lines on which the sign is to be located, as such lot lines intersect the overpass or elevated road. (d) Computation of visual clearance and sight triangle. (1) The visual clearance and sight triangle, to assure adequate sight distance at the intersection of two public roadways and at the intersection of a public roadway and an accessway or driveway, shall follow the requirements of section , or the criteria of the Florida Department of Transportation's Manual of Uniform Minimum Standards for Design, Construction, and Maintenance for Streets and Highways, or criteria otherwise specified by the Mayor. (2) The computation of sign dimensions shall be set forth herein and depicted in the appropriate figure Page 8 of 29 Rev. 3/3/05

9 delineating same in division 4 of this article. Sec Exempt signs. (a) The following types of signs are exempt from the permitting process and other provisions in this article except those relating to construction, illumination, safety, nonconformity, and any other requirements, as noted: (1) Address numbers. The address numbers shall be at least four inches in height, in arabic numerals, and of contrasting color to background and displayed on the front of the establishment. (2) Artwork shall be exempt signage provided all of the following criteria are met: (i) (ii) the artwork does not contain any text, letters, or corporate or company logo; and the artwork is not located on a portion of a building Defined Architectural Style that reflects the Defined Artchitectural Style of the building. (3) Changeable copy or changeable message on permitted signs. (4) Commemorative and historic signs. (5) Construction/contractor signs. Up to two signs not to exceed a total of 32 square feet in area and up to 10 feet in height. The sign may be displayed only during the time a valid building permit is in force, or, if no permit is required, only during the period work is in progress. (6) Government and public signs, including, but not limited to, community identity and entrance signs, signs for special community events, and coordinated Countywide trail-blazing signs that provide direction to places of interest. (7) Government/public flags. There shall be a maximum of three flags, excluding the American flag, permitted on each zone lot. The American flags shall be flown according to protocol established by the Congress of the United States of America for the Stars and Stripes. The height of any flag or flagpole shall be no higher than the maximum height of permitted freestanding signs in the applicable district, or the permitted height of the principal building, whichever is higher. (8) Machinery signs. Examples are signs on newspaper machines, vending machines, gasoline pumps, and public telephone booths. (9) Menu signs for drive-through establishments. There shall be a maximum of two signs per zone lot or business; no more than one sign per drive-through lane. A sign may not exceed 40 square feet in area. (10) On-site directional signs. Signs shall not exceed four square feet in area and four feet in height. On-site directional signs for hospitals, academic schools and colleges and multi-building developments where multiple listing on a single sign is necessary to provide for safe directional information shall not exceed sixty square feet in area and ten feet in height. (11) Political signs. Signs in residential districts shall not exceed six square feet in area; and signs in nonresidential districts shall not exceed 32 square feet in area. The sign shall not be illuminated, and the Page 9 of 29 Rev. 3/3/05

10 sign shall be removed no later than one week after the election. The sign placement shall have the consent of the property owner if located within the lot boundary or within the public right-of-way directly abutting the lot, or between the road surface and the lot. Regardless of who installed the sign, the property owner and tenant shall be responsible for compliance of their property and the adjacent right of way with these regulations. Nothing in this section shall be construed to restrict the ability of the property owner and tenant to remove signs from their private property and the adjacent right of way. No more than one political sign per candidate or issue shall be placed on a given lot unless it is a corner lot, in which case two signs per candidate or issue may be placed so long as there is no more than one sign per street facing. Political signs on private property or in the right-of-way shall not exceed eight feet in height and (i) shall be located a minimum of 6 feet from the curb to the edge of the pavement where no sidewalk exists or, (ii) where a sidewalk exists, anywhere on the side of the sidewalk away from the street. Where there is no pavement, the signs shall be a minimum of 6 feet from the edge of the portion of the road designed or used for vehicular traffic and where a sidewalk exists, anywhere on the side of the sidewalk away from the street. No part of any sign shall be located on or extend over any portion of the sidewalk. Any person wishing to place a sign within a public right-of-way while still meeting the above restrictions must file with the Clerk a "hold harmless" agreement defending and holding the City and its employees harmless from any and all claims, liability, costs and expense resulting from the existence of or erection of the sign. The agreement must be filed prior to the erection of any such sign. Such signs shall be removed within one week after the election. Exception for polling places on election day. On the day of an election the following exception to the foregoing locational requirements shall apply at polling places; between the hours of 4:00 a.m. and 7:00 p.m., political signs not exceeding six square feet shall be allowed to be placed in the right-of-way abutting each polling place between the curb or edge of pavement and sidewalk. For primary elections each candidate or issue may have one sign for each street side and for general elections each candidate or issue may have two signs for each street side at each polling place. No part of any sign shall be placed within four feet of any part of another sign and no part of the sign shall be located on or extend over any portion of the right-of-way that is within two feet of the closest part of the curb or if there is no curb, the pavement or portion of road designed or used for vehicular traffic. Such signs shall not be removed by the City unless the sign is in a visibility triangle and does not meet the height requirements of Section or violates any of the provisions of this exception. (12) Real estate signs. One nonilluminated real estate sign not exceeding six square feet of surface area per side for each lot or structure. Multifamily, office, commercial, or industrial zoned properties are permitted one nonilluminated real estate sign not to exceed 16 square feet of surface area per side, provided the property consists of three or more lots or one-hundred and fifty (150) feet or more of zone lot frontage. Real estate signs shall not exceed six feet in height in residential districts, and shall not exceed eight feet in height in all other districts. Multiple listing strips, broker identification, and sold signs are not included in the square foot calculations. All real estate signs shall be located a minimum of 12 feet away from the curb or edge of the pavement where no sidewalk exists and a minimum of three feet beyond the sidewalk, away from the road, where a sidewalk exists. Where there is no pavement, the signs shall be a minimum of 12 feet from the edge of the portion of the road designed or used for vehicular traffic and a minimum of three feet beyond the sidewalk, away from the road where a sidewalk exists. Any persons wishing to place a sign within the public right-of-way while still meeting the above restrictions must file with the Mayor a "hold harmless" agreement defending and holding the City and its employees harmless from any and all claims, liability, costs and Page 10 of 29 Rev. 3/3/05

11 expense resulting from the existence of or erection of the sign. The agreement must be filed prior to the erection of any such sign. Such signs shall be removed within one week after the closing of the sale or leasing of the property or building to which the sign relates. Directional offsite real estate signs are permitted for a particular property only on those days when there is an open house. Waterfront parcels are permitted one real estate sign oriented toward the water in addition to the real estate signs permitted for nonwaterfront property. Saleable or leasable units fronting two or more streets are allowed the permitted real estate signs for each frontage, but these signs cannot be accumulated and used on one street in excess of that allowed for the saleable or leasable units based on that one street frontage. For parcels with over 500 feet of street frontage on one right-of-way, one additional real estate sign may be permitted. (13) Small off-premises signs that are for public/semipublic purposes and are directional only, subject to approval by the Mayor. The maximum area of these signs shall be four square feet. (14) Non-illuminated window signs. The maximum area of such signs shall be 50 percent of the total window pane area of each structure. Window signs shall not be illuminated unless specifically allowed in this Article. The maximum area of such signs when such signs are located on a lot where a principle residential use exists shall be 25 percent of the window pane area, the total area of all such signs on the lot shall not exceed 10 square feet and such signs shall only be free speech signs. (15) Warning signs. Signs shall not exceed six square feet in area. (16) Identification signs. Identification signs shall be attached, shall not exceed four square feet per sign face and shall be limited to one sign per business. Projecting and attached signs which are identi-fication signs located under a canopy or awning shall have a minimum ground clearance of eight feet. (17) Home Occupation signs. Home occupation signs shall be allowed only in residential districts. One home occupation sign shall be allowed on each site and shall not exceed two square feet in size, and shall be an attached sign. (18) Garage or Yard Sale signs. Garage or yard sale signs shall be allowed only on the site where the sale takes place. One garage or yard sale sign shall be allowed on each site and shall not exceed four square feet in size. (19) Free Speech signs. Free speech signs shall be allowed on any lot where a principal residential use exists provided that such signs are located on private property, are not within the rights-of-way, are not in the visibility triangle, do not exceed six square feet, and are no higher than eight feet. One free speech sign shall be allowed on each site. (20) Banners for Museums. Banners for museums in nonresidential zoning districts, provided that: There shall be a maximum of one banner for every 100 feet of street frontage up to a maximum total of three (3) banners per street frontage and each banner shall not exceed 240 square feet in size. Exempt banners shall not be included in the calculation of the total maximum area for attached or freestanding signs. Banners shall be attached to the primary building identified as the museum or to a freestanding sign structure. For the purposes of this section, a museum shall be defined as an institution devoted to the procurement, care, study, and display of objects of lasting interest or value. Page 11 of 29 Rev. 3/3/05

12 (21) Umbrella signs. Signs shall not be attached to nor hung from umbrellas. (22) Temporary Approved Signs. Sec Prohibited signs. The following types of signs are prohibited. (1) Damaged signs which exist in a damaged state for more than ninety (90) consecutive days. (2) Bus shelter signs and bench signs except when approved by a local government, pursuant to F.S (2)(a). This prohibition shall not be construed to include the identification of the transit company or its route schedule. (3) Off-premises signs, except for public/semipublic directional signs, per section (a)(13), where specifically provided for elsewhere in this article and in general commercial and industrial classification, per section (6). (4) Pavement markings, except official traffic control markings or where otherwise authorized. (5) Pennants, streamers, cold air inflatables, and banners, except for special occasions for a limited time and frequency as permitted in sections (1)h. and (6) Portable signs, including inflatable and other gas- or air-filled devices that are tethered and do not touch the ground. (7) Roof signs, except integral roof signs in nonresidential districts. (8) Sandwich board signs. (9) Signs attached to or painted on piers or seawalls, except governmental regulatory or warning signs. (10) Signs in or upon any river, bay, lake, or other body of water within the limits of the City, except governmental regulatory or warning signs. (11) Signs that are erected upon or project over public rights-of-way or present a potential traffic or pedestrian hazard. This includes signs which obstruct visibility. (12) Signs that emit sound, vapor, smoke, odor, particles, or gaseous matter. (13) Signs that have unshielded, illuminating devices. (14) Signs that move, revolve, twirl, rotate, or flash, including but not limited to animated signs, multiprism signs, and beacon lights except when required by the Federal Aviation Administration or other governmental agency but shall not prohibit tri vision signs within large facility signs. (15) Signs that obstruct, conceal, hide, or otherwise obscure from view any official traffic or government sign, signal, or device. Page 12 of 29 Rev. 3/3/05

13 (16) Snipe signs. (17) Any on-premises sign that advertises a business or other activity that is not in operation on the premises, beginning 90 days after the business or other activity ceases operation. Prior to the expiration of such 90- day period, the owner shall take one of the following actions: (a) Paint over the message that advertises the business or other activity or, if the message is on a removable sign face, remove the sign face and replace it with a sign face that is blank; (b) if the message is on a reversible sign face, reverse the sign face and not illuminate the sign from the interior; or (c) cover that part of the sign that advertises the business or activity with an opaque material; however, any opaque material covering a sign shall be fastened securely at all times against wind disturbance and shall be kept in a state of good repair. A sign advertising a business or other activity that is not in operation on the premises may be replaced with the message, space available, or words of similar significance, and the name and telephone number of the owner or the owner s rental agent. A replacement sign, sign face, or opaque covering which contains such message and which otherwise complies with the requirements of this Article shall be deemed an allowable temporary sign for which a permit shall not be required. (18) Three-dimensional objects that are used as signs. (19) Vehicle signs, as defined herein, and portable trailer signs. (20) Any sign that is not specifically described or enumerated as permitted within the specific land use classifications in this article. Secs Reserved. DIVISION 2. ADMINISTRATION AND ENFORCEMENT Sec Relationship to other ordinances. Signs subject to this article shall comply with the City's applicable building, electrical, maintenance, and all other applicable codes. In the event of a conflict between this article and other applicable codes the more stringent code will prevail. Sec Interpretation. Where there is ambiguity or a dispute concerning the interpretation of this article, an interpretation will be rendered by the Mayor. Sec Variances. (a) Requests for variances from any provision of this article shall be processed and reviewed by the Environmental Development Commission or the Board of Adjustment. The Environmental Development Commission shall have sole variance power in connection with a proposed sign on a zoned lot on which the Environmental Development Commission has previously approved a site plan or special exception or in connection with a proposed use which requires either special exception or site plan approval by the Environmental Development Commission. The Board of Adjustment shall have sole variance power in all other cases. (b) Variances from the terms of this article may not be contrary to the public interest. Variances may be Page 13 of 29 Rev. 3/3/05

14 granted where, owing to a special condition, the literal enforcement of the provisions would result in unnecessary hardship, not to include economic hardship. No variance shall be granted unless the following conditions are met: (1) The special conditions or circumstances of the applicant are peculiar to this structure or premises and do not generally apply to other structures or premises in like classifications; (2) The variance sought does not result from an action by the applicant or from an action of which the applicant had knowledge of or gave approval; (3) The variance sought does not substantially impair the purpose or intent of these regulations; shall not be merely a convenience to the applicant; and shall not be a detriment to the public welfare; and (4) The variance granted shall be the minimum necessary to accomplish the intended objective of the variance request. (c) In granting such variances, special requirements or safeguards may be attached as conditions. Sec Reserved Sec Nonconforming signs Generally. (a) Except as provided in this article, a sign shall not be erected, raised, moved, placed, reconstructed, extended, enlarged, or altered, unless in conformity with this article. (b) Nonconforming signs may be maintained, repaired, or the message of the sign may be changed. If, however, the nonconforming signs is relocated, replaced, or structurally altered by more than 25 percent of the replacement cost of the sign, the sign must be made to conform to this article. Sec Illegal Signs. Existing illegal signs. Signs that existed on February 6, 1992 that were not in conformance with City Codes and ordinances at the time they wre constructed are illegal signs and shall conform with this article or be removed. Signs which were constructed without a permit but which were lawful at the time of construction or became lawful thereafter may remain if the owner demonstrates that the sign was or became lawful, provides an engineering certification that the sign is constructed according to Building Codes and obtains an after the fact permit. Sec Permitting process. (a) Generally. This section shall govern the application for, and issuance of, all sign permits under this article. No permit shall be issued for an individual sign requiring a permit unless and until a signage plan for the site on which the sign will be erected has been submitted to the Mayor and approved by the Mayor as provided for in this section. Every outdoor advertising display sign hereafter erected, constructed, or maintained, for which a permit is required shall be plainly marked with the name of the person, firm or corporation erecting and maintaining such sign and shall have affixed on the front thereof the permit number issued for the sign by the Building Official. (b) Applications. All applications for sign permits of any kind and for approval of a signage plan shall be Page 14 of 29 Rev. 3/3/05

15 submitted to the Mayor or an application form in accordance with the following application specifications contained in subsection (e). (c) Fees. Each application for a sign permit shall be accompanied by the applicable fees as established by City Council. (d) Inspection. The Mayor may cause an inspection of the site for which each permit for a new sign or for modification of an existing sign is issued. (e) Signage plan. For any site on which the owner proposes to erect one or more signs requiring a permit the owner, or representative, shall submit to the Mayor two copies of a signage plan containing the following: (1) An accurate plan of the site, at such scale as the Mayor may reasonably require; (2) Location of buildings, parking lots, driveways, and landscaped areas on such site; (3) Computation of the maximum total sign area, the maximum area for individual signs, the height of signs and the number of freestanding sign allowed on the site under this article; (4) An accurate indication on the plan of the proposed location of each present and future sign of any type, whether requiring a permit or not; (5) Detailed drawings to show the dimensions, design, structure and location of each particular sign; (6) Name of person, firm, corporation or association erecting the sign; (7) Written consent to the permit application, by the owner, or authorized designee, of the building or lot on which the sign is to be erected. Consent of an authorized agent of an owner shall be sufficient for purposes of this provision; and (8) Such other information as the Mayor shall require to show full compliance with this article and all other laws and ordinances of the City. Secs Time for Review and Decisions; Right to Judicial Review. (a) Sign permit applications. The deadlines for the review of, and decisions upon, sign permit applications shall be as provided for building permits generally; see Section of the Standard Building Code as adopted by the City, and the directive of the Mayor issued on or about September 18, 2001, with respect to the timely processing of building permit applications. More specifically, the aspirational goal for the plan review and a decision upon each complete application for a sign permit which is accompanied by the applicable plan review fee and signage plan shall be the same as the goal for commercial construction permits (without necessarily categorizing sign permit applications as commercial construction permit applications for other purposes). The aspirational goal for plan review and a decision upon a sign permit application shall be 12 business days. A failure to make a decision upon a sign permit application within such time shall not be determinative of the ultimate approval or disapproval of the application. However, a failure to decide upon a sign permit application within 30 calendar days following the date of receipt of the application, plan review fee, and signage plan, not counting the day of receipt and not counting any Saturday, Sunday, or legal holiday which falls upon the first or the thirtieth day after the date of receipt, shall be deemed a disapproval of the application, subject to the exceptions set forth herein. A sign permit application shall be either approved, Page 15 of 29 Rev. 3/3/05

16 approved with conditions, or disapproved, and the decision shall be reduced to writing. An approval with conditions shall include or be accompanied by a statement explaining the purpose of each condition. A disapproval shall include or be accompanied by a statement of the reason(s) for the disapproval. If disapproval is the consequence of a failure to decide upon the application within the deadline set forth herein, the POD shall in such instances give to the applicant a written statement of the reason(s) for such failure, and shall refund the plan review fee to the person who paid the fee. (1) An approval, an approval with conditions, or a disapproval by the POD shall be deemed the final decision of the City upon the application. (2) In the case of an approval with conditions or a disapproval, an applicant may seek reconsideration of the decision on the grounds that the POD may have overlooked or failed to consider any fact(s) that would support a different decision. A written request for reconsideration, accompanied by such additional factual information which the applicant may desire the POD to consider, shall be filed with the POD within 10 calendar days after receipt of the decision. No fee shall be required for a request for reconsideration. Upon the timely filing of a request for reconsideration, [ ] the decision of the POD shall be deemed stayed and not a final decision, until the request for reconsideration is decided. The request for reconsideration shall be decided within 7 calendar days after the filing of the request for reconsideration. Such decision shall be in writing and shall include a statement of the reason(s) for the decision. If the disapproval was a consequence of a failure to decide upon the application within the deadline set forth herein, the POD shall verify that the plan review fee was refunded even if the POD approves the application upon reconsideration. (3) 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 30-day deadline for a decision upon an application or the 7-day deadline for a decision upon a request for reconsideration, the decision shall be deemed made when deposited in the mail, transmitted electronically, or hand-delivered to the applicant (4) As exceptions to the foregoing, the 30-day deadline for approval and the 7-day deadline for a decision upon a request for reconsideration shall not apply (that is, the time shall be suspended): a. In any case in which the application requires a variance from any provision of the City Code, a rezoning of the property, or an amendment to the Comprehensive Plan of the City. In such cases, the time shall be suspended until a final decision is made upon the application for the variance, rezoning, or Comprehensive Plan amendment. b. If an applicant is required to make any change to the application in order to obtain an unconditional approval, the time shall be suspended while the applicant makes such change. c. If an applicant is required to obtain an approval from any other governmental agency, the time shall be suspended until such approval is obtained. d. In any of the foregoing cases, the applicant may elect to seek no variance, make no change to the application, or obtain no approval that may be required by another governmental agency, as the case may be, and to demand a decision upon the sign permit application as filed. In such event, the POD shall make a decision on the application as appropriate within two business days after receiving such demand. If a decision is not made in such time, the application shall be deemed denied and the POD shall verify that the plan review fee was refunded to the person who paid the fee. Page 16 of 29 Rev. 3/3/05

17 e. An application which is materially incomplete or which is not accompanied by the required fee and signage plan shall not be deemed to be accepted and the time for review of the application shall not commence until a complete application accompanied by the required fee and signage plan is filed with the POD. (5) Any person aggrieved by the decision shall have the right to seek judicial review by a circuit court of the Sixth Judicial Circuit in and for Pinellas County, Florida, filed in accordance with the requirements of law, seeking such appropriate remedy as may be available. (b) Notwithstanding the foregoing, the applicant may elect to seek a variance from any of the provisions of the City Code. (1) Sign Code variances. A complete application for a variance from any of the provisions of this Article only, accompanied by the fee for such application, shall be processed and reviewed by the Environmental Development Commission or the Board of Adjustment as provided in section In such cases, the following deadlines shall apply: a. A decision approving, approving, with conditions, or denying the request shall be rendered within 60 days after receipt by the POD of the application for the variance. If a decision is not made within such time, the application shall be deemed denied. b. A decision of the Environmental Development Commission or the Board of Adjustment on an application for a variance from any of the provisions of this Article only, which does not include an application for a variance from any other provision of the City Code, shall not be subject to review by the City Council. (2) Other variances. If the application includes a request for one or more variances from another article of Chapter 16 or any other provision of the City Code, the decision of the Environmental Development Commission shall be subject to review by the City Council as is otherwise provided in this City Code upon the timely filing of a notice of appeal as provided in section 30-3, and in such event the 60-day deadline for the City Council to review and act upon the appeal (as established by section 29-94) shall apply. (3) Any decision of the Environmental Development Commission or the Board of Adjustment as provided in this section (or of the City Council in a variance case which may be appealed to the City Council) shall be deemed a final, quasi-judicial decision of the City. Any person aggrieved by the decision shall have the right to seek judicial review by a circuit court of the Sixth Judicial Circuit in and for Pinellas County, Florida, filed in accordance with the requirements of law, seeking such appropriate remedy as may be available. (c) A written request for an interpretation pursuant to Section shall be answered within 10 business days following receipt by the POD. If the POD fails to provide an interpretation within such time, the request shall be deemed denied. Neither an interpretation nor a denial of a request for an interpretation shall be deemed a final decision of the City unless such action is taken in conjunction with an approval or a disapproval of a sign permit, or an approval of a sign permit application subject to conditions, in which case the decision upon the sign permit application shall be deemed to be the final decision of the City, subject to judicial review as provided herein. Secs Reserved. DIVISION 3. PERMITTED SIGNS AND STANDARDS BY LAND USE CLASSIFICATION Page 17 of 29 Rev. 3/3/05

18 Sec Generally. (a) It is the intent of this division to regulate outdoor signs consistent with the land use classification which establishes the character of the area in which the signs are located. The City has established land use and zoning categories with the major land use classifications of the City's Future Land Use Plan as listed in this article. (b) Signs shall not be located on publicly-owned land or easement or inside street rights-of-way except signs required or erected by permission of an authorized governmental agency. Signs shall include, but not be limited to, handbills, posters, advertisements, or notices that are attached in any way upon lampposts, telephone poles, utility poles, bridges, and sidewalks. (c) Nothing in this article shall be construed to prevent or limit the display of legal notices, warnings, informational, direction, traffic, or other such signs which are legally required or necessary for the essential functions of governmental agencies. (d) All signs shall be moved by the owner of the sign at no expense to the City when the signs are on or within any public property including existing right-of-way. Nothing shall prohibit a duly authorized local official from removing a sign from public property. (e) All signs shall comply with applicable all building and electrical code requirements. Sign face replacements not requiring a permit shall comply with all applicable building and electrical code requirements, this includes sign face replacements when the permitted sign is not structurally or electronically altered, like materials are used, the sign face is the same size within the frame, and is installed in the same manner as originally permitted. (f) The light from any illuminated sign shall be shaded, shielded, or directed from adjoining residential and nonresidential parcels. No sign shall have blinking, flashing, or fluttering lights or other illumination device which has a changing light intensity, brightness, color, or direction. No colored lights shall be used at any location or in any manner so as to be confused with or construed as traffic control devices. Neither the direct nor the reflected light from primary light sources shall create a traffic hazard to operators of motor vehicles on public thoroughfares. (g) Signs of a height greater than six feet and within ten feet of the right-of-way shall require a letter of no objection from the local power company to insure current and future compliance to applicable codes and to protect the safety of the public. (h) Freestanding signs shall be no closer than 75 feet to any residential district. In addition, the sign shall be oriented away from any residential district whenever possible. Sec Residential land use classifications. The following types of signs are permitted in residential land use classifications, as depicted on the City's Future Land Use Plan map and the following zoning districts: RS-E, RS-75, RS-100, RS-150, RPD-5, RPD-7, MH-P, MH-S, RM-10, RM 12/15, RM 24/30, RM-55(H), RM-150, NRD. (1) Subdivision signs for single-family residential areas shall be permitted only as follows: a. Number. A maximum of one sign is permitted for each platted subdivision entrance or neighborhood entrance. Page 18 of 29 Rev. 3/3/05

19 b. Area. The total maximum area for any freestanding sign shall be 24 square feet (48 square feet for a double-sided sign). c. Height. The maximum height for a freestanding sign is six feet. d. Setbacks. Setbacks shall be zero feet from all property lines. (2) Signs for multifamily residential areas shall be permitted only as follows: a. Number. A maximum of one sign is permitted for each platted subdivision entrance. b. Area. The total maximum area for any freestanding sign shall be 24 square feet (48 square feet for a double-sided sign). c. Height. The maximum height for a freestanding sign is eight feet. d. Setbacks. Setbacks shall be ten feet from all property lines and 75 feet from any lot where a principal residential use exists. Setbacks shall be zero feet provided such sign is not more than six feet in overall height. (3) Small, off-premises signs that are for public/semipublic purposes and are directional only, as per section (a)(13). (4) Signs for public/semipublic land uses shall be in accordance with the provisions of section (5) Non-illuminated signage for grandfathered/nonconforming uses in RS and RM zoning districts shall be permitted only as follows: a. Number. A maximum of one freestanding sign and one attached sign. b. Area. The maximum area for a freestanding sign shall be 24 square feet per sign face (48 square feet for a double-sided sign); and, the maximum area for an attached sign shall be 24 square feet. c. Height. The maximum height for a freestanding sign shall be eight feet. d. Setbacks. Setbacks shall be ten feet from all property lines and 75 feet from any lot where a principle residential use exists. Setbacks shall be zero feet provided such sign is not more than six feet in overall height. Sec Public/semipublic uses and land use classifications. The following types of signs are permitted in public/semipublic land use classifications, as depicted on the City's Future Land Use Plan Map, and for those uses that qualify as public/semipublic uses as determined by chapter 29 (zoning) within any zone: (1) Freestanding signs shall be permitted only as follows: a. Number. A maximum of one sign per zone lot is permitted. One additional sign may be permitted for each additional street frontage. For parcels with over 500 feet of street frontage on one right-of-way, Page 19 of 29 Rev. 3/3/05

20 one additional freestanding sign may be permitted; such additional sign shall be spaced at least 300 feet from the other. b. Area. The total maximum area for any freestanding sign or signs shall be that area calculated according to sections (a)(1), or 48 square feet per sign face (96 total square feet for a doublesided sign), whichever is less. However, when the site is zoned UV-1 (Village Core), CBD, CBD-1, CBD-2, or CBD-3, the area shall be regulated by Section c. Height. The maximum height for a freestanding sign shall be 12 feet. d. Setbacks. Setbacks shall be ten feet from all property lines and 75 feet from any lot where a principle residential use exists. Setbacks shall be zero feet provided such sign is not more than six feet in overall height. (2) Attached signs shall be permitted only as follows: a. Area. The maximum total area for all attached signs shall be that area calculated according to section (a)(2) or 48 square feet, whichever is less. However, when the site is zoned UV-1 (Village Core), CBD, CBD-1, CBD-2, or CBD-3, the area shall be regulated by Section b. Specific types. The following attached signs may be permitted, provided the cumulative area of the attached signs does not exceed the maximum area according to subsection (2)a. above: 1. Wall sign. 2. Canopy or awning sign. 3. Illuminated window sign. 4. Projecting sign. 5. Integral roof sign. c. Bulletin boards. In addition to the above provisions, no more than two bulletin boards for schools and churches may be permitted, with a combined sign area not exceeding 32 square feet. Sec Mixed use classifications. The following types of signs are permitted in mixed use classifications (residential/office, for example), as depicted on the City's Future Land Use Plan Map and the following zoning districts: UV-1 (First Avenue Interior and Exterior), GO, RO-1, RO-2, ROR-1, ROR-2, GO-P, RO-P, and ROR-P. Within the mixed use classification, the following sign standards shall be based on the actual type of use to which the sign pertains, i.e. residential, office or commercial. (1) Office land use. Applicable to office uses in the following zoning districts: UV-1 (First Avenue Interior and Exterior), GO, RO-1, RO-2, ROR-1, ROR-2, GO-P, RO-P, and ROR-P. a. Freestanding signs shall be permitted only as follows: 1. Number. A maximum of one sign per zone lot is permitted. One additional sign may be permitted for each additional street frontage. For parcels with over 500 feet of street frontage on Page 20 of 29 Rev. 3/3/05

21 one right-of-way, one additional freestanding sign may be permitted; such additional sign shall be spaced at least 300 feet from the other. 2. Area. The total maximum area for any freestanding sign or signs shall be that area calculated according to section (a)(1) or 50 square feet per sign face (100 total square feet for a double-sided sign), whichever is less. 3. Height. The maximum height for a freestanding sign is 25 feet. 4. Setbacks. Setbacks shall be ten feet from all property lines and 75 feet from any lot where a principle residential use exists. Setbacks shall be zero feet from all property lines provided that the bottom of the sign is not less than eight feet in height or the top of the sign is not more than four feet in height (or not more than six feet in height along a collector or arterial street), and 75 feet from any lot where a principal residential use exists. 7. Flags. Flags containing a corporate name or logo shall be part of the computation of allowable area for freestanding signs and shall meet the setback requirements. 8. Banners/pennants. Banners and pennants that are installed in compliance with an approved banner and permit plan shall be permitted. Registered, incorporated business associations are permitted to submit banner and pennant plans for not less than both sides of one full City block to the POD for consideration. Such plans shall be approved if consistent in concept with the plaza parkway street banner program and the plaza parking special events banner program and contain installation and maintenance plans which shall contain provisions to protect the City from liability and insure appropriate installation and maintenance. Approved plans which allow banners and pennants in the right-of-way shall obtain a minor easement. b. Attached signs shall be permitted only as follows: 1. Area. The maximum total area for all attached signs shall be that area calculated according to section (a)(2) or 100 square feet, whichever is less. 2. Specific types. The following attached signs may be permitted, provided the cumulative area of the attached signs does not exceed the maximum area according to subsection b.1. above: i. Wall sign. ii. Canopy or awning sign. iii. Illuminated window sign. iv. Projecting sign. v. Integral roof sign. c. Identification or directory/information signs shall be permitted only as follows: 1. Number. A maximum of one sign per street frontage is permitted. 2. Area. The maximum area for a directory/information sign shall be 40 square feet for any one sign. 3. Setback. The minimum setback distance for a directory/information sign is 100 feet from the Page 21 of 29 Rev. 3/3/05

22 property line. (2) Residential land use. See section (3) Commercial land use. See section (4) Off-premises directional signs. Off-premises directional signs for public/semipublic purposes are permitted in accordance with section (a)(13). (5) Public/semipublic land uses. Public/semipublic land uses shall follow the sign provisions of section Sec Commercial and Industrial land use classifications. The following types of signs are permitted in commercial and industrial land use classifications, as depicted on the City's Future Land Use Plan Map and the following zoning districts: CG, CH, CI, CP, CT, IG, IP, IP-1, MSD, and IB-P. Within the commercial and industrial land use classification, all zoning categories that allow commercial and industrial land use shall be considered general commercial or industrial. (1) General commercial and industrial subcategories. a. Freestanding signs shall be permitted only as follows: 1. Number. A maximum of one sign per zone lot is permitted. One additional sign may be permitted for each additional street frontage. For parcels with over 500 feet of street frontage on one right-of-way, one additional freestanding sign may be permitted; such additional sign shall be spaced at least 300 feet from the other. 2. Area. The total maximum area for any freestanding sign or signs shall be that area calculated according to section (a)(1), or 150 square feet per sign face (300 total square feet for a double-sided sign), whichever is less. 3. Height. The maximum height for a freestanding sign is 25 feet. 4. Setbacks. Setbacks shall be ten feet from all property lines and 75 feet from any lot where a principle residential use exists. Setbacks shall be zero feet from all property lines provided that the bottom of the sign is not less than eight feet in height or the top of the sign is not more than four feet in height (or not more than six feet in height along a collector or arterial street, and 75 feet from any lot where a principal residential use exists. 5. Flags. Flags containing a corporate name or logo shall be part of the computation of the allowable area for freestanding signs and shall meet setback requirements. 6. Banners/pennants. Banners and pennants that are installed in compliance with an approved banner and permit plan shall be permitted. Registered, incorporated business associations are permitted to submit banner and pennant plans for not less than both sides of one full City block to the POD for consideration. Such plans shall be approved if consistent in concept with the plaza parkway street banner program and the plaza parking special events banner program and contain installation and maintenance plans which shall contain provisions to protect the City from liability and insure appropriate installation and maintenance. Approved plans which allow banners and Page 22 of 29 Rev. 3/3/05

23 pennants in the right-of-way shall obtain a minor easement. b. Attached signs shall be permitted as follows: 1. Area. The maximum total area for all attached signs shall be that area calculated according to section (a)(2) up to 150 square feet or ten percent of the building frontage adjacent to the street. 2. Specific types allowed. The following attached signs may be permitted, provided the cumulative area of the attached signs does not exceed the maximum area according to subsection b.1. above: i. Wall sign. ii. Canopy or awning sign. iii. Illuminated window sign. iv. Projecting sign. v. Integral roof sign. 3. Theater/movie announcement sign. One additional building sign is permitted to display the movie listings, not to exceed 100 square feet. c. Gasoline price display signs. 1. Area. The maximum total area for all display signs shall total no more than 24 square feet. d. Off-premises directional signs. Off-premises directional signs for public/semipublic purposes are permitted in accordance with section (a)(13). e. Public/semipublic land use classifications. Public/semipublic land use classifications shall follow the sign provisions of section f. Off-premises signs. 1. Number. A maximum of one off-premises sign per zone lot is permitted. A lawfully erected offpremises sign may be relocated upon the same zone lot or to an adjoining zone lot under the same ownership, provided that the sign after such relocation shall comply in all respects with the requirements of this chapter applicable to new off-premises signs in effect at the time a permit for such relocation is applied for. No variance from this requirement shall be approved. i. Except for such relocated signs, no new off-premises sign may be erected upon any zone lot upon which another building or structure has been erected on the same zone lot unless the building or structure is removed prior to or simultaneously with the erection of the sign. In such cases, after the erection of such sign, no other building or structure except a wall or fencing may be permitted upon the zone lot and no building permit for any building or structure shall be issued which is contingent upon the removal of the sign, unless the owner of the property voluntarily elects to remove the sign. ii. This subparagraph shall not apply when the owner of the land on which a lawfully erected sign is located is seeking to have the property redesignated on the city or countywide future Page 23 of 29 Rev. 3/3/05

24 land use map of the comprehensive plan for exclusively single-family residential use; in such instances, if the property is redesignated for such residential use, the sign shall be removed prior to the issuance of a permit for any residential building or structure. 2. Lot area. The sign must be located on a platted zone lot, of not less than 50 linear feet of frontage. 3. Location. Off-premises signs shall be allowed only in general commercial or industrial land use classifications which are abutting interstate and federal-aid-primary designated roads. 4. Area. The maximum area for an off-premises sign shall be 672 square feet per sign face. Two such sign faces may be mounted back to back on the same sign structure. 5. Height. The maximum height shall be 25 feet from the ground level, or in the case where the freestanding sign is on a parcel contiguous to an overpass or elevated road (excluding service roads) from which the sign is designed to be viewed, the height of the sign shall be measured from the highest point of the overpass or elevated road at the crown of the roadway surface to the top of the sign, the highest point to be determined by the average elevation between the perpendicular extension of the contiguous zone lot lines on which the sign is to be located, as such lot lines intersect the overpass or elevated road. 6. Separation requirements. Off-premises signs shall not be located within a radius of 1,500 feet of another such sign on Interstate designated roadways, and shall not be located within a radius of 1,000 feet of another such sign on all federal-aid-primary designated roadways. Additionally, no off-premises sign shall be placed within 500 feet from residentially zoned property (residentially zoned property within the NHS, interstate, and FAP right-of-way(s) shall be exempt from this spacing requirement). Any such sign within 500 feet of property subsequently classified residential shall be classified nonconforming and be subject to sections and Setbacks. The sign must be set back behind the required front and side yards for the applicable zoning district. 8. Intergovernmental coordination. In those locations at or in proximity to jurisdictional boundaries where inconsistent sign regulations would serve to undermine the purpose and intent of these regulations, the City may enter into an interlocal agreement to provide for the basis of regulation in such transition areas. Sec Reserved. Sec Central business districts. The following types of signs are permitted in the following zoning districts: UV-1 (Village Core), CBD, CBD-1, CBD-2, CBD-3, CBD-4: (1) Freestanding signs shall be permitted as follows: a. Number. A maximum of one sign per zone lot is permitted. One additional sign may be permitted for each additional street frontage. For parcels with over 500 feet of street frontage on one right-of-way, one additional freestanding sign may be permitted; such additional sign shall be spaced at least 300 Page 24 of 29 Rev. 3/3/05

25 feet from the other. b. Area. The total maximum area for any freestanding sign or signs shall be that area calculated according to section (a)(1) or 150 square feet per sign face (300 total square feet for a doublesided sign), whichever is less. c. Height. Maximum height for a freestanding sign is 25 feet. d. Setbacks. Setbacks shall be fifty feet from the centerline of the street. e. Flags. Flags containing a corporate name or logo shall be part of the computation of the allowable area for freestanding signs and shall meet the setback requirements. f. Informational directories. A maximum of one sign per street frontage not to exceed 16 square feet may be permitted in multitenant buildings. The informational directory shall only include the name and/or internal location of the occupants of the multitenant building. g. Banners/pennants. Banners and pennants that are installed in compliance with an approved banner and pennant plan shall be permitted. Registered, incorporated business associations are permitted to submit banner and pennant plans for not less than both sides of one full City block to the POD for consideration. Such plans shall be approved if consistent in concept with the plaza parkway street banner program and the plaza parkway special events banner program and contain installation and maintenance plans which shall contain provisions to protect the City from liability and insure appropriate installation and maintenance. Approved plans which allow banners and pennants in the right-of-way shall obtain a minor easement. (2) Attached signs shall be permitted as follows: a. Area. The maximum total area for all attached signs shall be that area calculated according to section (a)(2) or 150 square feet, whichever is less. Individual business establishment identification signs shall be allowed only on the first and second floor. Second story signs shall only be permitted for businesses that are different from the first floor occupant. b. Specific types. The following attached signs may be permitted, provided the cumulative area of the attached signs does not exceed the maximum area according to subsection (2)a. above: 1. Wall sign. 2. Canopy or awning sign. 3. Illuminated window sign. 4. Projecting sign. 5. Integral roof sign. c. Theater/movie announcement sign. One additional building sign is permitted to display the movie listings, not to exceed 100 square feet. Page 25 of 29 Rev. 3/3/05

26 d. Multi-story buildings. In addition to the signs permitted under this division, any building with a height of 60 feet or more measured from ground level to roof line shall be permitted to be identified with one additional sign displaying the name of the building, owner, or a building tenant. This sign shall be a wall-mounted sign, placed at the top of the building and shall be permitted to have a surface area up to three square feet per linear feet of building frontage up to a maximum of 300 square feet. The top of the building sign is intended to provide additional identification for tall structures where other signage allowed may be inadequate. (3) Off-premises directional signs. Off-premises directional signs for public/semipublic purposes are permitted in accordance with section (a)(13). (4) Public/semipublic land use classifications. Public/semipublic land use classifications shall follow the sign provisions of section Sec Temporary sign restrictions. (a) Temporary signs (not inflatables or banners). (1) Location. Permitted in any zoning district. The temporary signs shall be attached to the building or freestanding sign structure. In multifamily residential districts, such signs shall only be permitted for multifamily residential developments of 20 units or more and such signs shall only be located on those portions of the site abutting a major street. (2) Number. Not more than four temporary sign permits may be granted for a period not to exceed 30 days for each establishment or business per calendar year. (3) Area. The maximum allowed surface area is 160 square feet per sign. The temporary signs shall not be included in the calculation of the total maximum allowable sign area. (4) Other. The permit number shall be affixed to the front of the sign in one-inch letters. (b) Inflatable signs. Inflatable signs shall only include cold-air inflatable signs. (1) Location. A temporary sign permit for cold-air inflatable sign may be permitted only in general commercial and central business districts or for special events sponsored or cosponsored by the City. The sign shall not extend into the required zoning setbacks nor into the public right-of-way. (2) Number. Only one temporary sign permit for an inflatable sign may be granted two times a year for the occupational license holder on the same site in any calendar year. (3) Area. Lettering or advertising on the inflatable sign may not exceed an aggregate of 150 square feet. The width and height of the inflatable shall not be exceed 25 feet. (4) Term. Each permit may be granted for a period of not more than ten consecutive days. (5) Other. The date of the issuance of the permit shall be affixed to a visible location on the sign in one-inch letters. (c) Temporary banners. Page 26 of 29 Rev. 3/3/05

27 (1) Banners for New Businesses. a. Definition. New businesses shall be defined as a commercial or industrial activity legally located in a retail, office, or industrial zoning district which has occupied space previously occupied by another business or is the first business to occupy the site within thirty days of the application for a temporary banner. b. Location. Banners shall be permitted only for new businesses in non-residential districts. Temporary banners for new businesses shall be attached to the building structure or freestanding sign structure. c. Number. Not more than two temporary banners may be granted per new business for a period not to exceed 60 days. d. Area. The maximum allowed surface area shall be 160 square feet per banner. Temporary banners shall not be used in the calculation of the total maximum area for attached or free-standing signs. (2) Banners for Temporary Sales Events a. Definition. Temporary Sales Event shall be defined as a temporary commercial business activity associated with a lawful permitted principal use on a zoned lot located in a retail, office, or industrial zoning district. b. Number. Not more than two banners per zoned lot at any one time for a period not to exceed twentyone (21) days each and not more than four (4) temporary sales events per year. c. Location. Banners shall be permitted only for temporary sales events as allowed by this subsection. Banners shall be attached to the building structure or freestanding sign structure. d. Area. The maximum allowed surface area shall be 160 square feet per banner. Temporary banners shall not be used in the calculation of the total maximum area for attached or free-standing signs. Secs Electronic message center signs. Electronic message center signs shall comply with the following regulations: (1) Electronic message center signs are permitted in all zoning districts except the RS, RM, RPD, MH, RO-1, RO- 2 and in the UV-1 (First Avenue Interior, Exterior and Village Core) zoning districts where they are prohibited. (2) An electronic message center sign shall be permitted only as an integral component of a free standing sign or, to the extent permitted by this section, as an integral component of a building sign. (3) An electronic message center sign shall comprise less than 50 percent of the overall sign area of the sign structure and shall not, in any case, exceed twenty-four (24) square feet in area. An electronic message center sign shall be compatible with the design of the sign structure, including width, depth, and color of the cabinet. (4) A message shall not change more frequently than once per six (6) seconds. The display of text only is permitted. The displays of non-text graphics are prohibited. Flashing, chasing and scintillating lighting or Page 27 of 29 Rev. 3/3/05

28 operations are prohibited. (5) Electronic message center signs at an arena, theater, or other public place of assembly on a site consisting of fifteen (15) acres or more with 1,900 or more fixed seats may be attached to a building sign or to a free standing sign, or both. At such locations, an electronic message center sign is not subject to the size limitations of subsection (3) or the prohibition of non-text graphic display in subsection (4). The allowable area for identification signs located at an arena, theater or other public place of assembly on a site consisting of fifteen (15) acres or more with 1,900 or more fixed seats may be provided the area allowances as set forth in Section (6) but shall not exceed 250 square feet per side. This sign is an on-premise sign but may also provide community, governmental and public information announcements. No variances to this subsection may be granted and the POD shall not accept any application therefore. (6) Electronic message center signs within large facility signs shall not exceed 50 percent of the overall sign area. At such locations, the electronic message center sign is not subject to the size limitations of subsection (3) or the prohibition of non-text graphic display in subsection (4). Secs Large Facility Signs. Large facility signs for an arena, theater or other place of public assembly may be permitted as follows: (1) Number: A maximum of one (1) large facility sign may be permitted providing all available equivalent type of signage has not been utilized on the site. (2) Specific types: The following types of signs may be permitted as a facility sign. a. Building sign b. Freestanding sign (3) Components: The following types of display components are permitted upon large facility signs and may be combined to allow multiple types of displays upon one sign: a. Electronic message center signs that meet the requirements set forth in Section b. Tri vision signs shall not exceed thirty-five (35) percent of the overall sign area. c. Internally illuminated or non-illuminated cabinets and letters (4) Operational restrictions. Not less than fifty-one (51) percent of the sign shall at all times provide information relating specifically to the primary use of the site or some form of community, governmental, or public information announcement. Not more than forty-nine (49) percent of the sign shall be on-premise signage providing information relating to products or services available on the facility site. (5) Location: Permitted on sites that are contiguous to the Interstate right of way. Such signs shall be installed adjacent to the Interstate and shall be oriented toward to the Interstate right of way. (6) Area: The allowance for the overall area of such sign shall be cumulative of the remaining area of exterior signage not being utilized on the site but which shall not exceed 1,700 square feet per side. Two-sided signs are permissible. No variances to this subsection may be granted and the POD shall not accept any application therefore. (7) Height: The bottom of the sign frame may not extend more than twenty (20) feet above the crown of the Page 28 of 29 Rev. 3/3/05

29 Interstate roadway surface closest to the sign and the top of the sign shall not extend more than sixty (60) feet above the crown of the Interstate surface closest to the sign. (8) Setback: The sign shall be setback a minimum of ten (10) feet from all property lines or such greater distance as required by FDOT. (9) Master Sign Plan: No permit shall be issued for a large facility sign unless and until a master signage plan for the facility site has been received and approved by the POD. (10) Governmental Coordination: Prior to the issuance of a permit for a large facility sign the proposed sign and location thereof shall be reviewed and approved by the Florida Department of Transportation for issues relating to public safety if required. Due to the changeable message capabilities of the electronic message center portion of the large facility sign, prior to issuance of the permit for the sign, the operator of the sign shall enter into an agreement with the City to provide for public service announcements on a regular basis. Such announcements shall be provided regularly throughout the day and year and shall be divided into two categories. Messages of significant public interest related to safety and traffic matters (e.g., Amber Alerts, traffic hazards and congestion, hurricane evacuation notices, traffic alerts/advisories for downtown events, etc.) and messages of public interest related to city sponsored and cosponsored events and events of significant community or public interest. Messages shall be posted upon receipt of notice from the City or its designee and shall continue to be posted throughout the duration of the event in a manner designed to provide reasonable and effective notice of the event (such posting shall not be exclusive of other messages). Secs Reserved. DIVISION 4. ILLUSTRATIONS Sec Effect. Except where otherwise provided, the illustrations in this division are for purposes of interpreting the application of provisions of this article. Where found to be in conflict with specific provisions of this article, the provisions of this article shall prevail. (Illustrations shown in an attached document) Page 29 of 29 Rev. 3/3/05

30 Computation of Area of Individual Signs

31 Computation of Area of Individual Signs Banners

32 Computation of Sign Height

33 Bulletin Board Changeable Copy

34 Frontage Building Frontage Pennant

35 A-Frame or Sandwich Sign Abandoned Signs

36 Animated Signs Attached Signs Construction Sign

37 Directional Sign Gasoline Price Display Sign Portable Sign

38 Off-Premises Signs Projecting Sign Roof Sign

39 Integral Roof Sign Snipe Sign

40 Subdivision Sign Vehicle Sign

41 Wall Sign Temporary Window Sign

42 Warning Sign Window Sign