HomeMy WebLinkAboutPacket 10-03-2007 WorkshopCAPE CANAVERAL
City of Cape Canaveral
CITY COUNCIL WORKSHOP MEETING
WITH THE PLANNING & ZONING BOARD
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
Wednesday
Orr October 3, 2007
5:30 PM
AGENDA
CALL TO ORDER:
ROLL CALL:
DISCUSSION:
1. Sign Code Amendments.
ADJOURNMENT:
Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the
public that: If a person decides to appeal any decision made by the City Council
with respect to any matter considered at this meeting, that person will need a
record of the proceedings, and for such purpose that person may need to ensure
that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based. This notice does
not constitute consent by the City for the introduction or admission into evidence
of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges
or appeals not otherwise allowed by law. Persons with disabilities needing
assistance to participate in any of these proceedings should contact the City
Clerk's office (868-1221) 48 hours in advance of the meeting.
105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248
www.myflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com
ARTICLE IX. SIGNS*
ARTICLE IX. SIGNS*
*Cross references: Businesses, ch. 26.
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State law references: Sign regulations, F.S. §§ 125.0102, 163.3202(2)(f); outdoor advertising, F.S.
ch. 479.
Sec. 62-3301. Definitions.
For the purpose of this article, certain terms and words pertain and are defined as follows:
Abandoned sign. Any on -premises sign shall be considered abandoned if the business
identified on the sign has not been conducting business at the site on which the sign is located or at the
location noted on the sign for a period greater than 180 days. An abandoned sign includes the
advertising structure.
Advertising structure means any structure, with or without advertising display thereon, erected
or intended to inform, attract attention or advertise, and which is readily visible from any public place off
the premises upon which the structure is located. Advertising structures shall include any fixture
fastened to or painted on motorized and nonmotorized vehicles.
Animated or activated sign means a sign with physical action or motion, or giving the
appearance thereof, through the use of illumination, wind or other mechanical means. Animated signs
shall include flashing or oscillating signs and swinging signs, and shall exclude electronic message
centers, electronic adjustable alternation displays, and time or temperature units.
Banner means any sign made of paper, cloth or fabric of any kind, having only such material for
a backing. Banners may or may not have characters, letters, logos, illustrations or ornamentations
applied thereto. Banners shall include any animated, rotating or fluttering devices designed to attract
attention. Balloons shall be considered to be banners. Banners and balloons shall be permitted as
temporary special event signs. National flags and flags of political jurisdictions, including flags of states
and municipalities, shall not be considered to be banners.
Bench sign means a sign which is attached or printed onto a bench which is placed along a
public right-of-way and is an off -premises advertising sign.
Billboard means an off -premises sign larger than 32 square feet in size. See Off -premises
s1gn .
Building frontage means the length of the face of the building or elevation measured along a
road right-of-way, or a parking lot which provides access to the building, or the length of the face of the
building or elevation measured along a major water body. If a building fronts on a road right-of-way, a
parking lot or major water body, the definition set out under "building double frontage" shall apply. In no
case shall the total sign surface calculations take into account more than two frontages.
Building double frontage means a building that has frontage on two streets, or two parking lots,
or a street and a parking lot, or a street and a major body of water, a parking lot or a major body of
water.
Business means a commercial or industrial activity or establishment providing goods or
services.
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Canopy sign means a sign which is suspended from, attached to, printed on or installed on an
ornamental roof -like structure composed of rigid or nonrigid materials. Canopy signs shall include
awnings and marquees.
Changeable copy sign means a sign or portion of a sign which has letters and characters that
are not permanently attached to the sign which allows the message of the sign to change without
repainting or removing any permanent part of the sign.
Code enforcement officer shall mean any designated employee or agent of the county or the
county sheriffs office whose duty it is to enforce one or more of the codes and ordinances set forth and
who has received appropriate training as determined by the county manager or his designees or by the
county sheriffs office.
Development sign means any sign which is designed to identify a subdivision, neighborhood,
mobile home park, multiple -family project or commercial or industrial development.
Directional sign means any permanent or temporary sign which is used solely for the purpose
of indicating the direction or location of any place, object or area. Directional signs shall include signs
indicating ingress and egress from a site, guiding pedestrians or vehicles to any public or institutional
building, place of worship, hospital, transportation facility or other similar public location.
Directory sign means a sign which lists the names of individuals or businesses occupying a
building or complex of buildings on one site.
Double-faced sign means any sign with two parallel or nearly parallel faces of equal size which
are placed back to back and whose faces are located not more than 48 inches from each other at the
widest point of separation on the same structure. Where the separation exceeds 36 inches, an end
panel is required to fully cover the separation space that faces the road, providing for the appearance of
one solid sign. Double-faced signs shall be considered as one sign.
Embellishment means a panel or component of any sign which extends beyond the border of
the sign for the purpose of creative design.
Facade sign. See Wall sign .
Flag means a piece of fabric with a color or pattern which represents some country,
politicalsubdivision, organization or business entity, including flags of states and municipalities. See
also Banner .
Flashing sign. See Animated sign .
Freestanding sign means a sign which is supported by one or more columns, posts, uprights or
braces which are anchored into the ground independently of any building or other structure.
Freestanding signs shall include ground and pole signs.
Height means the vertical distance measured from finished grade to the highest point of the
sign, unless otherwise defined in this article.
Identification sign means a sign which conveys the name or address of the establishment on
the parcel where the sign is located.
Illegal sign means a sign which was erected without the required permit, or a sign which was
erected with a building permit but not in accordance with the building permit.
Illuminated sign means a sign which emits artificial light from a source within the sign or reflects
light from a source intentionally directed upon it.
Instructional sign. See Directional sign .
Memorial sign means a sign indicating a dedication or the name of the building which is cut into
a masonry surface or constructed of metal as part of the building.
Nonconforming sign means any sign which was lawfully erected and was in active use on or
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before the effective date of the ordinance from which this article is derived but does not comply
with the regulations of this article or any subsequent amendments.
Off -premises sign means any permanently affixed structure that is erected and maintained for
the purpose of advertising the name of a business, services, accommodations, products or activities
that are not available on the premises on which the sign is located.
On -premises sign means any permanently affixed structure that is erected and maintained for
the purpose of advertising the name of a business, services, accommodations, products or activities
which are actually offered for sale or for rent on the premises on which the sign is located.
Permittee means a person who holds a permit issued for a billboard sign by the state
department of transportation, pursuant to the provisions of state laws, rules and regulations.
Political campaign sign means a temporary sign erected by a political candidate or authorized
representative thereof, for the purpose of advertising a candidate or stating a position regarding an
issue which will appear on any primary, general or special election ballot in the unincorporated area of
the county.
Portable sign means any sign which is not permanently affixed to a building, structure or the
ground, or which is attached to a vehicle, or on its own trailer, wheels, or otherwise is designed or
intended to be transported from one place or another. It is characteristic of a portable sign that the
space provided for advertising messages may be changed at will by the replacement of lettering or
symbols.
Project sign means a temporary sign erected on the premises on which construction is taking
place which identifies the project, the principal contractor, architect, engineer, lending institution or
other entity involved in the construction of the project. Project signs shall include active subdivision and
development signs advertising the sale or rental of available space or sale of lots in a subdivision under
construction upon the site.
Projecting sign means a sign other than a wall sign which is attached to and extends from the
outside wall or facade of a building.
Real estate sign means a temporary sign installed by the owner or his agent which advertises
that a particular lot or a building or structure thereon is for sale, rent or lease. Real estate signs shall
include real estate directional, open house and model home signs.
Roof sign means any sign attached to or erected over or on the roof of the building. Signs
attached to or painted on a parapet wall shall not be considered roof signs.
Sign means any permanent or temporary device, including but not limited to writing, pictorial
representations, emblems, symbols, logos and flags, which is used to inform, attract attention or
advertise, and which is readily visible off the premises upon which the structure is located. Religious
emblems or symbols and bulletin boards used to display official court or publicoffice notices are not
included in this definition. See also Advertising structure .
Sign surface area means the entire area within the periphery of a regular geometric form, or
combination of regular geometric forms, comprising all of the display area of the sign. Surface area
shall not include structural elements of the sign which contain no advertising matter. The surface area
of the sign shall be measured from the outside edges of the sign or the sign frame, whichever is
greater. The sign area shall include the total of a single side of sign surface upon which copy could be
placed.
Snipe sign means any sign attached to a utility pole, tree, fence post or other object, or any
sign installed without permission of the owner of the property where the sign is placed. Any sign
designed to provide warning to the public shall not be considered to be a snipe sign.
Special event sign. See Temporary sign.
Subdivision sign. See Development sign .
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Temporary sign means any sign not constructed or intended for long term use. This excludes
window signs and portable signs.
Trailer sign. See Portable sign .
Vehicular sign means a sign affixed to or painted on a vehicle for the purpose of business
advertising. Signs affixed to vehicles identifying the make and model of the vehicle shall be excluded
from this definition.
Wall sign means an on -premises sign which is painted on, attached to or erected flush against
the exterior wall of a building, and is supported by the building. A wall sign shall have only one
advertising surface and shall not be construed to be a projecting sign. Signs attached to that portion of
a mansard roof located below the deck line and facade signs shall be considered wall signs.
Window sign means any sign painted on, attached to or hung in any window or glass door of
any building. Window signs do not include displays of merchandise.
(Code 1979, § 14-40(B); Ord. No. 95-05, § 1, 1-26-95; Ord. No. 98-30, § 1, 5-12-98; Ord. No. 03-07, §
1, 2-18-03; Ord. No. 03-47, § 1, 10-2-03)
Cross references: Definitions generally, § 1-2.
Sec. 62-3302. Enforcement.
(a) Violations of this article shall be enforced pursuant to section 1-7 or prosecuted before the
code enforcement special master pursuant to chapter 2, article VI, division 2. In addition,
violations of subsections 62-3306(a)(3), permit requirement for temporary signs, and 62-3309
(4), (5), (7), (8) and (11), prohibited signs, may be enforced pursuant to paragraph (c) below.
The provisions of this section are additional and supplemental means of enforcement. Nothing
in this section shall prohibit enforcement byany other means provided by law.
(b) Notwithstanding the provisions of this section, the county is authorized to remove, without
notice, any sign on the county right-of-way, which it determines to be a safety hazard to the
traveling public. Signs located in the county right-of-way in violation of this article are declared to
be a safety hazard to the traveling public.
(c) Citation procedure. Violator is a person, agent or representative of a business,
organization, entity or group which owns a sign that is in violation of this article, has care or
control over a sign that is in violation of this article or owns the property on which a sign is
located in violation of this article.
(1) Notification prior to citation issuance; procedures.
a. Prior to issuing a citation, a code enforcement officer shall provide a warning
notice to the violator that the violator has committed a violation of a county code
or ordinance and shall establish a reasonable time period, (one to three days)
within which the violator must correct the violation.
b. Notice shall conform to the requirements of F.S. § 162.12 when it is not
possible for the issuing code enforcement officer to hand deliver the warning
notice, and to receive in return the signature of the violator, or an appropriate
representative of the violator.
c. If, upon personal investigation, a code enforcement officer finds that the
violator has not corrected the violation, or, in the alternative, made substantial
documented effort to correct the violation, the code enforcement officer may
issue a citation to the violator.
d. A code enforcement officer shall not be required to provide the violator with a
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reasonable time period within which to correct the violation prior to issuing the
citation and may immediately issue a citation if the code enforcement officer has
reason to believe that the violation presents a serious threat to public health,
safety, or welfare, or if the violation is irreparable, or irreversible, or if the violator
is known to have violated the same code or ordinance, and has been previously
given notice andafforded the opportunity to correct the violation, within one year
of the present violation.
(2) Continuing violations. Each day a violation continues subsequent to the issuance of
a citation shall constitute a separate violation, for which the initial warning notice and
period for corrective action shall suffice, for which a separate subsequent citation may
be issued, and an additional penalty may be applied.
(3) Form of citation. A citation issued by a code enforcement officer shall be in the form
prescribed by the county and shall contain:
a. The date and time of issuance.
b. The name and address of the violator to whom the citation is issued.
c. The date and time the civil infraction was committed.
d. The facts constituting reasonable cause to believe that the violator committed
one or more civil infractions with a description of each such infraction.
e. The section number or numbers of the codes or ordinance violated.
f. The name and authority of the code enforcement officer.
g. The procedure for the violator to follow in order to pay the civil penalties or to
contest the citation.
h. The applicable civil penalty for each civil infraction if the violator elects to
contest the citation.
i. The applicable civil penalty for each civil infraction if the violator elects not to
contest the citation.
j. A conspicuous statement that if the violator fails to pay the civil penalty or
penalties within the time allowed, or fails to appear in court to contest the citation,
the violator will be deemed to have waived the right to contest the citation, and
that, in such case, judgment may be entered against the violator for an amount
up to the maximum civil penalties.
(4) Refusal to sign or accept citation. Any person who willfully refuses to sign and
accept a citation issued by a code enforcement officer shall be guilty of a misdemeanor
of the second degree, punishable as provided in F.S. §§ 775.082 or 775.083.
(5) Deposit of citations. After issuing a citation to an alleged violator, the code
enforcement officer shall deposit the original citation and one copy with the clerk of the
county court. The clerk of the court shall notify the county administrator or his designee
of any contested citations, and of the court date(s) when such contested citations may
be scheduled to be heard by the county court.
(6) Uncontested citations. A violator may pay the civil penalties as indicated on the
citation within 90 days of receiving the citation. Payment shall waive the violator's right to
a hearing to contest the citation, and shall constitute an admission of the violations.
(7) Hearing.
a. An alleged violator may contest the validity of a citation by requesting a
hearing before a judge of the county court in and for county. The alleged violator
shall request a hearing in writing within 15 days according to the instructions to
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be included on the citation form itself, or by appearance in person at the office of
the clerk of the court, or in any other manner determined by the court to be
appropriate, and which provides adequate notice to the county manager or his
designee.
b. At any hearing, proof of the commission of a violation of a code or ordinance
must be by a preponderance of the evidence. Unless otherwise required by state
law or rules of court, formal rules of evidence shall not apply but fundamental due
process shall be observed and shall govern the proceedings.
(8) Penalties.
a. A violation of a county Code provision or part thereof, that this section
authorizes to be enforced by the issuance of citations is a civil infraction when
such provision is sought to be enforced or the violator punished pursuant to this
section.
b. The maximum civil penalty or fine shall not exceed $500.00 per civil
infraction.
c. A civil penalty or fine of less than the maximum civil penalty shall be
assessed if the violator does not contest the citation.
d. The amount of the penalty for an uncontested citation shall be determined by
resolution of the board of county commissioners.
e. If, after hearing, the judge of the county court shall affirm a contested citation
or portion thereof, the court shall set the penalty for the violations. However, the
penalty set shall not be less than the amount of the citation penalty had it been
paid as uncontested.
f. All fines shall be satisfied by personal check, credit card or money order of
other payment made payable to and acceptable by the clerk of the court. The
clerk may assess a late fee against all fines paid after the original 90 -day due
date but before any hearing on the citation. All monies collected pursuant to this
ordinance shall be credited to the land development division of the county.
(9) Failure to pay or contest, failure to appear. If a violator fails to pay the civil penalties
or fines or fails to request a hearing, fails to appear in court to contest the citation when
a hearing has been requested, or fails to appear in court as may be required, the court
may enter judgment for an amount not to exceed $500.00 per infraction, and/or may
issue a rule to show cause, sua sponte, or upon the request of the issuing agency. The
court rule to show cause shall require the violator to appear before the court to explain
why action on the citation has not been taken. If a person who uses such rule to show
cause fails to appear in response to the court's order, the violator may be held in
contempt of court.
(10) Collection. As an additional remedy, the county may refer violations neither paid
within 90 days of issuance nor contested within 15 days of issuance to a collection
agency for processing, collection, and notification of failure of payment to any credit
bureau.
(Code 1979, § 14-40(L); Ord. No. 97-39, § 1, 10-7-97; Ord. No. 03-07, § 2, 2-18-03)
Sec. 62-3303. Purpose and applicability.
(a) It is the purpose and intent of this article to provide a comprehensive set of guidelines
regulating the type, number, size, location and maintenance of all on -premises, off -premises
and temporary signs and advertising structures in order to protect the health, safety, welfare and
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general well-being of the citizens of the county. It is also the intent of this article to provide
flexibility for reasonable identification and advertising by professional, commercial and industrial
establishments while promotingtraffic safety and avoiding visual blight and contributing to the
overall aesthetic well-being of the citizens which translates to economic, social and general well-
being of the county.
(b) It is not the intent of this article to regulate the copy or content of signs or to give greater
protection to either commercial or noncommercial speech. Any sign authorized by this article
may contain noncommercial copy.
(c) This article shall be applicable to the unincorporated areas of the county.
(Code 1979, § 14-40(A); Ord. No. 03-47, § 2, 10-2-03)
Sec. 62-3304. Nonconforming signs.
Signs or advertising structures which are made nonconforming by this article shall be regulated
as follows:
(1) Any temporary sign pursuant to section 62-3317 shall be removed or made to
conform to this article within 180 days from the effective date of the ordinance from
which this article is derived.
(2) No conforming sign or advertising structure shall be permitted to be erected on the
same place of business with an existing nonconforming sign until the nonconforming
sign has been removed or made conforming.
(3) A nonconforming permanent sign shall not be modified in such a way which would
increase the nonconformity of the sign. A nonconforming sign shall not be replaced by
another nonconforming sign except for the change of copy or substitution of changeable
panels.
(4) Reasonable repair and maintenance of nonconforming signs, including change of
advertising message, is permitted and is not a change, which would terminate the
nonconforming status. Reasonable repair and maintenance means the work necessary
to keep the sign structure in a state of good repair, including the replacement, in-kind, of
materials in the sign structure. Where the replacement of materials is involved, such
replacement may not exceed 50 percent of the structural materials in the sign within any
24 -month period. The replacement value and repair and maintenance cost shall be
determined by the submission of two written estimates from contractors, engineers, or
architects.
(5) A nonconforming sign may not be disassembled and re -erected at the same
location.
(6) A nonconforming sign may not be relocated.
(7) A nonconforming sign may continue to exist so long as it is not destroyed,
abandoned, or discontinued as follows:
a. "Destroyed" means more than 50 percent of the upright supports of a sign
structure are physically damaged such that the normal repair practices of the
industry would call for replacement of the damaged support(s). A sign will not be
considered "destroyed" within the meaning of this section under the following
conditions:
1. The destruction of a sign caused by vandalism or other criminal or
tortuous act.
2. The sign owner must demonstrate that the replacement materials cost
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would not exceed 50 percent of the value of the structural materials in the
sign, immediately prior to destruction. The following shall be applicable in
determining whether the replacement materials cost to re -erect the sign
would not exceed 50 percent of the value of the structural materials in the
sign:
A. Structural materials are all those materials incorporated into
the sign as load-bearing parts, including vertical supports,
horizontal stringers, braces, bracing wires, brackets and catwalks.
Structural materials do not include the sign face, and skirt, any
electrical service, or electrical lighting, except in cases where such
items have been incorporated into the sign as load-bearing parts.
B. The value of the structural materials in the sign immediately
prior to destruction shall be based on the cost of all structural
materials contained in the sign as it was configured just prior to
damage, and the cost of such materials shall be based on or
about the date of destruction, without regard to any labor costs or
special market conditions.
C. The materials to be included in the replacement materials
costs to re -erect the sign shall be all materials that would be used
to return the sign to its configuration immediately prior to
destruction, and shall include any material obtained from a source
other than the sign itself, that is repaired on site. The repairs to the
sign shall be those reasonably necessary to permanently repair
the sign in accordance with the normal industry standard. The cost
of such materials shall be as described in subsection2.B., above.
b. A nonconforming sign is "abandoned" or "discontinued" when the sign face
which remains devoid of a bona fide advertising or when there is no bona fide
advertising contract for 180 consecutive days or longer. Signs displaying an
"available for lease" or similar message, signs displaying advertising for a
product or service no longer available, and partially obliterated signs which do
not identify a particular product, service, or facility shall be considered void of
advertising matter. A nonconforming sign which is abandoned or discontinued
shall lose its nonconforming status.
(8) Any repair and maintenance or re -erection of a nonconforming sign pursuant to this
section, without the required building or sign permit shall constitute prima facie evidence
that the damage or adverse conditions exceeded the limits provided herein and result in
the loss of nonconforming status.
(9) Signs, which lose nonconforming status, are illegal and subject to section 62-3305.
(Code 1979, § 14-40(J); Ord. No. 98-30, § 2, 5-12-98; Ord. No. 99-57, § 1, 10-26-99; Ord. No. 03-47, §
3, 10-2-03)
Sec. 62-3305. Removal of illegal or abandoned signs.
(1) All signs deemed to be illegal or abandoned as defined in this article shall be removed
within 30 days of the effective date of the ordinance from which this article is derived.
(2) Any sign which is located in the unincorporated area or the county, which sign was erected,
operated, or maintained without the permit required by this article, or is abandoned, is declared
to be a public nuisance and shall be removed as provided in this section. Each day an illegal or
abandoned sign remains located in the unincorporated area of the county constitutes a separate
violation.
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(3) Upon a determination by the code compliance department that a sign is abandoned, or
erected or maintained without a permit, the sign face shall be prominently posted with a notice
stating that the sign is illegal and must be removed within 30 days after the date on which the
notice was posted if it is a permanent sign or removed within 24 hours if it is a temporary sign. A
written notice shall be sent by certified mail to the current land owner of record of the property
on which the sign is located and thesign owner, if identified on the sign, concurrent with and in
addition to posting the notice on the sign, stating that the sign is illegal and must be permanently
removed within the time period specified on the posted notice. The written notice shall further
state that the sign owner has a right to request a hearing before the code enforcement special
master, which request must be filed with the code enforcement division within 30 days after the
date of the written notice. However, the filing of a request for a hearing will not stay the removal
of the sign.
(4) If, pursuant to the notice provided, the sign is not removed by the sign owner within the
prescribed period, the county shall immediately cause removal of the sign without further notice;
and for that purpose, the employees, agents, or independent contractors of the county may
enter upon private property without incurring any liability for so entering.
(5) For purposes of this section, a notice to the sign owner, when required, constitutes
sufficient notice. Under such circumstances, notice is not required to be provided to the lessee,
advertiser, or the owner of the real property on which the sign is located.
(6) If, after a hearing, it is determined that a sign has been wrongfully or erroneously removed
pursuant to this section, the county shall compensate the sign owner for lost revenues, and at
the sign owner's discretion, shall pay either just compensation to the owner of the sign or
reerect the sign, in kind, at the expense of the county.
(7) However, if the sign owner demonstrates to the county that:
(a) The sign has been unpermitted, structurally unchanged, and continuously
maintained at the same location;
(b) The sign meets the criteria established in this article for issuance of a permit;
(c) The county has not initiated a notice of violation or taken other action to remove the
sign; and
(d) The county determines that the sign is not located on a public right-of-way and is
not a safety hazard, the sign may be issued a pemit by land development upon
application in accordance with this article and payment of a penalty fee of $500.00 and
all applicable fees required by this article.
(8) (a) If a sign is under construction and the county determines that a permit has not been
issued for the sign as required under provisions of this chapter, the county is authorized to
require that all work on the sign cease until the sign owner shows that the sign does not violate
the provisions of the section. The order to cease work shall be prominently posted on the sign
structure, and further notice is required to be given. The failure of a sign owner or her or his
agents to immediately comply with the ordershall subject the sign to prompt removal by the
county.
(b) For the purposes of this subsection only, a sign is under construction when it is in
any phase of initial construction prior to the attachment and display of the advertising
message in final position for viewing by the traveling public. A sign that is undergoing
routine maintenance or change of the advertising message only is not considered to be
under construction for the purposes of the subsection.
(9) The cost of removing a sign, whether by the county or an independent contractor, shall be
assessed against the owner of the sign by the county. Unpaid removal costs shall be imposed
as a lien against the sign owner by the code enforcement special master at the properly noticed
hearing.
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(Code 1979, § 14-40(K); Ord. No. 99-57, § 2, 10-26-99)
Sec. 62-3306. Permits generally.
(a) Required permits and approvals.
(1) Approval of permanent signs. The land development division shall review
applications for approval of any permanent sign, including but not limited to billboard
signs, directional signs, directory signs, identification signs and subdivision signs. These
types of signs shall be reviewed to determine compliance with the maximum size and
number of signs, minimum setbacks, maximum height, minimum ground clearance and
minimum separation requirements between signs prior to the issuance of a building
permit. A completed application for sign approval shall be submitted by the property
owner of record, or his authorized representative, to the county land development
division, on a form provided by the county. The applicant shall also pay the appropriate
fees as established by the board of county commissioners by resolution from time to
time. The application shall include, as a minimum, the following information:
a. The name and address of the property owner.
b. The name and address of the applicant or owner of the sign, if different than
the property owner.
c. A legal description of the property on which the proposed sign is to be
located, and the street address, if available.
d. The zoning classification of the property.
e. A description or illustration of the proposed sign, including all dimensions of
the proposed sign and the total sign surface area.
f. A site plan showing the location of the proposed sign in relation to the
property lines, principal structures on the property and other existing signs on the
lot.
g. Where wall signs are proposed, elevations of the structure, together with the
proposed signs and calculations of wall area.
h. For billboard signs, two copies of a boundary survey are required. In addition,
the location of the billboard in relation to the nearest existing billboard signs
located on all other properties on the same side of the adjacent roadway shall
also be provided.
(2) Building permit. Except as provided in section 62-3307, no person shall erect,
construct, locate, make structural repairs or maintain or permit to be erected,
constructed, located, structurally repaired or maintained any permanent sign on property
located within the unincorporated area of the county, without prior issuance of a building
or electrical permit by the county building division. The following items shall be submitted
to the building division for a building permit for a sign:
a. A completed building permit application.
b. Two sets of basic sign and footer details, which must be sealed and have
wind load calculations by a state -certified engineer or architect if the sign is:
1. More than 32 square feet in sign surface area.
2. Greater than ten feet in height, regardless of size.
3. Of an unusual nature or design as determined by the building official
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or his designee.
c. Electrical details, including the number of lights and transformers and the
disconnect switch location on the sign.
d. Two sets of drawings showing the message on the sign.
e. Two copies of the approved site plan showing the location of the sign with
setbacks from lot lines and showing the building footprint, drives and parking lots.
f. For wall sign plans, the elevation of the building wall on which the sign is to be
attached and a section showing how the wall sign is to be attached to the
building.
g. Two copies of a completed notice of commencement if the job cost is over
$2,500.00.
(3) Temporary signs. Except as provided in section 62-3307, no person shall locate
any temporary sign on property within the unincorporated area of the county without
prior issuance of a permit issued by the county code enforcement division. A completed
application shall be submitted by the property owner of record, or his authorized
representative, to the code enforcement division, on a form provided by the county. The
applicant shall also pay the appropriate fee, as established by the board of county
commissioners by resolution from time to time. The application shall include the same
information outlined in subsection (a)(1) of this section. If approved, an application may
be made to the building division for an electrical permit, if required.
(b) Tag. At the time of issuance of a building permit for a sign or a temporary sign permit, the
building division or the code enforcement division, respectively, shall issue to the applicant a
tag, upon which will be imprinted the number of the permit and the year of its issuance or the
date of expiration. The tag shall be securely attached to the supporting structure of the sign no
more than six feet above ground level.
(c) Transfer. Permits issued under this article may be transferred from one owner of the
property or sign to another, but may not be transferred from one location or property to another.
(d) Temporary special event signs. The applicant for a permit for a temporary special event
sign shall specify the number of events and the dates for which the special event sign will be
displayed. The permit will be issued based upon these specified limitations. If the applicant
wishes to amend the original time periods specified within the permit, the applicant shall
notifythe code enforcement division of the change by certified mail. The code enforcement
division shall provide written verification of the change of status to the applicant.
(e) Applications for required permits shall be approved or denied with written cause within 14
days of submittal. The 14 -day period shall run from the date the applicant certifies in writing that
the application is complete. In the event more information is required from the applicant to
complete review of the application, the 14 -day period shall run from the receipt of the additional
information. In the event the applicant has not been notified that the application has been
denied upon the expiration of the 14 -day period, the permit shall be automatically issued and
forwarded to the applicant.
(Code 1979, § 14-40(C); Ord. No. 98-30, § 3, 5-12-98; Ord. No. 03-47, §§ 4, 5, 10-2-03)
Sec. 62-3307. Exemptions from permit requirement.
The following types of signs do not require a permit, provided that the sign complies with the
applicable provisions of this article:
(1) Change of copy. Any change of sign copy or the repainting of any sign face shall
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not require a permit.
(2) Traffic regulatory and directional signs. Traffic regulatory and directional signs
erected by authorized agents of the county or state, a municipality, the federal
government or a private development for the safety and welfare of the public shall not
require a permit. However, such signs must comply with all applicable standards of the
Manual of Uniform Traffic Control Devices.
(3) Identification signs. Identification signs which do not require a permit include signs
identifying only the name and address of the owners, occupants or buildings. Such signs
shall not exceed an area of two square feet for a single-family residential structure or
four square feet for a multiple -family, nonresidential or mixed use structure.
(4) Flags, banners and symbols. Flags, emblems, symbols or insignias of any nation,
state, political subdivision, religious, charitable, political, social or fraternal organization,
school, public or private nonprofit organization or any business shall be exempt from
permitting when the flag or symbol is displayed on a pole or other supporting structure.
Flags, banners and symbols shall meet the criteria set forth in section 62-3316(g).
(5) Memorial signs. Memorial signs, including the names of buildings, dates of erection
or historical data, shall be exempt from permitting when cut into any masonry surface,
inlaid into the face or foundation or affixed to the face of a building.
(6) Window signs. Window signs shall not require a permit, but shall not exceed 50
percent coverage of each individual window. Special event signs for nonprofit
organizations, open and closed signs and signs indicating hours of operation shall not be
used in calculating the 50percent maximum.
(7) Machine or equipment signs. Signs incorporated on machinery or equipment at the
manufacturer's or distributor's level, which identify or advertise only the product or
service dispensed by the machine or equipment, shall be exempt from permitting. These
include but are not limited to signs customarily affixed to vending machines, newspaper
racks and telephone booths. Gasoline and fuel pricing signs shall be exempt when
required by law to be posted.
(8) Political campaign signs. Nonilluminated political campaign signs and public issue
signs shall be exempt from permitting, subject to the requirements of section 62-3317.
(9) Holiday signs. Holiday signs, emblems, symbols and decorations for national or
religious holiday observance shall be exempt from permitting.
(10) Garage sale signs. Garage sale signs shall be exempt from permitting subject to
the requirements set forth in section 62-3317.
(11) Real estate signs. Signs for sale, lease or rental of real estate shall be exempt
from permitting, subject to the requirements of section 62-3317. Real estate signs also
include open house and model home signs.
(12) Vehicular signs. Vehicular signs shall be exempt from permitting.
(13) Public convenience and warning signs. Signs which identify the location of
restrooms and public telephones and signs which indicate dangers of trespassing,
swimming and animals shall be exempt from permitting.
(14) Historical markers. Any sign, banner or symbol used for the purpose of
designating a historical structure, place or site recognized by a governmental entity shall
be exempt from permitting.
(15) Temporary construction signs. Any temporary project sign under 32 square feet in
size shall be exempt from permitting, subject to the provisions of section 62-3317, as
applicable.
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(Code 1979, § 14-40(D); Ord. No. 97-39, § 2, 10-7-97)
Sec. 62-3308. Maintenance.
All signs regulated by this article, including their supports, braces, guys and anchors, shall be
maintained so as to ensure the structural integrity of the sign. Painted areas and sign surfaces shall be
kept in good condition, and illumination, if provided, shall be maintained in safe and good working
order.
(Code 1979, § 14-40(M))
Sec. 62-3309. Prohibited signs.
(a) Generally. The following types of signs are prohibited:
(1) Signs which are placed on county property, including the county right-of-way,
except for the following:
a. Government regulatory signs;
b. Emergency signs, warning signs erected by a governmental agency, public
utility company, or contractor doing authorized or permitted work within the public
right-of-way;
c. Bus bench and shelter signs authorized by the board of county
commissioners;
d. Temporary signs which meet the criteria provided in section 62-3317(b);
e. Beautification/landscaping sponsorship signs not exceeding four square feet
in size and two feet in height.
(2) Portable signs, except as provided in section 62-3317;
(3) Signs which imitate authorized traffic signs, signals or devices;
(4) Snipe signs;
(5) Signs found by the code enforcement division or building division to be structurally
unsafe or a hazard to public safety;
(6) Abandoned signs;
(7) Any series of two or more signs which must be read together to obtain a single
message;
(8) Animated signs or activated signs;
(9) Roof signs, except when incorporated into the building plans as an integral part of
the structure;
(10) Any sign which is erected, constructed or located on a parcel or tract of land
without obtaining the appropriate permits when a permit is required;
(11) Banners or flags, except as provided for in sections 62-3307(4) and 62-3316(g);
and
(12) No off -premises signs shall be erected after October 16, 2003.
(b) Off -premises noncommercial signs on scenic roadways. No off -premises noncommercial
(billboard) sign shall be erected, constructed or located on property adjacent to or visible from
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the following road segments in the unincorporated area of the county:
(1) U.S. 1, from the intersection of SR 46 to the Volusia County line;
(2) SR 46, entire length;
(3) SR 50, entire length;
(4) SR 405, entire length;
(5) U.S. 1, from the south corporate limits of the city of Titusville to Golden Knights
Boulevard;
(6) SR 407, entire length;
(7) SR 528, entire length;
(8) SR 524, entire length;
(9) SR 520, from its intersection with 1-95 to the Orange County line;
(10) CR 3, from SR 528 to the boundary of Kennedy Space Center;
(11) Tropical Trail, entire length;
(12) SR 515, from its northern terminus to the north corporate limits of the city of
Cocoa, andfrom the south corporate limits of the city of Rockledge to its southern
terminus;
(13) SR 404, entire length;
(14) Wickham Road, entire length;
(15) SR A1A, from the south corporate limits of the town of Melbourne Beach to the
Indian River County line;
(16) U.S. 1, from the south corporate limits of the town of Malabar to the Indian River
County line;
(17) Babcock Street, from the south corporate limits of the city of Palm Bay to the
Indian River County line;
(18) U.S. 192, from its intersection with 1-95 to the Osceola County line;
(19) U.S. 1, east side, from the south corporate limits of the city of Rockledge to the
north corporate limits of the city of Melbourne; and
(20) SR A1A, unincorporated areas, between the south boundary of Patrick Air Force
Base and the north boundary of the town of Indialantic.
(Code 1979, § 14-40(E); Ord. No. 97-39, § 3, 10-7-97; Ord. No. 99-49, § 1, 8-31-99; Ord. No. 03-47, §
6, 10-2-03)
Sec. 62-3310. Construction standards.
All signs which are erected or installed on property within the unincorporated areas of the
county shall be constructed in accordance with the county's adopted building and electrical codes.
Applications for permits for freestanding signs which meet the requirements of section 62-3306(a)(2)b
shall include certified engineering specifications showing stress diagrams and calculations illustrating
that the structure is designed for dead load and wind pressure in any direction.
(Code 1979, § 14-40(F)(1))
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Sec. 62-3311. Obstruction to line of sight.
No sign shall be placed at any location on a lot or parcel of land where it may interfere with or
obstruct free and clear vision for pedestrian, bicycle and vehicular traffic. In order to maintain a clear
line of sight at intersections of roadways, sidewalks and bikepaths, no part of any sign or advertising
structure shall be located closer than 25 feet to the intersection of any right-of-way lines, except as
specifically provided for in section 62-3316(b)(4).
(Code 1979, § 14-40(F)(2))
Sec. 62-3312. Obstruction to openings used for exits and ventilation.
No sign shall obstruct a fire escape, window, door or other opening used as a means of entry or
exit which prevents the free passage of persons or which interferes with openings required for
ventilation.
(Code 1979, § 14-40(F)(3))
Sec. 62-3313. Clearance from utility lines; erection in easement or right-of-way.
Signs and their supporting structures shall maintain clearance with all aboveground and
belowground utility equipment and lines, and shall in no case be erected in a drainage or utility
easement or right-of-way except where specifically permitted.
(Code 1979, § 14-40(F)(4))
Sec. 62-3314. Illumination.
Illuminated signs shall be shielded with an opaque shade and directed so as to produce no
glare on roadways and surrounding properties.
(Code 1979, § 14-40(F)(5))
Sec. 62-3315. Interference with radio and television transmissions.
All signs shall be constructed and grounded so as not to cause interference with radio,
television or other communication transmissions.
(Code 1979, § 14-40(F)(6))
Sec. 62-3316. On -premises signs.
(a) Maximum surface area. A total sign surface area of two square feet for each linear foot of
building frontage facing a public street or parking lot shall be allowed on each parcel or tract of
land located in the BU -1-A, BU -1, BU -2, TU -1, TU -2, RVP, RP, IU, IU -1, PBP and PIP zoning
classifications. The sign surface area of freestanding signs, wall signs, projecting signs and
window signs shall be utilized to calculate the maximum allowable cumulative sign surface
area.
(b) Freestanding signs.
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(1) Maximum number. One freestanding sign per each minimum parcel of land on a
public street shall be permitted. Where the parcel is located on more than one street
frontage, one freestanding sign shall be permitted on each street frontage. If the parcel
has street frontage in excess of 200 feet, one additional freestanding sign shall be
permitted for each 200 -foot increment.
(2) Size. Except within the Merritt Park Place subdivision in the Merritt Island
Redevelopment Area, the maximum allowable sign surface area for each freestanding
sign shall be 150 square feet. Within the Merritt Park Place subdivision in the Merritt
Island Redevelopment Area, the maximum allowable sign surface area for each
freestanding sign shall be 64 square feet. In cases where more than one freestanding
sign is permitted, the aggregate sign surface area shall not exceed 300 square feet. In
the TU -2 zoning classification, one freestanding sign may be permitted up to 250 square
feet in area. However, in the TU -2 zoning classification, if the property qualifies for more
than one freestanding sign, the aggregate sign surface area shall not exceed 400 square
feet.
(3) Separation. Freestanding signs shall be placed no closer than 100 feet apart on the
same parcel or tract of land and no closer than 50 feet from a freestanding sign located
on an adjacent parcel or tract of land.
(4) Setback. Except within the Merritt Park Place subdivision in the Merritt Island
Redevelopment Area, freestanding signs shall maintain a minimum 15 -foot setback from
all property lines. Pole or pedestal -mounted signs shall maintain a clearance of eight feet
from the bottom of the sign to the ground when located closer than 25 feet to any
intersection. Ground signs shall be no higher than four feet when located closer than 25
feet to any intersection. Within the Merritt Island Redevelopment Area, freestanding
signs in the Merritt Park Place subdivision shall maintain a minimum 7 1/2 foot setback
from all property lines, except where coincident with the SR 520 right-of-way line.
Otherwise, all other provisions as described above shall apply.
(5) Maximum height. The maximum height for any freestanding sign shall be 20 feet,
except in the TU -2 zoning classification, where the maximum height shall be based on
the structural height thresholds specified in article VI of this chapter.
(6) Changeable copy. No more than 90 percent of the sign surface area of any
permanent freestanding sign shall be a changeable copy sign.
(7) Permitted zoning classifications. See table 1 following this article.
(c) Wall signs.
(1) Wall coverage. The total number of wall signs and coverage area is limited by the
criteria in subsection (2), below.
(2) Size. The maximum allowable aggregate sign surface area for all wall signs on any
structure shall not exceed one square foot per linear foot of building frontage facing a
public street or parking lot, except that each separate establishment in a multiple -unit
project shall be entitled to a minimum sign surface area of 20 square feet. Wall signage
shall not exceed ten percent of the square footage of the building wall, regardless of the
number of signs.
(3) Geometric area. Where individual letters or other graphic symbols are used
separately or together to form the intended message, the size shall be determined by
using the geometric area of the common shape which totally encloses the letters or
symbols.
(4) Changeable copy. No more than 90 percent of the sign surface area of any wall
sign shall be a changeable copy sign.
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(5) Maximum projection and height. No wall sign shall project above the roofline or
beyond the facade or wall of the structure to which the sign is attached. Wall signs shall
not project more than 12 inches out from the wall to which they are attached, and shall
not project into the public right-of-way.
(6) Permitted zoning classifications. See table 1 following this article.
(d) Projecting signs.
(1) Maximum number and size. One projecting sign may be substituted for each wall
sign provided that the aggregate sign surface area of the projecting sign shall not
exceed the allowable sign surface area of the wall sign which the projecting sign
replaces.
(2) Maximum projection and height. Projecting signs shall not project more than four
feet from the building wall on which the sign is attached. No projecting sign shall extend
more than 20 feet above ground level to the top of the sign, and signs shall not project
above the roofline of the structure on which the sign is attached. Projecting signs shall
not project into the public right-of-way, and shall maintain a minimum clearance of eight
feet from the ground to the bottom of the sign.
(3) Under -canopy signs. Where an awning, canopy or marquee is utilized, an under -
canopy sign may be hung from the awning, canopy or marquee provided that the sign is
no larger than four square feet and maintains a minimum clearance of at least eight feet
from the bottom of the sign to the sidewalk grade. No more than one under -canopy sign
shall be utilized by each separate establishment, and the square footage of the sign
shall be included in the maximum allowable sign surface area.
(4) Changeable copy. No part of a projecting sign may be a changeable copy sign
unless the tract or parcel of land does not have a freestanding sign. In a case where no
freestanding sign exists on the property, no more than 90 percent of the surface area of
the projecting sign shall be a changeable copy sign.
(5) Distance from adjacent property or buildings. Projecting signs shall not be erected
closer than five feet to another lot line or adjacent establishment.
(6) Permitted zoning classifications. See table I following this article.
(e) Multifamily development.
(1) Freestanding signs.
(a) Area. One freestanding sign for each street frontage shall be permitted as
follows:
(1) Uses of 12 units or less: 16 square feet.
(2) Uses of 13 units or more: 24 square feet.
(b) Location. The sign may be a single sign with two faces of equal size if
located within an entrance median within a private roadway or drive, or two
single -face structures of equal size located on each side of the entrance.
(c) Height and front setback. Maximum height shall be six feet with a minimum
setback of ten feet from front property lines.
(d) Side setback. Minimum setback from side lot lines shall be ten feet.
(2) Wall signs. One wall sign may be utilized in lieu of a freestanding sign of a
maximum size as specified in section 62-3316(e)(1)(a) above. No projecting or roof
signs shall be permitted.
(f) Ingress and egress signs.
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(1) Maximum number. Two signs, for directional purposes only, shall be permitted at
each point of ingress and egress to a parking area as approved on the site plan or plat.
(2) Size. The maximum allowable sign surface area for each ingress and egress sign
shall be four square feet. The sign surface area of ingress and egress signs shall not be
included in the maximum allowable sign surface area.
(3) Maximum height. Ingress and egress signs shall not exceed four feet in height as
measured from the top of the sign to the grade of the road nearest to the base of the
sign.
(4) Permitted zoning classifications. See table 1 following this article.
(g) Flags.
(1) Maximum number. A maximum of four flagpoles shall be permitted per each
minimum parcel of land on a public street. Only one flag shall be allowed on a flagpole.
(2) Maximum size. Flag size shall be in relation to the height of the flagpole. The
maximum height of any flag or combination of flags shall be 25 percent of the total height
of the flagpole.
(3) Maximum height. The maximum height of a flagpole shall be 32 feet.
(4) Setback. Flagpoles shall maintain a 15 -foot setback from all property lines and a
25 -foot setback from any intersection.
(5) Permitted zoning classifications. See table 1 following this article.
(Code 1979, § 14-40(G); Ord. No. 97-39, § 7, 10-7-97; Ord. No. 98-30, § 4, 5-12-98; Ord. No. 99-24, §§
11, 12, 4-8-99; Ord. No. 02-013, § 1, 3-19-02)
Sec. 62-3317. Temporary signs.
All temporary signs and portable signs shall be permitted pursuant to section 62-3306(a)(3),
except where exempted in section 62-3307.
(1) Temporary signs.
a. Maximum aggregate sign surface area. The maximum aggregate sign
surface area shall not exceed 48 square feet per lot for temporary signs located
within any residential zoning classification. The maximum allowable size for any
temporary sign located on residentially zoned property shall not exceed 16
square feet. The maximum aggregate sign surface area for temporary signs
located within any commercial or industrial zoned classifications shall not exceed
200 square feet per lot or site plan. Portable signs shall be included in
determining the maximum aggregate sign surface area.
b. Setback/size. Temporary signs located on private property shall meet the
following criteria:
1. If the temporary sign is located within five feet of the front (road
frontage) property line, the temporary sign may be four square feet
maximum and a maximum four feet in height measured from the ground.
2. If the temporary sign is setback five to 15 feet, the temporary sign
may be 32 square feet maximum and a maximum of ten feet in height
measured from the ground.
3. If the temporary sign is setback 15 to 25 feet, the temporary sign may
be 40 square feet maximum and a maximum of 20 feet in height
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measured from the ground.
4. If the temporary sign is setback 25 feet, the temporary sign may be 75
square feet maximum and a maximum of 32 feet in height measured from
the ground.
5. All temporary signs shall maintain a minimum 15 -foot setback from all
other property lines.
c. Time limitation.
1. Temporary signs subject to permitting requirements are not to be
erected for more than 30 consecutive days per permit. No more than six
temporary signs permits may be issued for location at a particular
property within a 12 -month period.
2. Temporary signs exempt from permitting requirements and located on
private property shall be posted as follows:
i. Noncommercial temporary signs shall be removed or replaced
every 30 days.
ii. Temporary political campaign signs shall be removed within
seven days after (1) withdrawal from candidacy, (2) elimination
from candidacy, or (3) election to office.
iii. All other temporary signs shall be removed within seven days
after the completion of the event.
(2) Temporary signs located in county right-of-ways. Directional signs may be located
in the county right-of-way to direct traffic to special events, garage sales and real estate
model homes and open houses, subject to the following criteria:
a. Size and construction --special event and garage sale signs. Special event
and garage sale directional signs may not exceed four square feet. Signs shall
be constructed of durable, low -impact materials, such as lightweight metal,
plastic or wood products.
b. Size and construction --Model home and open house signs. Model home and
open house directional signs may not exceed four square feet and shall be
constructed of metal or similar durable material, principally supported by a
freestanding frame placed in the ground. Industry sponsored, multi -location real
estate competitions shall be considered special events for the purposes of this
subsection.
c. Maximum height. The height of the sign, measured from the ground to the
top of the sign, shall not exceed four feet.
d. Setback. Signs shall be set back at least five feet from the edge of pavement
or the face of curb where applicable. Signs shall not be located closer than 25
feet from any intersecting right-of-way lines and shall not be placed in the
median.
e. Time limitation. Signs may be displayed only during actual hours of
operation.
f. Maximum number. A maximum of six signs per each event location may be
posted pursuant to this subsection. One sign per named roadway may be posted
to direct traffic to the subject location. However, along highways of four lanes or
more, a maximum of two signs may be posted, one for each traveled direction.
Subsequent signs may be posted at a change of direction.
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(3) Portable signs.
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a. Maximum number. No more than three portable signs may be placed on the
premises where an activity or event is taking place. Each portable sign shall be
separated by a minimum distance of 100 feet. Such signs shall only use indirect
lighting.
b. Size. The maximum allowable size is 32 square feet, with a maximum
allowable height of ten feet.
c. Setback. Portable signs shall maintain a minimum setback of 15 feet from all
property lines.
d. Time limitation. Portable signs shall not be erected for more than 30
consecutive days per permit. No more than four portable sign permits may be
issued for location at a particular property within a 12 -month period.
(4) Temporary construction signs.
a. Maximum number. An on-site temporary construction sign may be erected
per street frontage after a preliminary plat (each phase of a subdivision) or site
plan has been approved for the development. Where the subject property has
street frontage in excess of 200 linear feet, one additional sign shall be permitted
for each 200 foot increment.
b. Size. The maximum allowable sign surface area of a temporary construction
sign shall be 50 square feet.
c. Setback. Temporary construction signs shall maintain a minimum 15 -foot
setback from all property lines.
d. Maximum height. The maximum height of any temporary construction sign
shall be four feet, except where the sign is set back 25 feet or more from any
adjacent right-of-way, where the maximum height shall be eight feet.
e. Time limitation. Temporary construction signs shall be removed once 90
percent of the subdivision is sold or leased by the developer. All other temporary
construction signs shall be removed prior to the issuance of a final certificate of
occupancy.
f. Temporary off -premises directional signs. Temporary off -premises signs may
be placed on vacant lots, tracts or parcels of land subject to the provisions of this
subsection. The applicant shall have written permission of the owner prior to
placing an off -premises construction sign on such vacant lot, parcel or tract of
land.
(5) Temporary special event signs.
a. Banners may be permitted in any zoning district. A cold air inflatable sign
may be permitted in all zoning districts except residential zoning districts.
b. A special event sign shall not exceed 75 square feet in copy area per sign
face.
c. Banner signs shall be securely anchored to buildings, poles, or other
structural supports but shall not be permitted to be attached to electric, telephone
or other utility poles, guys, or devices.
d. A maximum number of one banner sign may be permitted on a parcel and
shall not exceed 20 feet in height.
e. A special event sign shall not be erected more than three days prior to the
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special event which it advertises, identifies, or announces and it shall be
removed not more than one day after the special event terminates.
f. No more than one permit for a special event sign shall be issued for any one
parcel, or site within 3 -month period.
g. A special event sign shall be set back at least ten feet from all property lines.
(Code 1979, § 14-40(H); Ord. No. 97-39, § 4, 10-7-97; Ord. No. 03-47, § 7, 10-2-03)
Sec. 62-3318. Off -premises signs.
(a) Off -premises signs.
(1) Findings, intent and purpose. The construction, erection, location, and use of off -
premises signs currently affects the aesthetics, public safety and public welfare of the
people of the county, The construction and erection of further off -premises signs within
the county will:
a. Further degrade the aesthetic attractiveness of the natural and manmade
attributes of the community, thereby undermining the economic value of tourism
and the permanent economic growth that is necessary for the promotion and
preservation of the public welfare; and
b. Have a further detrimental effect on traffic safety.
[(2) Reserved. ]
[(3) Reserved. ]
(4) Enforcement and penalties.
a. In connection with any off -premises sign which is erected or constructed in
violation of the provisions of subsection (3) [sic], each day the sign remains
erected in violation of the ordinance shall constitute a separate violation and
each person responsible for erecting or constructing such sign is subject to a
penalty of $500.00 per day until the sign is removed.
(5) Board's power and right to legislate. This section shall not affect the board's powers
and right to legislate or regulate an owner's obligation to maintain in good condition any
off -premises sign already constructed and erected as of October 16, [2003,] removal of
any off -premises sign from along any portion of a county, state, interstate highway
system or the federal -aid primary highway system, or enforcement of this section.
(Code 1979, § 14-40(I); Ord. No. 99-49, § 2, 8-31-99; Ord. No. 03-47, § 8, 10-2-03)
Sec. 62-3319. Waivers and appeals.
Appeals from the administrative interpretation of this article or denial of a sign permit shall be
heard by the board of county commissioners pursuant to article II, division 6, Appeals, of this chapter.
The county manager or designee, upon receipt of a written request for an appeal, shall schedule
a time for hearing within 30 days and shall give notice of the time and place of the hearing to the
applicant. A decision of the board shall be rendered in writing within 15 days of the appeal hearing. The
applicant may appeal the board's decision to the circuit court by filing a petition for writ of certiori with
the clerk to the circuit court no later than 30 days after the decision. The status quo shall be maintained
pending the outcome of judicial review, unless otherwise ordered by a court of law.
(Ord. No. 97-39, § 5, 10-7-97; Ord. No. 03-47, § 9, 10-2-03)
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ARTICLE IX. SIGNS*
Secs. 62-3320--62-3600. Reserved.
TABLE 1. PERMITTED SIGNS BY TYPE AND ZONING CLASSIFICATION
TABLE INSET:
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TABLE INSET:
X Permitted
1 Permitted for commercial uses only
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Type of Sign
Permanent On -Premises
Temporary
Zoning
gication
ClassifEst
Freestanding
Sigel
Projecting
Development
Directional
Flags
Portable
Re
Sign
Sign
Sign
Sign
Sign
Sic
GU, AU, PA,
X
X
X
X
X
AGR
SR, RR -1,
2
X
X
X
SEU, REU
EU, EU -1,
2
X
X
X
EU -2
RU -1-7, RU -
1 -9, RU -1-11,
2
X
X
X
RU -1-13
RRMH-1,
RRMH-2.5,
RRMH-5,
2
X
X
X
TRC -1, TR -3
RU -2-4, RU -
2 -6, RU -2-8,
RU -2-10, RU-
2
X
X
X
2-12, RU -2-
15
RU -2-30
1
1
1
X
1
X
1
X
PUD
1
1
1
X
1
X
1
X
RVP
X
X
X
X
X
X
X
X
RP
X
X
X
X
X
X
X
BU -1 -A
X
X
X
X
X
X
X
X
BU -1, BU -2
X
X
X
X
X
X
X
X
TU -1, TU -2
X
X
X
X
X
X
X
X
IU, IU -1, PIP,
X
X
X
X
X
X
X
X
PBP
GML
X
X
X
X
X
TABLE INSET:
X Permitted
1 Permitted for commercial uses only
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ARTICLE IX. SIGNS*
Maximum one square foot (Reference section 62-1155(b)(1), zoning approval for
2 business tax receipt; approval of home occupations.)
(Code 1979, § 14-40; Ord. No. 97-39, § 6, 10-7-97; Ord. No. 2007-003, § 25, 2-20-07)
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