ORDINANCE NO

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1 ORDINANCE NO AN ORDINANCE AMENDING CHAPTER 78, SIGNS, OF THE CODE OF ORDINANCES OF WEST MELBOURNE, FLORIDA; PROVIDING FOR SEVERABILITY AND INTERPRETATION; PROVIDING FOR THE REPEAL OF ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR INCORPORATION INTO THE CODE OF ORDINANCES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of West Melbourne, Florida approved changes to the sign codes in the past to expand the provisions for temporary signs; and WHEREAS, the City of West Melbourne, Florida approved changes to allow digital billboards as a public function of public announcements during emergencies and in coordination with communication by law enforcement agencies; and WHEREAS, the City of West Melbourne, Florida is updating its sign code as part of the State requirement to update the land development regulations; WHEREAS, the City of West Melbourne, Florida is amending its sign code to allow more flexibility in the amount of wall signs on commercial buildings. BE IT ORDAINED by the City Council of the City of West Melbourne, Brevard County, Florida, that: Section 1. Chapter 78, Signs, is hereby renumbered to Chapter 72 with sections through Section 2. Chapter 78, Signs, is hereby amended as noted in Exhibit A. Section 3. Severability/Interpretation Clause. In the event that any term, provision, clause or section of this ordinance shall be held by a court of competent jurisdiction to be partially or wholly unenforceable or invalid for any reason whatsoever, and such invalidity, or illegality, or unenforceability shall not affect any of the other or remaining terms, provisions, clauses, sentences, or sections of this ordinance, and this ordinance shall be read and/or applied as if the invalid, illegal, or unenforceable term, provision, clause, sentence or section did not exist. Section 4. That all ordinances or resolutions or parts thereof that may be determined to be in conflict herewith are hereby repealed. Section 5. The City Clerk is hereby authorized and directed to cause the provisions of Section 1 of this Ordinance to be incorporated into the Code of Ordinances of the City. It is the intention of the City Council of the City of West Melbourne that the provisions of this ordinance shall be made a part of the City of West Melbourne Code of Ordinances and the sections be renumbered to accomplish such intention. Section 6. This ordinance shall take effect immediately upon its adoption.

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3 ORD. NO Page 3 Exhibit A Chapter 78 - Signs Renumbered and Amended as Chapter 72 - Signs

4 Section Purposes. Section Penalty for violation. Section Nonconforming signs. Section Administration. Section Permits. Section Inspections. Section Maintenance. Section Permanent signs exempted from permitting procedures. Section Temporary signs exempted from permitting. Section Temporary signs with permits required. Section Prohibited signs and exceptions. Section Political and campaign signs. Section Abandoned and hazardous signs. Section Permanent On-site signs. Section Off site digital billboard signs. Section Off site public recreation signs Section Restriction on parking of vehicles and trailers with painted or mounted signs. Section Sign Regulations Summary Chart Section Purpose. (a) This chapter shall be known and may be cited as the "Sign Ordinance" of the city. The purpose of this chapter is to establish requirements for the placement, installation, number, type, location, and maintenance of signs in order to preserve and protect the health, safety, welfare, and general wellbeing of the citizens of the city without impeding the inherent right of business to advertise and reasonably assist potential customers in locating and identifying any service or facility they may desire to use or any product they may desire to purchase. (b) The regulation of the placement, installation, and maintenance of signs is further justified by their innate scheme and primary purpose to draw mental attention to them, potentially to the detriment of sound driving practices and the safety of the motoring public to which a majority of signs are oriented. Therefore, it is the further purpose of this chapter to regulate the size and location of signs so that their purpose can be served without unduly interfering with motorists and causing unsafe conditions. (c) Finally, it is also the purpose of this chapter to protect and preserve the aesthetic qualities of the community by regulating the placement, installation, and maintenance of signs and by eliminating unsightly signs. The aesthetic impact of signs is an economic fact which may bear heavily upon the enjoyment and value of property; therefore, the city council finds that the regulation of signs is validly justified on the basis of conserving the value of property and encouraging the most appropriate use of land throughout the city. Section Penalty for violation. (a) Any person who violates any Section of this chapter relating to signs shall, upon conviction, be punished as provided in Section 1-16 Page 1 of 19

5 (b) Any day any violation of any provision, or Section of this chapter shall continue shall constitute a separate offense. (c) In addition to the provisions for criminal penalties provided in this Section, any violation of this chapter shall be subject to the enforcement of the code enforcement board established pursuant to F.S , according to the procedure legally established for such board, and subject to the penalties provided by F.S The city shall also have the power to seek injunctive relief from any violation by bringing civil action in a court of competent jurisdiction. Section Nonconforming signs. Except for signs existing on roads designated as scenic corridors, all signs or other advertising structures erected in the city after the effective date of the ordinance from which this chapter derives shall conform to this chapter. All nonconforming signs lawfully permitted on the effective date of the ordinance from which this chapter derives which violate or do not conform to this chapter shall be removed, altered, or replaced so as to conform with this chapter within ten years of such effective date of this chapter or at the time of a proposed alteration to a nonconforming sign, whichever occurs first. Section Administration. The building official shall issue permits and collect fees in accordance with this chapter. Section Permits. (a) Generally. Any person proposing to paint, erect, construct, enlarge, move, or make structural alterations to any sign within the city shall first obtain a sign permit for each such sign from the building official as required by this chapter. These directives shall not be construed to require any permit for a change of copy on a sign nor for the repainting, cleaning, and other normal maintenance or repair of a sign or structure for which a permit has previously been issued, so long as the sign or sign structure is not modified in any way. No new permit shall be required for signs which have permits and which conform with the requirements of this chapter on the effective date of the ordinance from which this chapter derives. A new permit shall be required for any sign when the structural configuration or electrical components are altered or when the sign is relocated. The building official shall issue sign permits in accordance with the following procedures: (1) Each application for a sign permit for the entire business (include all the requested signs on the property) shall be accompanied by two copies of a scaled drawing showing the proposed sign, including all dimensions of the proposed sign and total sign surface area. In addition, the following shall be provided: a. For detached signs, the elevation of the principal building or structure and the location of the sign in relation to the property lines shall be indicated. b. For wall signs, the applicant shall submit the elevation of the principal building or structure upon which the sign is to be placed with the proposed sign and lettering of the sign superimposed thereon in correct ratio to the scale of the drawing and with a notation thereon showing the type and size of lettering to be used and the colors of the proposed sign. (2) All plans for detached signs and projecting signs shall be prepared and signed by a professional engineer registered and licensed in the state. All signs shall be constructed in accordance with the requirements set for in the building code. Page 2 of 19

6 (3) A drawing shall be submitted showing the location of the proposed sign and all trees having a diameter of four inches or more at a height of 4½ above ground level in the general area of the proposed sign location. For proposals associated with an approved site plan, the sign shall not interfere with trees required to be planted as shown on the approved site plan. For existing sites for which a sign application has been submitted, the sign shall be located such that it does not interfere with existing trees on the site. If, upon review by the building official, it is determined that no alternative location can be achieved, the applicant may apply for a tree removal permit in accordance with chapter71; provided, however, that trees cannot be removed in violation of an approved site plan or in violation of chapter 71 (4) The name and address of the owner or other person in control or possession of the real property upon which the sign is to be located shall be submitted. Written consent of such owner, his lessee, or his agent granting permission for the construction, operation, maintenance, or display of the sign shall be submitted. (5) The name of the sign contractor shall be submitted. (6) A separate electrical permit shall be required for any sign containing electrical components to be connected to an electrical energy source. (7) A survey prepared by a land surveyor registered and licensed in the state shall be submitted when any determinations relative to an application cannot be made without the use of the survey. (b) Issuance. When an application for a sign permit complies with this chapter and all other applicable city ordinances and regulations and when all required fees have been remitted, the building official shall issue the requested permit with the fees established by City Council resolution for building permits. (c) Revocation. The building official is authorized and empowered to revoke any permit issued by him for failure of the permittee to comply with any of the Section of this chapter or for failure of the applicant to construct, erect, or maintain the permitted sign in strict conformance with the plans and drawings submitted with the application. The building official may also revoke a permit or approval, issued under this chapter, if there has been any false statement or misrepresentation as to the material fact in the application or plans on which the permit or approval was based. Any such revocation shall be in writing and shall show cause for the revocation notice. Section Inspections. (a) Signs for which permits have been issued shall be inspected during and at completion of construction by the building official after installation and at such times as deemed necessary by the building official. It shall be the responsibility of the permittee or his representative to notify the building official at all stages of construction that require inspection and approval. (b) The building official is empowered to enter or inspect any building, structure, or premises in the city upon which or in connection with which a sign is located for the purpose of inspection of the sign, its structural details and electrical connections, and to ensure compliance with this chapter. (c) Each sign that requires a permit for installation may be inspected annually by the building official to ascertain whether the sign is being maintained in a safe condition and whether it is in need of maintenance or removal. Page 3 of 19

7 Section Maintenance. (a) Signs shall be maintained in a safe manner free of plainly discolored, uneven, or peeling paint. All letters on any message on the sign shall be clearly legible. (b) All signs for which a permit is required, together with their supports, braces, guys and anchors, shall be kept in repair and, unless of galvanized or noncorroding metal, shall be thoroughly painted at least once every two years. (c) When an inspection reveals repair or maintenance is needed, the owner shall be notified in writing. The owner shall have ten days to make the repairs or remove the sign. If this order is not complied with, the building official may remove the sign and a lien may be filed against the property for any expense incurred in the removal of the sign. (d) Permits shall not be required for maintenance of existing signs, including painting, repainting, cleaning, or other normal maintenance and repair not involving structural changes. (e) Any flag, banner, streamer, pennant, feather banner, inflatable or other sign permitted under this chapter shall be maintained in good condition, without being faded, ripped, torn, damaged or otherwise being in any condition of disrepair. Any sign not maintained in accordance with this Section shall be prohibited. Section Permanent signs and maintenance exempted from permitting procedures. The following signs of a permanent nature and listed operations pertaining to signs shall not require the issuance of permits, provided such signs and operations conform with all other city building, structural and electrical standards and regulations: (1) Changing copy. Changing the advertising copy or message on an existing, approved, painted, or printed sign, marquee, changeable copy sign, or a similar approved sign whether electrical, illuminated or nonilluminated painted message which are all specifically designed for the use of replaceable copy. (2) Nonilluminated directional or instructional signs. Signs which do not have electrical components and which provide direction or instruction and are located entirely on the property to which they pertain and do not in any way advertise a business or contain a business logo and do not exceed two square feet in area; signs identifying restrooms, public telephones, and walkways; or signs providing directions such as parking lot entrance and exit signs and those of a similar nature. Motels, hotels, apartments and guesthouses shall be permitted to display signs not exceeding two square feet in area advertising "vacancy", "dining room" and "cocktail lounge". (3) Signs erected by governmental entities, including church signs. Governmental signs for control of traffic and other regulatory purposes, street signs, danger signs, railroad crossing signs, public utilities which indicate danger or an aid to safety. Church signs indicating the location of or giving directions to an established church when such signs do not exceed one square foot in area, the total number of such signs for a given church does not exceed one, and the sign is attached to the post or other support of a city street sign and is mounted in a location and position approved by the city manager as not impairing public safety. All such signs shall be erected by or on the order of a city official in the performance of his public duty. (4) Occupational and permanent window signs. Occupational or permanent window signs Page 4 of 19

8 denoting only the name and profession of an occupant in a professional, commercial, or public institutional building and not exceeding two square feet in area. Painting or lettering of the name of the business, only, shall be considered independent of the requirements set forth for wall signs. (5) No trespassing, tow-away zone, and no dumping signs. No trespassing and tow-away zone signs in accordance with the requirements set forth in state law. No dumping signs not to exceed one and one-half square feet in area per sign and not to exceed four in number per lot, except that special permission may be given by the building official for additional signs under proven special conditions. (6) Signs in display windows. Signs inside a building in a display window. (7) Symbols or insignia. Religious symbols, commemorative plaques of recognized historical agencies, or identification emblems of religious orders or historical agencies, provided that no such symbol, plaque, or identification emblem shall exceed four square feet in area and provided, further, that all such symbols, plaques, and identification emblems be placed flat against a building. Special permission may be given by the building official for alternate locations under proven special conditions. (8) Warning signs. Signs warning the public of the existence of danger, containing no advertising material, of a size as may be necessary and to be removed upon the subsidence of danger. (Ord. No , 1(62-8), ) Section Temporary signs exempted from permitting. (a) (b) (c) Signs identified in this Section shall not require a permit, except as provided herein. Unless otherwise specified, temporary signs shall not exceed six square feet in area. Temporary signs shall not be suspended by chains or other devices that allow the sign to swing. (d) All signs described in this chapter shall be removed immediately upon the issuance of a hurricane warning. (e) The following signs shall be defined as temporary signs and shall comply with the stated requirements: (1) Construction signs. Such signs shall be erected no more than five days prior to the beginning of construction for which a valid building permit has been issued, shall be confined to the site of construction, shall be placed no closer to any lot line than ten feet, and shall not be illuminated. No such sign shall exceed 32 square feet in area. Such signs may set forth the following information and shall be removed prior to the issuance of a certificate of occupancy: a. Type of construction. b. Offer of sale or lease. c. Name of building, subdivision or shopping center. d. Names, addresses and phone numbers of the owner, architect, engineer, contractor, broker, subcontractors and suppliers of materials. Page 5 of 19

9 (2) Fundraising drives or events signs. Signs pertaining to fundraising drives or events of civic, philanthropic, educational or religious organizations shall be permitted, provided that the signs are posted no more than 30 days before the event and are removed no later than three days after the event. Such signs shall be limited to one sign per parcel and shall not exceed 16 square feet in area. (3) Future construction signs. One sign advertising future construction not exceeding 32 square feet in area may be displayed no closer than 15 feet to any boundary of the lot or parcel containing the future construction site, for a period not to exceed 90 days. Such sign shall be allowed only for those sites for which a site plan has been approved and has not expired. The sign shall not be illuminated. (4) Garage, yard and carport sales signs. No more than two signs per garage, carport, or yard sale shall be displayed on the site of the yard sale. Such signs shall be limited to six square feet in area, provided that the signs are posted no more than two days prior to the sale and are removed no later than the conclusion of the sale. Such signs shall not be posted on fences or utility poles. A garage sale sign, meeting the size requirements of this Section, may be posted the date of the sale and one day prior to the sale at the entrance of the subdivision in which the sale is being held. Such sign may be posted in a common area of the subdivision but shall not be placed in a public right-of-way. (5) Help wanted signs. One sign shall be permitted per parcel. Such signs shall not exceed two square feet in area and shall be located in a landscaped area no closer than 7½ feet from the lot line. (6) Model home signs. Signs in conjunction with a model home demonstration shall be permitted. Such signs shall be located wholly on the subject property and shall not be illuminated. Such signs shall be limited to one sign per model home and shall be no closer than ten feet from the lot line. (7) Open house signs. Signs in conjunction with a house for sale being shown to prospective buyers shall be permitted. Such signs shall be located wholly on the subject property and shall not be illuminated. Such signs shall be limited to one sign per open house, shall be no closer than ten feet from the lot line, and shall be no greater than eight square feet in area. Open house signs, meeting the size requirements of this Section, may be posted one day prior to and during the open house at the entrance to the subdivision where the open house is being held. Such sign may be posted in a common area of the subdivision but shall not be placed in a public right-of-way. (8) Real estate signs. Real estate signs shall be permitted as follows: a. One sign on an inside lot or one sign facing each street on a corner lot may be placed to offer residential property for sale or lease, provided each such sign shall not exceed eight square feet in area and shall be placed no closer to any lot line than ten feet. b. One sign on an inside lot or one sign facing each street on a corner lot may be placed offering a business or nonresidential property for sale or lease, provided that each such sign shall not exceed 16 square feet in area and such sign shall be set back seven and one-half feet from the right-of-way. c. Such signs shall not exceed eight feet in height. Page 6 of 19

10 (9) Seasonal, special event and banner signs. Signs permitted under this Section shall be securely anchored to buildings, poles or other structural supports, but shall not be attached to utility poles or devices and shall not be placed on public property, the right-of-way or in any manner which obstructs the view of motorists entering or exiting the premises where such signs are placed. a. Seasonal/holiday signs shall be approved in writing by the building department prior to use and shall not exceed 75 square feet in copy area per sign face. These signs may be authorized for a period of up to 28 consecutive days, not to exceed a total of 60 days in a calendar year. b. Temporary special event signs shall be approved in writing by the building department prior to use and shall not exceed 75 square feet in copy area per sign face. These signs shall be limited to one sign per month and shall not be erected more than three days prior to an event and shall be removed within two days following the advertised event. c. Banners, streamers and pennants shall be considered signs and shall be approved prior to use in writing by the building department and may be authorized for up to 60 days in a calendar year, for periods not more than ten days each, except as otherwise set forth herein. d. Inflatable signs/balloon signs shall be approved in writing by the building department prior to use, provided that they do not exceed 40 feet in height, and shall only be permitted to be displayed one time within a six-month period and for no more than ten consecutive days. e. Miscellaneous signs not requiring permit: 1. Flags and feather banners providing that no more than two flags, not larger than three feet by five feet, or two feather banners may be used per business. Use of more than two flags or feather banners may be approved subject to the provisions for banners, streamers and pennants as provided above. 2. Sandwich boards shall be allowed one per business, provided they are no larger than three feet tall and 24 inches wide. Such signs shall be placed in a manner that does not hamper vehicle or pedestrian traffic and shall not be placed in a public right-ofway. f. Holiday decorations. Holiday displays which are of a primarily decorative incidental and customary and commonly associated with any national, local or religious holiday shall be permitted, provided that such displays shall be displayed for a period of not more than 60 consecutive days or more than 60 days in any one year. 1. Setbacks If larger than 24 square feet in area, such displays shall be set back ten feet from all boundary lines of a lot on which displayed unless otherwise mounted on an existing structure or tree 2. Clear area if mounted on existing structure or tree - maintain to a height of six feet within 55 feet of the intersection of two streets or a street and a driveway. Section Temporary signs with permits required. (a) Mobile signs. Mobile signs are allowed in the C-1A, C-1, C-2, C-P, M-1, M-2 and P-1 zoning districts subject to the following: Page 7 of 19

11 (1) Duration and Quantity - A permit for a mobile sign may be issued for any one location (one per business) for not more than six periods of a maximum of 14 consecutive days each during any 12-month period. (2) Size - Mobile signs shall not exceed a maximum of 32 square feet in area. (3) Placement - Mobile signs shall be placed a minimum of ten (10) feet from a public right-ofway. (4) Lighting - All exterior lighting on mobile signs shall be a maximum of 25 watts, a maximum of 12 incandescent lamps, and shall contain no red, green, blue or flashing incandescent lamps. (5) Scrolling - Mobile signs may include portable LED signs, which use light-emitting diodes. Messages displayed through a portable LED sign may scroll, but shall not blink, flicker, flash, or be otherwise animated. (6) Height Mobile signs shall be a maximum of eight (8) feet in height. (b) Off-site residential community development signs. Residential community development signs advertising a new residential community development may be permitted as temporary signs subject to the following: (1) One detached sign for each residential development approved by the city, either through an approved site plan or final plat, may be erected off site for the purpose of announcing the development to the public or directing the public to the site location. (2) Temporary off-site residential signs are allowed in any residential zoning districts where the principal allowed use is residential development. (3) No such sign shall be placed within any right-of-way or easement. (4) Such signs shall be placed no closer than ten feet from any lot line. (5) The maximum height of such sign shall be 8 feet, and maximum surface area shall be 32 square feet. (6) If the development which is the subject of such a sign has one or more valid building permits continually in force, the sign for such development may remain in place until the last certificate of occupancy is issued for a living unit within the development. If no valid building permit is in force for such development, the sign permit shall expire no later than six months after the date of the latest certificate of occupancy for the development, and the sign shall be removed. The fee for any community development sign issued after the commencement of the initial development of a given project shall be based on the number of living units in the project for which a certificate of occupancy has not been issued. (7) No residential development located outside the city shall have an off-site sign advertising the residential development erected within the corporate limits. (8) Written authorization from the owner of the property on which the off-site sign is proposed to be located shall be provided at the time of application for the permit for the off-site sign. Such authorization shall be in the form of a notarized affidavit. Page 8 of 19

12 Section Prohibited signs and exceptions. The following signs and message devices shall be expressly prohibited in all zoning districts, except as otherwise authorized by this chapter: (a) A-frame signs. A-frame or sandwich board signs shall be prohibited except as provided within. (b) Animated and intensely lighted signs. No sign shall be permitted which is animated by means of flashing, scintillating, blinking, or traveling lights or any other means not providing constant illumination, with the exception of LED signs or other electronic message centers using liquid crystal displays, fiber optics, plasma display or other signs using similar technology or public information message centers showing time and temperature or where the message board of the sign - changes, spins, blinks, travels, flashes, scintillates or moves no more than once every two seconds. (c) Flags. Flags used to attract the attention of the public shall be prohibited, except those adopted as an official symbol of government or as otherwise provided in this chapter. (d) Miscellaneous signs and posters (snipe signs). Signs of a miscellaneous character visible from a public or private right-of-way or located on the walls of buildings, barns, sheds, or other structures or on trees, posts or fences shall be prohibited. (e) Off-site signs. Except as may be otherwise authorized by this chapter, off-site signs as defined in chapter 62 are prohibited. (f) Pennants, banners, etc. Banners, pennants, streamers, balloons, inflatable signs or twirling signs shall not be permitted, except as may be otherwise authorized in this chapter. (g) Roof signs. No roof signs shall be permitted. (h) Rotating signs. No rotating signs and message devices having rotating or spinning parts shall be permitted. (i) Signs in public areas. No sign shall be placed or permitted to be placed on any curb, sidewalk, post, pole, hydrant, bridge, tree, or any other surface located on public property or rightof-way or over or across any street or public thoroughfare, except as may otherwise be authorized by this chapter. Such signs shall be considered litter and removed by the city without notice. (j) Swinging signs. No sign shall be suspended by chains or other devices that will allow the sign to swing. (k) Unclassified signs. The following signs having no distinct classification shall be prohibited: a. Signs which bear or contain statements, words, or pictures of an obscene or pornographic character or which contain advertising matter which is obviously untruthful. b. Signs painted or attached to any fence or wall which is not a part of a building, except as may otherwise be authorized by this chapter. c. Signs which operate or employ any motion picture projection or media in conjunction with any advertisements or have visible moving parts or any portion which moves or which Page 9 of 19

13 give the illusion of motion, except as may be otherwise authorized by this chapter. d. Signs which emit audible sound, odor or visible matter. e. Signs which purport to be or are an imitation of or resemble official traffic signs or signals or which bear the term "stop", "go slow", "caution", "danger", "warning" or similar term or which because of their size, location, movement, content, coloring, or manner of illumination may be confused with or construed as traffic control signs, signals or devices or the light of an emergency or road equipment vehicle or which hide from view any traffic or street sign, signal or device. Section Political and campaign signs. Political and campaign signs advertising on behalf of candidates for public offices or issues of referendum shall be allowed as temporary signs without permits, provided that the signs conform to the following: (a) Such signs shall be removed within five days following the election. If the signs are not removed within the time period, the building official shall have the authority to remove the signs and dispose of them as litter. (b) Political or campaign signs shall be allowed in a public or private right-of-way but shall be located no closer than seven and one-half feet from the pavement of a public or private street or five feet from the edge of a sidewalk, bikepath or pedway. (c) No political or campaign sign shall be: 1. Located such that it obstructs, impedes, or otherwise creates a hazardous condition for safe and normal flow of pedestrian or motor vehicle traffic. 2. Erected on private property without the consent of the property owner. 3. Placed on any tree, utility pole or fences. 4. Placed on government-owned property such as a park. (d) The building official shall have the authority to relocate or remove immediately any political or campaign sign, including any sign concerning a referendum issue, found to be located or erected in violation of this Section. A removed sign shall be held by the city for five days following the date of the election for which such sign was posted. Any signs remaining unclaimed following the expiration of the five-day period shall be destroyed or disposed of by the city. Section Abandoned and hazardous signs. (a) Abandoned signs. It shall be unlawful for any permittee or owner of a sign to fail or refuse to remove any sign or copy, after ten days of the service of written notice from the building official to do so, which advertises a business or product which has not been conducted or sold at the premises where the sign is located for more than 90 consecutive days prior to the date of the notice from the building official. Sign cabinets shall be secured so as to protect the integrity of the structure. Sign structures shall be removed after service of the notice. If the order to remove is not complied with, the building official may remove the sign, and a lien may be filed against the property for the expense incurred in removal of the sign. Page 10 of 19

14 (b) Hazardous signs. The building official shall refuse to issue a permit for any sign which will constitute a hazard and a potential menace to the safety of the public and may require the removal of any sign which is not properly maintained or which otherwise shows signs of neglect or which is or will become unsafe and constitute a hazard to the safety of the public. It shall be unlawful for any permittee or owner to continue to display any sign that constitutes a hazard after 48 hours from the time of notice by the building official requesting the removal of such sign, unless within that time the permittee or owner shall have filed with the building official notice of his intention to appeal his decision to the board of adjustment with payment of all applicable fees. Any such sign displayed more than 48 hours after notice to remove the sign may be removed by the city at the expense of the permittee or owner unless the matter is pending on appeal to the board of adjustment or unless the decision of the building official has been reversed by the board of adjustment. Section Permanent On-site signs. (a) Detached signs. Detached signs (pole or ground mounted) may be permitted for sites within the C- 1A, C-1, C-2, C-P, M-1, M-2 and P-1subject to the following: (1) Number of signs. One (1) detached sign for each site fronting on a public street. For shopping centers located on more than one street frontage, two detached signs shall be permitted, with a minimum of 300 feet along street frontages between the signs and with the choice of street frontages used to be at the discretion of the applicant. In no case shall two detached signs be permitted on any one street frontage. For all other businesses on more than one street, two(2) detached signs shall be permitted, one on each frontage but not blocking the line of sight of driveways. (2) Sign size and height. The size the surface area of detached signs shall be based on the square footage of the front wall area. Except for scenic corridor signs, the maximum sign surface area permitted shall be ten percent of the front wall area, provided that no sign surface area shall exceed 100 square feet. For shopping centers, an additional 50 square feet of sign surface area may be allowed for the sole purpose of providing the name of the shopping center. The maximum height of detached signs shall be 12 feet above ground level. (3) Sign construction. All detached signs shall be constructed of rigid construction materials in accordance with the building code and shall be able to withstand the maximum wind velocity as set forth in the building code. Wherever anchors or supports consist of wood embedded in soil, the wood shall be pressure treated with an approved preservative. (4) Sign location and placement. Ground signs shall be prohibited in areas normally used by vehicles and may be erected in an area so as to not inhibit visual clearance of vehicles. All detached signs shall be a minimum of ten feet from any public or private right-of-way and 7½ feet from any other property line. (5) Sign lighting and landscaping. Lighting reflectors may project beyond the face of the sign. (a) All detached signs shall be landscaped at the base with a minimum of one square foot of landscape material for every foot of facial area. (b) Detached signs shall be prohibited in areas that will interfere with the mature growth of trees, both existing and planted, at or near the time of installment of the sign. Page 11 of 19

15 (6) Scenic corridor signs. For purposes of this subsection, the city establishes U.S. 192, Wickham Road, Minton Road, Dairy Road and Palm Bay Road as scenic corridors in order to improve the aesthetics of the city along major commercial corridors. Except as may be otherwise authorized by this chapter, any detached sign proposed along any scenic corridor right-of-way frontage shall be subject to the following additional criteria: (a) The maximum sign surface area for scenic corridor signs shall be 72 square feet. For shopping centers, an additional 50 square feet of sign surface area may be allowed for the sole purpose of providing the name of the shopping center. (b) All other requirements set forth in this chapter shall apply, including design, structural requirements and maintenance. (b) Directory signs. In addition to the allowable detached sign, sites that contain two or more buildings with multiple business or institutional organizations as tenants may be permitted a directory sign subject to the following: (1) The maximum height for directory signs shall not exceed ten feet above ground level. (2) The maximum sign surface area for directory signs shall be 24 square feet. (3) The maximum height of letters used on directory signs shall be two inches. (4) Directory signs shall only contain business names and addresses for on-site businesses, including building numbers, suite numbers and the like, (5) There shall only be one directory sign at the entrance of the multiple tenant buildings and a second one is allowed if the property is at an intersection, on the other road. (5) Directory signs shall be located no closer than 20 feet from the right-of-way and 7½ feet from any other property line. (6) Directory signs shall be located only in areas that will not cause visual hazards to the motorist or cause on-site traffic hazards due to the use of the signs. (c) Driveway entrance and exit signs. In addition to the allowable detached sign, driveway signs with the indications by words, or symbols for entrance and exits, may be permitted in any zoning district where there is a common area or business needing driveway identification, subject to the following: (1) Driveway entrance and exit signs displaying a single business name and/or logo may be permitted on each side of entrance and exit driveways. The business name and/or logo shall be for a business located entirely on the subject site. (2) The maximum sign surface area for driveway entrance and exit signs shall be two square feet. (3) The maximum height shall be four feet. (d) Gas and fuel station signs. Any businesses where gasoline or any fuel is sold at retail shall, in addition to the signs permitted under previous Sections of this chapter, be permitted signs subject to the following: Page 12 of 19

16 (1) Number of signs. A sign shall be permitted which is visible from the abutting right-of-way reflecting the current retail price of the various grades of gasoline, provided such sign is attached to a permitted detached sign. (2) Sign size. Such sign shall be not less than four square feet or more than eight square feet in area for each grade of fuel. All lettering of the signs displaying the current retail price of the various grades of fuel shall be a minimum of 16 inches in height. Additionally, each grade of fuel must be noted by letters a minimum of three inches in height. (2) Additional canopy sign - Signs reflecting a single name and single logo of the fuel company shall be permitted to be attached or affixed to two elevations of the fuel island canopy. Canopy signs shall be limited to one per street frontage for a total of two such signs, and with the choice of street frontages at the discretion of the applicant. Such signs shall not be installed above or below the fascia of the canopy, and shall not be backlit with neon lights or scintillating lighting, or painted in neon colors. (3) The additional canopy signage for businesses selling fuel shall be subject to all permitting and fee requirements. (e) Interchange signage. Interchange signs may be permitted in the zoning districts in the interchange commercial overlay district, underlying zoning districts CP, C-2, C-1, subject to the following: (1) For purposes of this Section, the term "interchange commercial overlay" area is defined by Section , as an area within one mile of the I-95 interchanges. Interchange signage allows the display of business information to motorists along the highway. (2) Sites adjacent to an interchange. The interchange commercial overlay districts allows one interstate sign. Signs shall be placed in close proximity to the interstate and shall be kept away from adjacent properties and other rights-of-way. This sign shall be permitted for each parcel that meets the following criteria: a. Site requirements- 1. Lot size: At least one acre. 2. Road frontage: Contains 200 feet of Interstate 95 road frontage. b. Setbacks: The setbacks shall be measured from the base of the sign structure or from the nearest edge of the sign, whichever is closest to the property line. Dimensional requirements are as follows: 1. Maximum of 50 feet and minimum of 7½ feet from Interstate 95 right-of-way line. 2. Minimum of 50 feet from any other public or private right-of-way line. 3. Minimum of ten feet from any other property line. c. Sign height and size - 1. Height: 60-foot tall interstate sign. 2. Size: 400 square feet of sign face on each side shall be permitted. (3) Sites within one-half mile of an interchange. The interchange commercial overlay district allows one sign that meets the following criteria: Page 13 of 19

17 a. Site requirements 1. Lot size: At least one acre. 2. Property location: Within one-half mile (2,640 feet) of an interstate interchange. 3. Road frontage: Frontage of 100 feet along an arterial road or Interstate 95. (b). Setbacks: The setbacks shall be measured from the base of the sign structure or from the nearest edge of the sign, whichever is closest to the property line. Dimensional requirements are as follows: 1. A minimum of 20 feet from any public or private right-of-way lines. 2. A minimum of ten feet from any other property line. c. Sign height and size - 1. Height: 45-foot tall sign. 2. Size: 250 square feet of sign face on each side for properties that are not eligible for the sign height and area described in subsection (2) above. (4) An applicant that has a corner property on a highway and the roadway shall choose one type of sign as allowed under this section for interchange signs. If an interchange commercial overlay district sign is selected, the applicant shall also be allowed one additional detached sign in accordance with the sign code, subsection (e) of this Section "detached signs" or subsection (i) of this Section "scenic corridor" sign criteria. (5) Landscaping requirements for interchange commercial overlay district signs within one half mile of the interchange, excluding interchange signs adjacent to the highway, shall be as set forth in this Section for detached signs. (6) All other requirements set forth in this chapter shall apply, including design, structural requirements and maintenance. (f) Neighborhood identification signs. In any zoning district, a sign, masonry wall, landscaping, and other materials or features may be combined to form a display for neighborhood or community identification, provided that the legend of such sign or display shall consist only of the neighborhood or community name. The term "neighborhood identification sign" is defined in Chapter 62. (1) Number of signs allowed: The number of such signs shall be limited to two, one at each entrance. (2) Sign Size: Any symbol and lettering or combination shall cover no more than 15 percent of the area of the sign, and such sign shall contain no more than 150 square feet in area.. (3) Sign location: If such neighborhood identification sign is to be placed within an area of a public right-of-way not normally or customarily used by vehicles, the person desiring to construct such sign shall comply with the leasing and insurance provisions of Section 72.10(2). (g) Projecting signs. Projecting signs may be permitted upon buildings or structures in the C-1A, C-1, C-2, M-1, M-2 and P-1 zoning districts subject to the following: Page 14 of 19

18 (1) Sign location, attachment and quantity. The location, size and number of projecting signs shall be in accordance with that set forth in Section 72.14(i), Wall Signs, and the following: a. Total area of wall and projecting signs: The total combined size of wall signs, marquee signs, or projecting signs shall not exceed the requirements of Section (i), Wall Signs. b. Sign location and placement: A projecting sign shall not be erected on the wall of any building so as to project above the roof or cornice wall or above the roof level where there is no cornice wall. However, a sign erected at a right angle to the building, the horizontal width of which sign perpendicular to such wall does not exceed four feet, may be erected to a height not exceeding six inches above the cornice wall or lower roof level. A sign attached to a corner of a building and parallel to the vertical line of such corner shall be deemed to be erected at a right angle to the building wall. Clearance above ground level shall be no less than eight feet. c. Attachment of projecting signs. All projecting signs shall be securely attached to a building or structure by metal supports such as bolts, anchors, chains, guys or steel rods per the Florida Building Code. (2) Projecting signs shall not be used in combination with wall signs in meeting the requirements of this Section. (h) Subdivision signs. Subdivision signs shall be subject to the following: (1) Number of signs allowed: The number of such signs shall be limited to two per entrance, one on each side of the entrance. (2) Sign size and height: A subdivision sign, together with its support structure, shall not exceed 250 square feet in total area and shall not exceed a height of 12 feet to the highest point of the support structure. Support structure shall mean the wall, fence, or other structure for which a subdivision or development sign is attached or affixed. The height of the copy area of the sign shall not exceed the height of the support structure. Height shall be measured in accordance with the building code. (2) Sign location: No subdivision or development sign shall be located closer than ten feet from any public or private right-of-way, except as expressly allowed by this Section. (3) Copy area: The copy area of any subdivision or development sign shall not exceed 64 square feet and shall be limited to the name of the subdivision or development. (4) Signs in the right-of-way: At the sole discretion of the city, signs may be permitted in those areas of public or private rights-of-way not normally or customarily used by vehicles, provided signs proposed in the public right-of-way comply with the following: a. The area of the public right-of-way on which such sign is located shall be leased from the city in accordance with and by means of an acceptable lease agreement between the developer, the owner, or the owners' association as lessee and the city as lessor. b. The lessee shall provide to the building department prior to the issuance of any permit for any work associated with such sign an insurance certificate made out to the city as evidence that the lessee has in force a public liability insurance policy insuring the lessee's Page 15 of 19

19 liability for damage or injury to persons or property upon the leased public property. Such insurance policy shall be approved by the city and shall be issued by an insurance company licensed to do business in the state. Each such insurance policy shall have minimum liability insurance coverage of $300, for death or personal injury, and the premium therefor shall be prepaid by the lessee. Any lapse of the minimum insurance coverage shall be cause for immediate removal of the sign by the city. (i) Wall signs. Wall signs may be permitted upon buildings or structures in the C-1A, C-1, C-2, C-P, M-1, M-2 and P-1 zoning districts subject to the following: (1) Sign location: Walls signs may be placed on the building elevation or on a detached wall or fence located on the premises which surrounds all or a portion of the premises. (2) Sign Size: The maximum size shall be calculated based on the location of the sign as follows: a. Front elevation or detached wall/fence: Wall signs installed or affixed onto the front elevation of a business or on the detached wall or fence shall not exceed a maximum of of 15 percent of the front wall area, provided that the maximum size of any sign shall not exceed 275 square feet. b. Other elevations: The size of a wall sign installed or affixed onto any elevation other than the front shall be a maximum of ten percent of the wall area, provided that the maximum size of any sign shall not exceed 200 square feet. Relationship of wall signs to roof line - Wall signs shall not extend a vertical distance of more than six inches above the visual roofline at the top of the wall, including the top of a canopy, mansard, parapet or marquee. (3) Placement of wall signs - Each separate business may install or affix a wall sign onto multiple elevations of the actual business premises occupied by such establishment meeting the overall sign size restrictions.. The elevations of the business chosen for the placement of the signs shall be at the discretion of the applicant. (4) Sign Height: Wall signs shall not extend more than six (6) inches above the visual roofline including the top of a canopy, mansard, parapet, or marquee. (5) Multiple Tenants: A multiple-tenant shopping center of three or more separate establishments in the C-1, C-2 or C-P zoning district may, in addition to the wall signs for the business establishments, install or affix two wall signs containing only the name of the shopping center. The location and size requirements shall be as provided for in subsections (c)(2) and (3) of this Section (6) Wall signs shall not be used in combination with projecting signs in meeting the requirements of this Section. Section Off-site digital billboard signs. Digital billboard signs, as defined as an off-site sign, may be permitted in the interchange commercial overlay district, as described in section , with the Underlying zoning districts, C-1, C-2 and CP, and the R-2 and R-3 zoning districts, subject to the following: Page 16 of 19