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79-O-25ORDINANCE NO. _7I-O-as AN ORDINANCE REGULATING SIGNS IN THE CITY OF EDGEWATER, FLORIDA; SETTING FORTH THE PURPOSE OF THIS ORDINANCE; SETTING FORTH DEFINITIONS; SETTING FORTH GENERAL SIGN PROVISIONS; SETTING FORTH A SCHEDULE OF PERMITTED SIGNS BY DISTRICT; PROVIDING FOR SIGNS PERMITTED IN ALL DISTRICTS; PROHIBITING CERTAIN SIGNS FROM ALL ZONING DISTRICTS; PROVIDING FOR NON -CONFORMING SIGNS AND THEIR RE- MOVAL; PROVIDING FOR SIGN PERMITS AND FEES; PRO- VIDING FOR VARIANCES; PROVIDING FOR PENALTIES FOR VIOLATIONS; PROVIDING A SEVERABILITY CLAUSE; PRO- VIDING FOR THE CODIFICATION OF THIS ORDINANCE; PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCE PROVISIONS; PROVIDING FOR THE PUBLICATION OF THIS ORDINANCE AND PROVIDING FOR AN EFFECTIVE DATE THEREFOR. BE IT ENACTED BY THE PEOPLE OF THE CITY OF EDGEWATER, FLORIDA: SECTION 3-1: Purposes, Intent and Scope The purpose of these sign regulations is to protect, preserve and improve the character and appearance of the City of Edgewater; to provide ample opportunity to advertise in commercial and industrial areas while preventing excessive advertising which would have a detrimental effect on the character and appearance of those areas; and to limit signs in noncommercial and nonindustrial areas to essential signs, primarily for the purpose of identification and in- formation, in order to protect the residential character and appear- ance of those areas. These regulations shall be the minimum require- ments necessary to accomplish these purposes and therefore to protect the public health, safety and general welfare. It is intended that signs placed on land or on a building for the purpose of identification or for advertising a use conducted on that land or in that building shall be deemed to be accessory and incidental to the land, building or use. With respect to signs advertising business uses, it is specifically intended, among other things, to avoid excessive competition and clutter among sign displays in the demand for public attention. Therefore, the display of signs should be appropriate to the land, building or use to which they are appur- tenant and be adequate, but not excessive, for the intended purpose of identification or advertisement. Signs commonly referred to as billboards, outdoor advertising or poster panels which advertise products or businesses not connected with the site on which they are located are deemed by this article to consti- tute a separate use. The control and regulation of the display of such advertising is deemed to be appropriate to the character and sound development of the City, and it is intended that such advertis- ing be confined to certain commercial and industrial properties. It is also intended that all temporary signs erected for directional purposes, public information, or to direct attention to special events shall be confined to those that are of a general public interest and that .such signs shall be limited to the giving of information. SECTION 3-2: Definitions Unless the context requires otherwise, words and phrases used in this Ordinance shall have the following meanings: - 1 - "Administration Official" shall mean the Building Official of the City of Edgewater, Florida. The Building Official shall have the responsibility and authority to administer and enforce this Sign Ordinance. "Advertising display area" or "display area" shall mean the adver- tising display surface area (copy area) encompassed within any regular geometric figure which forms the informational component of a sign, not including the structural support components of a sign. "Erect" shall mean to build, construct, attach, hang, place, sus- pend or affix and shall include the painting of wall signs. "Location" shall mean any lot, premises, building, structure, wall or any place whatsoever upon which a sign is located. "Person" shall mean and include any person, firm, partnership, association, corporation, company or organization, singular or plural, of any kind. "Premises" shall mean a parcel or lot of property, or a combin- ation of parcels or lots, under one ownership, which is committed to one primary use. "Public body" shall mean any government or governmental agency of the City of Edgewater, Volusia County, the State of Florida or the United States. "Roof line" shall mean the juncture of the roof and the perimeter wall of the structure. "Semi-public body" shall mean any organization operating as a nonprofit activity and serving a public purpose or service including such organizations as noncommercial clubs, lodges, theater groups, recreational and neighborhood associations, cultural organizations, schools and churches. "Sign" shall mean any surface, fabric, device or display which bears lettered, pictoral or sculptured matter, including forms shaped to resemble any product, designed to convey information visually and which is exposed to public view. For the purposes of this code, the terms "sign" shall include all structural members. A sign shall be construed to be a display surface or device containing organized and related elements composed to form a single unit. In cases where matter is displayed in a random or unconnected manner without organized relationship of the components, each such component shall be considered to be a single sign. Included within the definitions of sign are the following types of signs: (a) "Banner sign" shall mean any sign intended to be hung either with or without frames, possessing characters, letters, illustrations or ornamentations applied to paper, plastic or fabric of any kind, in- cluding such signs stretched across or hung over any public right-of- way. National flags, flags of political subdivisions and symbolic flags of any institution or business shall not be considered banners for the purpose of the article. (b) "Beacon light sign" shall mean any sign or device which in- cludes any light with one or more beams, capable of being revolved automatically. (c) "Bench sign" shall mean a sign located on any part of the surface of a bench or seat placed on or adjacent to a public right- of-way. (d) "Billboard" shall mean a non point of sale sign which adver- tises a business, organization, event, person, place or thing unless such a sign is more specifically defined herein. '.ice (e) "Bus signs" shall mean any sign affixed to the interior or exterior of a public bus. (f) "Changeable copy sign" shall mean a sign that is designed so that characters, letters or illustrations can be changed or rearranged. This shall also include the changing of copy on billboards. (g) "Construction sign" shall mean any sign giving the name or names of principal contractors, architects and lending institutions responsible for construction on the site where the sign is placed, to- gether with other relevant information regarding such contractors, archi- tects or lending institutions. (h) "Development sign" shall mean a sign designed and intended to advertise and promote the sale of buildings or subdivided lots on the same premises. (i) "Directory sign" shall mean a sign on which the names and locations of occupants or the use of a building is given. This shall include office building and church directories. (j) "Flashing sign" shall mean any sign with a lighting device or devices which go on and off alternately, not including signs giving time and temperature. (k) "Moveable sign" shall mean any mobile or moveable sign or sign structure, not securely attached to the ground or to any other structure. This definition shall not include trailer signs as defined in definition (as) below. (1) "Ground and/or pole sign" shall mean any sign which is supported by structures or supports in or upon the ground and independent of support from any building. (m) "Illuminated sign" shall mean any sign illuminated in any manner by an artificial light source. (n) "Integral sign" shall mean memorial signs or tablets, names of buildings and date of erection when cut into any masonry surface or when constructed of bronze or other noncombustible materials mounted on the face of a building. (o) "Marquee sign" shall mean any sign attached to and made a part of a marquee. A marquee is defined as a permanent roof -like structure projecting beyond a building wall at an entrance to a building or extending along and projecting beyond the building's wall and generally designed and constructed to provide protection against the weather. (p) "Moving sign" shall mean a sign all or part of which is in motion, including fluttering, rotating, revolving or any other motion. (q) "Nonconforming sign" shall mean any sign which does not con- form to the regulations of this article. (r) "Pennants" shall include the terms "ribbons" and "streamers" and shall mean pieces of cloth, flexible, plastic, or other flexible material intended to attract attention because of their bright colors and/or flapping caused by action of the wind, commonly strung in series along a line. This definition shall include a single pennant, ribbon or streamer or a series of such pennants, ribbons or streamers. (a) "Point -of -sale sign" shall mean any sign which carries the name of the firm, major enterprise or products offered for sale on the premises on which the sign is located, together with any other informa- tion relevant to such business, service or products. (t) "Political sign" or "political campaign sign" is a sign relating to any person, political party or matter to be voted upon at public election. MW (u) "Portable sign" shall mean a sign that is mounted on a trailer or trailer -like chassis which is capable of being moved on wheels or skids as an entire unit. (v) "Projecting sign" shall mean any sign other than a wall sign affixed to any building or wall whose leading edge extends beyond such building or wall. (w) "Real estate sign" shall mean any sign which is used to offer for sale, lease or rent the property upon which the sign is placed. (x) "Roof sign" shall mean any sign erected or constructed wholly upon and over the roof of any building and supported solely on the roof structure. (y) "Snipe sign" shall mean any sign of any material whatsoever that is attached in any way to a utility pole, tree or any object lo- cated or situated on public or private property. (z) "Subdivision sign" shall mean a sign designed as a permanent structure containing only the name of a subdivision, and not used for promotional purposes. (as) "Trailer sign" shall mean any sign mounted on a vehicle normally licensed by the State of Florida as a trailer and used for advertising or promotional purposes. (bb) "Temporary sign" shall mean any sign or advertising display intended for use for a period of time not to exceed twenty-four days and designed and constructed in accordance with this intention. (cc) "Traveling lights sign" shall mean any sign which includes a series of lights, or lighting device which appears to move or travel in automatic sequence on the display surface of the sign. (dd) "Wall sign" shall mean any sign painted on or attached to and erected parallel to the face of, or erected and confined within the limits of, the outside wall of any building and supported by such wall or building and which displays only one advertising surface. (ee) "Window sign" shall mean any sign placed inside or upon a window facing the outside and which is intended to be seen from the exterior. (ff) "Zoning administration official" for the purposes of this Ordinance shall mean chief city planner. SECTION 3-3: Prohibited Signs The following signs are prohibited in the City of Edgewater: Beacon light signs Flashing signs and traveling lights signs Free-standing signs Moveable signs Moving signs Roof signs Snipe signs Signs which in any way simulate emergency vehicles, traffic -control signs or devices, or directional, informational or warning signs erected - 4 - or maintained by any public body or any railroad, public utility or similar body. Private signs placed on public property, except as expressly per- mitted by the appropriate public body. Signs containing any statements, words or pictures of an obscene nature, that are utterly without redeeming social value as determined by the community standard prevailing in Edgewater and the immediate surrounding area. Signs attached to passenger vehicles (automobile) except signs not exceeding three (3) square feet on the sides of such vehicles operated during the normal course of business, and identifying only the business, its principal products or services, address, and/or a phone number. Signs which in any way obstruct any fire escape, window or door, or which are attached to any fire escape or ventilation device. Signs which include banners, pennants, ribbons, streamers, spinners or wind -operated devices, except as provided herein. Signs not advertising a bona -fide business or product or advertis- ing a discontinued business or product. Signs containing a portion of a message where some other portion is contained on another sign, thereby creating a series of advertising messages along a street or highway. Signs located in the visibility triangle of any corner lot, such triangle to be drawn using the street right-of-way lines and a line connecting them at points thirty (30) feet from the intersection formed by such right-of-way lines, or signs which otherwise obstruct the view of any direction at a street intersection. SECTION 3-4: Exemptions The following signs shall be exempt from the permitting requirements of this Ordinance: One sign not exceeding three (3) square feet in area per premises, bearing only property numbers, post office numbers and names of occupants of such premises, for identification purposes only. Directing or instructing signs for vehicular or pedestrian traffic and parking on private property, not exceeding three (3) square feet in area, provided such signs bear only directions and/or instructions. Signs erected by any public body Legal notices Real estate signs provided that only one such sign not exceeding five and one-half (5 1/2) square feet in area may be erected for each street frontage adjoining the parcel of property offered for sale, lease or rent, and provided further than no such signs shall be erected on the subject property adjacent to any waterway. Multiple listing strips or sold signs may be attached to permissible real estate signs but shall be removed after the sale is closed. Real estate signs shall be located a minimum of fifteen (15) feet from side property lines and a minimum of two (2) feet from public right -of-way lines. Signs required by any professional licensing body of the State of Florida, provided that such signs do not exceed the state minimum re- - 5 - quirements imposed by such body in any respect. Signs erected by and on the premises of any church identifying the church, the pastor, the minister, the priest, etc., and giving a schedule of services, and any other information pertinent to the oper- ation of the church not exceeding twenty (20) square feet in display area. Construction signs for one or two unit residential construction projects provided that only one such sign not exceeding five and one- half (5 1/2) square feet for each such project may be erected. Bus signs. Integral signs, provided the individual letters or numerals of such sign, do not exeed two (2) inches in height, and provided the sign itself does not exceed three (3) square feet of display area. SECTION 3-5: Permits No person shall operate, maintain, erect, alter, repair or relocate any signs without first obtaining a permit for such work from the building official of the City of Edgewater. No permit shall be issued until the building official has determined that such work is in accordance with this Ordinance and all other codes and ordinances of the City of Edgewater. (a) Application for a sign permit shall be on forms provided for that purpose by the building official and shall contain the following information: (1) The name, address and telephone number of the appli- cant, the owner of the sign and the owner of the property on which the sign is to be located. (2) The address, if any, and legal description of the premises on which the sign is to be located. - 6 - (3) A drawing to scale, in duplicate, showing the size, height, structural details and dimensions of the sign and sign structure. (4) A drawing to scale, in duplicate, showing the position of the sign and any other existing advertising structures in relation to the buildings or structures on the premises and to the boundaries of the property. (5) The signatures of the applicant and the owner of the property; or in the event the owner is not available, written evidence of the owner's permission for the erection of the sign. (6) Any electrical permit required for the sign. (7) Such other information as may be necessary to demon- strate compliance with this Ordinance or other City codes or ordinances, including, but not limited to, engineers drawings. (b) Each application for a sign permit for a sign containing no electrical wiring or lighting shall be accompanied by a fee in the amount of five dollars ($5.00) for the first five (5) square feet, or fraction thereof, of the advertising display area of the sign, and thirty cents (30) for each additional square foot, or fraction thereof, of such area. For a sign containing electrical wiring or lighting there shall be no fee additional to the fee required by the Edgewater Elec- trical Code. (c) There shall be no permit required for the changing of copy of previously permitted changeable copy signs. (d) Sign permits shall be issued for a period of one (1) year. Sign permits may be renewed by the payment of an annual inspection and renewal fee of two dollars ($2.00) for each sign containing ten (10) square feet or less, and five dollars ($5.00) for each sign containing more than ten (10) square feet, provided that the renewal fee for any sign with electrical wiring or lighting shall be eight dollars ($8.00). SECTION 3-6: General Provis The following general provisions shall apply to every sign erected in the City of Edgewater: (a) The name and address of the company or person installing any sign and the name and address of the company or person maintaining any sign, the date of erection and the voltage of any electrical apparatus shall be painted or printed conspicuously on every sign erected. (b) Any light from any illuminated sign shall be shaded, shielded or directed so that the light intensity or brightness shall not affect adversely the safe vision of operations of vehicles in any public or private road, highway, driveway or parking area. Such light shall not shine directly on or into any residential structure. (c) All signs shall be designed and constructed to withstand a wind pressure of not less than fifty (50) pounds per square feet of area, or as required by any applicable code or ordinances, whichever is more restrictive. All signs shall be designed and constructed to receive dead loads as required by the Edgewater Building Code or other applicable City codes or ordinances. (d) Vegetation shall be kept cut in front of, behind, and be- neath the base of any ground sign for a distance of fifteen (15) feet from any portion of such sign touching the ground, and the area around such sign shall be kept free of any rubbish or other material that might constitute a fine or health hazard. - 7 - (e) All signs shall be erected, altered, operated and maintained in accordance with the provisions of this article and, in addition, shall be designed and installed in compliance with the building and electrical codes of the City of Edgewater. SECTION 3-7: Sign Standards The following sign standards shall apply in the applicable zoning dis- tricts within the City of Edgewater. No sign shall be permissible except as herein provided: (a) Point of Sale Signs. Point of sale signs shall be erected only upon improved property zoned for commercial or industrial use and designated as B-1, B-2, B-3, B-4, B-5, B-6, I-1, I-2 or I-3 zoning districts. (1) Maximum allowable advertising disglay area. unless otherwise specified, 'atotal display area of two 2 square feet for each lineal foot of building structure frontage shall be allowed. If the building has frontage on more than one street or highway, an additional one (1) square foot of display area shall be allowed for each additional lineal foot of frontage. The total area of all signs erected shall be within the allowable square footage. Where there is multiple frontage, the amount of display area attributable to each frontage may be applied only to signs erected in the yard area adja- cent to such frontage. In computing the allowable display area only the faces of signs visible from any one direction on the adjoining street or highway shall be used. In no event shall more than a total of sixty (60) square feet of display area be allowed for each build- ing frontage. (2) Sign type and location. only the following shall be permitted point o signs: (A) Ground or pole signs. A ground or pole sign shall be permitted only when the lot upon which it is to be placed has a minimum of fifty (50) lineal feet of frontage. No ground or pole sign shall be erected within fifty (50) feet of any other ground or pole sign on the same lot. No such sign shall extend more than twenty (20) feet above ground level. (B) Marquee signs. A permitted sign may be placed on top of or on the vertical faces of a marquee provided that such sign does not project below the bottom of the vertical face of the marquee, nor more than two (2) feet above the marquee's upper edge. A permitted sign may be attached to the bottom of a marquee at a business entrance, provided the sign does not extend beyond the per- imeter of the marquee, does not exceed three (3) square feet total sign area, and does not extend below an eight (6) foot clearance measured from the sidewalk grade to the bottom edge of the sign. (C) Projecting signs. Projecting signs shall be permitted provided that no part of any such sign projects more than thirty-six (36) inches from the wall of a building. No such sign shall physically cover or obstruct any window or part of a window, nor obstruct window light and vision. No projecting sign shall ex- tend above the top of a parapet wall. A projecting sign may project over a public right-of-way only where the required building setback has been met, or there is no such setback required, and then only to a distance of two (2) feet beyond the right-of-way line. But in no event shall a sign projecting over a public right-of-way project to within less than two (2) feet of the curb line nor have a clearance above the sidewalk grade of ten (10) feet, or less than fifteen (15) feet above the grade of a road, driveway or alley. No permit shall be issued for a sign projecting over a public right-of-way until the applicant posts a bond or public liability insurance, protecting the City of Edgewater, in the amount of one hundred thousand dollars ($100,000.00) per person, three hundred thousand dollars ($300,000.00) for any accident, and five thousand dollars ($5,000.00) for property damage, such bond or insurance to remain in effect as long as the projecting sign remains. (D) Roof signs. Roof signs shall not be permitted. (E) Wall signs. Wall signs shall be permitted pro- vided that no such sign projects more than one (1) foot from any wall of a building, and provided that no such sign projects above the roof line or parapet, whichever is higher. Wall signs shall not cover any part of a window, including any part of a window within the sign perimeter, or obstruct window light or vision. (F) Window signs. Window signs shall be permitted only in conjunction with a display of merchandise. There shall be no limit to the number of such signs provided that the total area of all signs does not exceed thirty-five percent (35%) of the total glass area of the window containing the display. (G) Trailer signs. A trailer sign shall be consider- ed a temporary sign, and as such shall not be included in the compu- tation of maximum allowable display area for point -of -sale signs. No trailer sign shall remain on any premises for more than six (6) months out of each year. Permits for trailer signs shall be issued for three (3) month periods and shall be renewable only once. Permit fees for non -electric trailer signs shall be one-half (1/2) the fee which would normally be charged for the same size sign. No trailer sign shall be closer to a right-of-way line than the required building setback, nor shall any trailer sign be parked in a parking space which is required to meet minimum parking requirements. The advertising display area of trailer signs shall not exceed eight (8) feet in height or twelve (12) feet in length, and shall not exceed eighty (80) square feet in area per face. There shall be no more than one trailer sign erected on any one premises. (b) Billboards. Billboards may be erected only on property zoned B-1, B-B- , B-4, B-5, I-1 or I-2, and shall comply with the following requirements: (1) Maximum allowable advertising dis la area. Each face of a single or do%uleefaaced-Sill boar may contain rising dis- play area of no more than two hundred (200) square feet exclusive of embellishments, which shall not exceed fifteen percent (15%) of the total display area. No billboard display area shall exceed an overall height in excess of twenty (20) feet above ground level, nor extend to within closer than three (3) feet of the ground. No portion of the supporting structure for any billboard shall extend above its display area. (2) Billboard location and number. (A) Setback requirements. No billboard shall be erected nearer to any street than the established building setback line for that street, and all other zoning district yard and setback require- ments shall apply to each billboard. No billboard shall be erected within one hundred fifty (150) feet of the curb nearest the billboard of any limited -access highway or expressway designated as such by the State, County or City, not including the curbs of access ramps leading onto or off of such highways. (B) Number of billboards permitted. (i) No billboard structure containing more than seventy-five (75) square feet of display area may be erected closer than one thousand (1,000) feet to the nearest billboard structure having a display surface of more than seventy-five (75) feet facing the same direction and on the same side of the roadway. No such bill- board structure shall be erected closer than five hundred (500) feet to any other billboard structure on the same side of the roadway. (ii) No billboard structure containing seventy- five (75) feet or more of display area may be erected closer than five hundred (500) feet to any other billboard structure having a display surface facing the same direction and on the same side of the roadway. No such billboard structure may be erected closer than two hundred fifty (250) feet to any other billboard structure on the same side of the roadway. (iii) In no event shall more than twenty (20) bill- board structures per mile, or a proportionate number for fractions of a mile, be allowed for each side of the roadway. (iv) The distance between any two billboard struc- tures shall be measured along the centerline of the fronting roadway by drawing perpendicular lines from the point of each billboard closest to the other, to such centerline, and measuring the distance between such perpendicular lines along such centerline. (c) Other Signs. Unless otherwise specified the following regu- lations shall apply throughout the City: (1) Banner signs. No permit for a banner sign shall be granted unless the signs to be erected by, and on the premises of, a public or semi-public body, the sign will advertise an event, function or thing of general public interest, the location or the sign will not interfere in any way with the traffic of public safety of the citizens of the City, and the sign will not violate any other applicable pro- vision of this Ordinance. Banner signs shall be temporary signs and as such shall not be considered in the computation of maximum allowable display area for a premises. Banner signs shall be erected for a maxi- mum of twenty-one (21) days prior to the event or function advertised, and shall be removed within three (3) days thereafter. Only one banner sign at a time per premises will be permitted. Prior to issuing a per- mit for any banner sign the issuing official shall consult with the Police Department to determine whether the proposed sign will in any way interfere with traffic or public safety. The application fee for all banner signs shall be five dollars ($5.00) per application. (2) Tempo em oro signs. Temporary signs may be erected only in accordance with the relations for banner signs, provided that such signs shall not exceed twelve (12) square feet of display area, nor extend more than five (5) feet above ground level. (3) Bench signs. Bench signs shall be permitted only in accordance with the written authorization of the City Council. If author- ized, bench signs shall be erected only in accordance with all applicable provisions of this Ordinance. (4) Construction signs. One construction sign shall be allowed for each construction project where a building permit has been obtained for the project. Such sign shall be removed within fifteen (15) days after substantial construction operations have ceased and in no event later than the date of issuance of a certificate of occupancy. No such sign shall exceed thirty-two (32) feet in area. (5) Directory signs and nameplates; professional offices. Professional offices and businesses existing in accordance with local ordinances in any zone may erect directory signs or nameplates containing only the name, address and nature of business of the occupant(s). For each office building or group of attached offices or businesses the follow- ing shall be permitted: - 10 - (A) Where the building contains a single office, one nameplate or directory sign not exceeding four (4) square feet of display area. (B) Where the building contains two (2) or more offices, individual nameplates not exceeding two (2) square feet or a directory sign not exceeding ten (10) square feet of display area. (6) Identification si ns. One sign per premises contain- ing the name, ad ress an services of a public or semi-public body or the office of such a body shall be permitted. Such signs shall not exceed twelve (12) square feet of display area and may not extend higher than six (6) feet above the ground. (7) Integral signs. Integral signs shall be permitted in all zoning districts provided the individual letters or numerals of such signs do not exceed three (3) inches in height and provided the sign itself does not exceed four (4) square feet of display area. (8) Political campaign signs. Political campaign signs shall be permitt—ec as temporary signs, and as such, shall be removed within ten (10) days after the advertised candidate has been finally elected or defeated or the advertised issue finally decided. The display area of political campaign signs shall not be included in computing the maximum allowable display area for signs permitted on a premises. A sign permit covering the maximum of fifty (50) identi- cal such signs may be issued, and the fee for any permit for political signs shall be twenty cents (20) for each such sign of four (4) square feet or less, and fifty cents (50) for each such sign of more than four (4) square feet of display area. A flat fee of fifteen dollars ($15.00) will be charged where a cash bond of one hundred dollars ($100.00) ensuring the removal of all signs is posted with the issuing official. Political campaign signs shall be allowed only as follows: (A) In residential zoning districts no more than one (1) nonilluminated sign not exceeding four (4) square feet of display area per premises shall be permitted. Each such sign shall be set back a minimum of fifteen (15) feet from any public right-of-way. No such sign may be erected without the express consent of the owner of the property. (B) In all other zoning districts no more than two (2) nonilluminated signs per premises, not exceeding a total display area of twenty-four (24) square feet of display area shall be permitted. Each sign shall be set back a minimum of fifteen (15) feet from any public right-of-way. No such sign shall be erected without the written consent of the owner of the property. (9) Development signs. One development sign for each fronting public right way of a residential subdivision shall be permitted provided such subdivision has been platted, approved and is undergoing active development and/or sale. Such signs shall not ex- ceed eighty (80) square feet of display area, and shall not extend higher than fifteen (15) feet above ground level. (10) Subdivision signs. one sign per vehicular entrance to a subdivision ssEaTi _ep tea provided that no such sign shall exceed twelve (12) square feet of display area and does not extend higher than five (5) feet above ground level. SECTION 3-8: Nonconforming Signs (a) Amortization of Nonconformin Si ns. Any existing sign which is in vio at o t is Or finance at t e effective date of this Ordinance shall be deemed a nonconforming sign. Such signs may be continued subject to the following requirements: V (1) No nonconforming sign shall be altered, moved or re- paired in any way except in full compliance with the terms of this Ordinance. This provision shall not apply to the changing of temporary copy of changeable copy signs, nor to repairs necessary to maintain the structural integrity or safety of a sign so long as such repairs do not exceed twenty-five percent (25%) of the replacement cost of such sign. (2) All nonconforming signs shall be removed or made to conform with this Ordinance within five (5) years after the effective date of this Ordinance, with the exception of the following more res- trictive time limits: (A) The following types of signs shall be removed within sixty (60) days after the effective date of this Ordinance: (i) Free-standing signs and moveable signs (ii) Snipe signs (iii) Signs which in any way simulate emergency vehicles, traffic -control signs or warning signs erected or maintained by any public body or any railroad, public utility or similar body. (iv) Private signs placed on public property (v) signs containing any statements, words or pictures of an obscene nature. (vi) Signs attached to passenger vehicles except signs not exceeding three (3) square feet on the side of vehicles oper- ated during the normal course of a business and identifying only the business and/or its principal products or services, address and/or a telephone number. (vii) Signs which in any way obstruct any fire escape, window or door, or which are attached to any fire escape or ventilation device. (viii) Signs not advertising a bona -fide business or product or advertising a discontinued business or product. (ix) Nonconforming real estate signs. (x) Beacon signs (xi) Flashing signs and traveling lights signs (xii) Moving signs (xiii) Signs which include banners, pennants, ribbons, streamers, spinners or wind -operated devices, except as provided herein. (xiv) Signs containing a portion of a message where some other portion is contained on another sign, thereby creating a series of advertising messages along a street or highway. (xv) Signs located in the visibility triangle of any corner lot, such triangle to be drawn using the street right-of- way lines and a line connecting them at points thirty (30) feet from the intersection formed by such right-of-way lines; or signs which otherwise obstruct the view in any direction at a street intersection. (b) Removal of Signs. The building official shall have the responsibility to enforce the provisions of this Ordinance. - 12 - (1) If any property owner fails to comply with this Ordinance by failing to remove an unlawful sign or a sign for which the amortization period applicable to the sign has run, the building official shall send a notice of violation by certified mail, return receipt requested, to the owner of the property at the address shown on the latest consolidated county tax rolls. If the notice is re- turned unclaimed or otherwise undelivered, a true copy of such notice shall be posted on the property involved for ten (10) consecutive days. The notice shall contain the name and address of the owner as shown on the tax rolls, the legal description of the property, the time in which the owner shall abate the nuisance, which shall be not less than thirty (30) days from the receipt of the certified mail and shall have attached a photocopy of the relevant provisions of this Ordinance. (2) Any owner aggrieved by any action taken by the City under this Ordinance may appeal such action to the Board of Adjust- ment in accordance with City ordinances. (3) If no action has been taken regarding a notice of violation by the owner of the property involved within sixty (60) days after service of the notice, or the last day of posting on the property, and no appeal has been taken, the building official shall cause the sign to be removed. The reasonable cost of such removal is hereby assessed against the property involved and declared to be a lien on such land in accordance with state law. Such liens may be foreclosed by the City as provided by law. SECTION 3-9: Variances Variances to the strict requirements of this Ordinance may be granted by the Board of Adjustment only where a literal enforcement of the provisions of this Ordinance would result in substantial practical difficulty or unnecessary hardship peculiar to the property involved, and without regard to any hardship or difficulty which might be suffered by the owner of that property. Variances shall be granted only in accordance with the procedures of the City zoning ordinances. No variance for maximum allowable display area shall be granted. SECTION 3-10: Penalties Any person, organization or corporation who shall violate any of the provisions of this Ordinance, or fail to comply with any of its require- ments, or build or alter any building or structure contrary to intent, expressed or approved, or without obtained required permits and certifi- cates, or use any land, building or other structures in a manner pro- hibited by this Ordinance, shall, upon conviction thereof, be fined not more than five hundred dollars ($500.00), or imprisoned not more than thirty (30) days, or both, and in addition, shall pay all costs and expenses involved in the case. Each day such violation shall continue shall be considered a separate offense. SECTION 3-11: Conflict with other If any provision, section, part of section, sentence, or phrase of this Ordinance shall be held unconstitutional or invalid, all other parts, provisions, and sections of this Ordinance not expressly so held to be unconstitutional or void shall be continued in full force and effect, and the City Council hereby declares that it would have passed such other parts, provisions and sections, irrespective of the fact that any one or more provisions, sections, parts of sections, sentence, clause - 13 - or phrase be declared unconstitutional or invalid. SECTION 3-12: Provision for Incorporation into Municipal Code This Ordinance shall be known as the Edgewater Sign Ordinance and shall be codified within the Code of Ordinances as Chapter 3 of said Code. SECTION 3-13: Effective Date This Ordinance shall take effect immediately upon its passage and approval as provided by law. SECTION 3-14: Publication The City Clerk is hereby directed to advertise this Ordinance as required by law. The first reading of the above Ordinance is read in full and passed by vote of the City Council of the City of Edgewater, Florida, at a regular meeting of said Council held on the 4F;rlw day of January , 1980, and approved as provided by law. The second reading of said Ordinance to be at a ,n meeting of the City Council to be held on the 1195 day of 1980. ATEST: FIRST READING: B,a si0n [ap3 Counci3man �_�Qc"_L"- Councilman /' - 14 - SECOND READING: A'& Counci man�g_(,(Q&44! l= C� N n n Councilman Approved this JffAl day of A.D. gQ. Mayor 57 This Ordinance prepared by JUDSON I. WOODS, JR. City Attorney