2013-O-07 ORDINANCE NO. 2013-0-07
AN ORDINANCE OF THE CITY OF EDGEWATER,
FLORIDA, AMENDING AND RESTATING ARTICLE VI
(SIGN REGULATIONS) OF CHAPTER 21 (LAND
DEVELOPMENT CODE); PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FOR AN EFFECTIVE
DATE, ADOPTION AND CODIFICATION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. On July 10, 2000, City Council adopted Ordinance #2000-0-12 which enacted
Chapter 21 (Land Development Code) of the City of Edgewater Code of Ordinances.
2. On November 7, 2011, Council adopted Ordinance #2011-0-16 which amended
and restated Chapter 21 (Land Development Code), Article VI (Sign Regulations).
3. On August 20, 2012, Council adopted Ordinance #2012-0-06 which amended and
restated Chapter 21 (Land Development Code), Article VI (Sign Regulations).
4. Adoption of this Ordinance will modify the above-referenced Article of Chapter
21 (Land Development Code).
NOW, THEREFORE, BE IT ENACTED by the People of the City of
Edgewater, Florida:
PART A. AN ORDINANCE OF THE CITY OF EDGEWATER,
FLORIDA, AMENDING AND RESTATING
ARTICLE VI (SIGN REGULATIONS) OF CHAPTER
21 (LAND DEVELOPMENT CODE); PROVIDING
FOR CONFLICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY;
PROVIDING FOR AN EFFECTIVE DATE,
ADOPTION AND CODIFICATION.
1
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#2013-0-07
Amend Chapter 21 (Land Development Code) of the City of Edgewater, Florida by
amending and restating Article VI (Sign Regulations) as set forth in Exhibit "A" which is
attached hereto and incorporated herein.
PART B. CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof, in conflict with this
ordinance, are hereby superseded by this ordinance to the extent of such conflict.
PART C. SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void by a court of competent jurisdiction, such holding shall not affect the
remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to
be inapplicable to any person, property, or circumstances by a court of competent jurisdiction,
such holding shall not affect its applicability to any other person, property, or circumstance.
PART D. CODIFICATION.
Provisions of this ordinance shall be incorporated in the Code of Ordinances of the City
of Edgewater, Florida, and the word "ordinance", may be changed to "section", "article", or
other appropriate word, and the sections of this ordinance may be renumbered or relettered to
accomplished such intention; provided, however, that Parts B through F shall not be codified.
PART E. EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
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#2013-0-07
PART F. ADOPTION.
After Motion to approve by Councilwoman Power, with Second by Councilwoman
Bennington, the vote on the first reading of this ordinance held on July 15, 2013, was as follows:
AYE NAY
Mayor Mike Thomas X
Councilwoman Christine Power X
Councilwoman Gigi Bennington X
Councilman Mike Ignasiak EXCUSED
Councilman Gene Emter X
After Motion to approve by °6 t {a, -' with Second by
CC.lt1Eiji;.rcrnwz( �,t,,, { the vote on the second reading/public hearing of this ordinance held on
c=�.Ql3 was as follows:
AYE NAY
Mayor Mike Thomas X
Councilwoman Christine Power X
Councilwoman Gigi Bennington X
Councilman Mike Ignasiak X
Councilman Gene Emter X
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#2013-0-07
PASSED AND DULY ADOPTED this 19th day of August, 2013.
ATTEST: CITY COUNCIL OF THE
CITY 0 EDG WA ' F.
B
Bonnie Wenzel 0 Mike Tho I as
City Clerk Mayor
Robin L. Matusick
Paralegal
For the use and reliance only by the City of Approved by the City Council of the City of
Edgewater, Florida. Approved as to form and Edgewater at a meeting held on this 19th day
legality by: Aaron R. Wolfe, Esquire of August, 2013 under Agenda Item No.
City Attorney 8(X .
Doran, Sims, Wolfe& Kundid
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#2013-0-07
Exhibit "A"
5
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#2013-0-07
ARTICLE VI
SIGN REGULATIONS
SECTION 21-60 - GENERAL PROVISIONS VI-1
21-60.01 - Purpose VI-1
21-60.02 - General Provisions VI-1
21-60.03 - Permits VI-2
21-60.04 - Prohibited Signs VI-3
21-60.05 - Exemptions VI-3
21-60.06 - Variances VI-4
SECTION 21-61 - ON-SITE SIGNS VI-4
21-61.01 - Construction Signs VI-4
21-61.02 - Development Signs VI-5
21-61.03 - Pole Sign VI-5
21-61.04 - Ground Signs VI-5
21-61.05 - Projecting Signs VI-6
21-61.06 - Real Estate Signs VI-6
21-61.07 - Shopping Center Signs (Commercial Centers) VI-6
21-61.08 - Wall Signs VI-7
21-61.09 - Window Signs VI-7
21-61.10 - Subdivision Signs VI-7
21-61.11 - Electronic Message Centers/Signage VI-7
SECTION 21-62 - OFF-SITE SIGNS VI-8
21-62.01 - General Requirements VI-8
21-62.02 - City Franchise Signs VI-8
21-62.03 - Public Information Signs VI-9
21-62.04 - Off-Site Wall Signs VI-9
SECTION 21-63 - TEMPORARY SIGNS VI-9
21-63.01 - Portable Signs VI-9
21-63.02 - Banner Signs VI-10
21-63.03 - Political Campaign Signs. VI-10
21-63.04 - Special Activity/Events Signs VI-11
SECTION 21-64 - NON-CONFORMING SIGNS VI-11
21-64.01 -Amortization VI-12
21-64.02 - Removal VI-12
SECTION 21-65 - SIGN AGREEMENTS VI-12
21-65.01 - Agreement Process VI-12
21-65.02 - Agreement Criteria VI-13
SECTIONS 21-66 THROUGH 21-69 RESERVED FOR FUTURE USE.
Rev.8-20-12(Land Development Code) Article VI
-i-
ARTICLE VI
SIGN REGULATIONS
SECTION 21-60—GENERAL PROVISIONS
21-60.01 - Purpose
The purpose of sign regulations is to protect,preserve and improve the character and appearance of
the City and to provide opportunity to advertise in commercial and industrial areas. It is further the
intent to limit signs in residential and agricultural areas to essential signs,primarily for the purpose
of identification and information.These regulations shall be the minimum requirements necessary to
accomplish these purposes and to protect the public health, safety and general welfare.
In addition to City-wide sign regulations contained in this Article,the City of Edgewater has adopted
the Indian River Boulevard-S.R. 442 Corridor Design Regulations and the Ridgewood Avenue
Corridor Design Regulations which are incorporated as Article XVIII and Article XX respectively in
this Land Development Code. Requirements contained in Article XVIII, Indian River Boulevard
Corridor-S.R. 442 Design Regulations and Article XX, Ridgewood Avenue Corridor Design
Regulations, shall supersede and compliment the requirements set forth in this Article. Properties
located within the Indian River Boulevard Corridor-S.R.442 Overlay and/or the Ridgewood Avenue
Corridor Overlay must adhere to the sign design regulations contained in the Indian River Boulevard
Corridor Design Regulations and the Ridgewood Avenue Corridor Design Regulations. A copy of
these regulations and illustrations for design are available for purchase at City Hall. It is the
Developer's responsibility to obtain a copy of the regulations for the Overlays prior to conceptual
design layout.
21-60.02 - General Provisions
The following general provisions shall apply to every sign erected in the City.
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 permanently affixed on a weather resistant label.
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 load pressure of not less than
twenty-five (25) pounds per square foot of area or as required by any applicable code or
ordinance, whichever is more restrictive.
d. Vegetation shall be kept cut around the base of any ground sign for a distance of fifteen feet
Rev.8-20-12(LandDevelopmentCode) VI-I
(15')from any portion of such sign touching the ground and the area around ground sign shall be
kept free of any material that might constitute a fire or health hazard.
e. The numeric street address of the property upon which the sign is located shall be identified on
the side and front of the sign. The street address numbers shall be between six(6)to twelve(12)
inches in height.
e-f. All signs shall be maintained in good condition and repair. Signs shall be deemed as non-
maintained if any part thereof is broken,tattered,torn,faded,letters or graphics are completely
or partially missing, or otherwise in disrepair.
21-60.03 - Permits
a. No person shall operate,maintain,erect,alter,repair or relocate any signs until the Development
Services Director and Building Official has determined that the proposed sign substantially
complies with the requirements of this Article.
b. Application for a sign permit shall be on forms provided by the City Building Official and shall,
at a minimum, contain the following information:
1. The name,address and telephone number of the applicant,the owner of the sign and
the owner of the property on which the sign is to be located; and
2. The address, if any, and legal description of the premises on which the sign is to be
located; and
3. A drawing to scale,in duplicate,showing the size,height,location,structural details
and dimensions of the sign and sign structure; and
4. Two drawings to scale 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; and
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; and
6. Such other information as may be necessary to demonstrate compliance with this
Article including, but not limited to, engineers' drawings.
c. All signs shall be erected, altered, operated and maintained in compliance with the Standard
Building Code and the National Electrical Code. Signs 32 square feet, or less, in area shall be
deemed to comply with the wind load requirements of the Florida Building Code by submission
of plans and specifications to the Building Official.
Rev.8-20-12(LandDevelopmentCode) VI-2
d. The Development Services Director and Building Official shall conduct a timely review of the
sign permit application and shall either issue the permit or provide the applicant with a written
statement of the reasons for denial.
e. Appeals of Building Official decisions regarding construction issues shall be made to the
Construction Board of Adjustment and Appeals. Appeals of other sign related issues shall be
made in accordance with Article I.
21-60.04 - Prohibited Signs
The following signs are prohibited in the City:
a. No person shall erect a sign on or over any public property or public right-of-way, except in
accordance with a banner sign or franchise agreement approved by the City Council. Any
sign(s)installed on public property shall be forfeited to the public and subject to confiscation at
the owners' cost.
b. The operation of any vehicle for the sole purpose of advertising is prohibited within the City of
Edgewater.
c. Roof signs,billboards,inflatable signs, snipe signs,banners,pennants,wind operated devices,
sandwich signs, moving signs, freestanding signs, flashing signs, beacon light signs with
moving or alternating or traveling lights are prohibited, except as limited elsewhere in this
Article.Time and temperature signs and lighted moving message boards less than 35 square feet
in area shall not be subject to this prohibition.
d. Projecting signs within an area bounded by the intersection of two rights-of-way and points fifty
feet (50') from such intersections measured along the rights-of-way except as permitted
elsewhere in this Article.
e. Pursuant to Chapter 316.077, F.S., no sign shall be permitted which is an imitation of or
resembles an official traffic control device.
f. Commercial Mascots, as defined in Article II.
21-60.05 -Exemptions
The following signs shall be exempt from the permitting requirements of this Article.
a. Signs less than six (6) square feet in area and used only to identify the residential property
address and occupantls-resident(s) name and shall not include any advertisinz.
b. Legal notices posted by authorized persons of a governmental body.
c. Any informational sign directing vehicular traffic, parking or pedestrian traffic on private
Rev.8-20-12(LandDevelopmentCode) VI-3
property, provided that such sign shall contain no advertising material and shall not exceed 4
square feet in total area. The letters shall not exceed eight inches (8") in height. If the sign
includes any advertising or logo, a sign permit shall be required.
d. Identification signs, information signs or traffic control devices erected by any governmental
body. In addition, emergency warning signs erected by a government agency, private utility
company or a contractor doing authorized or permitted work within a public right-of-way.
e. Wall graphics/murals may be an integral decoration of a building,but shall not include letters,
trademarks,moving parts or moving lights and shall not cover more than thirty percent(30%)of
any single wall surface area per building. Works of art, such as murals approved by the
Development Services Director, that do not include a commercial message, comply with the
additional sign wind and sight visibility code and do not violate any design overlay standards as
contained in the City Land Development Code.
f. On-site signs five (5) square feet or less in area that offers a specific property for sale, lease or
rent by the owner or his authorized agent.
g. The flag of the United States shall be displayed in accordance with the protocol established by
the Congress of the United States for Stars and Stripesthe United States of America Flag Code
(P.L. 94-344). All other flags shall conform to the requirements of Section 21 61.
h. Holiday lights and decorations with no commercial messages between November 1St and
February 1st
i. Works of art that do not include a commercial message.
t iTwo open house flags, not exceeding fifteen (15) square feet each in area, displayed during
inspection times for model homes are open to be viewed by the general public.
21-60.06 -Variances
Variances to the requirements of this Article may be granted by the Planning and Zoning Board in
conformance with the requirements of Article IX.
SECTION 21-61 - ON-SITE SIGNS
21-61.01 - Construction Signs
a. One construction sign, including the names of persons or firms furnishing labor, services or
materials to the construction site, shall be allowed for each project where an active building
permit has been obtained for the project.
I b. Such sign shall be removed no later than the date of issuance of a certificate of occupancy
Rev.8-20-12(LandDevelopmentCode) VI-4
and/or final inspection of the construction project.
c. No such sign shall exceed thirty-two (32) square feet in area.
21-61.02 - Development Signs
a. One sign, not to exceed sixty-four(64) square feet in area for nonresidential projects or forty-
eight(48) square feet in area for residential projects,may be permitted on each site for which a
site plan, or subdivision plat, has been approved.
b. A development sign permit may be issued for no longer than one (1) year. However, the
Building Official may renew the permit, if it is determined that promotion of the site is still
active.
21-61.03 -Pole Signs
a. Pole signs shall be limited to two(2)square feet of signage per one(1)linear foot of addressed
building frontage and shall not exceed 60 square feet, except as provided in Section 21-61.07.
b. Pole signs shall be a maximum of twenty feet (20') high with a minimum nine foot (9')
clearance above the ground or sidewalk. No pole sign shall be located closer than fifty feet(50')
from any existing pole sign.
c. Except for shopping centers as described in Section 21-61.07, there shall be only one (1)pole
sign per parcel.
d. The sign area shall be calculated to include the outside edge of the sign cabinet or frame.
e. Except as provided in Section 21-62, a pole sign shall only be used to advertise a business on
the same site.
21-61.04 - Ground Signs
a. Ground signs shall be limited to two (2) square feet of signage per one (1) linear foot of
addressed building frontage and shall not exceed sixty(60) square feet, except as provided in
Section 21-61.07.
b. Ground signs shall be a maximum of ten feet (10') high and shall be located in an approved
landscaped buffer area. Ground signs shall not impede traffic visibility as outlined in Article III,
"Site Triangle Requirements".
c. Except for shopping centers as described in Section 21-61.07,there shall be only one(1)ground
sign per parcel. No ground sign shall be located closer than fifty feet(50')from any existing
ground sign.
Rev.8-20-12(LandDevelopmentCode) VI-5
d. The sign area shall be calculated to include the outside edge of the sign cabinet or frame.
e. Ground signs shall only be used to advertise a business on the same site.
21-61.05 - Projecting Signs
a. A projecting sign shall not extend more than four feet(4')beyond the surface of the building to
which it is attached.
b. The surface area of a projecting sign shall not exceed twenty-four(24)square feet per building.
c. There shall be a minimum of nine feet (9') clearance between the bottom of a projecting sign
and the ground surface or sidewalk.
21-61.06 - Real Estate Signs
a. A non-illuminated sign advertising the sale or lease of a business or parcel on which the sign is
located shall be permitted in any zoning district.
b. The maximum sign size shall be thirty-two (32) square feet.
c. Model home signs shall not exceed sixteen(16) square feet.
21-61.07 - Shopping Center Signs
a. Ground or pole signs for shopping centers may be constructed subject to compliance with the
criteria described below. No other signage shall be permitted for these uses,except wall signs.
Sign Criteria Parcel Width Less Parcel Width Greater
Than 150 Ft. Than 150 Ft.
Number of Signs per One Two
Parcel
Maximum Allowable 100 sq. ft. per side Anchor Structure Sign
Area of All Signage On 200 sq. ft. total 100 sq. ft. per side
the Site 200 sq. ft. total
Tenants Sign
100 sq. ft. per side
200 sq. ft. total
Maximum Height Above Poles - 20 feet Poles - 20 feet
Ground Ground - 10 feet Ground - 10 feet
Minimum Clearance From Poles - 9 feet Poles - 9 feet
Ground
Area Allowed For Center 20 percent maximum 20 percent maximum
Rev.8-20-12(LandDevelopmentCode) VI-6
Name
•
Area Allowed For Tenants 80 percent minimum 80 percent minimum
Name
21-61.08 - Wall Signs
a. The total amount of wall signs allowed shall be two(2)square feet of signage per one(1)linear
foot of addressed business frontage, not to exceed sixty-four(64) square feet.
b. The area of a wall sign shall be calculated by summing the area of each letter and the corporate
logo in the sign.
21-61.09 - Window Signs
The window area and the glass door area between four feet (4') and seven feet (7') above the
adjacent ground shall not be covered by opaque signage.
21-61.10 - Subdivision Signs
A maximum one hundred (100) square feet in area ground sign identifying a subdivision may be
located at each subdivision entrance provided the site triangle requirements of Article III are met.
21-61.11 —Electronic Message Centers/Signage
a. Electronic message center signs are permitted only along U.S. 1, Park Avenue and S.R.
442/Indian River Boulevard. No more than one electronic message center sign is permitted for
each property frontage located on the above-referenced roadways.
b. Signs must be set back a minimum of ten feet(10')from the right-of-way to the closest edge of
the sign.
c. Signs must be constructed as ground sign.
d. The maximum electronic panel area shall not exceed 50% of the sign size.
e. A sign with a sign face on two sides and no more than 4.5' feet of separation between faces
shall be considered a single sign.
f. Sign copy may change only at intervals of not less than five(5)seconds. Continuous scrolling,
animation, or flashing of lights is prohibited.
g. Obscene, immoral and/or lewd graphics and/or language shall not be displayed at anytime on
the display screen area.
h. The display screen area shall provide a high-resolution picture quality with pixel spacing of 16
millimeters or less.
i. Maximum brightness is 5,000 nits during the day and 500 nits from dusk to dawn.
Rev.8-20-12(LandDevelopmentCode) VI-7
j. A malfunctioning sign must be turned off or display a blank screen.
k. Electronic message center signs shall not be added to any nonconforming sign.
1. All power to the sign shall be supplied via underground carrier,inside an improved conduit and
installed to City requirements.
m. The signage shall be maintained in a good operating condition and external appearance.
n. Government electronic message center signs shall provide necessary public information,
including but not limited to directions, schedules or information regarding public facilities or
places of interest. The City Council may waive the standards in this section for a government
sign provided that the deviation promotes the public health, safety and welfare.
o. Any electronic message center/signage in existence prior to adoption of the standards set forth
in this Section and are not in conformance with said Section shall be deemed non-conforming
pursuant to Article VII.
p. Any electronic message center/signage in existence prior to adoption of the standards set forth
in this Section and are not in conformance with said Section shall be deemed non-conforming
pursuant to Article VII.
SECTION 21-62 - OFF-SITE SIGNS
Off-site signs that advertise products or businesses located at a site other than the location of the
business are deemed by this Article to constitute a separate use. The control and regulation of the
display of such advertising deemed to be appropriate to the character and surrounding development
shall be considered. It is intended that such advertising be confined to certain commercial and
industrial properties.
21-62.01 - General Requirements
All off-site signs, with the exception of special activity/event signs advertising special activities/
events authorized by the City, shall require approval by the City Council upon a recommendation
from the Development Services Director and Building Official.
a. Off-site signs shall be limited to twelve(12) square feet in area and shall not be located closer
than one thousand feet (1,000')to another off-site sign.
b. All off-site signs shall conform to the Standard Building Code construction requirements.
21-62.02 - City Franchise Signs
The City Council may approve off-site signs for certain franchise agreements. The criteria for
approval of off-site selection shall be consistent with the conditions contained in the Sign Franchise
Agreement and shall be subject to City Council approval. Minimum standards include:
Rev.8-20-12(LandDevelopmentCode) VI-8
a. A leading edge of a franchise sign shall not be closer than ten feet(10')to a paved surface of a
public right-of-way, unless approved by the City Manager.
b. Signs bearing public information, as designated by the City Manager, may be placed in any
zoning district.
c. A franchise sign shall have a minimum clearance of nine feet (9') above the ground and a
maximum height of sixteen feet(16')except those placed on public transportation benches and
shelters as approved through a competitive selection process pursuant to City standard
procedures.
21-62.03 - Public Information Signs
Public information signs containing no commercial message and installed by the City,which-are-no
greater than four(CI) square feet in area may be located anywhere in the City.
21-62.04 - Off-Site Wall Signs
City Council may approve off-site wall signs subject to the following:
a. The business/development has no other off-site signs.
b. Signs shall not exceed thirty-two (32) square feet each.
c. No more than one (1)wall sign per each side of the building with a maximum of two(2)signs
per building.
d. The total square footage allowed for all wall signs per building shall not exceed the
requirements contained in Section 21-61.08.
e. Off-site wall signs are temporary and will be permitted for six (6) months.
SECTION 21-63 - TEMPORARY SIGNS
21-63.01 - Portable Signs
a. The Building Official may issue a portable sign permit to a business for a maximum of thirty
(30) days per year to announce special events or grand openings.
b. The maximum size of a sign shall be thirty-two (32) square feet.
c. Only one (1) sign shall be permitted on a parcel at any one time.
d. A sign shall not occupy any required parking space nor restrict on-site traffic flow.
Rev.8-20-12(LandDevelopmentCode) VI-9
e. A portable sign shall not be located closer than ten feet (10') to the paved portion of a public
right-of-way.
f. Portable signs shall not have flashing or moving lights and shall not be affixed to another sign or
structure or mounted for the purpose of making it a permanent sign.
21-63.02 - Banner Signs
a. The Building Official may issue only one(1)banner sign per street frontage at a time on a given
parcel, for a special event such as grand openings.
b. Banner signs shall not be permitted in residential zoning districts and the B-4 district.
c. The maximum sign area shall be thirty-two (32) square feet.
d. Banners may display business or product logos and generic messages, but not specific sales
information.
e. Banners may be erected up to seven(7)days prior to the event,shall be removed within two(2)
days after the event and shall be limited to ten (10) days per event two (2) times per year.
f. The City Council may approve banners that do not comply with these requirements for citywide
functions.
21-63.03 - Political Campaign Signs.
a. Political campaign signs shall be permitted as temporary signs and, as such, shall be removed
within ten(10)days after the advertised candidate has been finally elected or defeated. A sign
may remain through any primary or run-off election as to any candidate who is subject thereto.
b. An applicant for a political campaign sign shall be issued one sign permit for an unlimited
number of signs. The fee shall be as established by resolution.
c. Signs shall not be placed in any public right-of-way, on any public property, attached to any
utility pole nor attached to any tree. Signs located on private property shall have the written
authorization of the property owner.
d. Signs placed on private property shall be securely erected to prevent displacement by heavy
winds and so placed as to not interfere with traffic visibility.
e. Political campaign signs shall not exceed eight (8) square feet in area.
f. Upon determination of the Code Compliance Officer, illegal signs shall be removed within
twenty-four(24) hours after notification to the applicant.
Rev.8-20-12(LandDevelopmentCode) VI-10
g. The City shall retain removed illegal political campaign signs for five (5) working days after
notification before their destruction. An applicant may retrieve the signs during this period.
I 21-63.04 - Special Activity/Event Signs
Sign permit applications for special athletic,civic or charitable events located in or across right of
a. The maximum height of special activity/event signs shall be ten (10) feet.
b. Special activity/event signs shall not exceed thirty-two(32)square feet in area and there shall be
a maximum of ninety-six (96) square feet on-site signage per special event.
c. No special activity/event sign may be used for the purpose of off-site advertising without the
written authorization of the property owner/occupant. No special activity/event sign shall be
placed on lots or parcels of any vacant property without written authorization of the property
owner.
d. No sign prohibited in this Article shall be authorized under this section as a special
activity/event sign.
e. No special activity/event sign shall be placed so as to obscure visibility of any permanent
freestanding sign, unless such placement has been approved by the property owner whose
freestanding sign is obscured.
f. No special activity/event sign shall be placed so as to obscure vehicular sight visibility.
g. Special activity/event signs shall be erected not more than ten-(-10)twenty-one(2.21)days prior
to the special activity/event. All special activity/event signs shall be removed within two (2)
days after the approved special activity/event for which the sign was advertising.
h. The erection and removal of all special activity/event signs shall be the responsibility of the
person sponsoring the special activity/event. Failure or refusal to remove said signs within two
(2)days after the special activity/event shall authorize the City to remove such signs and dispose
thereof.
i. No special activity/event signs shall be placed on City properties unless it is authorized and
installed by the City in accordance with the Special Activity/Event Sign Policy.
SECTION 21-64 -NON-CONFORMING SIGNS
Any existing sign that is in violation of this Article at the effective date of this Chapter shall be
deemed a legal non-conforming sign. Such signs may be continued subject to the conditions
described below.
Rev.8-20-12(LandDevelopmentCode) VI-11
21-64.01 - Amortization
a. No non-conforming sign shall be altered, moved or repaired in any way except in full
compliance with the terms of this Article. This provision shall not apply to the changing of
temporary copy of changeable copy signs or to repairs necessary to maintain the structural
integrity or safety of a sign so long as such repairs do not exceed fifty-one percent(51%)of the
replacement cost of such sign.
b. All non-conforming signs shall be maintained in good repair, subject to the conditions above.
c. Failure to remove non-conforming signs may subject the sign owner to the code compliance
provisions of Article X. In this regard, a sign owner may enter into a sign agreement as
described in Section 21-65.
21-64.02 - Removal
a. An obsolete or deteriorated sign shall be removed by the owner, agent or person having
beneficial use of the premises on which sign is located and shall be removed within thirty(30)
days of written notification by the Code Compliance Department.
b. Upon failure to comply with such notice,the Code Compliance Department shall cause the sign
to be removed at the owner's expense, including any interest that may have accrued.
c. Failure to pay such costs within thirty(30)days of the written notification of the removal costs
shall create a lien against the sign owner in favor of the City.
SECTION 21-65 - SIGN AGREEMENTS
The purpose of this Section is to provide a process and criteria by which the City can bring illegal
and/or non-conforming signs into compliance without adjudication by the Code Compliance Board
or the court system.
21-65.01 -Agreement Process
a. An applicant shall provide a sign agreement that includes the criteria described in Section 21-
65.02.
b. The applicant shall submit the required sign agreement not less than forty-five(45)days prior to
the Planning and Zoning Board(P&Z) meeting at which the applicant wishes consideration.
c. The P&Z shall conduct a public hearing after providing the following public notice:
1. Direct mail notice to all property owners of record within one hundred fifty feet
(150') of the proposed sign location.
Rev.8-20-12(LandDevelopmentCode) VI-12
2. Post the proposed site no less than ten(10) days prior to the subject P&Z meeting.
d. Upon completion of the P&Z deliberations, the agreement shall be scheduled for the next
available City Council meeting.
e. The City Council shall hold a public hearing regarding the proposed agreement after public
notice in the same manner as provided above.
f. The City Council shall take final action regarding the agreement within thirty(30)days, unless
the applicant agrees to additional time.
21-65.02 - Agreement Criteria
At a minimum, the sign agreement shall include:
a. The name, address and phone number of the applicant.
b. The name, address and phone number of the existing sign site property owner.
c. Any appropriate site drawings and plans.
d. A timetable for removal of the existing sign.
e. Any proposed site mitigation activities.
f The signature of the applicant.
g. The signature of the site property owner.
h. The signature of the appropriate City official.
Sections 21-66 through 21-69 reserved for future use.
Rev.8-20-12(LandDevelopmentCode) VI-13