Division 26. Sign Ordinance.

Section 26.4. Prohibited signs.

The following signs and sign-types are prohibited within the city limits and shall not be erected. Any lawfully existing permanent sign or sign-type which is among the prohibited signs and sign-types listed below shall be deemed a nonconforming sign subject to the provisions of Section 26.5.

(a) Billboards; off-site signs.

(b) Revolving signs; rotating signs.

(c) Flashing signs.

(d) Animated signs.

(e) Wind signs.

(f) Portable signs, other than sandwich board signs as allowed within certain zoning districts pursuant to this division.

(g) Roof signs, other than integral roof signs in non-residential zoning districts.

(h) Abandoned and discontinued signs.

(i) Snipe signs.

(j) Projecting signs.

(k) Bus bench advertising signs; bus shelter advertising signs.

(l) Signs that emit sound, vapor, smoke, odor, particles or gaseous matter.

(m) Signs that have unshielded illuminating devices.

(n) Signs that obstruct, conceal, hide or otherwise obscure from view any official traffic or governmental sign, signal or device.

(o) Any attached sign that exceeds one hundred (100) square feet in area.

(p) Any freestanding sign that is higher than thirty-five (35) feet.

(q) Any freestanding sign that exceeds 135 square feet in sign area.

(r) Any sign within a sight visibility triangle that obstructs a clear view of pedestrian or vehicular traffic.

(s) Any sign in the public right of way, other than traffic control device signs, bus stop informational signs, warning signs or safety signs and subdivision monument identification signs specifically permitted by the City Commission..

(t) Any sign attached to a seawall or pier, other than a warning sign or safety sign.

(u) Any sign other than a traffic control device sign that uses the word “stop” or “danger,” or presents or implies the need or requirement of stopping or the existence of danger, or which is a copy or imitation of official traffic control device signs, and which is adjacent to the right-of-way of any road, street, or highway.

(v) Any sign nailed, fastened or affixed to any tree.

(w) Any sign prohibited by state or federal law.

(x) Vehicle sign or signs which have a total sign area on any vehicle in excess of ten square feet, when the vehicle is not “regularly used in the conduct of the business” advertised on the vehicle, and (a) is visible from a street right-of-way within one hundred feet of the vehicle, and (b) is parked for more than two consecutive hours within one hundred feet of any street right of way. A vehicle shall not be considered “regularly used in the conduct of the business” if the vehicle is used primarily (i) for advertising, or (ii) for the purpose of advertising, or (iii) for the purpose of providing transportation for owners or employees of the business advertised on the vehicle.

(y) Any sign located on real property without the permission of the property owner.

(z) Beacons, except as required by federal or state law.

Section 26.5. Nonconforming signs.

A nonconforming sign that was lawfully erected may continue to be maintained: (a) until the nonconforming sign is substantially damaged or destroyed, or (b) until the real property on which the sign is located is redeveloped, whichever of the foregoing occurs first. At such time the sign is substantially damaged or destroyed or at such time the real property is redeveloped, the nonconforming sign must either (a) be removed or (b) be brought into conformity with this division and with any other applicable law or regulation. For the purpose of this section, the term “redevelopment” shall mean a substantial improvement of the principal structure on the real property.

Section 26.6. Exemptions.

This division does not pertain to the following: (a) A sign, other than a window sign, located entirely inside the premises of a building or enclosed space. (b) A sign on a vehicle, other than a prohibited vehicle sign or signs. (c) A statutory sign.

Section 26.7. Building permits.

It shall be unlawful for any person or business or the person in charge of the business to erect, construct, alter or maintain an outdoor advertising display sign, as defined in the Florida Building Code, without first obtaining a building permit from the city in accordance with the provisions of the Florida Building Code and applicable law. Permit fees shall be paid in accordance with the applicable city fee schedules. The requirement of a building permit under the Florida Building Code is separate and independent of the requirement for a sign permit under this division.

Section 26.8. Shielding of illumination.

Illuminated signs, in addition to conforming to all other requirements of this division, shall be shielded in such a manner so that no direct source of light is cast into residential properties or into a public street or right-of-way. Illuminated signs shall not interfere with pedestrian or motorist vision. The illumination shall not be reflective or phosphorescent and shall perform in a steady non-fluctuating or non-undulating manner and shall be placed in a manner that will not create a nuisance to other premises or interfere with vehicular movements.

Section 26.9. Substitution of noncommercial speech for commercial speech.

Notwithstanding anything contained in this division or Code to the contrary, any sign erected pursuant to the provisions of this division or Code may, at the option of the owner, contain a non-commercial message unrelated to the business located on the premises where the sign is erected. The non-commercial message may occupy the entire sign face or any portion thereof. The sign face may be changed from commercial to non-commercial messages, or from one non-commercial message to another, as frequently as desired by the owner of the sign, provided that the size, height, setback and other dimensional criteria contained in this division and Code have been satisfied.

Section 26.10. Content neutrality as to sign message (viewpoint).

Notwithstanding anything in this division or Code to the contrary, no sign or sign structure shall be subject to any limitation based upon the content (viewpoint) of the message contained on such sign or displayed on such sign structure.