Division 26. Sign Ordinance
PDF version - Division 26 (100 kb)
Section 26.1. Purpose, intent and scope.
It is the purpose of this division to promote the public health, safety and general welfare through reasonable, consistent and non-discriminatory sign standards. The sign regulations in this division are not intended to censor speech or to regulate viewpoints, but instead are intended to regulate the secondary effects of speech and especially insofar as those secondary effects may adversely affect aesthetics and traffic and pedestrian safety. In order to preserve and enhance the City as a desirable community in which to live, vacation and do business, a pleasing, visually attractive environment is of foremost importance. The regulation of signs within the City is a highly contributive means by which to achieve this desired end. These sign regulations have been prepared with the intent of enhancing the visual environment of the City and promoting its continued well-being, and are intended to:
(a) Encourage the effective use of signs as a means of communications in the City;
(b) Maintain and enhance the aesthetic environment and the City’s ability to attract sources of economic development and growth;
(c) Improve pedestrian and traffic safety;
(d) Minimize the possible adverse affect of signs on nearby public and private property;
(e) Foster the integration of signage with architectural and landscape designs;
(f) Lessen the visual clutter that may otherwise be caused by the proliferation, improper placement, illumination, animation, excessive height, and excessive size (area) of signs which compete for the attention of pedestrian and vehicular traffic;
(g) Allow signs that are compatible with their surroundings and aid orientation, while precluding the placement of signs that contribute to sign clutter or that conceal or obstruct adjacent land uses or signs;
(h) Encourage and allow signs that are appropriate to the zoning district in which they are located and consistent with the category of use and function to which they pertain;
(i) Curtail the size and number of signs and sign messages to the minimum reasonably necessary to identify a residential or business location and the nature of any such business;
(j) Establish sign size in relationship to the scale of the lot and building on which the sign is to be placed or to which it pertains;
(k) Categorize signs based upon the function that they serve and tailor the regulation of signs based upon their function;
(l) Preclude signs from conflicting with the principal permitted use of the site and adjoining sites;
(m) Regulate signs in a manner so as to not interfere with, obstruct the vision of or distract motorists, bicyclists or pedestrians;
(n) Except to the extent expressly preempted by state or federal law, ensure that signs are constructed, installed and maintained in a safe and satisfactory manner, and protect the public from unsafe signs;
(o) Preserve, conserve, protect, and enhance the aesthetic quality and scenic beauty of all districts of the City;
(p) Allow for traffic control devices consistent with national standards and whose purpose is to promote highway safety and efficiency by providing for the orderly movement of road users on streets and highways, and that notify road users of regulations and provide warning and guidance needed for the safe, uniform and efficient operation of all elements of the traffic stream;
(q) Protect property values by precluding to the maximum extent possible sign-types that create a nuisance to the occupancy or use of other properties as a result of their size, height, illumination, brightness, or movement;
(r) Protect property values by ensuring that sign-types, as well as the number of signs, are in harmony with buildings, neighborhoods, and conforming signs in the area; and
(s) Regulate the appearance and design of signs in a manner that promotes and enhances the beautification of the City and that complements the natural surroundings in recognition of this City’s reliance on its natural surroundings and beautification efforts in retaining economic advantage for its resort community, as well as for its commercial properties; and
(t) Enable the fair and consistent enforcement of these sign regulations.
Section 26.2. Definitions.
All words used in this division shall carry their customary dictionary meanings, except that the following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Abandoned or discontinued sign or sign structure means a sign or sign structure is considered abandoned or discontinued when its owner fails to operate or maintain a sign for a period of six months or longer. The following conditions shall be considered as the failure to operate or maintain a sign: (i) a sign displaying advertising for a product or service which is no longer available or displaying advertising for a business which is no longer licensed, or (2) a sign which is blank.
Advertising means sign copy intended to aid, directly or indirectly, in the sale, use or promotion of a product, commodity, service, activity, entertainment, or real or personal property.
Animated sign means a sign which includes action, motion, or color changes, or the optical illusion of action, motion, or color changes, including signs set in motion by movement of the atmosphere, or made up of a series of sections that turn.
Area of ground supports means the total area of a freestanding sign’s structural elements.
Artwork means a two- or three-dimensional representation of a creative idea that is expressed in a form and manner as to provide aesthetic enjoyment for the viewer rather than to specifically convey the name of the business or a commercial message about the products or services offered on the property upon which the artwork is displayed.
Attached sign means a wall sign, an integral roof sign, a window sign, marquee sign or a canopy sign.
Banner means any sign or string of one or more signs, usually made of cloth or other lightweight material, which is used to attract attention, whether or not imprinted with words or characters, including but not limited to balloons and pennants. Flags shall not be considered banners.
Beacon means a stationary or revolving light which flashes or projects illumination, single color or multicolored, in any manner which has the effect of attracting or diverting attention, except, however, this term does not include any kind of lighting device which is required or necessary under the safety regulations of the Federal Aviation Administration or other similar agency. This definition does not apply to any similar type of lighting device contained entirely within a structure and which does not project light to the exterior of the structure.
Billboard means a sign structure and/or sign utilized for advertising an establishment, an activity, a product, service or entertainment, which is sold, produced, manufactured, available or furnished at a place other than on the property on which said sign structure and/or sign is located.
Building frontage means the length of the single face of a building or that portion of a building occupied by a single office, business or enterprise, commonly referred to as “store-front,” which is abutting a street, parking area, or other means of customer access such as an arcade, a mall or a walkway.
Bus stop informational sign means a freestanding or attached noncommercial sign located at a bus stop and providing information as to the route, hours or times of service.
Canopy sign means any sign that is a part of or attached to an awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor service area. A marquee is not a canopy.
Commercial message means any sign wording, logo, or other representation or image that directly or indirectly names, advertises, or calls attention to a product, service, sale or sales event or other commercial activity.
Construction sign means a temporary on-premise sign identifying the ongoing construction activity during the time that a building permit is active and prior to completion of the work for which the permit was issued, containing sign copy is limited to the ongoing construction activity and identifying the contractor and/or any subcontractor engaged to perform construction activity on the site.
Copy means the linguistic or graphic content of a sign.
Double-faced sign means a single sign with items of information relating to the same business on both sides of the sign and mounted as a single structure.
Drive-through menu sign means a sign placed so as to be viewed from a drive-through lane and which contains only a listing of the products, with prices, offered for sale by the business on which the sign is located and which may provide a mechanism for ordering the products while viewing the sign.
Eave mean the lowest horizontal line of a sloping roof.
Election sign means a temporary sign erected or displayed for the purpose of expressing support for or opposition to a candidate or stating a position regarding an issue upon which the voters of the City shall vote.
Erect means to build, construct, attach, hang, place, suspend or affix and includes the painting of wall signs.
Façade means the entire building front.
Flag means any fabric, or bunting containing distinct colors, patterns or symbols, used as an ornamental flag or as a symbol of government, political subdivision, corporation or business or other entity. (See also Ornamental flag.)
Flagpole means a pole on which to raise a flag.
Flashing sign means a sign which permits light to be turned on or off intermittently more frequently than once per minute.
Foot-candle means a unit of measure of luminosity of a surface that is everywhere one foot from a uniform point source of light of one candle and equal to one lumen per square foot.
Footlambert means the centimeter gram second unit of brightness equal to the brightness of a perfectly diffused surface that radiates or reflects one lumen per square centimeter.
Free expression sign means a sign, not in excess of 3 square feet in size (area) and the top of the sign is not more than six feet off the ground, communicating information or views on matters of public policy concern or containing any other noncommercial message, that is otherwise lawful.
Freestanding sign means a sign supported by structures or supports that are placed on or anchored in the ground or at ground level and which are independent of any building or other structure.
Freestanding monument sign means a freestanding sign whose ratio of width of sign to width of support is less than 3 to 1.
Freestanding pole sign means a freestanding sign whose ratio of width of sign to width of support is equal to or greater than 3 to 1.
Frontage means the length of the property line of a parcel of land which runs parallel with and along a road right-of-way or street, exclusive of alleyways.
Garage or yard sale or garage-yard sign means any onsite temporary sign pertaining to the sale of personal property in, at or upon any residentially-zoned property located in the City. Garage or yard sales shall include but not be limited to all such sales, and shall include the advertising of the holding of any such sale, or the offering to make any sale, whether made under any name such as garage sale, lawn sale, yard sale, front yard sale, back yard sale, home sale, attic sale, rummage sale, patio sale, flea market sale, or any similar designation.
Ground level means the finished grade of a parcel of land exclusive of any filling, berming or mounding. Ground level on marina docks or floating structures shall be the finished grade of the landward portion of the adjoining parcel.
Grand opening sign means an on-premise temporary sign announcing the opening of a newly licensed business, that does not exceed sixteen (16) square feet in sign area and that is not displayed for longer than thirty (30) days after the issuance date of the occupational license for the new business.
Height means vertical distance measured from ground level nearest the base of the sign to the highest point on the sign.
Holiday and seasonal decorations mean decorations that pertain to legal or other recognized holidays or to a season of the year.
Illuminated sign means any sign or portion thereof which is illuminated by artificial light, either from an interior or exterior source, including outline, reflective or phosphorescent light, whether or not the source of light is directly affixed as part of the sign.
Integral roof sign means any sign erected or constructed as an integral part of a normal roof structure of any design, such that no part of the sign extends vertically above the highest portion of the roof and such that no part of the sign is separated from the rest of the roof by a space of more than six inches. No integral portion of the roof shall extend more than five feet above the structural roof.
Lot. See definition of Parcel.
Maintenance means the replacing, repairing or repainting of a portion of sign structure, periodically changing changeable copy or renewing copy which has been made unusable by ordinary wear.
Marquee means any permanent roof-like structure projecting beyond a building or extending along and projecting beyond the wall of the building, generally designed and constructed to provide protection from the weather.
Marquee sign means any sign attached to a marquee.
Menu display sign means a fully enclosed or otherwise protected from the elements sign structure, including but not limited to a box, shadow box or cabinet, attached to a wall or freestanding, which is used solely for the purpose of displaying restaurant menus. A menu display may be used for a restaurant without drive-through service and for transient lodging facilities which have restaurant facilities open to the general public in addition to the registered guests. Menu display sign structures shall be limited to one per establishment, having a maximum surface area of not more than 12 square feet, and the zoning districts in which they are permitted.
Multi-tenant development means a development where more than one business may be located, including businesses located above the first floor or otherwise without frontage on a public right-of-way.
Nameplate sign or occupant identification sign means a sign indicating the name and/or profession or address of a person or persons residing on the premises or legally occupying the premises.
Non-commercial message means any message, which is not a commercial message.
Noncommercial on-site directional sign means an on-site sign providing direction or information to pedestrian or vehicular traffic that is related or reasonably necessary to the movement of pedestrian or vehicular traffic on the premises, and not displaying a commercial message, e.g., “entrance,” “exit,” “caution,” “no parking,” “one way only,” “no trespassing,” and the like.
Non-conforming sign means a sign which does not conform with the regulations provided in this division.
Off-premise sign or off-site sign means any sign relating in its subject matter to commodities, accommodations, services or activities on a premises other than the premises on which the sign is located. See also Billboard.
On-premise sign or on-site sign means any sign relating in its subject matter to the commodities, accommodations, service or activities on the premises on which it is located.
Ornamental flag means any fabric or similar material containing patterns, drawings or symbols used for decorative purposes and designed to be flown as a flag.
Parcel means land which has been or which is proposed to be used, developed, or built upon as a unit under single ownership.
Parapet means a false front or wall extension above the roof of a building.
Pennant means any series of small flag-like or streamer-like pieces of cloth, plastic, paper or similar material attached in a row to any staff, cord, building, or at only one or two edges, the remainder hanging loosely.
Permanent sign means any sign which, when installed, is intended for permanent use. For the purposes of this division any sign with an intended use in excess of twelve (12) months from the date of installation shall be deemed a permanent sign.
Portable sign means any sign, banner, or poster that is not permanently attached to the ground or structure. For purposes of this division, a cold air inflatable sign shall be considered to be a portable sign.
Premises means any property owned, leased or controlled by the person actively engaged in business at that location.
Projecting sign means any sign affixed perpendicularly to a building or wall in such a manner that its leading edge extends more than six inches beyond the surface of such building or wall.
Real estate sign means a sign advertising the sale, rental or lease of the premises or part of the premises on which the sign is displayed temporarily.
Revolving sign or rotating sign means any sign that revolves or rotates.
Roof sign means any sign erected and constructed wholly on or over the roof of a building, which is supported by the roof structure, or any sign that extends in whole or in part above the roofline of a building.
Roofline means the highest continuous horizontal line of a roof. On a sloping roof, the roofline is the principal ridgeline or the highest line common to one or more principal slopes of roof. On a flat roof, the roofline is the highest continuous line of a roof or parapet, whichever is higher.
Safety sign. See Warning sign.
Sandwich board sign means a portable double-faced, freestanding sign not exceeding 12 square feet in area that is designed such that it can be displayed during business hours and easily removed at the close of business.
Shopping center means a group of three or more independent commercial establishments owned and operated as a planned unit, with off-street parking provided on the property. A shopping center may include a building or structure owned in fee simple, condominium, cooperative, leasehold or other ownership.
Sight visibility triangle means a triangular shaped portion of land established at street intersections or street and driveway intersections in which nothing is erected, or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection. For street intersections, this triangle is measured 20 feet in length from the intersection along the abutting curb lines to form a triangle; and for driveway intersections, this triangle is measured ten feet from the intersection along the curb line and along the driveway line to form a triangle. [See illustration in Section 6.21.]
Sign means any device, fixture, placard or structure which uses color, form, graphics, illumination, architectural style or design with text, or writing to advertise, attract attention, announce the purpose of, or identify the purpose of any person or entity or to communicate information of any kind to the public. The term “sign” includes sign structure.
Sign area means the total square foot area of sign surface, including all parts thereof devoted to the background, computed by bounding the exterior of the sign structure or surface with a series of straight or curved lines tangent thereto (see illustrative examples in Section 26.3). The area of a sign painted directly on a wall or awning and signs with letters attached directly to walls or awnings shall be calculated by constructing an imaginary series of straight lines or lines formed, bounded or characterized by curves around the outside of all elements of the sign. For a freestanding sign, the sign area shall include the area of ground support.
Sign face means the part of the sign that is or can be used to identify, display, advertise, communicate information, or for the visual representation which attracts or intends to attract the attention of the public for any purpose.
Sign structure mean any structure which is designed specifically for the purpose of supporting a sign, which has supports or which is capable of supporting a sign. The definition shall include any decorative covers, braces, wires, supports, or other components attached to or placed around the sign structure.
Snipe sign means any sign tacked, nailed, posted, pasted, glued or otherwise attached to telephone poles, utility poles, or fences, with the message appearing thereon not applicable to the present use of the premises upon which the sign is located.
Statutory sign means a sign required by any statute of the State of Florida or the United States.
Street address sign means any sign denoting the street address of the premises on which it is attached or located.
Subdivision monument identification sign means a monument sign which contains only the name of a platted subdivision or other residential development.
Temporary sign means a sign intended for a use not permanent in nature. For the purposes of this division, a sign with an intended use of one year or less shall be deemed a temporary sign.
Time and temperature sign means a sign which displays the current time and temperature at intervals no more frequently than once per minute and which contains no other messages. Time and temperature signs are regulated within the zoning districts in which they are allowed.
Traffic control device sign means any sign located within the right-of-way that is used as a traffic control device and that is described and identified in the Manual on Uniform Traffic Control Devices (MUTCD) and approved by the Federal Highway Administrator as the National Standard. A traffic control device sign includes those signs that are classified and defined by their function as regulatory signs (that give notice of traffic laws or regulations), warning signs (that give notice of a situation that might not readily be apparent), and guide signs (that show route designations, directions, distances, services, points of interest, and other geographical, recreational, or cultural information).
Vehicle sign means any sign or signs where the total sign area covers more than ten square feet of the vehicle.
Visibility triangle. See Sight visibility triangle.
Wall sign means a sign which is painted on, fastened to, or erected against the wall of a building with its face in a parallel plane with the plane of the building facade or wall, which is used for advertising.
Warning sign or safety sign means a sign which provides warning of a dangerous condition or situation that might not be readily apparent or that poses a threat of serious injury (e.g., gas line, high voltage, condemned building, etc.) or that provides warning of a violation of law (e.g., no trespassing, no hunting allowed, etc.).
Waterside identification sign means a sign identifying a residential complex, single business property or shopping center and which can be only be viewed from the waters of the Gulf of Mexico, Boca Ciega Bay, the intracoastal waterway or any other navigable waterway.
Window sign means any sign mounted in any fashion on the interior or exterior of the surface of a window.
Wind sign means a sign, which uses objects or material fastened in such a manner as to move upon being subjected to pressure by wind, and shall include banners, pennants, ribbons, spinners, streamers or captive balloons; however, the term wind sign shall not include flags.
Section 26.3. Illustrations of type of signs and methods of measurement.
The following diagrams illustrate the types of signs and methods of measurement. The illustrations will open in a new window.
How to measure sign area
How to measure sign height
Lot frontage
Building Frontage
Abandoned sign
A-frame or sandwich board sign
Animated sign
Attached sign
Construction sign
Directional sign
Integral roof sign
Off-premise sign
Pennants
Portable sign
Projecting sign
Roof sign
Snipe sign
Subdivision sign
Vehicle sign
Wall sign
Warning sign
Window sign
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.
Section 26.11. Sign permit required.
(a) Allowed temporary and allowed permanent signs of the type described in Section 26.26 shall be exempt from sign permitting hereunder.
(b) No sign permit shall be issued for the erection of a prohibited sign.
(c) Unless exempt from permitting, no permanent sign shall be erected, altered, relocated, maintained or displayed until a sign permit is obtained from and appropriate fee paid to the city. All sign permits for permanent signs must be renewed and the appropriate renewal fee paid pursuant to Section 26.13. The sign permit is in addition to any building permit required to be obtained pursuant to the provisions of the Florida Building Code.
(d) A sign lawfully erected under permit may be repainted or have ordinary and customary repairs performed, including replacement of plastic or glass panels, without a new sign permit; however, if such sign is to be structurally altered in any manner, a new sign permit shall be required and the altered sign must meet all requirements of this division and this code.
Section 26.12. Application.
(a) A sign permit application for a permanent sign shall be made upon a form provided by the city. The sign permit application is in addition to any building permit application required by the Florida Building Code. The sign permit application shall be accompanied by plans and specifications drawn to scale, together with any site plan required by Division 5 of the Land Development Code. The applicant shall furnish the following information on or with the sign permit application form:
(1) The legal description of the real property where the sign is proposed to be located.
(2) The zoning district for the real property on which the sign will be located.
(3) The name, mailing address and telephone number (where available) of the owner(s) of the real property where the sign is proposed to be located.
(4) A notarized statement of authorization signed by the owner(s) consenting to the placement of the proposed sign on the real property.
(5) The name, mailing address and telephone number of the sign contractor.
(6) Type of proposed sign (e.g. attached wall sign, freestanding monument sign).
(7) The square footage of the surface area of the proposed sign.
(8) The setbacks for the proposed sign.
(9) The cost of the proposed sign.
(10) If the proposed sign is a freestanding sign:
a. The lot frontage on all adjacent street rights-of-way.
b. The dimensions of the supporting structure.
c. The height of the proposed sign.
(11) If the proposed sign is an attached sign, the building frontage for the building to which the attached sign shall be affixed.
(12) The number, type, location, and surface area for all existing signs on the same lot and/or building on which the sign will be located.
(13) If the proposed sign is to be an illuminated sign, the type, placement, intensity and hours of operation.
(b) An applicant shall deliver a sign permit application for a permanent sign to the City’s Chief Building Official, or such other person as may be designated by the City. The sign permit application shall be reviewed for a determination of whether the proposed sign meets the applicable requirements of this division and any applicable zoning law. The review of the sign permit application shall be completed within ten calendar days, and the application shall be granted or denied within that time frame. In the event that no decision is rendered within ten days following submission, the applicant may appeal to the Development Review Board or the City Commission, as appropriate. Any appeal shall be heard and a decision rendered within the time frames specified in this division for appeals.
Section 26.13. Fees.
(a) Initial application fees. Every person making an initial application for a sign permit shall pay fees to the city at the time of approval of the application. The fees shall be established by resolution of the city commission and shall be as stated in appendix A to this Code. Fees shall be charged for the following:
(1) Sign permit fee of $1.00 per square foot of sign area.
(2) Building permit fee calculated on the cost of construction..
(3) Plan review fee that is based on 50 percent of the building permit fee.
(4) On applications submitted between April 1 and September 30, the sign fee shall be reduced; however, the permit and plan review fees shall be based on the full amount which would have been due prior to April 1.
(b) Annual renewal fee. All sign permits shall be renewed annually. Renewal of fees shall be due and payable on or before October 1 each year. The renewal fee for sign permits shall be as established by resolution of the city commission and are listed in Appendix A to the code. Fees shall be charged as follows:
(1) Per square foot of sign area.
(2) If any sign permit is not renewed on or before October 1 of each year, in accordance with this division, a delinquency penalty shall be charged in the amount of ten percent for the month of October, plus an additional five percent penalty for each month of the delinquency thereafter until the sign permit has been renewed and all fees and penalties are paid to the city. However, a delinquency penalty shall not exceed 25 percent of the renewal fee for a sign permit normally charged for the sign for which the particular permit is required.
(3) Nothing contained in this section shall be construed as to prohibit the city from taking appropriate legal action, including the filing of legal proceedings in a court of competent jurisdiction, to enforce this section. The requirements of this division are not exclusive, and the city shall be entitled to impose a delinquency penalty and also seek a remedy from a court of competent jurisdiction at one and the same time, if it so chooses.
Section 26.14. Conditions.
(a) Duration of permit. Each sign permit shall be valid for a period of one city fiscal year (October 1 through September 30). If the work authorized under a sign permit has not been completed within six months after the date of issuance, the permit shall become null and void and a new application for a sign permit shall be required. However, for just cause, one renewal period of 90 days may be granted.
(b) Maintenance of signs.
(1) All visible portions of a sign and its supporting structure shall be maintained in a safe condition, and neat appearance according to the following:
a. If the sign is lighted, all lights shall be maintained in working order and functioning in a safe manner.
b. If the sign is painted, the painted surface shall be kept in good condition.
c. Every sign shall be kept in such manner as to constitute a complete or whole sign.
(2) Lawfully erected nonconforming signs may suffer only ordinary and customary repairs and maintenance. As provided in Section 26.11, a lawfully-erected non-conforming sign shall not be structurally altered except in full conformance with this division.
Section 26.15. Appeals to Development Review Board.
(a) Whenever it is alleged that there has been an error in any order, action, decision, determination, or requirement by an administrative official in the enforcement and application of any provision contained within this division or any other provision of this Code pertaining to sign permits (including any allegation that an administrative official has failed to act within applicable time frames), the aggrieved party shall file a written appeal with the Development Review Board.
(b) The written appeal shall be filed with the Development Review Board within thirty days of the date of the alleged error. The written appeal shall describe the alleged error and the applicable provisions of the Code pertaining to the administrative official’s order, action, decision, determination, requirement, or failure to act.
(c) The Development Review Board shall hold a hearing within thirty days following receipt of the written appeal.
(d) The Development Review Board shall render a written decision within ten days following the hearing.
(e) The Development Review Board shall comply with all applicable rules of conduct and procedures outlined in Article II of Chapter 22 of the St. Pete Beach Code of Ordinances pertaining to zoning, not inconsistent with the provisions in this section.
(f) In the event that the Development Review Board fails (1) to hold a hearing on the appeal within the time frame set forth herein, or (2) fails to render a decision on the appeal within the time frame set forth herein, the sign permit shall be issued.
Section 26.16 Appellate Decisions Deemed Final, Subject to Common Law Certiorari Review to Circuit Court.
The appellate decisions of the Development Review Board pursuant to Section 26.15, above, shall be deemed final, subject to judicial review by common law certiorari to the circuit court by any aggrieved party.
Section 26.17. Enforcing official.
The City Manager shall be the enforcing official of this division. The enforcing official is charged with the duty of administering this division and securing compliance therewith. Further, the enforcing official shall make such inspection as may be necessary to ensure compliance with this division and shall initiate appropriate action, if any, to enforce the provisions of this division.
Section 26.18 Failure to comply.
If the City Manager finds that any sign has been erected, altered or maintained in violation of this division, the city shall notify the owner of record of the property upon which such sign is located by either certified mail or by hand delivery that such violation exists. The owner shall cause the violation to be remedied or shall file an appeal of the violation within three working days after receipt of the notice. Where it is determined that such illegal sign poses an imminent threat to the health, safety or welfare of the public, the city may cause the immediate removal of the sign by its own action. Cost of such removal shall be paid by the property owner. In addition to removal, the city shall be entitled to proceed with alternative legal or equitable remedies, including injunctive relief.
Section 26.19. Violations and penalties.
(a) The acts enumerated in this section shall be a violation of this division and shall be subject to the enforcement remedies and penalties provided by this division, by other city codes, and by state law. Such remedies may be pursued simultaneously.
(b) It shall be a violation to:
(1) Install, create, erect or maintain any sign in a way that is inconsistent with any approved plan or permit governing such sign or the site on which the sign is located.
(2) Install, create, erect or maintain any sign requiring a permit without having first obtained such permit.
(3) Fail to remove any sign that is installed, created, erected or maintained in violation of this division or for which the sign permit has lapsed.
(4) Install, erect, place, or maintain any sign contrary to the provisions of this division, including any sign or sign structure not allowed within the applicable zoning district.
(5) Continue any such violation.
(c) Each sign installed, created, erected or maintained in violation of this division shall be considered a separate violation, and each day of a continued violation shall be considered a separate violation.
(d) Any violation of this division or any condition or requirement adopted pursuant to this division may be restrained, corrected, or abated, as the case may be, by injunction or other appropriate proceedings pursuant to law. The remedies of the city shall include but not be limited to the following:
(1) Issuing a stop work order for any and all work on any signs on the same site.
(2) Seeking an injunction or other order of restraint or abatement that requires the removal of the sign or the correction of the violation.
(3) For a sign which poses an immediate danger to the public health or safety, taking such measures as are available to the city under the applicable provisions of this division for such circumstances.
(e) A person in violation of this division shall be subject to prosecution and, upon conviction, shall be punished as set forth in Section 1-14 of Chapter 1, St. Pete Beach Code of Ordinances.
Section 26.20. Adoption of zoning regulations.
The boundaries of the various districts shown upon the official zoning map and the regulations of the comprehensive zoning ordinance contained in Land Development Code, governing the use of land and buildings and other matters set forth therein are made part of this division. Except as provided in this division, no sign shall be erected, enlarged, reconstructed or structurally altered which does not comply with all the district regulations established by this division for the zoning district in which it is located.
Section 26.21. Freestanding signs.
(a) Freestanding signs shall be set back at least two feet from any property line.
(b) Freestanding signs shall have a minimum sight clearance from three feet above grade to seven feet above grade when located within ten feet of a public right-of-way.
(c) Freestanding signs shall not be permitted within any required side yard adjacent to property in an RU-1, RU-2, RLM-1 or RLM-2 district or within a required front yard established for protection of a right-of-way corridor.
(d) Freestanding signs shall not be located within any visibility triangle established for the intersections of public streets or the intersections of driveways providing ingress and egress from a property to a public street.
Section 26.22. Setback measurement.
Required setbacks for signs in all zoning districts shall be measured from the property line to the nearest part of the sign.
Section 26.23. Double-faced signs.
Double-faced signs shall be permitted in all zoning districts, provided the signs are designed and constructed such that the two sign faces are back to back and directionally oriented 180 degrees from each other. The maximum sign area allowed shall be permitted for each sign face.
Section 26.24. Illumination.
The following conditions and restrictions shall apply to illuminated signs: Except as hereinafter provided in this section, illuminated signs, or illumination in show windows, display windows, in or upon any building shall have the source of light concealed from view from the exterior of the building or structure, except that where channel letters or figures are used for any sign the illumination thereof may be visible if recessed within the depth of the channel.
Illuminated signs located within five hundred (500) feet of a residential zone, and which are visible from such residential zone shall be turned off not later than 11:00 p.m. each night. No intermittent or flashing illumination will be permitted.
Section 26.25. Time and temperature signs.
Time and temperature signs may be utilized as part of an otherwise allowed freestanding or attached sign in RFM and CG-1 zoning districts; otherwise they are prohibited.
Section 26.26. All districts.
The regulations in this division apply in every zoning district in the city, except where otherwise specified or indicated. Sign permits are not required for signs and sign-types described and identified in this section, below.
(a) Street address signs. For each parcel within the city, one street address sign may be displayed. For parcels in residential use, the street address sign shall not exceed two square feet in sign area. For each parcel in non-residential use, the street address sign shall not exceed six square feet in sign area.
(b) Nameplate signs or occupant identification signs. For each residence, business or other occupancy within the city, one nameplate sign may be displayed. For residences the nameplate or occupant identification signs shall not exceed two square feet in sign area. For any non-residential use, the nameplate or occupant identification sign shall not exceed six square feet in sign area.
(c) Noncommercial onsite directional signs. Noncommercial onsite directional signs, not exceeding four square feet in sign area, shall be allowed on each parcel within the city.
(d) Noncommercial onsite parking space signs. Noncommercial onsite parking space number signs, not exceeding one square foot of sign face per sign, shall be allowed on each parcel in noncommercial use having multiple parking spaces onsite. One such sign shall be allowed for each parking space.
(e) Noncommercial onsite marina slip number signs. Noncommercial onsite marina slip number signs, not exceeding one square foot of sign face per sign, shall be allowed for each marina having marina slips. One such sign shall be allowed for each marina slip.
(f) Free expression signs. For each parcel within the city and for each residential unit within a multifamily residence, one free expression sign not exceeding three square feet in sign area may be displayed. The free expression sign may be displayed as an attached sign or as a freestanding sign; if displayed as a freestanding sign, the free standing sign shall not exceed three feet in height. A free expression sign is in addition to any other sign permitted under this Code and is permitted in any zoning district. Only one such sign shall be permitted on each such parcel or each residential unit. The sign must be located within six feet of a building located on the lot or parcel; or if there is no building on the lot or parcel, the sign must be located at least 15 feet from any street.
(g) Election signs. For each parcel within the city, one election sign for each candidate and each issue may be displayed. An election sign may be displayed as an attached sign or as a freestanding sign. On parcels that are in residential use, the election sign shall not exceed three square feet in sign area; and, if the election sign is displayed as a freestanding sign on the parcel, the election sign shall not exceed three feet in height. On parcels that are in non-residential use, the election sign shall not exceed 12 square feet in sign area; and, if the election sign is displayed as a freestanding sign on the parcel, the election sign shall not exceed six feet in height. Freestanding election signs shall be set back at least three feet behind the sidewalk or, if there is no sidewalk, 10 feet from the edge of pavement. An election sign shall be removed within seven calendar days following the election to which it pertains.
(h) Artwork. Artwork is allowed in all districts.
(i) Flagpoles. One flagpole is allowed for each parcel in the city. Flagpoles in residential districts shall not exceed twenty feet in height, and flagpoles in nonresidential districts shall not exceed thirty feet in height.
(j) Flags. For each detached dwelling unit in a residential district, one flag not greater than fifteen square feet in sign area may be displayed. For each parcel in a multi-family residential district and in a non-residential district, three flags not greater than twenty-four square feet in sign area (each) may be displayed.
(k) Warning signs and safety signs. Warning signs and safety signs, not exceeding four square feet in sign area, shall be allowed in all districts.
(l) Machinery and equipment signs. Machinery and equipment signs shall be allowed in all districts.
(m) Construction signs. One construction sign shall be allowed on each parcel within the city. Construction signs shall not exceed three square feet in sign area for residential properties, and sixteen square feet in sign area for nonresidential properties.
(n) Real estate signs.For each parcel within the city, one real estate sign may be displayed on each parcel of land or part thereof that is for sale, lease, or rent; however, when more than one dwelling unit or non-residential space on a parcel of land is for sale, lease, or rent, there may be one real estate sign for each such unit or space. Real estate signs shall not exceed three square feet in sign area for residential properties, and sixteen square feet in sign area for nonresidential properties. The real estate sign shall be removed immediately upon the sale, lease or rent of the real estate that was offered for sale, lease, or rent.
(o) Temporary garage-yard sale signs. For each parcel with a lawful residential use, one temporary garage-yard sale sign may be displayed. A temporary garage-yard sale sign shall not exceed four square feet in sign area. A temporary garage-yard sale sign may not be displayed for a period longer than two days during any calendar month and shall be removed upon the conclusion of the sale.
(p) Temporary grand opening signs.For each new business or business name change, one temporary grand opening sign shall be permitted for thirty days after the issuance of an occupational license for the new business or the business name change. A temporary grand opening sign shall not exceed twelve square feet in sign area. A temporary grand opening sign may be a temporary covering, such as a toaster cover, sign boot, or sign sock, which covers an existing permitted attached or freestanding sign.
(q) Temporary window signs. For each parcel within the city, one or more temporary window signs may be displayed. On parcels that are in residential use, the temporary window sign(s) shall not exceed an aggregate of three square feet in sign area. On parcels that are in non-residential use, the temporary window sign(s) shall not exceed an aggregate of more than twenty-five percent of any window surface.
(r) Temporary holiday and seasonal decorations. Temporary holiday and seasonal decorations shall be allowed in all districts.
(s) Temporary valet parking station signs. One temporary valet parking station sign no more than four square feet in sign area shall be allowed on each parcel. The temporary valet parking station sign shall only be visible during hours that the valet is operating.
(t) Bus stop information signs. Bus stop informational signs up to three square feet in area shall be allowed in all districts.
Section 26.27. RU-1, RU-2, RLM-1 and RLM-2 Residential Districts.
In addition to the permanent and temporary signs and sign-types that are allowed pursuant to Section 26.26, the following permanent signs are also allowed within RU-1, RU-2, RLM-1 and RLM-2 Residential Districts. The permanent signs described below require a sign permit.
(a) Subdivision monument identification signs. For each platted subdivision or neighborhood entrance within any RU-1, RU-2, RLM-1 and RLM-2 Residential Districts, one subdivision monument identification sign not exceeding six feet in height and twenty-four square feet in sign area shall be allowed.
(b) Freestanding monument signs. For each parcel with a lawful non-residential use within the RU-1, RU-2, RLM-1 and RLM-2 Residential Districts, one freestanding monument sign shall be allowed. The freestanding monument sign shall be subject to the following limitations:
(1) Maximum height. The monument sign shall not exceed six (6) feet in height.
(2) Maximum size. The monument sign shall not exceed 18 square feet in sign area.
However, in the event that the parcel is greater than one acre in size and has two street frontages, two freestanding monument signs shall be allowed, but each freestanding monument sign shall be subject to the maximum height and maximum size criteria described above.
(c) Attached signs. For each parcel with a lawful non-residential use within the RU-1, RU-2, RLM-1 and RLM-2 Residential Districts, one attached sign shall be allowed. The attached sign shall be subject to the following limitations:
(1) Maximum size. An attached sign shall not exceed six (6) square feet in sign area.
(2) Height restrictions. An attached sign may not appear above the first floor of a building.
Section 26.28. RM Residential District.
In addition to the permanent and temporary signs and sign-types that are allowed pursuant to Section 26.26, the following permanent signs are also allowed within RM Residential District. The permanent signs described below require a sign permit.
(a) Subdivision monument identification signs. For each platted subdivision or neighborhood entrance within any RM Residential District, one subdivision monument identification sign not exceeding six feet in height and twenty-four square feet in sign area shall be allowed.
(b) Freestanding monument signs. For each parcel with a lawful non-residential use within the RM Residential District, one freestanding monument sign shall be allowed. The freestanding monument sign shall be subject to the following limitations:
(1) Maximum height. The monument sign shall not exceed eight (8) feet in height.
(2) Maximum size. The monument sign shall not exceed 24 square feet in sign area.
However, in the event that the parcel is greater than one acre in size and has two street frontages, two freestanding monument signs shall be allowed, but each freestanding monument sign shall be subject to the maximum height and maximum size criteria described above.
(c) Attached signs. For each parcel with a lawful non-residential use within the RM districts, one attached sign shall be allowed. The attached sign shall be subject to the following limitations:
(1) Maximum size. An attached sign shall not have a sign area that exceeds (a) 8 square feet or (b) one square foot for each linear foot of building frontage, whichever is less.
(2) Height restrictions. An attached sign may not appear above the first floor of a building.
Section 26.29. ROR Residential/Office/Retail District.
In addition to the permanent and temporary signs and sign-types that are allowed pursuant to Section 26.26, the following permanent signs are also allowed within ROR Residential/Office/ Retail District. The permanent signs described below require a sign permit.
(a) Subdivision monument identification signs. For each platted subdivision or neighborhood entrance within any ROR Residential/Office/Retail District, one subdivision monument identification sign not exceeding six feet in height and twenty-four square feet in sign area shall be allowed.
(b) Freestanding monument signs. For each parcel with a lawful non-residential use within the ROR Residential/Office/Retail District, one freestanding monument sign shall be allowed. The freestanding monument sign shall be subject to the following limitations:
(1) Maximum height. The monument sign shall not exceed 10 feet in height.
(2) Maximum size. The monument sign shall not exceed 40 square feet in sign area.
However, in the event that the parcel is greater than one acre in size and has two street frontages, two freestanding monument signs shall be allowed, but each freestanding monument sign shall be subject to the maximum height and maximum size criteria described above.
(c) Freestanding pole signs. In lieu of one freestanding monument sign, each parcel with a lawful non-residential use within the ROR Residential/Office/ Retail District is allowed one freestanding pole sign. The freestanding pole sign shall be subject to the following limitations:
(1) Maximum height. The pole sign shall not exceed 20 feet in height.
(2) Maximum size. The pole sign shall not exceed 1 square feet in sign area for each linear foot of street frontage, subject to a maximum sign area of no more than 40 square feet.
(3) Setback. The pole sign shall be set back at least ten feet from the property line.
(d) Attached signs. For each parcel with a lawful non-residential use within the ROR Residential/Office/Retail District, attached signs shall be allowed. Attached signs shall be subject to the following limitations:
(1) Maximum number. Up to three attached signs having a combined sign area not exceeding the maximum permitted in paragraph (d)(2) shall be allowed; however, in the event the parcel contains a multi-tenant development, each individual business use may have one attached sign.
(2) Maximum size. An attached sign shall not have a sign area that exceeds one square foot for each linear foot of building frontage.
(3) Height restrictions. An attached sign may not appear above the first floor of a building.
(4) Notwithstanding the provisions of paragraph (3) above, lawful non-residential uses located above the first floor may have one wall or canopy sign on the second floor with the specific approval of the City Manager.
Section 26.30. RFM Resort Facilities Medium District.
In addition to the permanent and temporary signs and sign-types that are allowed pursuant to Section 26.26, the following permanent signs and temporary signs are also allowed within RFM Resort Facilities Medium District. The permanent signs described below require a sign permit.
(a) Freestanding monument signs. For each parcel with a lawful non-residential use within any RFM Resort Facilities Medium District, one freestanding monument sign shall be allowed. The freestanding monument sign shall be subject to the following limitations:
(1) Maximum height. The monument sign shall not exceed 20 feet in height.
(2) Maximum size. The monument sign shall not exceed 135 square feet in sign area.
However, in the event that the parcel is greater than one acre in size and has two street frontages or more than 400 feet along one street frontage, two freestanding monument signs shall be allowed, but each freestanding monument sign shall be subject to the maximum height and maximum size criteria described above.
(b) Freestanding pole signs. In lieu of one freestanding monument sign, each parcel with a lawful non-residential use within the RFM Resort Facilities Medium District is allowed one freestanding pole sign. The freestanding pole sign shall be subject to the following limitations:
(1) Maximum height. The pole sign shall not exceed 35 feet in height.
(2) Maximum size. The pole sign shall not exceed 1 square feet in sign area for each linear foot of street frontage, subject to a maximum sign area of no more than 135 square feet.
(3) Setback. The pole sign shall be set back at least ten feet from the property line.
(c) Attached signs. For each parcel with a lawful non-residential use within the RFM Resort Facilities Medium District, attached signs shall be allowed. Attached signs shall be subject to the following limitations:
(1) Maximum number. Up to three attached signs shall be allowed with a combined sign area not exceeding the maximum permitted in paragraph (c)(2); however, in the event the parcel contains a multi-tenant development, each individual business use may have one attached sign.
(2) Maximum size. An attached sign shall not have a sign area that exceeds one square foot for each linear foot of building frontage.
(3) Height restrictions. An attached sign may not appear above the first floor of a building.
(d) Drive-thru menu signs. For each parcel with a lawful non-residential use that utilizes a drive-through lane within RFM Resort Facilities Medium District, one drive-through menu sign shall be allowed for each drive-thru lane. An allowed drive-thru menu sign may be either a free-standing sign or an attached sign, and shall not exceed 40 square feet in sign area and ten feet in height. Drive-thru menu signs shall be in addition to the freestanding and attached signage otherwise allowed pursuant to the other provisions of this division.
(e) Attached menu display signs. For each parcel within RFM Resort Facilities Medium District with (a) a restaurant without drive-through service or (b) with a transient lodging facility that has restaurant facilities open to the general public, one attached menu display sign shall be allowed. An attached menu display sign shall be a wall sign not exceeding 12 square feet in sign area. An attached menu display sign shall be in addition to the freestanding and attached signage otherwise allowed pursuant to the other provisions of this division.
(f) Theater signs. For each parcel with a theater within RFM Resort Facilities Medium District, one attached theater sign shall be allowed. An attached theater sign shall be a wall sign not exceeding fifteen square feet in sign area for each auditorium within the theater, subject to a maximum limit of sixty-four square feet in sign area. An attached theater sign shall be in addition to the freestanding and attached signage otherwise allowed pursuant to the other provisions of this division.
(g) Waterside identification signs. For each parcel within RFM Resort Facilities Medium District with a residential complex, business property or shopping center theater that can only be viewed from a navigable waterway, one waterside identification sign shall be allowed. A waterside identification sign may be either a free-standing sign or an attached sign. A waterside identification sign shall not exceed eight feet in height and shall not exceed twenty square feet in sign area. A waterside identification sign shall be in addition to the freestanding and attached signage otherwise allowed pursuant to the other provisions of this division.
(h) Boat or beach concession signs. Each licensed boat or beach concession rental business operating along the Gulf of Mexico and on the site of a business having Gulf frontage may be permitted signs as follows:
(1) Permission required. The applicant shall provide the city with a letter, granting approval for placement of the signs, from the owner of the real property upon which signs are to be located prior to the issuance of a permit.
(2) Advertising permitted. Signs at boat or beach concession rental business licensed sites shall only provide descriptions of the specific activities and services offered at the site where the sign is located. Such signs shall not be permitted to advertise or imply the availability of any activities or services that are not specifically available at the site.
(3) Lighted signs shall be prohibited.
(4) Sandwich board signs. Operators may display sandwich board sign on the sandy beach during the hours of business operation in accordance with subparagraphs (i) through (iv) below. Such signs shall be removed from the beach when the business is closed.
(i) Maximum area: 12 square feet per face
(ii) Number permitted: One
(iii) Maximum height: Five feet
(iv) Setbacks: 40 feet from the water's edge
(5) Tiki hut or ticket office signs. Operators may display signs on the tiki huts or ticket offices as follows:
(i) Maximum area: Eight square feet per face
(ii) Number permitted: Three per tiki hut; not more than two on one side
(iii) Location: Signs may be attached to or painted on the sides of the tiki hut at a point no higher than four feet above the ground, provided however, that one of the signs may be raised and attached at a point on the side of the tiki hut just below the eave of the roof.
(6) Operators without a tiki hut or ticket office. Licensed board or beach concession rental businesses that do not use a tiki hut or other structure for their businesses shall be permitted to keep one sandwich board sign on the beach overnight, provided such sign is no larger than eight square feet in area per face and is located or protected so as to not be a hazard to people walking on the beach after dark.
