§ 11.02.01. Specifically prohibited signs.

The following signs are expressly prohibited:

1.

Signs that are in violation of the building or electrical codes.

2.

Any sign declared by the town manager/clerk to be an immediate threat to the public health, safety or welfare by reason of an unsafe condition.

3.

Signs that obstruct the vision of pedestrians, cyclists or motorists traveling on or entering public or private streets or signs within the visibility triangle (see section 8.03.05 of this Code). Any sign in the clear visibility triangle cannot be higher than two feet or lower than ten feet, and the support structure of which can be no wider than ten inches.

4.

Signs tacked, nailed, posted, pasted, glued, or otherwise attached to trees, utility poles or fences, except temporary construction fences.

5.

Signs that emit audible sound, odor, or visible matter such as smoke or steam.

6.

Flashing lights or signs with lights or illumination that flash, move, rotate, scintillate, blink, flicker, or vary in intensity or color, provided that this paragraph shall not prohibit a sign with a fixed or changing display composed of a series of lights or images that may be changed through electronic means, provided further that said display may not change more than once every ten seconds.

7.

Strings of light bulbs when mounted to extend beyond the front or side wall of any commercial building. Strings of lights used for holiday decorations or used to enhance landscaping or used in outdoor dining areas permitted by the Town are allowed.

8.

Signs, commonly referred to as wind signs, consisting of one or more banners, pennants, ribbons, spinners, streamers or captive balloons, or other objects or material fastened in such a manner as to move upon being subjected to pressure by wind, except for flags.

9.

Signs that incorporate projected images emit sound that is intended to attract attention, or involve the use of live animals.

10.

Signs with visible moving, revolving, or rotating parts or visible mechanical movement of any description or other apparent visible movement achieved by electrical, or mechanical means, except for barber poles.

11.

Signs with optical illusion of movement by means of a design that presents a pattern capable of giving the illusion of motion.

12.

Portable signs.

13.

Abandoned or discontinued signs. In determining whether a sign is abandoned or discontinued criteria which include the following shall be considered: Whether the sign identifies correct directions to, location of, or description of the goods or services available on the premises where the sign is located; the existence or absence of a current occupational license for the premises where the sign is located; whether utility service is being provided to the premises where the sign is located; the use of the premises where the sign is located; the condition of the sign; whether ad valorem property taxes have been paid on the premises where the sign is located or on the sign itself; any other or circumstances which would indicate whether the owner of the sign has intentionally or voluntarily relinquished further use of the sign.

14.

Signs or sign structures that interfere in any way with the free use of any fire escape, emergency exit, or standpipe, or that obstruct any window to such an extent that the light or ventilation is reduced to a point below that required by any provision of this Code or other ordinances of the town or any life safety code.

15.

Signs that resemble any official sign or marker erected by any governmental agency, or that by reason of position, shape, or color, would conflict with the proper functioning of any traffic sign or signal, or be of a size, location, movement, content, color, or illumination that may be reasonably confused with or construed as, or conceal, a traffic control device.

16.

Signs that are of such intensity or brilliance as to cause glare or impair the vision of any motorist, cyclist, or pedestrian using or entering a public way, or that are a hazard or a nuisance to any property because of glare or other physical characteristics.

17.

Searchlights when used for other than public safety purposes by governmental agencies having jurisdiction.

18.

Signs that are painted, pasted, or printed on any curbstone, flagstone, pavement, or any portion of any sidewalk or street, except house numbers, street addresses, signs or markings indicating parking spaces or no parking areas, including fire safety zones, and traffic control signs.

19.

Signs placed upon benches, bus shelters or waste receptacles, except as may be authorized in writing pursuant to F.S. § 337.407, and except for signs authorized by the entity responsible for any bench, bus shelter or waste receptacle.

20.

Signs erected over or across any public street except as may be authorized by this Code or the town council, and except as provided in section 11.01.00 hereof.

21.

Vehicle signs with 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. A vehicle used solely for advertising, shall not be considered a vehicle used in the conduct of the business.

22.

Obscene signs.

23.

Roof signs that extend above the peak of the roof where the sign is located.

24.

Off-premises signs. No off-premises sign (other than those signs which have already received town and FDOT permits for construction or that may be authorized in the future by the town council) shall be constructed or erected after adoption of this Code, nor shall any existing off-premises sign be permitted to increase in sign face area or height, or change configuration or structure. Any such change or alteration is unlawful, constitutes a nuisance and shall be removed immediately at the expense of the owner thereof. In the event the owner fails to remove the off-premises sign within 30 days after being notified to do so by the town manager/clerk, the town may remove such sign at the owner's expense, or may apply to any court having jurisdiction for such relief as may be appropriate to facilitate the removal of the sign and for such other and further relief as the town may be entitled, or may take such other and further action as may be provided by law or equity.

(LDC Ord. of 1-9-2014)