Chapter 326 - SIGNS AND OUTDOOR DISPLAY STRUCTURES

Sec. 325.102. - Supplying electricity. Chapter 327 - SUSTAINABLE BUILDING PROGRAM Chapter 326 - SIGNS AND OUTDOOR DISPLAY STRUCTURES[1]

Footnotes: --- (1) ---

Charter reference— Offsite commercial billboard ban, Art. 23.

Cross reference— Sign regulations, § 656.1301 et seq.

State Law reference— Display of signs resembling traffic devices, F.S. § 316.077; outdoor advertisers, F.S. Ch. 479; local outdoor advertising or sign ordinances, F.S. § 479.155.

State rule references—Highway beautification program, F.A.C. Ch. 14-10; regulation of signs, canopies over streets and sidewalks, F.A.C. Ch. 14-43.

PART 1. - GENERAL REGULATIONS

Sec. 326.101. - Installation standards.

Signs and outdoor display structures shall be designed, installed and maintained in accordance with the provisions of The Florida Building Code and this Chapter.

(Ord. 71-342-174; Ord. 79-1228-699, § 1; Ord. 83-591-400, § 1; Ord. 85-1201-663, § 6; Ord. 2001-1160-E, § 12)

Note— Former § 900-1600.1; § 334.101.

Sec. 326.102. - Definitions.

For the purposes of this Chapter, the following terms and words shall have the following meanings:

(a)

Animated sign means a sign with motion, action or flashing or other light or color changes which is activated by mechanical, electrical or other non-natural means. However, this term does not include changing message devices or wind-activated elements such as flags, pennants, or banner signs.

(b)

Banner sign means a sign made of canvas or other approved flexible materials with or without a structural frame and attached to a building, canopy, pole or other structure.

(c)

Changing message device means any sign with fixed boundaries, frames or edges visible from a public right-of-way or approved private street that either:

(1)

Displays a verbal or numerical message that scrolls from left to right, for no more than eight seconds with an eight second break between messages, with all other portions of the sign static and unchanging, or

(2)

Changes electronically under the following conditions:

(i)

The entire portion of the sign that can change shall be static and unchanging for at least eight seconds.

(ii)

The time to completely change the entire portion of the sign that can change is a maximum of one second.

(iii)

The change shall occur simultaneously for the entire portion of the sign that can change; and

(iv)

There shall be a default design that will ensure no flashing, intermittent message or any other apparent movement that is displayed should a malfunction occur.

(d)

Construction sign means a temporary sign erected or placed on premises on which construction is taking place during the period of such construction indicating the names of owners, architects, engineers, landscape architects, contractors, artisans, financial supporters, or others having a role or interest with respect to the structure or project.

(e)

Directional or directing sign means an on-premise incidental sign designed to guide or direct pedestrian or vehicular traffic for information only. Such signs shall not contain any form of advertisement, except for identifying logos, and shall not be included in calculating the maximum area or the number of signs under this Chapter or Chapters 320 and 656.

(f)

Double-faced sign means a sign with two surfaces against, upon or through which a message is displayed. A double-faced sign shall have both surfaces parallel to each other and must be constructed, tied or otherwise fastened together into an integral unit with no visible air space between the surfaces.

(g)

Eaves means the lowest horizontal line of a sloping roof.

(h)

Free standing sign or ground sign means a sign which is supported by one or more poles, pylons, columns, uprights or braces in or upon the ground and is not attached to a building or structure.

(i)

Illuminated sign means a sign in which internal or indirect continuous lighting is maintained by one or more lights in a stationary condition which remain constant in intensity and color at all times when such sign is illuminated.

(j)

Indirect lighting means the illumination of a sign by a light source that is not a component part of the sign.

(k)

Mobile sign means any sign not exceeding a maximum of 32 square feet in area for each display face, not exceeding ten feet in height to the top thereof above the surrounding ground level and specifically designed to be of a temporary nature and capable of being transported to various locations. The subject matter of the sign shall be exclusively related in its content to the use of the lot on which it is located or to offices, products, accommodations, services available or activities sold, produced, available or conducted on the lot on which the sign is located. Mobile signs shall not be animated, flashing or revolving, but may be illuminated.

(l)

Occupancy frontage means the length of that portion of a building occupied by a single office, business or enterprise abutting a street, alley, parking area, or other means of customer access such as an arcade, mall, or walkway.

(m)

Off-site sign means any combination of structure and message in the form of an outdoor sign, display, device, figure, painting, drawing, message, placard, poster, billboard, advertising structure, advertising logos, symbol or other form, whether placed individually on or a V-type, back-to-back, side-to-side, stacked or double-faced display, designed, intended or used to advertise or inform, any part of the advertising message or informative contents of which is visible from any place on the main or traveled way and which sign relates in its subject matter to offices, products, accommodations, services or activities which are sold, produced, available, conducted or rendered at locations other than on the premises where the sign is located. The term does not include an official traffic control sign, official marker, specific information panel erected, or other form of public information caused to be erected or approved by any government upon its property or right-of-way.

(n)

On-site sign means any sign which advertisement is exclusively related in its subject matter to the use of the premises on which it is located or to offices, products, accommodations, services or activities sold, produced, provided, available or conducted on the premises where the sign is located.

(o)

Projecting sign means a sign which is erected or supported on the wall of a building or other structure and projects from it. Signs which extend into or over public space or street rights-of-way, including roof signs, shall be considered as projecting signs.

(p)

Real estate sign means a temporary sign advertising the real estate upon which the sign is located as being for sale or rent.

(q)

Roof line means the highest continuous horizontal line of a roof. On a sloping roof, the roof line is the principal ridge line, or the highest line common to the principal slope or slopes of the roof. On a flat roof, the roof line is the highest continuous line of the roof or parapet, whichever is higher.

(r)

Roof sign means a sign erected, constructed or maintained on the roof of a building or structure above the eaves, or above mansards, parapets, or other similar architectural features of buildings or structures which are capable of supporting signs.

(s)

Sign means any structure or device which is placed, erected, constructed or maintained on or in the ground or outside of an enclosed building or other object or structure or affixed or painted on or inside an exterior window of a building for the purpose of display, information, advertisement or attraction of the attention of persons, including posters, pictures, pictorial or reading matter and a letter, word, model, device or representation used in the nature of an advertisement, announcement, attraction or direction.

(t)

Sign area computation means the method by which the area of each surface of a sign is computed. For signs with fixed boundaries, frames or edges, it shall be computed by calculating the area within and including the exterior boundaries, frames or edges enclosing the letters or graphic matter which composes each sign surface. For signs with no fixed boundaries, frames or edges, such as where a sign is composed of separate letters which are placed or painted upon or against a building or upon or through a window or other similar surface not designed, framed or edged specifically for sign presentation, the sign area shall be computed on the basis of the smallest regular geometric shape, such as a triangle, rectangle, square or circle encompassing the outermost exteriors of the outermost individual letters, words or numbers which yields the least total square footage of area. Computation of sign area shall include border trim.

(u)

Street frontage means the property line of a lot abutting the right-of-way line of public or approved private streets, excluding alleys to which such property has the legal right of access.

(v)

Temporary embellishment means an embellishment placed on the facing of a sign for a period not to exceed six months.

(w)

Under canopy sign means a sign suspended beneath a canopy, ceiling, roof or marquee.

(x)

Wall sign means a sign attached to and parallel with a wall, including signs printed or painted on walls.

(y)

Awning sign means an awning with lettering placed on the canvas, or other approved flexible material, with a structural frame that is attached to a building. The awning sign shall not be placed above the roof elevation of a single story building or above the second floor of a multi-story building. An awning sign shall not be wind activated, or inflatable, such as a balloon.

(Ord. 71-342-174; Ord. 71-700-400, § 3; Ord. 72-1206-631, § 2; Ord. 77-315-634, § 1; Ord. 83-591-400, § 1; Ord. 83-1249-615, § 1; Ord. 85-1201-663, § 6; Ord. 86-1523-871, § 2; Ord. 92-1768-1444, § 3; Ord. 2010-900-E, § 1)

Note— Former § 900-1600.2; § 334.102.

Sec. 326.103. - Exemptions.

This Chapter shall not apply to the following signs:

(a)

Signs not exceeding one square foot in area and bearing only property numbers, post box numbers, names of occupants of premises or other identification of premises not having commercial connotations.

(b)

Legal notices or identification, informational or directional signs erected or required by governmental bodies.

(c)

Integral decorative or architectural features of buildings, except letters, trademarks, moving parts or moving lights.

(d)

On-premises incidental directional or directing signs designated to guide or direct pedestrian or vehicular traffic for information only, which shall not contain any form of advertisement, provided such signs do not exceed two square feet in size.

(e)

Signs which do not exceed four square feet.

(f)

Signs erected pursuant to Sections 656.1306 and 656.1307.

(g)

Poster signs erected behind glass windows or signs painted on glass windows.

(h)

Signs painted or attached to trucks or other vehicles for identification purposes.

(i)

Signs posted on electric poles or light standards maintained by the JEA and advertising events in publicly-owned facilities or holiday decorations, the posting of which on the poles is approved by Council resolution; provided, that the construction and installation of the signs or decorations has been approved by the Managing Director of the JEA.

(j)

Historical markers erected by duly authorized public authorities.

(k)

Signs erected upon property warning the public against hunting, fishing or trespassing thereon; provided, that no such sign shall exceed two square feet in area.

(l)

Signs being fabricated, manufactured or constructed off the site on which they are to be located.

(m)

Signs located on property owned or leased by a federal, or State or local government or signs used in connection with any event sponsored or authorized by a federal, State or local governmental entity.

(n)

Signs located on machinery or equipment which advertise products sold therein.

(o)

Signs erected at athletic fields at schools and amateur athletic association fields (whether on public or private property) to recognize sponsors providing contributions of money, goods or services to the school or amateur athletic association; provided, however, that the signs shall be erected so as to face and be oriented toward the interior of the athletic field, attached to the perimeter fencing of the field's boundaries, but shall not extend above the top of the fencing, and painted black, green, white or other appropriate color to coordinate with the fence on the back portion of the sign. These signs shall not exceed 25 square feet in area for each sign and the number of signs will be limited by the length of the boundary fence around the field. No sign erected pursuant to this exemption shall advertise or promote alcohol or tobacco products.

(p)

Signs on transit shelters located on public rights-of way, publicly owned property, or privately owned property, all subject to Section 326.108 (Zoning Limitations on Signs).

In the event that any portion of this Section, including any exception contained herein, is declared invalid, unenforceable, unconstitutional or void, or is permanently enjoined, or if the existence of any provision of this Section would result in any other portion of this Chapter or Chapter 656 or Article 23 of the Charter being held to be invalid, unenforceable, unconstitutional or void, and the court does not sever such invalid portion of this Section, then the invalid portion of this Section is repealed and invalid and thereafter no signs of the type included within the exemption shall be erected without compliance with the remainder of this Chapter and this Ordinance Code. It is the specific intent that the invalidity of any portion of this Section shall not affect any other Section, subsection, paragraph, subparagraph, sentence, phrase, clause or word of this Chapter, Chapter 656, Article 23 of the Charter, or this Ordinance Code.

(Ord. 71-342-174; Ord. 73-1175-622, § 1; Ord. 83-591-400, § 1; Ord. 85-1201-663, § 6; Ord. 86-1523-871, § 3; Ord. 93-174-1054, § 14; Ord. 1999-833-E, § 2; Ord. 2009-401-E, § 1)

Note— Former § 900-1600.3; § 334.103.

Sec. 326.104. - Unlawful sign structures.

It shall be unlawful and a violation of this Building Code to erect, alter or maintain a sign which:

(a)

Does not meet all requirements of this Building Code, including the issuance of a permit therefor.

(b)

Is tacked, tied or pasted to a hydrant, tree, lamppost, telephone, telegraph or electric utility pole, fence or building.

(c)

Is hung or supported from another sign and is not built as an integral part thereof.

(d)

Is placed in a public space or street right-of-way, except as provided in Section 326.103(p), and subdivision identification signs may be installed under the provisions of Sections 746.107 and 656.1308.

(e)

Is of a temporary nature not permanently anchored to the ground or other structure, such as A-frame signs or portable signs, but not including mobile signs as provided in Section 326.208.

(f)

Contains lighting which includes illuminations that produce glare to vehicular traffic or electric incandescent bulbs with a rating exceeding 40 percent of the lumen output of a 100-watt clear bulb, with the lighting located less than 20 feet above the ground surface.

(g)

Contains illumination or electrical lighting, either of which pulsates, flashes, flickers, alternates or otherwise changes intensity, where the lighting or illumination is located within ten feet of a street right-of-way.

(h)

Consist of streamers, ribbons, pennants, or wind activated devices which encompass an area or areas, singularly or in the aggregate, greater than 25 square feet.

(Ord. 71-342-174; Ord. 71-700-400, § 4; Ord. 72-1206-631, § 3; Ord. 74-1196-540, § 1; Ord. 82-421-174, § 2; Ord. 83-591-400, § 1; Ord. 85-1201-663, § 6; Ord. 92-264-286, § 2; Ord. 93-174-1054, § 15; Ord. 2009-401-E, § 1)

Editor's note— Section 3 of Ord. 80-611-278 waived the provisions of this Section for the purposes of the "Neighborhood Watch Program" authorized by § 1 of Ord. 80-611-278.

Note— Former § 900-1601; § 334.104.

Sec. 326.105. - Permit required.

It shall be unlawful to erect, enlarge, rebuild or structurally alter a sign without first obtaining a permit therefor in accordance with Part 4, Chapter 320.

(Ord. 71-342-174; Ord. 83-591-400, § 1; Ord. 85-1201-663, § 6)

Editor's note— Section 3 of Ord. 80-611-278 waived the provisions of this Section for the purposes of the "Neighborhood Watch Program" authorized by § 1 of Ord. 80-611-278.

Section 15 of Ord. 85-1201-663 provides as follows "A permit issued prior to the effective date of this ordinance (October 31, 1985) shall be valid as provided by the terms of the code under which it was issued."

Note— Former § 900-1602.1; § 334.105.

Sec. 326.106. - Bond required.

Except where the applicant is the owner and the proposed sign is not illuminated and does not exceed 32 square feet in area or eight feet in overall height above the ground, an applicant for a sign permit shall file with the Building Inspection Division a bond in the amount of $5,000 prior to the issuance of the permit. The bond shall be in a form approved by the Office of General Counsel and shall be issued by a surety company licensed to do business in the State. The bond shall be payable to the City and conditioned as follows:

(a)

That the principal and his agent and employees will faithfully observe the requirements of this Chapter and all laws of the City pertaining to the subject matter hereof and all rules and regulations established pursuant thereto and that all sign work done under the bond shall be executed in a good and workmanlike manner.

(b)

To indemnify and save the City harmless from all liability, damage or loss which any person may suffer either in person or property or of any character whatsoever caused by or arising from, in or about the doing of the work referred to in this Chapter in the City by the principal or his agent, servants or employees.

(c)

That a person injured in person or property by reason of a violation of this Chapter or the rules or regulations made hereunder or by reason of a breach of the bond may maintain a suit or action thereof for the injuries and that several recoveries may be had up to the principal sum of the bond, but in no case shall the surety company be liable in excess of the principal sum of the bond.

(d)

That it shall be a condition precedent to a right of action under the bond by a person that, during the effective period of the bond or within the period of one year after termination of the bond, the person shall give to the surety and the principal thereon written notice of the claim upon which the suit is predicated.

(e)

That the surety company on the bond shall not be liable for a claim with reference to a sign which has been approved by the Building Inspection Division and after the sign shall have been installed for a period of twelve months following the approval. In the event a claim which is valid in the opinion of the Office of General Counsel shall be filed against any of the bonds, the principal of each of the bonds shall be immediately required to file with the Building Inspection Division additional bonds in sums necessary to complete the full penal sum at all times as provided above.

(Ord. 71-342-174; Ord. 75-522-274, § 1; Ord. 83-591-400, § 1; Ord. 85-1201-663, § 6; Ord. 98-673-E, § 5)

Editor's note— Section 3 of Ord. 80-611-278 waived the provisions of this Section for the purposes of the "Neighborhood Watch Program" authorized by § 1 of Ord. 80-611-278.

Note— Former § 900-1602.2; § 334.106.

Sec. 326.107. - Maintenance.

(a)

Signs shall be maintained in good repair at all times by their owners, lessors, or other users jointly and severally, and, where signs become unsafe due to lack of maintenance, or are otherwise improperly maintained as required by this Section, the Building Official may order their repair hereunder or removal under Section 320.413. Signs shall be plainly marked with the name of the person erecting and maintaining them. Maintenance required hereunder shall include, at a minimum:

(1)

Keeping exposed surfaces clean enough so as not to obscure to the public all or any substantial portion of the message the sign is intended to convey;

(2)

Keeping well enough painted any painted portions of such signs so as to prevent chipping, peeling or flaking of paint which is plainly visible to the public on all or any substantial portion of the sign;

(3)

Replacing promptly any missing, torn or defective parts or portions of such signs which are plainly visible to the public including, but not limited to:

(i)

Significantly deteriorated poles, pylons, columns, uprights and braces which, if not fixed, could foreseeably pose a reasonable danger presently or in the reasonably foreseeable future to the public or to the structural integrity of the sign;

(ii)

Broken or burned-out light bulbs which are part of the indirect lighting or illumination system of a sign; and

(iii)

All or any portion of the sign facing, lettering or numbering which substantially detracts from the message the sign is intended to convey.

(b)

For purposes of this Section:

(1)

Plainly visible means visible to the naked eye of a person with normal vision, unaided by any artificial amplification devices such as binoculars or telescopes (excepting only corrective prescription glasses or contact lenses), from a street, right-of-way, walkway or other pathway from which the sign is intended to be viewed by the public, given its location, upon viewing the sign for the period of time reasonably necessary for persons of average intelligence and reading skills to perceive, read and comprehend the design or message it contains.

(2)

Substantial portion means any part of a sign which is plainly visible, as defined above, to the public or to inspectors of the Division which is prominent enough in color, size, content or location on a sign to be an integral part of the design or content of the message the sign is intended to convey, and which, if not properly maintained as required in this Part, materially detracts from or interferes with either the design or content of the message of such sign, or with the aesthetic and visual image the sign was designed to evoke, when originally constructed or placed.

(c)

Any person who fails to comply with the maintenance requirements of this Part within 30 days of receipt by hand delivery or regular or certified mail of a notice of noncompliance from the Division shall be fined $75 as provided by law, which fine shall be paid into the Sign Enforcement Fund under Section 110.340, for each day the subject sign remains in noncompliance, and the permits issued for such improperly maintained sign(s) shall promptly be revoked, and the signs removed in accordance with the procedures of Section 320.413. In addition, if the fine herein imposed or the costs of removal, if any, are not paid within the times required by law, there shall be imposed against the sign and the real property on which it is located a lien in accordance with the provisions of Section 326.208 and all remedies available thereunder may be utilized by the Division in addition to such other remedies as are authorized by law.

(Ord. 71-342-174; Ord. 83-591-400, § 1; Ord. 85-1201-663, § 6; Ord. 86-1523-663, § 4; Ord. 2001-1160-E, § 13)

Editor's note— Section 3 of Ord. 80-611-278 waived the provisions of this Section for the purposes of the "Neighborhood Watch Program" authorized by § 1 of Ord. 80-611-278.

Note— Former § 900-1602.3; § 334.107.

Sec. 326.108. - Zoning limitations on signs.

No sign shall be erected, constructed or maintained which does not conform to the use regulations and other provisions of the Zoning Code.

(Ord. 71-342-174; Ord. 83-591-400, § 1; Ord. 85-1201-663, § 6)

Editor's note— Section 3 of Ord. 80-611-278 waived the provisions of this Section for the purposes of the "Neighborhood Watch Program" authorized by § 1 of Ord. 80-611-278.

Note— Former § 900-1603; § 334.108.

PART 2. - CONSTRUCTION REGULATIONS

Sec. 326.201. - General requirements.

Where applicable, the construction of signs shall conform to the following requirements:

(a)

No sign shall be installed or erected so as to cover the doors or windows of a building, be constructed in such a manner as to obstruct a fire escape or an access thereto or be attached to a fire escape, exterior stair or other means of egress.

(b)

A sign which projects over public space shall be removed by the owner thereof after 30 days' written notice from the Chief of Building Inspection when the sign does not conform to the provisions of this Building Code and the nonconformity is the result of the street widening or reconstruction, curb relocation or other work performed in the public space by a governmental agency.

(c)

No part of a sign shall be closer than five feet to an electric, telephone or other utility pole or line.

(d)

Cables, turnbuckles, eyebolts or other fastenings for a sign shall be of a noncorrosive metal or hot-dipped galvanized steel.

(e)

Where a support, brace, eyebolt or similar device which supports a sign pierces a roof, there shall be a flashing pan provided and the roof shall be made watertight.

(Ord. 71-342-174; Ord. 83-591-400, § 1; Ord. 85-1201-663, § 6; Ord. 98-673-E, § 6; Ord. 2001-1160-E, § 14)

Editor's note— Section 3 of Ord. 80-611-278 waived the provisions of this Section for the purposes of the "Neighborhood Watch Program" authorized by § 1 of Ord. 80-611-278.

Note— Former § 900-1604.2; § 334.202; § 326.202.

Sec. 326.202. - Ground signs.

(a)

Ground signs erected to a height of more than 20 feet shall be entirely of metal construction with all structural members not less than one-fourth of an inch thick unless of noncorrosive metal, except that floor planks of catwalks on platforms and battens behind metal facing may be of pressure-treated wood.

(b)

The height of ground signs above the level of adjacent ground shall be limited as provided in Chapter 656, Part 13, and a clearance of not less than nine feet shall be maintained below the main body of the sign if it is erected within 20 feet of an intersection of two street right-of-way lines.

(c)

Ground signs shall conform to the front yard requirements of the residential district where commercial and residential districts adjoin and the sign is located within 50 feet from the boundary of the residential district. These signs should not be placed in front of a dwelling or less than three feet from a division property line or building. A ground sign shall be permitted in the rear of a dwelling which is located in a district permitting signs if a required rear yard for the dwelling is maintained between the dwelling and the sign.

(d)

If the upright support of a ground sign is a single member, the support shall be of noncorrosive metal or shall be hot-dipped galvanized steel to a height not less than six inches above ground level or the level of encasing concrete, whichever is higher.

(Ord. 71-342-174; Ord. 72-975-493, § 1; Ord. 83-591-400, § 1; Ord. 85-1201-663, § 6; Ord. 2001-1160-E, §§ 14, 15)

Editor's note— Section 3 of Ord. 80-611-278 waived the provisions of this Section for the purposes of the "Neighborhood Watch Program" authorized by § 1 of Ord. 80-611-278.

Note— Former § 900-1604.3; § 334.203; § 326.203.

Sec. 326.203. - Roof signs.

(a)

No roof sign shall be placed on the roof of a building so as to prevent the free passage from one part of the roof to another part thereof or to interfere with openings in the roof and no roof sign shall project beyond the edge of the roof. Except when erected parallel to and within four feet of the edge of the roof on a street frontage, a roof sign shall be constructed to provide accessibility for firefighters and to leave a clear space of not less than four feet between the roof level and the lowest part of the sign structure and not less than five feet of clearance between the vertical supports thereof. A roof sign erected within four feet of the edge of the roof on the street frontage of a building may extend from the level of the roof if it is limited in width to 50 percent of the street frontage.

(b)

Roof signs shall be constructed entirely of metal and structural members shall be not less than one-fourth of an inch thick unless they are noncorrosive or galvanized, except that floor planks of catwalks or platforms and battens behind metal facings may be supported on steel framing or columns or masonry walls and shall not be permitted to be supported by wooden construction.

(c)

Roof signs shall not exceed 35 feet in height above the roof level upon which the sign is erected.

(d)

Roof signs shall be securely anchored to the building or structural framing with galvanized or noncorrosive metal anchors, bolts, chains, stranded cables, rods or braces. Bolts shall be not less than one-half of an inch and galvanized.

(Ord. 71-342-174; Ord. 83-591-400, § 1; Ord. 85-1201-663, § 6; Ord. 2001-1160-E, § 14)

Editor's note— Section 3 of Ord. 80-611-278 waived the provisions of this Section for the purposes of the "Neighborhood Watch Program" authorized by § 1 of Ord. 80-611-278.

Note— Former § 900-1604.4; § 334.204; § 326.204.

Sec. 326.204. - Projecting signs.

(a)

Projecting signs shall be constructed entirely of metal or shall have a metal structural frame with approved plastic faces, letters or decorations. Where the signs are erected on the walls of buildings and supported by cables, the main guy which supports the dead weight of the sign shall be anchored to the wall by through bolts or shall be carried over the parapet and anchored to the roof construction with through bolts.

(b)

Except as provided in Section 326.205 for wall signs, and Section 656.1304 for awning signs, no sign shall project beyond the property line into or over a street right-of-way, alley, walk or other public space.

(c)

A projecting sign which violates subsection (b) but which was lawfully erected, maintained and in place on March 15, 1973 or for which a permit to erect, enlarge, rebuild or structurally alter the sign was issued prior to that date shall be deemed a nonconforming sign. A nonconforming sign may continue in existence for a maximum period of ten years from October 1, 1974 but all nonconforming signs shall be removed and are prohibited and unlawful thereafter, except as further provided herein. All nonconforming signs still being utilized as of October 1, 1984, may continue in existence for an additional period of time until the business utilizing such nonconforming sign goes out of business or is sold; provided, that such nonconforming sign shall at all times meet those minimum standards for safety to the general public as are provided for by law. During the ten-year period, or any extension thereof as provided herein, no nonconforming sign may be enlarged or altered in a way which increases its nonconformity but it may be altered to decrease its nonconformity. If a nonconforming sign is damaged or destroyed by any means to an extent of more than 65 percent of its value at the time of damage or destruction, it shall not be repaired or reconstructed except in conformity with this Chapter.

(d)

A person who shall violate a provision of this Section or who shall construct, erect, maintain or use any sign in violation hereof shall be deemed guilty of a class D offense.

(e)

Notwithstanding any provisions to the contrary as may be contained in this Section, no projecting sign which would be in violation of subsection (b) of this Section shall continue in existence for more than five years after March 11, 1987, unless and until the Council by resolution specifically grants an exemption from the provisions of this Section for a projecting sign to remain beyond the five-year period provided for herein.

(Ord. 71-342-174; Ord. 73-28-40, § 1; Ord. 83-591-400, § 1; Ord. 83-1249-615, § 2; Ord. 84-726-383, § 1; Ord. 85-1201-663, § 6; Ord. 86-1523-871, § 5; Ord. 92-1768-1444, § 1; Ord. 2001-1160-E, §§ 14, 16)

Editor's note— Section 3 of Ord. 80-611-278 waived the provisions of this Section for the purposes of the "Neighborhood Watch Program" authorized by § 1 of Ord. 80-611-278.

Editor's note— Section 2 of Ord. 84-726-383 provides as follows: "The provisions of Section 56.103, Ordinance Code, to the extent such would require the submission, review and approval of this ordinance to and by the Building Codes Adjustment Board, are made inapplicable to the enactment of this ordinance."

Note— Former § 900-1604.5; § 334.205, § 326.205.

Sec. 326.205. - Wall signs.

(a)

Wall signs which project into public space shall comply with all requirements of projecting signs, except that the maximum projection of a wall sign shall be one foot.

(b)

Wall signs shall be anchored to a solid masonry wall with metal expansion bolts and to a hollow masonry wall with toggle bolts or through bolts. Anchorage to other walls shall be by an approved method.

(c)

Wall signs shall not be erected over a window, door or other opening in the wall and shall not extend above the roof level of a building, except that, where there is a parapet, a wall sign may extend to the top of the parapet.

(Ord. 71-342-174; Ord. 83-591-400, § 1; Ord. 85-1201-663, § 6; Ord. 2001-1160-E, § 14)

Editor's note— Section 3 of Ord. 80-611-278 waived the provisions of this Section for the purposes of the "Neighborhood Watch Program" authorized by § 1 of Ord. 80-611-278.

Note— Former § 900-1604.6; § 334.206, § 326.206.

Sec. 326.206. - Banner signs.

(a)

Banner signs shall not exceed 100 square feet in area and a permit for these signs shall be limited to 30 days. These signs shall be securely anchored to buildings, poles or other structural supports but shall not be permitted to be attached to electric, telephone or other utility poles, guys or devices.

(b)

Banner signs shall not be permitted over public space or street rights-of-way, except that signs of a public nature (not including political announcements or advertisements) may be permitted under the following conditions:

(1)

The Mayor has found the signs to be in the public interest and approved the use of public space for the purposes thereof.

(2)

If the right-of-way is under the jurisdiction of the State Department of Transportation and this agency has approved the sign.

(3)

Permission has been granted by owners of adjoining private property from which the sign is to be supported.

(4)

The banner sign provides at least 20 feet of vertical clearance to the public space below, is constructed of not less than eight-ounce canvas and is supported by not less than one-quarter-inch stranded cable sewed into its hem.

(Ord. 71-342-174; Ord. 83-591-400, § 1; Ord. 85-1201-663, § 6; Ord. 2001-1160-E, § 14)

Editor's note— Section 3 of Ord. 80-611-278 waived the provisions of this Section for the purposes of the "Neighborhood Watch Program" authorized by § 1 of Ord. 80-611-278.

Note— Former § 900-1604.7; § 334.207, § 326.207.

Sec. 326.207. - Mobile signs.

(a)

Compliance. Mobile signs shall comply with all requirements of this Building Code except as may be otherwise specifically provided in this Part or in Section 320.414.

(b)

Permit required; term. A mobile sign located, placed or parked or otherwise utilized for display purposes on a site or premises shall have a sign permit issued for each installation of each sign on each site or premises not less than 24 hours prior to the placement of the mobile sign. The permit may be obtained only by a licensed and bonded sign contractor and shall be valid for the length of time stated in the permit; provided, the maximum length of time that a mobile sign may be placed on any lot or parcel of land is a cumulative total of 30 days during the period from January 1 through June 30 and a cumulative total of 30 days during the period from July 1 through December 31 of any calendar year. Mobile signs shall be permitted in only commercial and industrial zoning districts, except that no mobile shall be permitted in the CPO or CN zoning districts. Mobile signs shall be construed as and determined in the calculation of allowable number and square footage of on-site signs as set forth in Chapter 656, Part 13.

(c)

Posting. A copy of the sign permit shall be posted on the sign in a conspicuous place visible to the public and inspectors.

(d)

Location restrictions. Mobile signs shall not be located or maintained:

(1)

In street rights-of-way or within ten feet of a street right-of-way.

(2)

In a zoning district not otherwise provided for in this Section.

(3)

Within 50 feet of a private property line or within 25 feet of the intersection of two street right-of-way lines.

(4)

Within five feet of an electric, telephone or other utility pole, guy wire or utility line.

(5)

Closer than 200 feet to another mobile sign previously permitted and currently located on the same lot or parcel.

(e)

Wind load requirements. Mobile signs shall be adequate to withstand wind loads specified in Section 326.201 and shall be anchored at each installation so as to prevent sliding or overturning resulting from these loads.

(f)

Electrical connections; cords. Electrical connections to mobile signs may be made through type SO or STO flexible 12/3 cords not more than 200 feet in length and supplied by an approved, grounded, weatherproof, exterior electrical outlet on a circuit with a capacity of not less than 20 amperes. The electrical cord of one mobile sign shall not overlap or connect to another mobile sign. These cords shall not be extended through doors, windows or other openings into buildings and shall not be laid on driveways, pavements, sidewalks and walkways or an area prescriptively used for pedestrian or vehicular traffic. Cords crossing driveways, sidewalks, pavement or prescriptively used areas shall be carried overhead and conform to the following:

(1)

They shall have a minimum clearance of 18 feet above grade over driveways and pavement.

(2)

They shall have a minimum clearance of ten feet above grade over sidewalks and walkways.

(3)

Cords spanning a distance greater than 25 feet shall be supported by a steel message cable not less than one-quarter of an inch in diameter and shall be taped thereto at five-foot intervals.

(g)

Electrical transformers and ballast. Electrical sign transformers and ballast in mobile signs shall be of the high-power factor type and an approved accessible means of disconnecting electrical current shall be provided.

(h)

Certification of electrical signs. Mobile signs which include electrical lighting or equipment shall have been approved and labeled by Underwriters' Laboratories, Inc. or shall have been certified by a certified master electrician to be in compliance with electrical regulations and this Part.

(i)

Maintenance of log of signs owned or sold. Each mobile sign contractor or manufacturer shall maintain a log of signs owned or sold by him identifying these signs by serial numbers or other identification system. The log shall provide the name of the master electrician who wired the sign or the underwriter's identification code. The log shall contain the name of the purchaser of signs which are sold.

(Ord. 2001-1160-E, §§ 14, 17)

Note— Former § 326.208.

Sec. 326.208. - Signs in violation; abatement procedure.

(a)

Summary abatement. The Building Official may summarily impound and remove a sign which is being used or has been constructed, erected, placed, located or parked contrary to or in violation of the requirements of this Chapter, or of Chapter 320 or Chapter 656, Part 13, without prior demand or notice if:

(1)

He determines that the sign constitutes a present and immediate danger to the public safety because of the manner of its use, its condition or the condition of electrical connections or other components or its location.

(2)

There is no convenient way of contacting the owner or lessor of the sign or the owner or lessor fails or refuses to respond to the Building Official when he requests removal, repair or relocation of the sign to correct the dangerous or hazardous condition.

When the Building Official intends to impound a sign under this paragraph, he shall proceed to have the sign removed and stored but he shall not be required to make the demand or give the notice before the sign is removed. Instead, within 24 hours after the sign is impounded, the Building Official shall notify the land owner and sign owner, if known, on a form prescribed by the Building Official, that the sign has been summarily impounded under the provisions of this paragraph, which notice shall identify the sign (including the serial number or other identification), give the location from which it was removed, describe the dangerous or hazardous condition which occasioned the impoundment, and state that removal costs and towing and storage charges will be assessed against the impounded sign at the location to which it was removed for storage and that the owner may request a hearing as to the propriety of the impoundment and as to the amount of the owner's liability for the removal costs and towing and storage charges. The notice shall also state the location where the impounded sign is stored and the place where the owner may make his request for the hearing. The notice shall also state, in prominent language, that failure by the owner to request a hearing within five days after receipt of the notice shall act as a waiver of his right to a hearing and that this may result in the placing of a lien against the sign for the removal costs and towing and storage charges without further notice to the owner. At the same time that the Building Official notifies the owner of the impounded sign, he shall notify the owner or occupant of the real property from which the impounded sign was removed, on a form prescribed by the Building Official, of substantially the same information as was given to the owner of the impounded sign. The notice shall state that the cost of removing, towing and storing the impounded sign may be made a lien against the real property from which the impounded sign was removed and that the owner or occupant of the real property may request a hearing as to the propriety of the impoundment and as to the amount of and the owner's or occupant's liability for the removal costs and towing and storage charges. The person to whom a notice is required to be given under this paragraph shall sign the notice as an acknowledgement that he has received a copy of the notice and a copy of the notice shall be provided to that person. If the person willfully fails or refuses to sign the notice or if the person cannot be found, the Building Official shall note this fact on the face of the notice, which shall constitute prima facie evidence of the delivery or service of notice as required by this paragraph.

(b)

The Building Official may utilize the rotating wrecker call list established by the Sheriff for the purpose of removing and impounding signs. A sign so impounded shall be stored at a location, public or private, designated by the Building Official. For towing and storing signs, the City or wrecker and towing firms are allowed the same charges as are prescribed by Section 804.1204 for passenger cars and light vans. The towing and storage charges occasioned by the impoundment of a sign under this subsection shall be and constitute a lien upon the impounded sign, except as provided in subsection (f) of this Section, and upon the real property from which the impounded sign was removed, except as provided in subsection (f) of this Section. The costs incurred by the City in removing a sign from the real property on which it was located, placed or parked (in addition to towing and storage charges), including the cost of inspecting the sign, issuing and posting the notice required by subsection (a) of this Section and summoning the assistance of police officers in serving the notice, removing the sign or protecting the authorized representatives of the City, together with any unpaid fines imposed pursuant to Section 320.414 shall be and constitute a lien upon the real property, except as provided in subsection (f) of this Section. The Building Official shall cause to be prepared a current schedule of these removal costs and shall file this schedule with the Council Secretary.

(c)

If the owner or lessee of an impounded sign or the owner, custodian, agent, lessee, trustee or occupant of the real property from which the impounded sign was removed requests within 20 days after the date of the impoundment that a hearing be held on the impoundment and charges, a date shall be set, not more than ten days after the date of the request for the hearing and the General Counsel shall provide a hearing examiner to conduct the hearings required by this paragraph; provided, however, neither the Building Official nor any of his employees may be the hearing examiner. At the hearing, the person who requested it, his agent or his attorney, shall be afforded an opportunity to present, by oral testimony or documentary evidence, his objections to:

(1)

The impoundment of the sign.

(2)

The amount of the removal costs or towing and storage charges and his liability for the payment thereof.

(d)

Within 14 days following the conclusion of the hearing on the objections, the hearing examiner shall render his decision in writing. If the hearing examiner finds:

(1)

That the impoundment was improper, he shall find that the person is not liable for any removal costs or towing and storage charges occasioned by the impoundment and the City shall re-erect such sign.

(2)

That the impoundment was proper, he shall establish the amount of the costs and charges to be assessed against the impounded sign or real property, as the case may be and the extent of the liability of the owner for payment of the costs and charges so established.

The decision of the hearing examiner shall be final and a copy of the decision shall be furnished to the person, to the custodian or the place where the impounded sign is stored, to the General Counsel, and, if the decision affects real property, to the Tax Collector.

(e)

If the hearing examiner finds pursuant to subsection (c) of this Section that the impoundment was improper and if he determines that the City shall bear part or all of the costs and charges, the lien created by subsection (b) of this Section shall be discharged. If the hearing examiner finds pursuant to subsection (c) of this Section that the impoundment was proper but that the costs and charges should be in an amount less than the amount of the lien, the lien created by subsection (b) of this Section shall be discharged to the extent that it exceeds the amount established by the hearing examiner. If a lien created by subsection (b) of this Section against the impounded sign and held by a private wrecker or towing firm is discharged by this subparagraph pursuant to a determination by the hearing examiner that an impoundment was improper and that the City shall bear part or all of the towing and storage charges, the City shall pay the firm the amount determined by the hearing examiner. No payment shall be made until it is authorized by the General Counsel.

(f)

The holder of a lien against an impounded sign created by subsection (b) of this Section, to the extent that the lien has not been discharged as provided in subsection (e) of this Section or otherwise satisfied, may enforce the lien in any manner provided by law after 60 days from the date the sign is impounded by the Building Official. The provisions of Sections 804.1108—804.1110 shall apply to the public sale of an impounded sign, redemption before public sale and the disposition of the proceeds derived from the public sale, except that the Building Official shall perform the duties required of the Sheriff in these Sections.

(g)

Court injunction. Whenever, in the judgment of any appropriate official or employee of the City of Jacksonville, it is necessary that the City obtain the assistance of the courts to remove, terminate or abate a sign which violates any provision of Chapters 320, 326, or 656; the Office of General Counsel may commence and maintain all necessary actions in the appropriate courts to assist the City in enforcing Chapters 320, 326, or 656. Nothing contained herein is intended to diminish the rights of the City under Section 320.414.

(Ord. 71-700-400, § 5; Ord. 71-1206-631, § 5; Ord. 77-315-634, § 2; Ord. 79-1228-699, § 2; Ord. 83-591-400, § 1; Ord. 85-1201-663, § 6; Ord. 86-1523-871, § 12; Ord. 93-174-1054, § 5; Ord. 2001-1160-E, §§ 14, 18)

Editor's note— Section 3 of Ord. 80-611-278 waived the provisions of this Section for the purposes of the "Neighborhood Watch Program" authorized by § 1 of Ord. 80-611-278.

Note— Former § 900-1604.8; § 334.208; § 326.209.

Sec. 325.102. - Supplying electricity. Chapter 327 - SUSTAINABLE BUILDING PROGRAM