§ 7.01.00. Definitions.
Abandoned sign: A sign which for a period of a least ninety (90) days no longer correctly relates to a bona fide business, lessee, owner, or activity conducted on the premises where the sign is displayed; and/or the sign has been damaged, and repairs and restoration are not started within ninety (90) days of the date the sign was damaged, or repairs are not diligently pursued, once started.
Advertising: Sign copy intended to aid, directly or indirectly, in the sale, use or promotion of a product, service, commodity, entertainment or real or personal property.
Alter: To make a change to a sign or sign structure, including but not limited to, changes in size, sign copy area to signs other than manual changeable copy signs, height, projection, illumination, shape, materials, placement and location on a site. Altering a sign does not include ordinary maintenance, repair or repainting an existing sign surface provided the sign copy area is not increased.
Animated sign: A sign which has any visible moving part, color change, flashing or osculating lights, visible mechanical movement of any description, or other apparent visible movement achieved by any means that move, change, flash, osculate or visibly alters in appearance. The term may include electronic changeable signs with optical illusion of movement, color change, or change of lighting, to depict action or create a special effect or scene; and signs using electronic ink, signs set in motion by movement of the atmosphere, any type of screen using animated or scrolling displays, such as an LED (light emitting diode) screen or any other type of video display.
Artwork: 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 a commercial and/or non-commercial message related to the premises upon which the artwork is displayed. All outdoor artwork shall conform to the maximum height and size restrictions of buildings in any particular zoning district in which it is located. All outdoor artwork shall also conform to any applicable building and safety standards. Stringlighting is considered artwork. Wall murals and artwork that do not communicate informational messages, apart from any artistic or aesthetic enjoyment, are not signs as defined herein.
Awning: A shelter projecting from and supported by the exterior wall of a building constructed of rigid or non-rigid materials on a supporting framework that may include a type that can be retracted, folded or collapsed against the wall of a supporting building.
Awning sign: A sign that is painted on, printed on, or attached flat against the surface of an awning.
Balloon sign: A sign consisting of' a membrane that relies on internal gaseous pressure or a semi-rigid framework for maintaining its form.
Banner: A temporary sign applied to cloth, plastic, paper, fabric or other light pliable material of any kind either with or without frames; and which is suspended, mounted or attached across its longest side to buildings or poles at two (2) ends. Flags are not considered banners.
Beacon: 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.
Bench sign: A sign on an outdoor bench.
Billboard: A freestanding off-site sign or sign structure.
Bus shelter advertising sign: An advertising sign appearing on a bus shelter.
Bus stop informational sign: A freestanding or attached non-commercial sign located at a bus stop and providing information as to the route, hours or times of service.
Canopy: A roof-like structure with no walls that is attached or not attached to an adjacent structure. A canopy is not a marquee.
Canopy sign: A sign that is placed on, or integrated into, fabric or other material that is an integral part of a canopy.
Changeable copy sign: A sign that is designed so that characters, letters or illustrations can be manually changed or rearranged without altering the sign face.
Clearance: The distance between the finished grade to the lowermost portion of the sign.
Cold air inflatable sign: A balloon-type portable sign with a blower (fan) system which runs continuously to keep the sign standing tall. Often, the sign is anchored in place with tether straps.
Commercial message : 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: A temporary on-site 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, and containing sign copy that is limited to the ongoing construction activity and identifying the contractor and/or any subcontractor engaged to perform construction activity on the site.
Copy: The linguistic or graphic content of a sign.
Directional sign: An attached or freestanding on-site non-commercial sign directing the movement of pedestrian or vehicular traffic on the premises where it is located. These signs may use words such as "entrance," "exit," "caution," "no parking," "one way only," "no trespassing," and the like, or arrows or similar graphics.
Directory sign: A non-commercial sign that lists the names and locations of occupants or the use of a building, limited to multi-tenant buildings and a development made up of a group of buildings.
Election sign: A temporary on-site sign erected or displayed with the permission of the property owner or tenant, 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. Election signs are exempt from the ninety-day limit for temporary signs, as defined herein.
Electronic changeable sign: A sign that uses changing lights or an electronic medium to form an image, picture, or message of any kind, whether the image, picture, or message is moving or stationary, wherein the sequence of the messages and the rate of change are electronically programmed and can be modified by electronic processes. Electronic changeable signs include LED signs (light emitting diode technology or other similar semiconductor technology), OLED signs (transmissive, organic light emitting diodes), LEP signs (light emitting polymer), OEL signs (organic electro luminescence), or any similar technology.
Erect: To construct, assemble, attach, hang, place, suspend, affix or alter a sign. Does not include ordinary maintenance, repair or repainting of an existing sign surface provided the sign copy area is not increased.
Fixed aerial sign: Any aerial advertising medium that is tethered to the ground or any object that is on the ground.
Flag: A piece of fabric of distinctive design that is displayed hanging free from a staff halyard or building to which it is attached, used as an ornamental flag or as a symbol of the United States, a nation, state, local government or other political subdivision, corporation, business, organization or a person. Flags are not banners.
Flashing sign: Any directly or indirectly illuminated sign that exhibits changing natural or artificial light or color effects by any means whatsoever.
Free expression sign: A sign, communicating information or views of concern to the owner of the sign, or containing any other non-commercial message, that is otherwise lawful.
Freestanding sign: Any sign that is not attached to any building. The definition of a "freestanding sign" does not include a portable sign.
Garage or yard sale or garage-yard sign: Any on-site temporary sign pertaining to the sale of personal property in, at or upon any residentially-zoned property. 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 other offering to make any sale, whether made under any name such as garage sale, lawn sale, yard sale, front yard sale, back yard sale, attic sale, rummage sale, patio sale, moving sale or any similar designation.
Ground sign: Any sign that is defined as a freestanding sign.
Historical or landmark sign: A sign erected in close proximity to a historic place, object, building or other landmark recognized by an official historical resources entity.
Holiday and seasonal decorations: Decorations that do not communicate informational messages apart from recognizing legal or other recognized holidays or to a season of the year and are not considered signage.
Holographic display sign: An advertising display that creates a three-dimensional image through projection, OLED (organic light emitting diode) or any similar technology.
Illuminated sign: A sign illuminated by an internal light source or an external light source primarily designed to illuminate the sign. There are four (4) types of illuminated signs that are defined as follows:
A.
Internal illuminated message. The sign is made of a non-translucent material and the message is cut out of the material and replaced with translucent material. The sign's light source is located inside the sign.
B.
Internal illuminated sign. The sign face is made of translucent material with internal light source.
C.
Backlight illuminated sign. The message is raised beyond the sign's background and the lighting illuminates the sign from behind in the form of backlighting or reverse channel lighting.
D.
External illuminated sign. The sign is illuminated only with steady, stationary, down directed and shielded light sources directed solely onto the sign and not visible from adjacent public rights-of way or adjoining properties.
Interior sign: A sign erected and maintained inside of a building that is not viewable from outside of the building.
Machinery and equipment sign: Any sign that is integral to the machinery or equipment and that identifies the manufacturer of the machinery or equipment that is placed on the machinery or equipment at the factory at the time of manufacture. Machinery and equipment signs are not vehicle signs as defined herein.
Maintenance: The repairing or repainting, provided the sign copy area is not increased, of a portion of a sign or sign structure, periodically manually changing changeable copy or renewing the copy provided there are no sign copy area changes for signs which have been made unusable by ordinary wear.
Marquee: A permanent roofed structure that is attached to or supported by a building and extending more than two (2) feet from the building, generally designed and constructed to provide protection from the weather.
Marquee sign: A sign that is integrated into, on or attached to a marquee.
Menu board: A sign placed at the beginning of a drive-up service lane of a food service establishment that includes a two-way speaker system for taking food orders.
Menu display sign: A fully enclosed or otherwise protected from the elements on-site sign, 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 sign may be used for a restaurant without drive-through service and for transient lodging facilities that have restaurant facilities open to the general public in addition to the registered guests. Menu display sign structures shall be limited to one (1) per establishment.
Mobile billboard: Any vehicle or wheeled conveyance that carries, conveys, pulls, or transports any sign or billboard for the exclusive purpose of advertising.
Monopole sign: A freestanding, on-site ground sign supported by a single vertical pole or column. The definition of a "monopole sign" includes a "pylon sign".
Monument sign: A freestanding, on-site ground sign not erected on one (1) or more poles or similar structures but has a solid supporting base on the ground equal or greater than the width of the sign face and generally made of stone, masonry or concrete, with no separations between the sign and base and which is of a finished or decorative-type construction.
Multipole sign: An allowable freestanding, on-site ground sign supported by two (2) vertical poles or columns.
Mural: Any wall graphics and/or 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 a commercial and/or non-commercial message related to the premises upon which the artwork is displayed. All murals shall conform to the maximum height and size restrictions of buildings in any particular zoning district in which it is located. All murals shall also conform to any applicable building and safety standards.
Nameplate sign or occupant identification sign: An attached wall sign indicating the name and/or profession or address of a person or persons residing on the premises where the sign is located or legally occupying the premises where the sign is located.
Neon sign: A sign manufactured utilizing neon tubing, which is visible to the viewer. Neon signs are considered to be illuminated signs. Neon signs which are animated, which flash, or are in motion are prohibited in this article.
Neon tubing: Electric discharge, cold cathode tubing manufactured into shapes that form letters, parts of letters, skeleton tubing, outline lighting and other decorative elements or art forms, in various colors and diameters and filled with inert gases.
Non-commercial message: Any message that is not a commercial message.
Nonconforming sign: Any sign that was lawful when it was erected but does not meet the requirements of this article at the time of its effective date.
Obscene sign: Any unlawful sign that which displays any statement, word, character, or illustration of an obscene, indecent or immoral nature as defined by F.S. ch. 847.
Off-site sign: A sign with either non-commercial and/or commercial message that is not related in its subject matter to the premises on which the sign is located.
On-site sign: A sign that (1) is located on the premises to which the sign pertains (2) identifies an activity conducted or products or services available on the premises where the sign is located, (3) displays a non-commercial message or (4) is any combination of the first three (3).
Pedestrian wayfinding sign: A directional sign that is provided by and controlled by the city on city property or rights-of-way and used to direct the public to a place of business or venue. Pedestrian wayfinding signs are only allowed within the City's Community Redevelopment Area Downtown Mixed-Use and A1A Retail Corridor Overlay Districts under certain conditions and restrictions.
Pennant: Any small flag-like pieces plastic or paper attached to any staff, cord, building, or at only one (1) or two (2) edges, the remainder hanging loosely.
Permanent sign: Any sign which, once installed, is intended for permanent use. For the purposes of this article, any sign with an intended use in excess of ninety (90) days from the date of installation shall be deemed a permanent sign unless otherwise indicated elsewhere in this article.
Person: Any person or persons, individual or groups of individuals, company, firm, corporation, partnership, organization or association.
Pole sign: A freestanding, on-site ground sign supported by one (1) or more vertical poles or columns. A pole sign with only one (1) supporting pole or column is defined as a monopole sign and is a prohibited sign type. A pole sign with two (2) poles or columns is defined as a multipole sign and is a permitted sign type.
Portable sign: A sign that is not permanently affixed to a building, structure or the ground and designed to be moved from place to place. A portable sign may fall within the definition of other types of signs, yet still be a portable sign. For purposes of this definition, a cold air inflatable sign and sandwich sign shall be considered to be portable signs. Vehicle signs as defined herein are not considered portable signs.
Premises: A lot together with all buildings and structures if any.
Projecting sign: A sign attached to a building or other structure extending in whole or in part more than twelve (12) inches beyond the surface of the portion of the building to which it is attached.
Pylon sign: A freestanding, on-site sign that is supported from the ground up by a single vertical pole or column.
Real estate sign: A temporary sign advertising the sale, rental or lease of the premises or part of the premises on which the sign is displayed temporarily. For purposes of this article, an open house or a model home sign shall be considered a real estate sign.
Roof signs: Any sign erected, constructed and maintained wholly upon the roof of any building with the principal support on the roof structure.
Safety sign: See Warning signs.
Sandwich sign: A portable, temporary sign that may be double or single faced, with the base of the sign being the supporting structure and the connecting point(s) located at the top. Sandwich signs may be easily moved. Sandwich signs are only allowed within the City's Community Redevelopment Area Downtown Mixed-Use and A1A Retail Corridor Overlay Districts under certain conditions and restrictions.
Sign: Any written and/or illustrated device or display including structural or supporting elements, consisting of letters, numbers, symbols, pictures, illustrations, announcements, decorations, emblems, cut-outs, insignias, trademarks or demonstrations, banner, flag, pennant, attached balloon, streamers, spinners, or ribbons, that is designed to convey information to the public. Wall murals and artwork that do not communicate informational messages, apart from any artistic or aesthetic enjoyment, are not signs.
Sign copy: The message or image conveyed by a sign.
Sign copy area: The surface area of a sign upon which the sign copy is displayed including all of the elements of the copy including frames and borders and structural elements or trim that forms the outer most perimeter of the sign.
Sign face: The sum of the surfaces of the sign copy area as seen from one (1) plane or elevation.
Sign height: The vertical distance measured from finished grade below the sign to the topmost point of the sign structure.
Sign structure: Any construction designed to support or to provide a surface for a sign, and including any marquee, canopy or awning.
Snipe sign: Any sign tacked, nailed, fastened, affixed to, painted, posted, pasted, glued or otherwise attached to trees or other vegetation (living or dead), telephone poles, utility poles, or fences, with the message appearing thereon not applicable to the owner utility poles or present use of the premises upon which the sign is located. Specifically excluded are holiday and seasonal decorations, which are not signage, attached to utility poles in the right-of-way when such decorations are authorized by the utility company and installed by the city for the benefit of the citizens and visitors.
Special event: An event as defined by section 4-103 of the Flagler Beach Code of Ordinances.
Statutory sign: A sign required by any statute of the State of Florida or the United States.
Street address sign: Any sign denoting the street address of the premises on which it is attached or located.
Suspended sign : A sign attached to and located below a canopy or similar structure.
Temporary sign: Any sign, banner, valance or display typically constructed of cloth, canvas, light fabric, cardboard, wood, wallboard or other light materials, with or without frames, intended to be displayed periodically for short periods of time and removed when not in use by the owner or tenant, or displayed for a period of time not to exceed ninety (90) days, or as otherwise authorized by this article. Certain temporary signs require permitting by the city pursuant to Section 7.07.03 while others do not.
Traffic control device sign: 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). Some traffic control device signs may be portable.
Umbrella sign: A sign printed on umbrellas used for legal outdoor eating and drinking establishments, push-carts, sidewalk cafes and which is made of a lightweight fabric or similar material.
Vehicle sign: A sign on a truck, vehicle, or trailer which displays an advertisement or business identification of its owner and is for the purpose of transporting equipment, owners or employees during the course of conducting the business advertised on the vehicle. Vehicle signs are not considered portable signs or mobile billboards.
Wall sign/attached sign: A sign that is attached to and extends no more than twelve (12) inches from a wall or painted on a wall of a building
Warning sign or safety sign: A sign that 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.).
Wind sign: A sign that uses objects or a series of fabric, paper, plastic, or other similar material fastened in such a manner as to move upon being subjected to pressure by wind, and shall include, ribbons, spinners, streamers or captive balloons; however, the term wind sign shall not include flags or pennants.
Window sign: A temporary or permanent sign mounted, attached to, placed upon or painted on a window of a building that is viewable from the outside of the building.
(Ord. No. 2010-15, § 2, 11-18-10; Ord. N>o. 2011-12, § 1, 8-25-11; Ord. No. 2012-16, § 2, 11-8-12)