CHAPTER V - SIGNS AND DISPLAYS

0 0 CHAPTER V - SIGNS AND DISPLAYS ARTICLE I. - GENERAL SIGN PROVISIONS ARTICLE II. - SPECIAL SIGN PROVISIONS ARTICLE III. - PROHIBITED AND NONCONFORMING SIGNS ARTICLE IV. SIGN PERMITTING; FEES; PLACEMENT; AND MAINTENANCE ARTICLE V. SIGN REMOVAL; EXCEPTIONS; AND APPEALS ARTICLE I. GENERAL SIGN PROVISIONS Section -0. Short Title Section -0. Purpose and Intent Section -0. Sign Types and Classifications Section -0. Sign Standards and Criteria Section -0. Sign Provisions by Zoning District Sections -0-0. Reserved Section -0. Short Title This Chapter may be known as the "Sign Code for the City of Cocoa Beach. Section -0. Purpose and Intent As a necessary part of the City s landscape, attractive, properly located and well-constructed signs should contribute to the City s aesthetics and character, economic success of the business community, and promote safety and the orderly flow of vehicular traffic, while setting the tone of the zoning districts, neighborhoods and City. The purpose of this Chapter is to control the placement, construction, erection, maintenance, size, and number of signs, along with their alteration and removal. Signs should preserve the aesthetics and character of the City, and not deleteriously affect the appearance and property values. All allowable signs are required to adhere to the minimum standards established by these LDC regulations and the Florida Building Codes. Section -0. Sign Types and Classifications A. All signs allowed within the City are regulated and classified by the method of placement of the sign, as either temporary or permanent. B. Signs are further regulated based on signs permitting requirements, nonconforming signs and prohibited signs. Section -0. Sign Standards and Criteria The following criteria and standards apply to those types of signs as specified below, depending on their type, use or character and zoning district requirements. A. Temporary Non-Commercial Message Signs: The following standards and criteria shall apply to all temporary non-commercial message signs located and placed within the City limits. Noncommercial message signs do not contain commercial advertising for a commercial for-profit business, service or product.. All temporary non-commercial message signs require a sign permit and the applicant shall pay the permits fees for placement on either residential or commercial property, as defined below.. These signs shall all be freestanding signs, constructed of sturdy, all-weather materials such as hard plastic, vinyl, masonite or wood of a sufficient thickness to withstand the local weather conditions commonly experienced. (Paper and cardboard signs are strictly prohibited). Cocoa Beach, Florida, Land Development Code Page

0 0. No temporary signage shall be placed within the public rights-of-way, and unless approved by the City Manager in advance. No temporary signage shall be placed on City owned property.. No part of any temporary sign shall be located closer than two () feet from a property line or a public right-of-way, and in no instance shall any temporary sign obstruct the visibility of any motorist, bicyclist or pedestrian from seeing oncoming pedestrians, bicyclists or vehicular traffic.. These signs may be double-faced, with messages on the front and back sides of the same sign, and only the sign area of one () side shall be used for the sign area calculations.. Standards for locating signs on residential or commercial properties: a. On residentially zoned properties, no single sign shall exceed six () square feet in sign area, and a total of three () temporary signs are permitted on any one () property, with a maximum of eighteen () square feet of total combined sign area, at a maximum height of four () feet for all signs. Each Temporary Non-Commercial Message Sign shall require a Permit Fee as approved by Resolution of the City Commission. b. On commercially zoned properties, no single sign shall exceed thirty-two () square feet in sign area, and a total of three () temporary signs are permitted on any one () property, with a maximum of ninety-six () square feet of total combined sign area, at a maximum height of eight () feet for all signs. Each Temporary Non-Commercial Message Sign shall require a Permit Fee as approved by Resolution of the City Commission.. Temporary non-commercial message signs shall be removed within three () calendar days from the date the scheduled event has concluded, if applicable, or by the sixty (0) day or ninety (0) day deadlines defined in paragraphs (a) and (b) above, whichever occurs first. B. Temporary Commercial Advertising Signs: Upon submittal of an application and the appropriate fee(s), the Administrator may issue temporary sign permits for commercial advertising signs within the commercial zoning districts of the City, in accordance with the following requirements:. The standards and criteria listed for Temporary Non-Commercial Message Signs shown above under Section -0, paragraph A, subparagraphs ( through ) shall also apply for Temporary Commercial Advertising Signs, except that Temporary Commercial Advertising Signs may be located no closer than five () feet from any property line or a public right-of-way, and they may not be located in any parking space, vehicular access way or on any public or private walkway, sidewalk or bike path. C. Temporary Residential or Commercial Real Estate, Garage/Estate sale signs: Temporary signs advertising a property for sale or rent, or a garage or estate sale, including real estate open houses and home tours, may be six () square feet or less in size and do not require a permit. Signs larger than six () square feet shall require a temporary sign permit. These signs shall not exceed eight () feet in height, and they shall be displayed as follows:. One () on-premises sign per street frontage is allowed.. Two () off-premises signs are allowed within a public street right-of-way at intersections. A maximum of two () signs advertising two () separate sales per intersection are allowed. Signs maintained at intersections shall not interfere with vehicular sight visibility. Installation of more than two () signs per intersection or any sign(s) which interfere with visibility shall be removed from the intersection in accordance with Section -(b).. Signs on private property must be at least two () feet from the edge of street pavement and ten (0) feet from adjacent property lines.. Signs shall be removed within twenty-four () hours of the end of the temporary sale. D. Directional Signs: Used to control vehicle traffic circulation, ground directional signs may be located on commercial properties at points of ingress and egress up to the property line or in other locations as approved by the Administrator. No directional sign shall be erected within any required parking Cocoa Beach, Florida, Land Development Code Page

0 0 space. Directional signs will be limited to three () square feet in area, with lettering eight () inches or less in height and it may display the names and/or symbol of the establishment provided that such name or symbol shall not exceed fifty (0) percent of total sign area. Ground private directional signs are limited to four () feet in height. These signs do not require a sign permit or fee. E. Commercial Reader boards or signs with interchangeable letters. No reader board or sign that allows interchangeable letters or messages shall be no larger than thirty-two () square feet. F. Portable Sidewalk or sandwich sign, menu boards: Used to draw pedestrian traffic, these types of signs shall be allowed in commercial zoning districts. One () sign shall be allowed per properly licensed business, which must comply with the following requirements:. Signs require a permit and fee, as approved by Resolution of the City Commission, and they shall not exceed nine () square feet in size.. Signs shall be placed no closer than five () feet from any property line or public right-of-way, and they shall not be placed in any vehicular circulation areas, parking spaces, or on any public or private walkway, sidewalk or bike path.. Signs shall be removed at the close of each business day and in the event of an emergency or impending natural disaster.. Signs shall be of stable construction and secured or weighted to prevent their movement. G. Portable Signs (Typically on wheels or a temporary stand):. Portable signs shall comply with the requirements for the Portable Sidewalk or Sandwich Sign, Menu Board Signs listed under paragraph F above, in addition to the requirements listed below.. Signs shall not exceed thirty-two () square feet in total sign area.. Signs requiring electricity shall acquire an electrical permit to ensure safety of the connection.. Signs shall only be allowed on a temporary basis for a maximum of sixty (0) days, and only for the purpose of replacing or maintaining a permanent sign on the same property, and they are not required to be removed on a daily basis. Section -0. Sign Provisions by Zoning District A. RS- Single-Family Residential District.. The following temporary signs are allowed: a. All temporary noncommercial message signs as defined in Section -0.. The following permanent signs are allowed: a. Uses other than dwelling units allowed in the RS- District may have one () monument sign abutting each of only two () right-of-way frontages, in accordance with the following requirements: i) The first monument sign has an area no greater than thirty-two () square feet and a height no greater than six () feet. ii) The second monument sign may have an area no greater than sixteen () square feet and a height no greater than six () feet. iii) There shall be no more than two () monument signs per property. iv) One () non-illuminated wall sign per property is allowed, up to sixteen () square feet. b. Subdivision and project entrance signs are allowed at the entrance(s) of any residential development in accordance with the following requirements: i) Each entrance sign shall be limited to a total sign area not to exceed thirty-two () square feet, with a maximum height of six () feet per sign. Cocoa Beach, Florida, Land Development Code Page

0 0. The following classifications and types of signs are prohibited in RS-: a. Commercial advertising signs of any type. b. Prohibited signs as defined in Section -. B. RM- Multifamily Residential District.. The following temporary signs are allowed: a. All temporary noncommercial message signs as defined in Section -0.. The following permanent signs are allowed: a. All of the same uses other than for dwelling units which are allowed in the RS- District, with the following exceptions: i) The first monument sign has an area no greater than forty-eight () square feet and a height no greater than eight () feet. ii) The second monument sign may have an area no greater than thirty-two () square feet and a height no greater than six () feet. iii) There shall be no more than two () monument signs per property. iv) There shall be no more than two () wall signs per property, up to a combined total of forty-eight () square feet. b. Subdivision, multi-family units, townhouses and project entrance signs are allowed at the entrance(s) of any residential development in accordance with the following requirements: i) Each entrance sign shall be limited to a total sign area not to exceed forty-eight () square feet, with a maximum height of eight () feet per sign. ii) In lieu of monument signs in accordance with. above, the project may display no more than two () wall signs with a combined total sign area not to exceed forty-eight () square feet.. The following classes of signs are prohibited in RM-: a. All signs prohibited in the RS- Zoning Districts. C. RM- Multifamily Professional District and RM-A High Density Multifamily District II.. The following temporary signs are allowed: a. All temporary noncommercial message signs as defined in Section -0. b. Temporary Real Estate signs not exceeding thirty-two () square feet in combined total area of all signs on a lot.. The following permanent signs are allowed a. All of the same uses other than for dwelling units which are allowed in the RM- Districts. b. Subdivision, multi-family units, townhouses and residential project entrance signs are to be the same as those allowed in the RM- Zoning Districts. c. Office, professional, business, and other non-residential uses: i) Ground and monument signs: a. One () sign per lot, not to exceed forty-eight () square feet in area with a maximum height of fifteen () feet. b. If the lot has multiple frontages, a second monument sign may be installed on a second right-of-way frontage with an area no greater than thirty-two () square feet with a height no greater than six () feet. ii) Wall signs: a. Attached to the front of the business with a total sign area not to exceed one () square foot in area for every one () foot of building frontage, not to exceed sixtyfour () square feet. For shopping centers and multi-tenant projects only, this sign area may be increased to not exceed one hundred fifty (0) square feet. Cocoa Beach, Florida, Land Development Code Page

0 0 b. Two () total and additional wall signs may be allowed on the sides or rear of the business. The total combined area of these additional signs shall not exceed thirty-two () square feet. For shopping centers and multi-tenant projects only, the sign area may be increased not to exceed seventy-five () square feet per sign.. The following classes of signs are prohibited in RM-: a. All signs prohibited in the RM- zoning districts. D. CT- oceanfront residential and transient district, CG general commercial district, CN neighborhood commercial district, and PS- public and semi-public district.. The following temporary signs are allowed: a. All temporary noncommercial message signs and commercial advertising signs as defined in Section -0.. The following permanent signs are allowed: a. All of the same uses other than for dwelling units which are allowed in the RM- and RM- A Districts, with the following exceptions: i) The first monument sign has an area no greater than eighty-four () square feet. b. Subdivision, multi-family units, townhouses and residential project entrance signs are to be the same as those allowed in the RM- and RM-A Zoning Districts, with the following exceptions: i) Each entrance shall be limited to a total sign area not to exceed eighty-four () square feet. ii) The project may have no more than two () wall signs regardless of the number of frontages, with a total sign area not to exceed eighty-four () square feet. c. Retail, hotels, motels, office, professional, business, and other non-residential uses: i) Ground and monument signs: a. One () sign per lot with said sign area not to exceed eighty-four () square feet, with a maximum height of fifteen () feet. For Shopping centers and multitenant projects only, this sign area may be increased to not exceed one hundred (00) square feet. b. If the lot has multiple frontages, one () additional monument sign may be installed on a second right-of-way frontage, with a sign area not to exceed thirtytwo () square feet, and with a maximum height of eight () feet. For shopping centers and multi-tenant projects only, this sign area may be increased to not exceed forty-eight () square feet. ii) Wall signs: a. The attached wall sign on the front of the business shall not to exceed one () square foot in area for every one () foot of building frontage, not to exceed eighty-four () square feet. For shopping centers and multi-tenant projects only, this sign area may be increased to not exceed one hundred (00) square feet. b. Two () additional wall signs are allowed for the side and/or rear wall of the business, where the sign area does not exceed forty-two () square feet per sign. For shopping centers and multi-tenant projects only, the sign area may be increased not to exceed fifty (0) square feet per sign. iii) Hanging signs: a. A maximum of two () signs for each business. b. The total combined sign area for all signs at each business shall not exceed eight () square feet. c. Signs shall be erected so the bottom of the sign is at least eight () feet above the ground surface directly below the sign. Cocoa Beach, Florida, Land Development Code Page

0 0 d. No sign may project into any adjacent property, designated vehicular travel or parking area or public right-of-way.. The following classes of signs are prohibited in CT-, CG, CN, and PS- districts: a. Prohibited signs as defined in Section -. E. Other district regulations: Signs in the B-, Public and Recreational Open Space District, are prohibited except signs erected by any governmental entity. Signs in newly annexed areas are allowed to remain until the land has been properly zoned for use, at which time they must conform to the requirements for the appropriate zoning district and are subject to the time limits for removal of signs stated in Section -. Such time limits start with the effective date the zoning was approved. Section -0-0 Reserved. ARTICLE II. SPECIAL SIGN PROVISIONS Section -0. Signs Not Requiring a Sign Permit Section -0. Displays Allowed, Not Classified as Signage Sections -0 -. Reserved Section -0. Signs Not Requiring a Sign Permit The following signs do not require a sign permit, but they must comply with the appropriate construction, erection, maintenance and inspection standards and setback, area, height and location requirements: A. Temporary signs in residentially zoned districts which offer personal property for sale, rent or lease, provided they are all located and sized in accordance with Section -0(C). B. Permanent signs in residentially zoned districts which do not exceed four () square feet in area that provide property identification names, numbers or names of occupants; or signs posted on private property relating to private parking or warning against trespassing or danger. C. One () shingle sign, not exceeding four () square feet in area, over a window or door of a business announcing only the business owner s name and/or the nature of the business, plus one () door business access sign for each exterior door used to identify the name of the business accessed through the door, which has a maximum sign area of one () square foot per door sign. D. Flags and insignia of any government, except when displayed for commercial promotion or advertising, and banners except as specified in Section -(E). (See also Section -0(C)) E. Legal notices and identification, information or directional signs erected or required by governmental entities. Such signs shall not exceed thirty-two () square feet, unless an increase in size is required as determined by the City Manager. F. Integral decorative or architectural features of a building except such involving letters, trademarks, moving parts, or moving lights. G. Signs affixed to windows of retail businesses only, except as may be prohibited by Section -. Signs on windows shall not exceed twenty-five () percent of the total glass area square footage, or the area as specified by the zoning district where the business is located. The remaining required open space of windows shall remain unencumbered or blocked by any objects or items which are not either affixed to, or part of the window, such as shades, blinds or curtains. H. A sign painted on the business door or window limited to name of proprietor, name and nature of business, hours of operation and emergency telephone numbers. I. Directory signs for businesses shall not exceed eight () square feet for each occupant, affixed to a wall or ground sign, provided however, that these must be within allowable signage area. Cocoa Beach, Florida, Land Development Code Page

0 0 J. Memorial signs or plaques for buildings when cut into any masonry surface or when constructed of bronze or other noncombustible materials as approved by the building official. K. No restrictions are placed on signs located wholly within a building, which is not visible from outside of the building. L. Signs permanently affixed to vehicles that do not increase the size of the vehicle which are either painted on, magnetically attached, or otherwise permanently attached to operable and properly licensed vehicles regularly used in conducting the business advertised on the vehicle. (See also Section -(J)). M. Non-advertising informational signs which provide information regarding merchandise type, safety information, instructions on use, or other information, such as fuel pump signage. O. Signs repainted or repaired for maintenance purposes, including required upgrades. Section -0. Displays Allowed, Not Classified as Signage A. Stringlites and ropelites used for the purpose of outlining or enhancing landscaping only at ground level, provided such lighting complies with the electrical/building codes. B. Building or window painting, provided such painting is artistic in nature, such as a mural, which does not include wording, symbols or logos which advertises the business or the business products or services. C. A commercially zoned lot shall be allowed to display three () flags. Flags shall be limited to a cumulative total of one hundred five (0) square feet. Flag poles require engineered drawings for construction, and shall be required to meet all free standing sign setbacks in the district they are located. All flags must be lawfully displayed and properly maintained at all times. Flags displayed in residential areas. Sections -0 -. Reserved ARTICLE III. PROHIBITED AND NONCONFORMING SIGNS Section -. Prohibited Signs and Displays Section -. Nonconforming Signs Section - -. Reserved Section -. Prohibited Signs and Displays The following signs are prohibited within the City limits: A. Signs on seawalls and retaining walls. No message or commercial advertising sign other than those placed by a governmental entity shall be attached, painted or applied to any seawalls or retaining walls bordering any body of water or waterway, except attached to commercially zoned properties, or as exempted by Section -0(L). B. Signs on public utility poles and trees. No sign of any type, except signs posted by the utility to their poles, shall in any way be attached to any public utility poles or trees. Paper and cardboard signs are prohibited to be used as any type of sign throughout the City. C. Signs obstructing clear passage. No part of any sign shall in any way be attached to or located to obstruct any fire escape, access or ventilation device which prevents free passage from one () part of a roof to another. D. Sign over public property. No sign shall extend over public property or public right-of-way except:. The projection signs that are over eight () feet high, measured from the bottom of the sign. Cocoa Beach, Florida, Land Development Code Page

0 0. A marquee sign on an awning or canopy which extends over the public sidewalk, or sandwich signs (menu boards) in the commercial zoning districts of the Downtown District. Said marquee signs shall not be placed in, on or over the City right-of-way without permission from the City Manager or designee. E. Banner signs. Banner, balloons, pendants, streamers, or other types of attention getting devices, except temporary signs in accordance with Section -0(B) as approved by the Administrator. Banner signs may not be placed across any street or thoroughfare without the approval of the City Manager or designee and the Florida Department of Transportation (FDOT), where appropriate. F. Illumination features. No sign shall be located where it can be seen from any street or highway that in any way resembles a traffic signal or emergency vehicle light. This includes any rotating and/or flashing signal lamps of any color, similar to those used on emergency vehicles. G. Off-site signs. Off-site advertising, which promotes or advertises a business off of the property where the business is physically located, except signage permanently affixed to a trailer or vehicle, is prohibited within the City limits. This includes any type of advertising on the Atlantic Ocean Public Beach for any business, whether by a sign placed or located on the Beach, temporary or otherwise, or carried or worn by any person on the Beach. This excludes business names and trademarked symbols which are located on equipment, gear, clothing or other personal items or effects which are manufactured, produced and/or sold by said business. H. General. The following signs, sign features, or attention getting devices are prohibited:. Bullseye, spiral, divergent, sequential, flashing or intermittent lights or messages designed to draw and focus attention to a single point.. Spectacular signs, with the exception of changeable message boards and/or electronic reader board signs, are allowed in accordance with the following: a. The display of each different message must each be displayed for a minimum five () seconds, before changing to a new message. b. The transition between messages must not flash once the new message is displayed.. Signs which are held by a person and twirled, and any type of rotating paddle signs which change the displayed message when the paddles are rotated.. No sign of any kind shall be located, to in any way interfere with, block the view of, resemble or look similar enough to be confused with any authorized traffic signal, sign or device.. No sign shall use words of warning, such as "STOP," "LOOK," "DANGER," or any word, phrase, symbol or character that in any way interferes with, distracts or confuses motorists.. No sign of any kind shall be located to interfere with the clear line-of-sight for motor vehicle, bicycle or pedestrian traffic. Any signs found to be in violation will be immediately removed at the sole discretion of the City Code Enforcement Officer. I. Signs on glass visible from a public right-of-way shall not exceed twenty-five () percent of the total square footage of the glass area on which the sign is located, or as more specifically designated in each separate zoning district in Chapter II of these regulations. J. A trailer or vehicle sign, when not permanently affixed to the trailer or vehicle, which is parked for the intended purpose of adding additional signage beyond that which is allowed by this Code. This provision does not apply to a trailer or motor vehicle which has a business identification sign permanently affixed to it, which is operable, properly licensed, and regularly used for the daily operation of the business, which does not remain parked on the business property for any extended or excessive period of time as determined by the Code Enforcement Officer, or when it is parked temporarily at any other location, such as the operator s residence, or while the operator of the vehicle is conducting business. K. No illuminated sign or display shall be located as to violate City Code Section -. Cocoa Beach, Florida, Land Development Code Page

0 L. Any other signs not specifically identified as being allowed are classified as being prohibited. Section -. Nonconforming Signs All signs lawfully in existence which do not conform to the provisions of this Chapter are declared nonconforming signs. It is the intent of this Article to eliminate nonconforming signs expeditiously and fairly, and to avoid any unreasonable invasion of property rights. No nonconforming sign shall be changed, expanded or altered in any manner which would increase the degree of its nonconformity, or be structurally altered to prolong its useful life, or be moved in whole or in part to any other location where it would remain nonconforming. A. Termination by abandonment or close of business: Any nonconforming sign structure determined to have been abandoned due to the business closing down or relocating shall be presumed to be abandoned and cannot be reestablished except in compliance with this Chapter, excluding any such period caused by actions or events not caused by the property owner, such as natural disaster, government actions, or other acts of God. Signs related to a business which has closed or relocated shall be terminated on the date the business moves out. In the case of multi-tenant signs advertising more than one () business, the property manager or owner shall work with the Administrator to make any changes to the messages on said signage, and a sign permit shall be required. B. Termination by damage or destruction: Any nonconforming sign damaged or destroyed, by any means, to the extent of more than fifty (0) percent of its current replacement cost, as determined by a cost estimate provided by the sign contractor at the time of application, and as approved by the Administrator, shall be terminated and shall not be restored, except in compliance with this Chapter. C. Termination by redevelopment, maintenance or repairs: Whenever any revisions, modifications, maintenance or repairs are made which affects the signage on a building or a site, to the extent of more than fifty (0) percent of the signs current replacement cost, as determined by a cost estimate provided by a sign contractor licensed to do said work at the time of application, and as approved by the Administrator, then all affected signs and sign structures shall be brought into compliance with the current City and Building Codes, or be removed. D. Termination by amortization: Any nonconforming sign which has not yet been terminated pursuant to any other provision of this Chapter shall be terminated within twenty () years of the effective date of the original sign permit. An owner of an amortized sign, as to height and size, is prohibited from applying for a variance to cure the sign s failure to conform with the provisions of this Chapter. Any remaining nonconforming sign which has gone through the Uniform Master Sign Plan resolution process, prior to September,, shall be terminated and removed by May,. It shall be the property owner's burden to register the nonconforming sign and provide substantial competent evidence of the date of the original sign permit. If such proof of the original sign permit date cannot be provided to the Administrator, said nonconforming sign shall be terminated and removed no later than May.. Sections - -. Reserved Cocoa Beach, Florida, Land Development Code Page

0 0 ARTICLE IV. SIGN PERMITTING; FEES; PLACEMENT; AND MAINTENANCE Section -. Sign permitting and Inspections Section -. Sign Permit Fees Required Section -. Criteria for Placement of Signs Section -. Sign Maintenance Required Section -. Uniform Master Sign Plan Requirements Section - -. Reserved Section -. Sign Permitting and Inspections A. No sign, unless herein exempted under Sections -0 or -0, shall be created, erected, altered, placed or relocated, until a permit has been issued by the City Development Services Department. All signs shall be approved separately and apart from building permits and site plans. B. Permit applications shall be submitted to the Development Services Department for approval prior to the erection, modification, or placing of any proposed sign. As determined by the Administrator for the type of sign being permitted, the application shall consist of a scaled site drawing showing the detail and dimensions of said sign, along with the dimensions of the building and proposed location of the sign(s). For new ground signs, applications shall be accompanied by a current lot survey made by a land surveyor licensed in Florida. All applications shall include an affidavit from the owner of the lot, giving permission to apply for such permit. No sign permit shall be issued for identification of a business unless the business has been issued a Business Tax Receipt (BTR) License. The owner of a multi-tenant building may obtain a permit for a sign that is designed to serve the entire property. Where signs are being modified, a survey of the lot may not be required. C. All signs which are electrically illuminated shall require an electrical Building Permit. D. Applications for ground and roof signs may require engineered drawings as determined by the building official, which shall be sealed by a Florida registered professional engineer. All sign components shall be designed to withstand the minimum wind load required by the building code. E. All signs shall receive final inspection by the City within one hundred eighty (0) days of permit issuance. One () extension of one hundred eighty (0) days may be granted by the building official upon the applicant demonstrating that the work can be completed within that time frame, the delay was unavoidable, and denial of the extension would create an undue hardship. F. Multiple businesses: Where a lot is occupied by multiple businesses (e.g., a shopping center), sign permits shall be issued in the name of the property owner or agent, rather than in the name of the individual businesses. The City shall enforce only the provisions of this Chapter and not the provisions of any private restrictions or covenants. G. No new or altered sign shall be approved for use until inspected by the City and found to be in compliance with this Chapter and any applicable technical codes, such as:. The installation and erection of all signs and their structural, electrical and safety features shall be in accordance with the Florida Building Code, the National Electrical Code, and all City Codes.. All signs shall comply with provisions of the zoning district in which they are located.. Prior to final inspection of new ground signage, the applicant shall submit a special purpose or certification of location from a land surveyor licensed in Florida, to be kept as a permanent record by the City. H. All signs are subject to periodic inspection by the City. All parts of all signs shall be maintained in a state of good and safe repair, remain in compliance with all building codes and, if painted, they shall be touched-up or repainted whenever the paint is peeled, blistered, or faded, as required. The area immediately surrounding ground signs shall be kept free of all untended vegetation and debris. The Cocoa Beach, Florida, Land Development Code Page 0

0 0 Code Enforcement Officer shall inform the owner in writing when any requirements of this Chapter are violated. Section -. Sign Permit Fees Required Upon approval of the applicant s sign permit, the applicant agrees to pay any required building and electrical permit fees, and any sign permit fee(s) as approved by resolution by the City Commission. These permit fees shall be applicable and include a plan review fee, a sign base fee, a re-inspection fee, and a double fee for signs placed without the required permits and/or fees being paid. Section -. Criteria for Placement of Signs The size, number, height and placement of signs is dependent upon the zoning district in which the sign(s) will be located. All signs shall comply with the standards specified in this Chapter, and failure to comply shall be considered a violation of this Chapter and/or result in the denial of a requested permit. A. Determining area: For the purpose of determining the area of signs, the total area is that which is located within the exterior framework which contains the entire sign face, regardless of the shape of the sign. Three-dimensional signs shall be measured at the largest vertical cross section. B. Combination of signs: Except where specifically allowed, the areas of more than one () sign may not be combined to allow a larger size, height or sign area, than that listed for a single sign in the zoning district. C. Display of sign permit number: All signs requiring a permit shall prominently display the permit for the sign on the property where the sign is located. D. Measurements: Measurements for setback and location of authorized signs shall be made in a straight line from that portion of the sign nearest the property boundary, to the property boundary. Except for the thickness of wall signs, no sign shall project into or over public property or right-ofway, whether affixed to a building or otherwise. The height of signs shall be measured from the developed grade level on the property, next to the nearest street paving or paved pedestrian sidewalk, to the highest point of the sign, including all decorative portions of the sign. The following measurements apply to the type of sign listed:. Ground or monument signs: a. Ground or monument sign: The front setback shall be a minimum of five () feet, the side street setback shall be a minimum of twenty-five () feet, setbacks from abutting properties shall be a minimum of twenty-five () feet when the property frontage width is greater than one hundred (00) feet, or a minimum of five () feet when the property frontage is one hundred (00) feet or less. No ground or monument sign shall be located closer than fifteen () feet from any other ground or monument sign. b. Ground or monument signs located next to an access driveway shall be located so that their placement does not constitute a public safety or sight visibility hazard as determined by the City Engineer.. Marquee, canopy, projecting, shingle, and/or hanging signs: The bottom of all marquee, canopy, and/or hanging signs shall be a minimum of eight () feet above the ground surface directly beneath the sign. Signs attached to a marquee or canopy are considered wall signs and not projection signs, and for the purposes of these regulations they may not extend more than twelve () inches beyond the limits of the awning, marquee, or canopy.. Roof signs: Roof signs may only be permitted where it can be demonstrated by the applicant that it is not possible to adequately identify the commercial use on the commercial property by the use of any other type of approved signage in a commercial zoning district. Roof signs are not allowed in residential zoning districts. Roof signs are not allowed where a commercial property or business is already being served and identified by a pole, monument or wall sign. The maximum height of roof signs shall be eight () feet above the point where the roof and Cocoa Beach, Florida, Land Development Code Page

0 0 sign are connected, but in no case shall the top of any roof sign be higher than the top of the roof, except in the case of a special hardship, as determined by the Board of Adjustment, when a ground sign cannot be installed because the location of the principal structure prohibits such ground installation. If approved by the Board of Adjustment, a roof sign may be installed up to eight () feet beyond the highest point of the roof with the same sign area allowed for ground or monument signs. This provision does not preempt or provide variance to any other regulation regarding maximum height of structures or attachments to buildings that may be found in these LDC regulations, the Comp Plan or the City Charter.. Wall signs: Wall signs may not project more than twelve () inches from the wall and may not extend above the roof or facade line, nor shall they overhang a property line or public right-ofway. Wall signs attached to and extending below a marquee or canopy are considered hanging signs, and the bottom of these signs shall be a minimum of eight () feet above the ground surface directly beneath the sign. Wall signs on multi-story multi-tenant buildings and shopping centers shall not be located above the second story of such buildings, unless their location is approved in a Uniform Master Sign Plan. E. Number of signs: A sign shall be considered to be a single display surface containing elements organized, related or composed to form a unitized message. Signs consisting of a group of detached letters or two () or more panels on the same plane and on the same supports, presented as a single display, shall be considered as one () sign and the area shall be as defined above. A doublefaced sign in which the faces are parallel and opposite shall be considered a single sign and the area shall be computed using only one () sign face. Temporary signs shall not be counted in the allowed number of signs. F. Pitched roofs: Buildings with pitched roofs may erect roof signs parallel to the street in place of allowed wall signs. The top of these signs may not exceed the roof peak height, except as allowed in subsection D () above. G. Required signs: All residential and commercial buildings located within the City shall have street numbers, a minimum of four () inches in height, displayed in such a way as to be visible from the nearest street, in order to comply with the Brevard County E- Addressing requirements. In shopping centers, these numbers can be displayed on ground signs. Residences can meet the requirement if street numbers are displayed on mailboxes visible from all directions of traffic flow. H. Neon signs: The use of neon gas illuminated signage is allowed, in accordance with all other regulations of this Chapter. Section -. Sign Maintenance Required All signs, including exempt signs, shall be maintained in a structurally sound condition, and in generally good repair. Permanent signs shall be maintained in accordance with the Florida Building Code, which requires that all signs be maintained to prevent rust and corrosion. If any part of the sign is painted, it shall be touched-up or completely repainted as required, as the condition of the sign dictates. Any sign damaged beyond repair as determined by the building official, shall either be repaired or removed at the property owner s expense within thirty () days of being noticed in writing by the City. Nonconforming signs damaged beyond repair can only be replaced with new signs in compliance with all current City Codes, and a new sign permit shall be required. Signs not repaired or replaced within thirty () days shall constitute a public nuisance and be removed at the property owner's expense. Section -. Uniform Master Sign Plan Requirements A. Uniform Master Sign Plan (UMSP) Requirements: A property owner may elect to submit a Uniform Master Sign Plan (UMSP) with the Administrator as an alternative, and in lieu of meeting the strict requirements of paragraphs (a) through (e) of Section -0 above, if any of the following situations exist: Cocoa Beach, Florida, Land Development Code Page

0 0. When a person owns two () or more contiguous lots, which may or may not be separated by streets or alleys.. When a person owns a single lot with more than one () principal building on said lot.. When a property contains a condominium project.. When competing businesses are located adjacent to or directly across from their competition and the two () businesses are located within different zoning districts.. When a property owner is desirous of implementing modifications and/or changes to their existing nonconforming signage.. When signs are located within the B- or the PS- zoning districts. B. At a minimum, the UMSP application must contain the following:. An accurate site plan of the lot or lots, drawn to scale, which accurately shows the location of all buildings, structures, parking lots, driveways, pools, fences, landscaped areas and the accurate location of all existing and all future proposed signs, excluding incidental and temporary signs.. Computations of the maximum total combined sign area of all signs, the sign area for all individual signs, the height of all signs and the number of freestanding ground signs on the lot(s).. Photographs of all existing signage and drawings of all proposed signage, including colors, lettering style, symbols, construction methods and materials, and lighting, along with all sign area computations for all proposed new signs. C. A UMSP can accommodate up to a twenty () percent increase in the maximum total combined sign area allowed for each included lot, in accordance with the following restrictions:. No ground sign area may be increased above the maximum allowable area specified in paragraphs (a) through (e) of Section -0, above.. No more than two () total and additional monument signs may be added to the lot(s). Each of these two () additional signs must meet the criteria of the second monument sign, as specified in paragraphs (a) through (e) of Section -0, above; and,. No more than two () total and additional wall signs may be added to the lot(s). Each of these two () additional signs must meet the criteria of the side or rear wall signs, as specified in paragraphs (a) through (e) of Section -0, above. D. Following submittal of a UMSP the Administrator shall review the proposed plan and request and/or recommend modifications as needed, to meet the intent and purpose of these regulations. All UMSPs must be approved by resolution of the City Commission following recommendation and/or conditions as provided by the Administrator. E. Additional requirements: The UMSP must be designed so that it establishes and follows a common signage theme and/or design, uses similar and compatible construction methods, colors, lettering, symbols, scale and size, and backgrounds. The applicant shall not be allowed to receive any sign permits until the UMSP has been approved by resolution of the City Commission. If a UMSP has been approved, all subsequent sign permit requests must verify that the sign being requested is one () of the approved signs listed on the UMSP. Sections - -. Reserved ARTICLE V. SIGN REMOVAL; EXCEPTIONS; AND APPEALS Section -. Penalties and Violations Section -. Interpretation Cocoa Beach, Florida, Land Development Code Page

0 0 Section -. Removal of Signs Section -. Exceptions and Appeals Sections - -. Reserved Section -. Penalties for Violation It shall be unlawful to violate any of the provisions of this Chapter and any violation shall be punished in a manner provided by City Code of Ordinances Chapter. Each day of violation shall constitute a separate offense. Section -. Interpretation This Chapter shall be interpreted by the Administrator. Section - shall be interpreted by the Chief Building Official. Disputes and appeals shall be referred to the City Manager and/or the Board of Adjustment in accordance with the provisions of Chapter I, Article IX. Section -. Removal of Signs A. Removal of business signage is the responsibility of the property owner. When a business moves or closes, all signs, including their supports, may remain, provided the sign structure is in compliance with current Codes, the printed advertisement is removed, and the sign is maintained in good condition. If any part of the sign face, frame or structure is removed and not replaced within thirty () days of being removed, the entire sign structure must be removed. Portable signs must be removed per Section -0. B. Any unauthorized or prohibited sign located on any City property, public rights-of-way, utility poles or trees will be removed by the City without notice to the owner of the sign. Such signs shall be stored by the City for five () days before being destroyed or discarded. If the owner of the sign is known, a Notice of Violation against City Code may be issued in accordance with City Code Chapter. Section -. Exceptions and Appeals A. The Administrator may exempt legal nonconforming signs from the requirements of this Chapter related to height, sign area, and projection from the building, if the sign owner can demonstrate that the nonconformity is within twenty () percent of each specific requirement. However, in no instance may a ground sign exceed eighteen () feet. A sign must be brought into compliance if it is substantially damaged beyond fifty (0%) percent of its current replacement value. Signs with multiple nonconformities must cure all other sign nonconformities before an administrative waiver or Board of Adjustment variance can be requested for the single remaining nonconformity. B Rooftop sign exemption: The Board of Adjustment may approve an exemption from the provisions of this Chapter pertaining to rooftop signs at a height greater than forty-five () feet based on a finding that:. It is a preexisting sign.. The Board of Adjustment deems it to be the optimum design for the specific site conditions.. The sign does not detract from surrounding businesses.. The sign area does not exceed that allowed for a roof sign within the zoning district where it exists. C. Previously granted sign variances: Sign variances granted prior to the effective date of these LDC regulations, except those granted for the location of the sign, are repealed. Any remaining sign granted a variance prior to the effective date of these LDC regulations, that is not in compliance with this Chapter, shall be treated under this Chapter as a nonconforming sign, and Section -(D) above shall be enacted on said nonconforming signage. Sections - -. Reserved Cocoa Beach, Florida, Land Development Code Page