§ 72-298. Sign regulations.

The following sign regulations shall apply within the unincorporated area of Volusia County, Florida, including areas with previously approved community development plans. For purposes of interpretation, the term "residential planned unit development, RPUD", shall include the term "community development plan, CDP".

(1)

Exempt signs: The following signs are exempt from the provisions of this article:

a.

Signs not exceeding 1.5 square feet in area when limited in number to two per lot.

b.

Two-dimensional or three-dimensional figurines not exceeding four feet in height and string lighting, not to exceed seven watts per bulb, provided that no more than ten figurines are permitted on a lot, for a period not to exceed 30 consecutive days, not to exceed four times per calendar year.

c.

Signs carried or worn by a person.

d.

Notices required by local, state or federal law or to provide notice of dangerous conditions.

e.

Flags which are limited in number to four per lot and size to four and one-half feet by six feet.

f.

One temporary sign with 4.5 square feet or less of copy area.

g.

Window signs.

(2)

Prohibited signs: Except as otherwise provided in this article, the following signs are prohibited in all zoning classifications established in division 7 of this article:

a.

Signs erected on public property or public rights-of-way except those placed on public transportation benches or shelters as approved through a competitive selection process of the county.

b.

Signs affixed to trees, shrubbery, vines, utility poles or beach sand dune walkover structures.

c.

Festoon and/or sandwich signs.

d.

Off-premises signs which do not comply with the requirements of subsection (9) of this section.

e.

Temporary projecting signs.

f.

Any sign that obstructs the sightline at private or public driveways as determined by section 72-619.

g.

Signs erected upon or in view of any highway which purport to be or are an imitation of or resemble official traffic-control devices or railroad signs or signals or which attempt to divert the movement of traffic or which hide from view or interfere with the effectiveness of official traffic-control devices or any railroad signs or signals. The zoning enforcement official shall consult with the county traffic engineer and receive his recommendations before making a determination as to whether or not such sign is in violation of this article.

h.

Revolving sign or signs which utilize intermittent or flashing illuminating devices and which result in changing light intensity, brightness, or color, or move or appear to move.

i.

Electronic message centers that do not comply with subsection 72-298(8)b.6. of this section.

j.

Portable signs.

k.

Signs affixed to or painted upon a retention wall.

l.

Roof signs, whether erected, constructed or painted on or above the roof of a building or structure.

(3)

Number of signs: For the purpose of determining the number of signs, a single sign shall be construed to be a sign that has its copy area on one side and contains elements organized, related and composed to form a single unit. A projecting or ground sign with sign copy area on both sides shall be construed as a single sign provided both copy areas are not more than three feet apart at their closest point, and that they describe an internal angle between the copy area planes extended to no more than 30 degrees. (See subsection (6) herein, for example of methods to determine the number of signs.)

(4)

Copy area square footage: A sign's copy area square footage shall be calculated by including the entire area within the periphery of the sign's surface area upon which copy is displayed and also the entire area within the periphery of a regular geometric form, or combinations of regular geometric forms, comprising all of the copy area and including all of the elements of the matter displayed, but not including structural elements of the sign bearing no copy. The total copy area of a projecting or ground sign with sign copy on both sides shall be determined by computing the area on a single side, provided both sides are equal in size and contained within a common perimeter. (See subsection (6) herein, for examples of measuring the copy area of various signs.)

(5)

Maximum sign number and copy area: When the maximum number of signs and the maximum allowable copy area is specified, the maximum number of signs shall not be exceeded even though the maximum allowable copy area is not used. Signs exempted from this article by subsection (1) and temporary signs shall not be calculated in determining the maximum number and area of signs permitted on a premises.

(6)

Examples of sign number, copy area and measurement:

_____

(7)

Application of regulations, FR, RC, C, A, R, MH classifications: The following regulations contained in this subsection shall apply in the FR, RC, C, A-1, A-2, A-3, A-4, RR, RE, RA, R-1 through R-9, MH-1 through MH-8, OTR, ORE, OCR, SWC, and residential use areas in the OMV, OUR, SWC, SWR, RPUD and MPUD classifications established in division 7 of this article:

a.

Maximum allowable sign copy area permitted per premises:

1.

Single-family and two-family residential permitted principal uses: 4.5 square feet (except entrance signs denoting the name of a subdivision) for a lot with less than five acres in area; 32 square feet for a lot with five acres or more of area.

2.

Multifamily residential permitted principal uses: 16 square feet.

3.

Nonresidential permitted principal uses or permitted special exceptions: 32 square feet.

4.

Nonconforming uses: 32 square feet.

5.

Signs located at the entrance of a residential planned unit development, subdivision, mobile home park, or recreational vehicle shelter and park: 60 square feet.

b.

Maximum number of signs permitted:

1.

Single-family and two-family residential permitted principal uses: One per lot.

2.

Multifamily residential permitted principal uses: One per street frontage.

3.

Nonresidential permitted principal uses or permitted special exception: One per street frontage.

4.

Nonconforming uses: One per street frontage.

5.

Signs located at the entrance of a residential planned unit development, subdivision, mobile home park or recreational vehicle shelter and park: Two per entrance.

c.

Maximum height of signs: The height shall not exceed 12 feet measured from finished grade to the highest point on the sign.

d.

Minimum distance from lot lines: No signs shall be located closer than five feet from any lot line.

(8)

Application of regulations; P, B and I districts: The following regulations contained in this subsection shall apply in the P, B-1, B- 2, B-3, B-4, B-5, B-6, B-7, B-8, B-9, I-1, I-2, I-3, 1-4, OCV, OTC, AP, BPUD and the commercial, industrial, and vertically integrated residential/commercial use area of the OMV, OUR, SWC, SWR, RPUD and MPUD classifications:

a.

Maximum copy area permitted per premises:

1.

A premises or leased parcel of land having only one permitted principal use or structure located thereon: 1.5 square feet for each linear foot of total lot frontage on a street for the first 200 feet, plus 0.5 square feet for each linear foot of frontage thereafter.

2.

A premises or leased parcel of land having more than one permitted principal use or structure located thereon: 2.5 square feet for each linear foot of total lot frontage on a street for the first 200 feet, plus 0.5 square feet for each linear foot of frontage thereafter.

3.

Signs located at the entrance of a commercial or industrial subdivision, park or planned unit development: 60 square feet.

b.

Requirements by sign type:

1.

Ground signs:

i

Only one ground sign may be erected per street front.

ii

The copy area shall not exceed five square feet for each ten feet of street frontage, but in no event shall the maximum copy area exceed 125 square feet.

iii

The height shall not exceed 30 feet measured from finished grade to the highest point on the sign, except that signs in the B-6 zoning classifications shall not exceed 50 feet in height.

iv

A clearance of nine feet between the finished grade and the bottom of the sign shall be maintained for any portion of the sign which extends over any sidewalk.

v

On any premises abutting the Atlantic Ocean, no ground signs shall be erected between a principal building and the ocean.

vi

Signs within the thoroughfare overlay zone areas must comply with subsection 72-297(j).

vii

Signs within a non-urban land use category must comply with subsection 72-297(j).

viii.

Signs within the AP zoning classification must comply with the requirements under the AP classification, as described in chapter 72, division 7 of the Volusia County Code.

2.

Marquee signs:

i

Only one marquee sign shall be erected to or hung from a marquee, and such sign when hung from a marquee shall be at least nine feet at its lowest level above the sidewalk or ground level, and further, such sign shall not extend outside the line of such marquee.

ii

Except as provided in subsection 2.i. above, a marquee sign may be erected to the sides and front of a marquee, and such sign may extend the entire length and width of said marquee, provided such sign does not extend more than six feet above, nor one foot below such marquee; but under no circumstances shall the sign have a vertical dimension greater than eight feet.

3.

Projecting signs:

i

Only one projecting sign not exceeding a maximum copy area of 32 square feet may be erected on any premises.

ii

A projecting sign may extend more than 12 inches but less than four feet beyond the wall of the building to which it is attached.

iii

A minimum clearance of nine feet above the finished grade of a sidewalk shall be maintained.

4.

Wall signs: Only one wall sign shall be permitted for each organization or business establishment. The copy area shall not exceed two square feet for each linear foot of building frontage up to a maximum of 750 square feet. On corner or double frontage lots, a maximum of two wall signs are permitted provided that one of the sign's copy areas shall be figured on the basis of half of the percent allowable for lots that front along a single street. Wall signs may be erected on any wall.

5.

Canopy signs. Signage shall meet the requirements of this section [72-298] of this article; provided, however, up to 16 square feet of copy area containing the name, logo, initials, or other identification symbol of the business may be displayed on attached or detached canopy structures. If the total copy area of signage located on the canopy structure exceeds 16 square feet, the canopy shall be considered a ground sign.

6.

Electronic message centers.

i.

An electronic message center shall only be located on parcels zoned P, B-1, B-2, B-3, B-4, B-5, B-6, B-7, B-8, B-9, I-1, I-2, I-3, I-4, OCV, OTC or the following subcategories of PUD, BPUD, IPUD, and MPUD, as described in chapter 72, division 7 of the Volusia County Code.

ii.

The conversion of any existing permitted sign to an electronic message center or the installation of an electronic message center on or within an existing permitted sign shall require the approval of a new county sign permit pursuant to the procedures described in subsection 72-298(13), Volusia County Code.

iii.

The maximum sign area of the electronic portion of an electronic message center shall not exceed 40 percent of the total sign area allowed for ground signs, or 34 square feet, whichever is less.

iv.

An electronic message center may only be constructed on a parcel of land having a minimum of 100 feet of roadway footage. Recognized existing nonconforming parcels may seek a variance from this restriction, provided they meet the variance criteria and requirements of subsection 72-379(1)a.4. of this Code.

v.

An electronic message center must be set back at least five feet from the right-of-way, and shall be part of a ground-mounted monument style sign no greater than eight feet above grade. An electronic message center may not be installed on an existing permitted sign which is taller than eight feet above grade.

vi.

An electronic message center shall not be installed within 1,000 linear feet of a conforming single-family residence as measured along each side of the right-of-way.

vii.

An electronic message center with a sign face on two sides and no more than 4.5 feet of separation between faces shall be considered a single sign, and the total sign area shall be the area on a single face.

viii.

The copy content of an electronic message center may change at intervals of no less than eight seconds. The content image must remain stable; continuous scrolling or flashing of the image is prohibited.

ix.

The copy content of any electronic message center shall not contain effects that are designed to resemble a traffic signal or emergency vehicle strobe lighting.

x.

A malfunctioning electronic message center shall be programmed to turn off or otherwise display a blank screen. Electronic message centers must be equipped with software programming controls that automatically turn the sign off if the display is malfunctioning in any way.

xi.

Exposed neon or fiber-optic tubing on electronic message centers is prohibited.

xii.

If city gateway standards apply to any proposed electronic message center in accordance with the nonresidential design standards of section 72-303, Volusia County Code, and the standards found in the Code of the city at issue differ from those found in the Volusia County Code, then the most restrictive provision shall apply.

xiii.

Electronic message centers are prohibited within the sea turtle lighting ordinance boundary area described in chapter 72, division 12 of the Volusia County Code.

xiv.

Electronic message centers shall be equipped with a sensor or other device that automatically determines the ambient illumination and can be programmed to automatically dim according to ambient light conditions, or that can be adjusted to comply with the 0.3 foot-candle measurements.

xv.

For purposes of operating electronic message centers, the difference between the off and solid message measurements using the electronic measurement criteria described herein shall not exceed 0.3 foot-candles. The illuminance of an electronic message center shall be measured with an illuminance meter set to measure foot-candles accurate to at least two decimals. Illuminance shall be measured with the electronic message center off, and again with the electronic message displaying a white image for full color-capable signs, or a solid message for single color signs. All measurements shall be taken perpendicular to the face of the electronic message center at a distance determined by the total square footage of the sign as set forth in the accompanying "Electronic Message Center Sign Area Versus Measurement Distance Table" below:

Electronic Message Center Sign Area
Versus Measurement Distance

AREA OF SIGN SQUARE FEET	MEASUREMENT (DISTANCE IN FEET)
10	32
15	39
20	45
25	50
30	55
35	59

 

xvi.

Existing nonconforming electronic message centers must be brought into compliance with the dimming and illumination provisions of this subsection (8)b.6. through the adjustment of existing hardware and/or software by October 1, 2012. Violations related to an electronic message center operator's failure to abide by the dimming and illumination standards of this subsection (8)b.6. will result in the immediate initiation of code enforcement procedures by the county. The owner/operator of the electronic message center may offer reasonable evidence to the code enforcement board that the electronic message center in question cannot be dimmed or adjusted to the standards listed herein.

xvii.

Nonconforming electronic message centers that do not comply with the location and size requirements of this subsection (8)b.6. shall be subject to the removal requirements of subsection (15) herein, titled "Nonconforming signs."

c.

Minimum distance from lot lines: No signs shall be located closer than five feet from any lot line.

(9)

Off-premises signs: Off-premises signs may only be erected in the B-6, I-1, or I-2 zoning classifications established in division 7, along federal-aid primary or interstate highways. Provided, however, such off-premises signs shall comply with the thoroughfare overlay zone regulations in section 72-297 and the nonresidential development design standards in section 72-303 if such sign is located in an area in which these regulations are applicable. Off-premises signs shall be included in the number of maximum signs and copy area allowed for the zoning classification in which it is to be placed. Said off-premises signs shall otherwise comply with the requirements of F.S. ch. 479 and chapter 14-10, Fl. Admin. Code.

(10)

Unlawful signs on public property or public right-of-way: Any sign erected on public property or public right-of-way in violation of subsection (2)a. of this section shall be removed by the zoning enforcement official.

(11)

Temporary signs:

a.

Temporary signs may be erected on a premises in accordance with the following requirements:

1.

Only one temporary sign may be erected on a premises for each 1,000 feet of street frontage.

2.

A temporary sign's copy area shall not exceed 4.5 square feet in the R-1—R-6, R-9, OTR, ORE, OCR and RE zoning classifications and 32 square feet in all other zoning classifications except the single- and two-family residential use portions of the RPUD and MPUD zoning classifications. Temporary signs erected in an RPUD or MPUD zoning classification shall not exceed 4.5 square feet in single-family and two-family residential use areas and 32 square feet in all other RPUD and MPUD use areas.

3.

Temporary signs shall not exceed ten feet in height measured from the finished grade to the highest point on the sign.

4.

All temporary signs may be authorized for a total period not to exceed three months during any calendar year. Said sign shall be removed upon the expiration of the above-described period.

5.

Temporary banner signs erected in accordance with this section shall not exceed 30 square feet in copy area.

b.

Conversion of temporary sign into permanent signs: Temporary signs (including portable signs) may be converted into permanent signs to be used for any purpose permitted by this article in accordance with the following requirements:

1.

All regulations contained in this article applying to erection of new permanent signs shall apply to conversion of signs, including all permit requirements.

2.

All exposed trailer frames, legs, service walkways, etc., shall be removed.

(12)

Shielding: The source of illumination from any sign shall be shielded in order to prevent a direct beam of light from shining onto a street or a residential single-family, two-family, or multifamily dwelling.

(13)

Sign permit application; permit required.

a.

A permit shall be required prior to erecting a sign unless otherwise exempt under subsection 72-298(1). An applicant shall deliver a completed sign permit application to, and on a form prescribed by the county manager or designee. The sign permit application shall be reviewed by the county manager or designee for a determination of whether the proposed sign meets the applicable requirements of this Code. The review of the sign permit application shall be completed within 20 calendar days following receipt of a completed application, unless otherwise agreed to in writing by the applicant, and any applicable fees, not counting the day of receipt and not counting any Saturday, Sunday or legal holiday which falls upon the first or the 20th day after the date of receipt, unless otherwise extended upon written request by the applicant for a specified number of days. A sign permit shall either be approved or denied, and the decision shall be reduced to writing. In the event the application is denied, the reasons for the denial shall be set forth in the written decision. In the event that no timely decision is rendered, the application shall be deemed denied. An appeal filed in accordance with section 72-378 of a denial for lack of timely decision by the county manager or designee shall not be charged an appeal fee.

b.

The decision of the county manager or designee shall constitute a final decision and shall be mailed by U.S. Mail or hand delivery. For the purposes of calculating compliance with the deadline for a decision upon an application, the decision shall be deemed made when deposited in the mail to the applicant.

c.

An application which is materially incomplete or which is not accompanied by the required fee shall not be deemed accepted and the time for review of the application shall not commence until a complete application accompanied by the required fee is filed with the county manager or designee.

d.

An applicant may appeal any decision of the county manager or designee made under this article to the county council in accordance with section 72-378.

(14)

Sign permit renewal fees: Except as otherwise provided in this article, a sign permit shall be valid for two years from the date of issuance. Thereafter, a sign permit may be reissued for the same sign for each successive biennial period upon payment of the permit renewal fee and late fee, if the permit was not renewed prior to its expiration. It shall be unlawful to maintain any sign without an original or renewed sign permit. The reissuance of a permit does not waive any other requirements of this article. It is the intent of this provision that the zoning enforcement official may inspect signs subject to the permit renewal fee in order to ascertain if any changes have been made to the sign since issuance of the permit, or renewal thereof, so as to ensure continued compliance with this article.

(15)

Nonconforming signs: All nonconforming signs other than electronic message centers shall only be made to conform with this article when structurally altered, or when said signs are destroyed or damaged by wind, fire, or other means to the extent of 60 percent or more of their replacement value. Existing nonconforming electronic message centers which cannot be brought into conformance with all requirements of this article through software or hardware adjustment shall be removed no later than October 1, 2021. Thereafter, all such nonconforming electronic message centers shall be deemed unlawful.

(Ord. No. 86-16, § XXXIV, 10-23-86; Ord. No. 87-14, §§ XXII, XXIII, 6-18-87; Ord. No. 89-20, §§ XLIV, XLV, 6-20-89; Ord. No. 90-34, §§ 80—89, 9-27-90; Ord. No. 91-11, §§ XXIV, XXV, 5-16-91; Ord. No. 92-6, §§ LXVII, LXVIII, 6-4-92; Ord. No. 94-4, § XCII—XCV, 5-5-94; Ord. No. 96-16, § I, 7-18-96; Ord. No. 98-25, § XLVII, 12-17-98; Ord. No. 2008-25, § II, 12-4-08; Ord. No. 2009-19, § II, 8-6-09; Ord. No. 2010-03, § I, 2-18-10; Ord. No. 2011-02, § IV, 1-20-11; Ord. No. 2011-25, § II, 9-22-11; Ord. No. 2012-06, § III, 5-3-12; Ord. No. 2013-08, § III, 5-2-13; Ord. No. 2018-05, §§ X, XXIV, 1-18-18; Ord. No. 2018-04, § VII, 4-17-18)