§ 74-150. Billboard replacement program.
(a)
Purpose. The purpose and intent of the billboard replacement program is to allow traditional and/or digital billboards within city boundaries facing the Palmetto Expressway, State Road 112 and facing that portion of I-75 that extends in an east-west direction, to substitute unsightly and unsafe roof-top or traditional billboards that possess legal nonconforming status, notwithstanding the prohibition of such signs as found elsewhere in this article. Such billboards facing the Palmetto Expressway, State Road 112 and facing that portion of I-75 that extends in an east-west direction. The billboard to be replaced in an existing location or a new replacement location may include LED sign face or faces subject to the compliance with the provisions of this section and the reduction of sign faces on the existing or replaced sign through a ratio of two sign faces for each LED sign face for traditional billboards.
(b)
Definitions. The following words, terms and phrases, when used in this section, shall have the meanings described to them in this section, except where the context clearly indicates a different meaning:
Automatic changing or digital billboard sign means a billboard that utilizes a mechanism to allow advertisements to rotate in succession.
Billboard means an off-site large outdoor structure that is predominately a sign in which the message or advertisement comprises an activity or business that is not operating or being conducted on the property in which the billboard is located. The words "billboard" and "sign" as used in this section are interchangeable since the regulations concern only billboards.
Embellishments mean a physical or structural extension to the billboard that enhances, emphasizes or directs attention to the sign message.
Grade means crown or highest elevation of the adjacent road.
Mobile billboard means a billboard that includes a sign, installed on or attached to a vehicle, or connected to a vehicle as a trailer, that is capable of transport. Mobile billboards cannot be parked in an open parking lot, parking space or open space, but must be garaged and not visible to the public, when the vehicle is not in transit.
Sign face means the sign surface where the advertisement is exhibited.
Roof-top sign means a billboard erected on top of a roof of a building.
Traditional billboard means a large outdoor structure, excluding a roof-top sign, which is predominately a sign where the advertisement does not rotate, but is stationary.
(c)
Regulations supplemental to state law. The provisions of this section are supplemental to state law and shall be construed to complement and be reconciled with state law, where possible. To the extent that there is an irreconcilable conflict with applicable state sign law, rule or regulation, state law shall prevail. In any event, signs facing state roads shall comply with state sign law, rule and regulations in addition to compliance with the provisions set forth in this section and in relocation and reconstruction agreements pursuant to F.S. § 70.20.
(d)
Location. The replacement sign permit as described in this section shall apply only to the relocation or replacement, repair or retrofit of existing permitted billboards facing the Palmetto Expressway, State Road 112 and facing that portion of I-75 that extends in an east-west direction that have a legal nonconforming status as of the effective date of this ordinance; provided, however, in no event shall the replacement or relocation of a billboard result in an increase in the number of billboards within the city. The replacement of roof-top billboards is encouraged through relocation and the replacement of interior signs or signs facing residential neighborhoods are preferred. A replacement, repaired, retrofitted or relocated sign may include one or more LED sign faces contingent upon the reduction of sign faces on the existing or replaced sign in a ratio of two sign faces for each LED sign face for traditional billboards. A new monopole billboard that replaces a removed roof-top sign may include one LED sign face without a reduction of sign faces that existed on the existing or replaced sign. Any additional LED sign faces on the replaced roof-top sign will require the reduction of sign faces in a ratio of two sign faces for one LED sign face.
(e)
Sign type. The billboard shall only be a detached, non-mobile digital sign.
(f)
Maximum number. No more than two sign faces shall be placed in a monopole structure.
(g)
Maximum size and area. Billboard signs shall be limited to 672 square feet per face, not including embellishments.
(h)
Minimum setback, spacing and distance separation. The minimum setback to the monopole structure shall be 15 feet from the surface edge of the right-of-way; five feet from the interior side of the property line; and 30 feet from any lot on which there is a residential building, except as otherwise provided in a relocation and reconstruction agreement. The minimum setback to the monopole structure shall be 30 feet from any residential-zoned property, except where the face of the sign fronts or orients towards the residential-zoned property, then the spacing shall be at least 300 feet from the residential-zoned property. No sign shall be erected closer than 100 feet from a building or structure used as a house of worship, school, park facility or recreation facility. No billboard shall be erected closer than 1,500 feet to another billboard located on the same side of the street along I-75, or 1,000 feet to another billboard on the same side of the street along Palmetto Expressway or State Road 112 within the city on the same side of the street measured along the center line of the same roadway or street, except that cantilever back-to-back signs shall be considered as one sign for the purposes of spacing.
(i)
Design standards. Replacement signs shall involve a significant enhancement of the original sign conditions including but not limited to the structure, faces, site, parking, landscaping and perimeter fencing.
(1)
Shape and height. The shape of the billboard signs shall be back-to back or "V" shape on a monopole base, with their faces oriented in opposite directions located not more than 15 feet apart at the nearest point between two faces, where feasible. The size, shape and height of billboard signs and distance separation requirements shall be according to the state department of transportation permitting requirements. The height of the sign shall not exceed 65 feet, as measured from the crown of the road to the top of the sign face. The ladder shall be no closer than 15 feet above the ground.
(2)
Structure color. The structural components, support poles and any part of the sign that is not part of the display face is to be painted matte silver with the exception of certain secondary components that could be painted in black to be obscured from view.
(3)
Display colors. The color, or combination of colors in the advertisement display shall in no way correspond to the colors or combination of colors specified for road traffic signals or traffic signs. The advertisement display shall in no way be similar enough to be mistaken to represent a road traffic sign. Audio speakers or any form of pyrotechnics are prohibited in association with an automatic changing sign.
(4)
Illumination.
a.
No illumination shall be installed on a billboard that may conflict with abutting or adjacent uses, residential uses or areas, in a manner that such uses are materially restricted or impacted so as to deny the basic enjoyment or implementation of use.
b.
All digital billboard displays shall utilize ambient light sensors to automatically adjust its intensity of illumination based on the ambient light conditions occurring at the time of adjustment. Digital billboards shall not operate at brightness levels of more than 0.3-foot candles above ambient light, as measured using a foot candle meter at a pre-set distance. Pre-set distances to measure the foot candles impact vary with the expected viewing distances of each size sign. Measurement distance criteria shall be as follows:
Face size Distance to be measured from 12 feet × 25 feet 150 feet 14 feet × 48 feet 250 feet (5)
Duration. Any portion of the message to be displayed must have a minimum duration of eight seconds and must be a static display. No portion of the message may flash, scroll, twirl, change color, fade in or out or in any manner imitate movement. The time to completely change from one message to the next is a maximum of two seconds. The change of message shall occur simultaneously for the entire sign. Any off-premises automatic changing sign must contain a default design that will in the event of a malfunction either hold the face of the display on the sign in any one position, turn the face of the display on the sign off or show "full black" on the face of the display on the sign.
(6)
Landscaping and perimeter fencing. Where feasible, metal picket or black vinyl coated chain-link fencing are required. Landscaping that is approved through the replacement sign approval process shall be viable and maintained at all times except as further provided in a relocation and reconstruction agreement where mitigation may be considered for the conversion of an existing sign
(i)
Replacement sign permit fee, permit application, review and neighborhood enhancement and park contribution. The owner or operator of a proposed replacement billboard, with the written consent of the property owner of the property where the sign is to be located, may apply for a replacement sign permit, in an application provided by the city, including all electrical, structural, elevation and color depictions, measurements and other drawings or plans required by the city, for review and approval by the city planning and building divisions. The plans shall include an updated survey and a site plan including landscaping and parking space for vehicles for maintenance purposes and show the location and the setback of all buildings and structures on the property and within a 100-foot radius of the proposed sign location. The application shall provide a signed copy of the lease or easement agreement with the property owner and sign owner or operator or a memorandum of such agreement, if applicable. Within 15 days after the sign owner or operator receives all final governmental approvals, authorizations and permits for the billboard replacement sign, the sign owner or operator shall completely remove the sign and supporting structures to be replaced, prior to the completion of construction of the new sign. Complete removal includes, but is not limited to, the faces, structure, electrical connections and all other appurtenances related to the sign to be replaced. Work pursuant to a replacement sign permit shall require that the site be prepared, cleared or repaired. The replacement sign permit fee shall be $25,000.00, which shall be paid at the time the application is accepted by the city or as otherwise provided in the relocation and reconstruction agreement. An annual neighborhood enhancement and park contribution of $15,000.00 for each year that the replacement sign is located on the property is an example of adequate consideration for the reconstruction and relocation agreement.
(j)
Denial of permit. The city reserves the right to reject a replacement sign permit for failure to comply with the requirements of this section. If the city denies a permit, the city shall provide written reasons for its denial.
(k)
Relocation and reconstruction agreements. The sign owner and operator shall sign a relocation and reconstruction agreement pursuant to F.S. § 70.20, prior to the issuance of the replacement sign permit in form and substance acceptable to the city and the sign owner and operator.
(l)
Credit for annual recertification fee payment. For the first ten years from the year in which the new replacement sign is approved, the sign owner is excused from payment of the annual recertification fee for the legally nonconforming replacement billboards.
(Ord. No. 2012-12, § 1, 3-13-2012)