Shalimar Ordinance Number 1999-07

ORDINANCE NUMBER 1999-07

AN ORDINANCE RESCINDING ALL PRIOR SIGN ORDINANCES AND ESTABLISHING A CODE OF SIGN REGULATIONS WITHIN THE TOWN OF SHALIMAR. THE ORDINANCE SETS FORTH SIGNS WHICH ARE PERMISSIBLE AND REGULATES THE SIZE OF SIGNS, WHICH ARE PERMITTED. CERTAIN SIGNS NOT SPECIFICALLY PERMITTED OR REGULATED ARE PROHIBITED. THE EFFECTIVE DATE OF ORDINANCE NO. 99-07 SHALL BE 10 DAYS AFTER ITS FINAL APPROVAL OR AUGUST 12, 1999 WHICHEVER OCCURS FIRST.

*Whereas,*	the Town of Shalimar has a sign ordinance which has been satisfactory over years, but which was drafted before most of the town of Shalimar was fully developed, and
*Whereas,*	the Town of Shalimar is now largely developed with residential and commercial buildings such that it is now possible to more accurately assess the effect of signs within the Town of Shalimar, and
*Whereas,*	it is necessary for the town to balance the First Amendment rights, property interests, and rights of free expression of it’s citizens with the potential for confusion, unsafe driving conditions, and the lack of aesthetics presented by some signs and combinations of signs.

NOW , THEREFORE BE IT ORDAINED BY THE COMMISSION OF THE TOWN OF SHALIMAR, FLORIDA, AS FOLLOWS:

ARTICLE I. IN GENERAL

SEC. 101-1 Definitions

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

a.

Animated sign means any sign which includes action or motion other than flashing or changing signs which are separately defined. Animated signs include but are not limited to pictures, outlines, forms, designs, pictorials, colors and other graphic illustrations which contain or give the illusion of motion.

b.

Awning sign. See Marquee sign.

c.

Banner sign means those signs having the characters, letters, illustrations, or ornamentation applied to or impregnated into cloth, paper or fabric of any kind and including balloon sign.

d.

Billboard or billboard sign means any sign which provides information of any kind concerning any activity that takes place on property other than that where the sign is located.

e.

Canopy sign. See Marquee sign.

f.

Changing sign (automatic) means any sign which is electronically or electrically controlled and which has a display providing for commercial advertising or service information in printed form, such as but not limited to temperature, time, and date, and specifically to exclude any actual or apparent continuous horizontal, vertical, diagonal, or circular motion of the display, and any display such as defined under animated signs. Changing signs are commonly referred to as centers or readerboards where different copy changes are shown on the same lampbank. Changing signs are permitted only in a commercial or business zoned area.

g.

Circular sign means a sign that is generally round or cylindrical where the contents of the sign covers all or part of the surface.

h.

Commemorative sign means a sign placed on or imbedded in the external surface of a wall for purposes of commemoration, identification, or such other purpose as relates to the structure and not the activities housed by the structure.

i.

Commercial sign means any sign related primarily to the economic interests of the owner or lessee of such sign and its readers.

j.

Copy area means the advertising display surface area encompassed within any sign. Each surface area of a multiple-faced sign will be counted for total square foot measurement - not to exceed 200 square feet in all cases.

k.

Electrical sign. See Illuminated sign.

l.

Facade sign means a sign serving also as a surface of a building and presenting a false, superficial or artificial appearance or effect.

m.

Flashing sign means any sign which attains an intermittent, flashing or varying intensity light source, or which includes or gives the illusion of intermittent or flashing light by means of animation, or an externally mounted intermittent light source. Changing signs, as defined in this section, are not classified as flashing signs.

n.

For Sale sign. See Real Estate sign. Also, for condominiums, appropriate signs may be affixed to an existing pole or other sign that is used primarily for the condominium identification.

o.

Ground sign means a sign supported by uprights, braces or poles or itself permanently placed in the ground and wholly independent of any building for support and which the subject of the sign relates to either the identifying of the business name or the activity carried on in the structure on the same property as the sign.

p.

Illuminated sign means a sign where electrical current, connections, or fixtures are used as part of the sign or where electrical means are not integral to the sign.

q.

Incidental sign means a sign restricted to incidental information, such as: credit cards accepted, services offered or trade affiliations; offers of trading stamps or coupons accepted.

r.

Marquee sign means a sign affixed or inherent with the structure of metal, glass, canvas or other appropriate material projecting over and from points of ingress or egress of a building or other structure.

s.

Multiple-faced sign means a sign consisting of more than one face affixed to a single-support device or structure.

t.

Noncommercial sign means any sign relating primarily to interests other than to economic interest of the speaker and its audience.

u.

Outdoors, out-of-doors means any area external to the walls, roof or windows of a structure and includes the surface of the walls, roof or windows.

v.

Owner means legal owner, lessee, or anyone in control of the property with authority, explicit or implicit, to emplace signs thereon.

w.

Pole sign means a sign affixed to a pole or standard in the ground. See Ground sign.

x.

Political sign means a temporary sign identifying and urging voter support for or opposition to a particular issue, political party or candidate for public office. These signs are limited to four square feet or less.

y.

Portable sign means a sign affixed to any object that because of integral wheels or tracks has the capability of moving or being moved and a sign that is designed or constructed such that the sign has the capability of moving or being moved for freestanding display.

z.

Real Estate sign means any ground sign placed on real property that reflects the intended disposition or use of the property. If the immediate environment of the property does not permit the use of ground signs with the facility, a window or wall sign may be substituted therefore.

aa.

Rental sign. See Real Estate sign.

ab.

Roof sign means a sign supported by uprights, braces or itself permanently placed on or into the roof structure wherein the sign is dependent on the roof structure for support and which the subject of the sign advises of any activity carried on within the structure.

ac.

Safety sign means a sign intended to prevent danger or harm.

ad.

Sign means every media or device used around, about or affixed to a structure or isolated from a structure that in any manner or means, whether by intent or by inadvertence, presents information to others through the media of human perception.

ae.

Temporary sign means a sign with intended duration of existence of less than three months and which does not in fact exceed a duration of three months.

af.

Wall sign means a sign affixed to or painted upon the wall or window of a structure and the subject of which advises of an activity carried on within the structure.

ag.

Window sign. See Wall sign.

SEC. 101-2 Purpose, intent and scope

a.	The requirements of this chapter are the minimum requirements to promote the public health, safety, aesthetics and welfare and to maintain, enhance, improve and protect the appearance and character of residential, professional office, commercial, and industrial areas of the town. Additionally, this chapter will improve traffic safety and control the number, location, size and type of signs while still permitting reasonable identification and advertising by professional, commercial and industrial establishments.
b.	This chapter includes provisions for on-site signs placed on land or on a building for identification or for advertising a use conducted thereon or therein and shall be deemed to be accessory and incidental to the subject land, building or use. The regulation of on-site signs is intended to prevent excessive competition and clutter among signs and to improve and preserve traffic safety and aesthetics. The control and regulation of off-site signs or billboards, outdoor advertising not related to the site on which the sign is located, is deemed to be necessary to protect the character and development of the town as well as preserving traffic safety and aesthetics.
c.	This chapter shall not relate to building design. This chapter shall not regulate official traffic or government signs, the content and message of signs, gravestones and religious symbols or commemorative plaques.

SEC. 101-3 Nonconforming signs

Whenever the occupancy of a premises with nonconforming signs changes, the new occupant shall be required to remove, change or alter such signs to conform to this chapter. This requirement is not intended to apply to changes in ownership where the same business, operating under the same name, continues to occupy the premises.

Any sign which is in violation of this chapter and which does not qualify as a nonconforming sign may be removed by the town, its agents and authorized representatives. In carrying out the task of removing such signs, the town, its agents and authorized representatives may enter upon private property without subjecting the town to any liability for entry and removal. Any fees and costs incurred by the town under this section shall be borne by the sign owner.

SEC. 101-4 Compliance

It shall be unlawful for any person to erect, place or maintain a sign unless it complies with this chapter.

ARTICLE II. ADMINISTRATION

DIVISION 1. PERMITS, LICENSES, INSPECTIONS

SEC. 102-1 License required

A license is required of every person engaged in the business of erecting, emplacing or maintaining signs within the town as provided (ORD. 93-03).

SEC. 102-2 Permit required; exceptions

All new signs shall be required to have a permit. Application for a sign permit shall be accompanied by a fee pursuant to a fee schedule to be established by motion or resolution of the town commission, and such application shall be on file in the town clerk's office. No sign shall be constructed, structurally altered, extended or relocated until such a permit has been issued. No permit shall be issued until the administrative official determines that the sign is in compliance with this chapter.

The following signs shall be exempt from this permit requirement, provided that such signs have no electrical parts or usage:

1.	Window signs.
2.	Political and campaign signs not exceeding 4 square feet in copy area.
3.	Real estate signs not exceeding eight square feet in copy area.
4.	Signs which are a permanent architectural feature of the building or structure, such as a cornerstone or identifying letters carved into or embossed on the building, providing such letters are not illuminated apart from the building, are not made of a reflective material, and do not contrast in color with the building.
5.	Within the scope of portable signs, vehicles to which signs are attached or painted thereon while in a transitional status through the town are authorized and are exempt from the requirements for permits and payment of fees.
6.	A maximum of two temporary signs located on residential property set back at least 15 feet from all public rights-of-way, restricted to signs no more than eight square feet in copy area, total height limited to four feet.

SEC . 102-3 Building permit; exempted signs

No person shall erect, alter, repair or relocate any sign without first obtaining a building permit for such work from the town. Every application for a building permit shall be accompanied by a drawing of the proposed sign indicating the location, size, height, distance from property lines and street centerlines, and all other information necessary or required to determine compliance with this chapter.

The following signs may be erected without a building permit subject, however, to all other requirements of this chapter:

1.	Identification signs at the entrance drive of residences, estates or ranches bearing only street numbers, mailbox numbers or names of the occupants of the premises.
2.	Signs erected or required by governmental agencies.
3.	Official traffic signs.
4.	Integral decorative or architectural features of buildings, except letters, trademarks, moving parts, or moving lights intended for advertising purposes.
5.	Warning, nonadvertising signs or symbols, e.g., no trespassing or no dumping signs, located on and pertaining to a parcel of property, and such signs shall not exceed four square feet in area and shall be nonilluminated.
6.	Changing the copy of a sign, or maintaining or repainting the sign where no structural or electrical changes are made; also, the changing of interchangeable letters on signs.
7.	Temporary, nonilluminated signs erected by the owner on residential property up to eight square feet in total copy area. This includes any changes made to the temporary sign by the residential owner.
8.	Address signs restricted to not more than one for each principal building or use on a parcel of property.
9.	Window displays of merchandise which are changed on a regular basis, except as specifically prohibited in this chapter.
10.	Special instruction signs, including signs which identify restrooms, no smoking, shoes and shirts required, no food or beverage, open or closed, and hours of operation, with a total copy area not to exceed ten square feet on any parcel of property.
11.	Temporary signs advising of special activities by a nonprofit organization may be placed without fee or permit at a location designated by the town manager for a period not to exceed five days.
12.	Temporary directional signs for subdivisions subject to the requirements of division 2 of article III of this chapter.
13.	Parking area identification or directional signs are not authorized in excess of eight square feet in copy area and do not require permits or the payment of fees. However, the requirements stated in other sections of this chapter apply.
14.	Safety signs are exempt from the requirements for permits, payment of fees or limitations imposed in this chapter relative to location, number of signs and total sign area. Typical safety signs are danger or no smoking. Classification of a sign as a safety sign shall be determined by the administrative official.

SEC. 102-4 Registered engineer's seal and certification required

The seal of a state-registered engineer is required on all drawings describing the type of sign with its support structure for all electrical signs and for any nonelectrical sign exceeding 32 square feet in size and in any other case requested by the administrative official. The registered engineer shall certify to the town that the submitted design for construction of the sign is, as a minimum, in conformance with the requirements of the Southern Standard Building Code (chapters XII and XXIII) as it pertains to dead loads and wind loads for southern coastal areas and with the National Electrical Code and the Florida Electrical Code as they pertain to electrical matters.

SEC. 102-5 Issuance of permit

This issuance of a permit under this division does not in itself connote that the location and size of the sign and the structural details are necessarily in full compliance with this chapter, and, therefore, the issuance of the permit does not preclude subsequent corrective action by the administrative official or other authorized town employee for latent deficiencies which constitute violations of this chapter.

SEC. 102-6 Unsafe signs

a..

If any sign becomes insecure, dilapidated, or in danger of falling or otherwise unsafe as determined by the town engineer or if any sign shall not be kept in good repair and in a neat and clean condition, the administrative official shall inform the sign owner and person or business maintaining or having control over the sign or the person or business upon whose property the sign is located, in writing, to secure, remove or repair the sign within ten days from receipt of notice. The notice shall require the sign to conform with this Ordinance and shall specify the section of this Ordinance with which the sign does not comply.

If the person or business receiving notice as set forth in subsection (a) of this section does not bring the sign into compliance within the ten-day period, the sign shall be deemed illegal and subject to removal under Article 1, Section 101-3, and such person or business shall be subject to any and all other sections of this Ordinance imposing fines, penalties and proceedings for violation of this Ordinance. Any fees and costs incurred by the town in taking action under this section will be borne by the sign owner and person or business maintaining or having control over the sign and the person or business upon whose property the sign is located.

SEC. 102-7 Revocation of permit; appeal

a..	All signs, together with their parts and support elements, are to be painted and otherwise refurbished as needed or as required by the administration official. Failure to maintain signs in a presentable and safe condition will be sufficient cause to revoke the permit and require removal of the sign.
b.	The administration official is authorized and empowered to revoke any permit issued by him upon failure of the holder thereof to comply with any section of this chapter.
c.	Any decision or action made or taken by the administrative official pursuant to this section may be appealed in writing to the town commission within 90 days after any such decision or action, and the action of the town commission upon such appeal shall be final and conclusive. Failure to remove the sign will constitute a violation of this

SEC. 102-8 Initial inspection

All new signs shall be inspected at the time of initial installation. When a sign is found to be nonconforming, an inspection report, stating what changes must be made in order to make the sign conform to this chapter and the date by which the sign must be made to conform or be removed, shall be issued to the sign owner or to the property owner if the sign owner cannot be located.

SEC. 102-9 Rules of interpretation; compliance

a.	If not specified otherwise, the owner of property upon which a sign is located will be held responsible for compliance with this chapter.
b.	For political signs, the violation will be construed to have been made by the individual affixing the sign, the candidate whose name or picture appears on the sign, or the campaign organization of the candidate.
c.	If a conflict occurs between the sections of this chapter with those of any other town ordinance as pertains to signs, this chapter will prevail.
d.	Any dispute or ambiguity concerning the interpretation of this chapter shall be resolved by the administrative official, subject to appeal of this decision to the town commission.

ARTICLE III. REGULATIONS

DIVISION 1. GENERALLY

SEC. 103-1 Permitted signs

Signs will be permitted in all zoning districts subject to the requirements of this article. On-site signs other than real estate signs or construction signs shall only be erected upon improved property.

SEC. 103-2 Prohibited signs

The following types of signs are prohibited in all districts:

1.	Any sign placed on public property, including the right-of-way, unless authorized by the town commission.
2.	Any sign which obstructs a fire escape or window, door or opening used as a means of ingress or egress or which prevents free passage across a roof; and no sign shall be attached in any manner to a fire escape nor shall any sign be placed in a manner that will interfere with any opening required for ventilation.
3.	Signs which simulate emergency vehicles, traffic control signals or devices, or which simulate directional, informational and warning signs erected by government or a governmental agency, or by any railroad, public utility or similar agency.
4.	Billboard signs, regardless of zoning district.
5.	Signs that involve motion or rotation of any part except a time and temperature unit or an automatic changing sign, as defined in section 101-1, in an area zoned commercial or business.
6.	Animated signs and flashing signs, and this is not intended to prohibit changing signs, as defined in section 101-1.
7.	Signs affixed to unlicensed motor vehicles where such signs are promotional in nature and where the vehicle is parked in a location visible from a public right-of-way, which vehicle has attached thereto or located thereon any sign which advertises products or services available on the same or adjacent property that the vehicle is parked.
8.	Signs of any type wherein such signs obstruct in any way ingress or egress to or from a structure.
9.	Signs projecting over a street or road, except for special events when approved by the town commission.
10.	Additional signs on any property containing a sign that does not conform to this article.
11.	All other signs not identified in this ordinance.
12.	The tacking, pasting or otherwise affixing of signs of a miscellaneous character to the walls of buildings, on trees, poles, posts, fences or other structures.

SEC. 103-3 Maximum allowable copy area

The copy area of signage permitted for any given site shall be determined by the following formula:

Unless otherwise specified, a total of 2 square feet of sign copy area for each linear foot of principal right-of-way frontage with the copy area not to exceed 200 square feet. In computing sign copy area, standard mathematical formulas for known common shapes will be used. Common shapes shall include squares, rectangles, cones, spheres, ovals, triangles, trapezoids, circles and cylinders. On any sign with more than one face, the aggregate square footage of all faces will be counted. Where words, letters, numbers, symbols or other components comprise the copy but are not contained within a sign face, such as independent letters on a wall forming the name of an establishment, the square footage of the copy area shall be determined by drawing an imaginary standard geometric form around and about the words, letters, numbers, symbols or other components comprising the copy, and the copy area shall be the entire area within the perimeter of such imaginary, standard form. All the words, letters, numbers, symbols or other components which comprise the copy shall be included within the perimeter of the imaginary, standard form in determining copy area.

SEC. 103-4 General criteria

a.	Flagpoles. Flagpoles shall not exceed 35 feet in height. All flagpoles shall be located so that the flag will not extend over a right-of-way. No flagpole may be erected without a building permit for the pole itself.
b.	Visibility triangle. On corner lots, signs within the triangular area formed by the street right-of-way lines shall not obstruct the vision of traffic.
c.	Maintenance of ground signs. Ground signs and their supporting structures shall be kept clear of all debris.
d.	Illumination. All illumination of signs shall be directed in a manner that avoids undue glare and direct illumination or reflection on abutting properties. The intensity or brightness of the light shall not adversely affect the safe vision of operators of vehicles moving on public or private roads, highways or parking areas.
e.	Setbacks. In all zoning districts, there shall be a minimum ten-foot setback of signs from all road rights-of-way.

SEC. 103-5 Special situations, multiple frontages

If a building has frontage on two or more streets, each frontage shall be separately considered for the purposes of determining compliance with this chapter. However, the permitted sign area for one frontage shall not be combined with another frontage to place the combined sign area on one frontage.

SEC. 103-6 Illumination

Illumination of signs shall be in accordance with the following:

1.	Flashing signs shall be prohibited.
2.	Floodlight illumination is permissible, provided that the floodlight or spotlight is positioned so that none of the light shines onto any adjoining property or onto any public road, right-of-way or interstate.
3.	Bare bulb illumination shall not be used.

SEC. 103-7 Political campaign signs

a.	Residential district. Political signs shall be permitted in all residential districts under the following conditions: On each residential site, non-illuminated signs not more than 4 square feet in copy area each shall be permitted. Any such sign may only be erected by or with the express consent of the occupant of the premises or the owner of the property.
b.	All other districts. Campaign signs shall be permitted in all nonresidential zoning districts under the following conditions: on each property, nonilluminated signs, not to exceed 4 square feet in copy area. Any such sign may only be erected by or with the express consent of the lessee or owner of the property.
c.	Removal. All signs posted, erected, or displayed pursuant to this section shall be removed within 15 days after the election or campaign issue has been decided.
d.	Placement on public property. Campaign signs shall not be permitted on public property, and any sign so located shall be removed immediately.
e.	Removal by town. Any campaign sign not removed in the time prescribed by this section may be removed by the town. For each sign removed by the town or its agents, $5.00 per sign or the cost of removal, including but not limited to administrative costs, if the cost is greater than $5.00, may be assessed against the owner and tenant of the property.

DIVISION 2. PERMANENT ON-SITE SIGNS

SEC. 103-8 Ground signs

a.	The maximum height of ground signs shall be 12 feet measured from the crown of the road to the top of the sign in the commercial, industrial and agricultural districts and eight feet for professional office districts when a parcel is located within 100 feet of a residential district, otherwise a maximum of ten feet will be permitted.
b.	There shall be a maximum of one ground sign per parcel. One additional sign will be permitted for parcels with right-of-way frontage in excess of 200 feet, provided that the signs are separated by a minimum of 100 feet.
c.	The minimum setbacks are ten feet from the right-of-way line, ten feet from side or rear property lines, and 20 feet from any residential district.
d.	The maximum copy area shall be 200 square feet in the commercial and industrial districts and 32 square feet in the professional office district when a parcel is located within 100 feet of a residential district.
e.	The maximum ground clearance shall be two feet from the finished grade level.
f.	These signs are permitted in all districts, except residential districts.

SEC. 103-9 Pylon/pole signs

a.	The maximum height of pylon/pole signs shall be 35 feet measured from the crown of the road to the top of the sign in the commercial, industrial and agricultural districts and eight feet for professional office districts when a parcel is located within 100 feet of a residential district, otherwise a maximum of 20 feet will be permitted.
b.	There shall be a maximum of one sign per parcel. One additional sign will be permitted for parcels with right-of-way frontage in excess of 400 feet, provided that the signs are separated by a minimum of 150 feet.
c.	The maximum copy area shall be 200 square feet.

SEC. 103-10 Marquee signs

a.	No marquee sign may extend above the eave line of the roof perimeter. Marquee signs may be placed on the vertical faces or on top of a marquee, but shall not project more than 24 inches above the marquee's upper edge or extend beyond marquee's perimeter. Marquee signs may project below the bottom of the vertical face only on any awning.
b.	The maximum copy area shall be six square feet for signs attached to the bottom of a marquee.
c.	These signs are permitted in all districts, except residential districts.

SEC. 103-11 Wall signs, fascia signs

a.	A wall sign, fascia sign may be placed on a mansard roof of less than 45 degrees from the horizontal plane. No sign shall extend above the roofline, building face or parapet wall. There shall be a maximum of one sign per building face. No sign may extend more than 18 inches from the building face.

SEC. 103-12 Awning signs

a.	The maximum copy area per awning for an awning sign shall be 50 square feet.
b.	Awning signs are permitted in all districts, except the residential districts.

SEC. 103-13 Incidental signs

a.	A maximum of two signs may be attached to a building, door or window. These signs may not project from a building wall. These signs are restricted to incidental information, including offers of trading stamps, credit cards accepted, notices of services offered or trade affiliations.
b.	The maximum copy area per sign shall be two square feet.
c.	The maximum total copy area shall be four square feet.
d.	The copy area will be included in computing the total copy area of the site.
e.	Incidental signs are permitted in all districts, except the residential districts.

SEC. 103-14 Window signs

a.	Window signs may not exceed 25 percent of the window area of any side of the building. Window signs shall be included in computing the total copy area of the site.
b.	Window signs are permitted in all districts, except the residential districts.

DIVISION 3. TEMPORARY ON-SITE SIGNS

SEC. 103-15 General requirements

a.	Obstruction of on-site permanent signs. No temporary sign shall be located in a manner that obstructs the visibility of other on-site permanent signs.
b.	Copy area. The copy area of any permitted temporary sign will not be included as part of the maximum allowable copy area for any type of permanent signage or for the site upon which the temporary sign is placed.
c.	Permit. Unless specifically exempted each temporary sign must be issued a permit in accordance with Article I, Sec.102 before it is placed in service. The permit or a substitute for it issued by the town shall be displayed upon the temporary sign at all times while it is in use.
d.	Setbacks. Temporary signs shall be set back ten feet from the nearest property line, except as otherwise specified.
e.	Limitations. Any sign placed in service as a temporary sign that exceeds the limitations specified in this division, including those upon duration and size, shall be subject to all sections applicable to on-site permanent signs.

SEC. 103-16 Special event signs

Temporary signs will be permitted in all zoning districts to announce special events. Temporary signs shall not exceed 48 square feet in copy area per side in all other zoning districts. If ground mounted, they shall be no more than eight feet in height and shall not be illuminated. A temporary sign may be erected no more than 14 days prior to the event to which it relates and shall be removed no more than three days after the event terminates, with a maximum 30 days' usage. Searchlights may be used for a maximum of 30 days in conjunction with a grand opening and for a maximum ten days in conjunction with a special event. No more than one permit will be allowed for any one site within any six-month period.

SEC. 103-17 Real estate signs

a.	Real estate signs up to four square feet in size in residential districts, eight square feet in professional office and 32 square feet in the agricultural and commercial districts shall not require a permit.
b.	There shall be a maximum of one sign per right-of-way frontage.
c.	Temporary real estate signs shall be removed within seven days of the sale, rental or lease transaction.
d.	Permits for real estate signs will be issued for up to 365 days and may be renewed.

SEC.103-18 Construction signs

a.	The maximum copy area of construction signs shall be 64 square feet.
b.	The maximum height shall be 15 feet.
c.	There shall be a maximum of one sign per right-of-way frontage.
d.	Construction signs shall be removed upon issuance of the certificate of occupancy.

SEC. 103-19 Banner signs

a.	Banner signs are permitted in commercial and industrial districts only.
b.	No banner shall be permitted in a location which creates a traffic hazard or which creates a threat to the public health, safety and welfare.
c.	Banners may be permitted up to 14 days prior to and three days following an event. No more than one permit will be allowed within any six-month period.
d.	No more than one banner may be permitted on any right-of-way frontage of the property. The banner may be mounted on a building or other support structure. If not mounted on a building, the banner shall be set back at least 15 feet from the property lines.
e.	Banner signs shall not exceed a height of 20 feet above the ground.
f.	The maximum sign area shall be 40 square feet.
g.	No streamers, pennants, flags, ribbons, spinners, or other prohibited devices shall be included or incorporated with the display of a banner.

SEC. 103-20 Portable signs

All portable signs are prohibited in the Town of Shalimar.

SEC. 103-21 Effective Date: 12 August 1999

This Ordinance shall become effective upon its adoption by the Town Commission and signature of the Mayor.

Adopted: August 10, 1999

Gary Combs, Mayor

ATTEST: August 10, 1999

Nell Webb, Town Clerk

The form and legal sufficiency of the foregoing has been reviewed and approved by the Town Attorney

D. Michael Chesser,

Town Attorney

First Reading: July 22, 1999

Second Reading: August 10, 1999

a.	Animated sign means any sign which includes action or motion other than flashing or changing signs which are separately defined. Animated signs include but are not limited to pictures, outlines, forms, designs, pictorials, colors and other graphic illustrations which contain or give the illusion of motion.
b.	Awning sign. See *Marquee sign*.
c.	Banner sign means those signs having the characters, letters, illustrations, or ornamentation applied to or impregnated into cloth, paper or fabric of any kind and including balloon sign.
d.	Billboard or billboard sign means any sign which provides information of any kind concerning any activity that takes place on property other than that where the sign is located.
e.	Canopy sign. See *Marquee sign*.
f.	Changing sign (automatic) means any sign which is electronically or electrically controlled and which has a display providing for commercial advertising or service information in printed form, such as but not limited to temperature, time, and date, and specifically to exclude any actual or apparent continuous horizontal, vertical, diagonal, or circular motion of the display, and any display such as defined under animated signs. Changing signs are commonly referred to as centers or readerboards where different copy changes are shown on the same lampbank. Changing signs are permitted only in a commercial or business zoned area.
g.	Circular sign means a sign that is generally round or cylindrical where the contents of the sign covers all or part of the surface.
h.	Commemorative sign means a sign placed on or imbedded in the external surface of a wall for purposes of commemoration, identification, or such other purpose as relates to the structure and not the activities housed by the structure.
i.	*Commercial sign* means any sign related primarily to the economic interests of the owner or lessee of such sign and its readers.
j.	Copy area means the advertising display surface area encompassed within any sign. Each surface area of a multiple-faced sign will be counted for total square foot measurement - not to exceed 200 square feet in all cases.
k.	Electrical sign. See *Illuminated sign*.
l.	Facade sign means a sign serving also as a surface of a building and presenting a false, superficial or artificial appearance or effect.
m.	*Flashing sign* means any sign which attains an intermittent, flashing or varying intensity light source, or which includes or gives the illusion of intermittent or flashing light by means of animation, or an externally mounted intermittent light source. Changing signs, as defined in this section, are not classified as flashing signs.
n.	For Sale sign. See *Real Estate sign*. Also, for condominiums, appropriate signs may be affixed to an existing pole or other sign that is used primarily for the condominium identification.
o.	Ground sign means a sign supported by uprights, braces or poles or itself permanently placed in the ground and wholly independent of any building for support and which the subject of the sign relates to either the identifying of the business name or the activity carried on in the structure on the same property as the sign.
p.	Illuminated sign means a sign where electrical current, connections, or fixtures are used as part of the sign or where electrical means are not integral to the sign.
q.	Incidental sign means a sign restricted to incidental information, such as: credit cards accepted, services offered or trade affiliations; offers of trading stamps or coupons accepted.
r.	Marquee sign means a sign affixed or inherent with the structure of metal, glass, canvas or other appropriate material projecting over and from points of ingress or egress of a building or other structure.
s.	Multiple-faced sign means a sign consisting of more than one face affixed to a single-support device or structure.
t.	Noncommercial sign means any sign relating primarily to interests other than to economic interest of the speaker and its audience.
u.	Outdoors, out-of-doors means any area external to the walls, roof or windows of a structure and includes the surface of the walls, roof or windows.
v.	Owner means legal owner, lessee, or anyone in control of the property with authority, explicit or implicit, to emplace signs thereon.
w.	Pole sign means a sign affixed to a pole or standard in the ground. See *Ground sign*.
x.	Political sign means a temporary sign identifying and urging voter support for or opposition to a particular issue, political party or candidate for public office. These signs are limited to four square feet or less.
y.	Portable sign means a sign affixed to any object that because of integral wheels or tracks has the capability of moving or being moved and a sign that is designed or constructed such that the sign has the capability of moving or being moved for freestanding display.
z.	Real Estate sign means any ground sign placed on real property that reflects the intended disposition or use of the property. If the immediate environment of the property does not permit the use of ground signs with the facility, a window or wall sign may be substituted therefore.
aa.	Rental sign. See *Real Estate sign*.
ab.	Roof sign means a sign supported by uprights, braces or itself permanently placed on or into the roof structure wherein the sign is dependent on the roof structure for support and which the subject of the sign advises of any activity carried on within the structure.
ac.	Safety sign means a sign intended to prevent danger or harm.
ad.	Sign means every media or device used around, about or affixed to a structure or isolated from a structure that in any manner or means, whether by intent or by inadvertence, presents information to others through the media of human perception.
ae.	Temporary sign means a sign with intended duration of existence of less than three months and which does not in fact exceed a duration of three months.
af.	Wall sign means a sign affixed to or painted upon the wall or window of a structure and the subject of which advises of an activity carried on within the structure.
ag.	Window sign. See *Wall sign*.