Electronic sign.
A sign, display, or device that changes its message or copy by programmable electronic or mechanical processes.
Major planned mixed-use development (MPMD).
A development in the town’s corporate limits of over 150 contiguous acres as assembled and approved and permitted by the town as a single development with over 1,000,000 planned square feet of commercial, retail, and residential uses, located in one or more of the CPDD zones.
Official sponsor.
An individual, business, association, organization or other interest that has been provided such status by the entity that owns or controls any given special event, amenity, or facility within the boundaries of the MPMD.
Permanent stage structure.
A nonportable indoor or outdoor structure that is constructed of concrete or stone or a combination thereof and is:
(1) 
Open to the public’s view;
(2) 
Consists of a raised platform intended for use as an area for theatrical, musical, or artistic performances or for speeches or ceremonies; and
(3) 
Rises at least three feet above the viewing audience’s ground level, and is at least 30 feet wide and 20 feet deep.
Special event.
A gathering of persons for an event or activity - including but not limited to a series or “season” of multiple similarly themed events or - as designated and scheduled by the entity that owns or controls any such event(s) or activity(ies), provided that the event is otherwise lawful and in compliance with applicable regulations.
(Ordinance 2012-1-3C adopted 1/3/12)
(a) 
This part shall apply only to signs located within the boundaries of an MPMD.
(b) 
This part is in addition to and cumulative of the regulations, requirements, prohibitions, restrictions and procedures elsewhere in this article that otherwise apply to signs located within an MPMD. In the event of a direct conflict between a provision of this part and an otherwise applicable provision in this article, this part shall prevail.
(Ordinance 2012-1-3C adopted 1/3/12)
(a) 
Signs advertising or providing a message to the public relating to any object, product, event, service, place, activity, person, institution, organization or business not located within the boundaries of an MPMD are prohibited, except to the extent permitted by subsection (b), below, or another provision of this part.
(b) 
The types of signs described in subsection (a), above, are permitted provided, however, that the face of such signs may not exceed 50" x 70" and must be installed inside of sign structures where the face of the sign is enclosed behind glass or other similar transparent material commonly used for backlit signs.
(Ordinance 2012-1-3C adopted 1/3/12)
(a) 
In addition to other types of banners permitted under this article, banners are permitted in an MPMD year round and may be up to 30 square feet in size, provided, however, that they relate only to:
(1) 
Businesses, organizations, or tenants located within the boundaries of the MPMD; or
(2) 
Special events, amenities, or facilities located within the boundaries of the MPMD and/or the official sponsor(s) of such special events.
(b) 
Banners are subject to a one-time permit approval and must be kept in good repair or will be subject to removal. Removal of a banner due to failure to maintain it in good repair results in automatic expiration of the permit at the time of removal.
(Ordinance 2012-1-3C adopted 1/3/12)
Signs located in proximity to and identifying special events, amenities, or facilities located within the boundaries of the MPMD and/or the official sponsors of such special events, amenities or facilities may be:
(1) 
Located and secured - in accordance with standard engineering principles - above a permanent stage structure; provided, however, that the sign face does not exceed eight feet in width and eight feet in height;
(2) 
Located within and attached to the interior of the fencing of an enclosed area used for beach and sand volleyball purposes; provided, however that the face of such signs not exceed eight feet in width, four feet in height, and the total number of such signs may not exceed 24; or
(3) 
Attached to or within ten feet of an operable motor vehicle, provided that:
(A) 
The vehicle is of the type marketed and sold as the primary business of the official sponsor;
(B) 
Is of the current or year-end model year at any time during which the vehicle is located within the boundaries of the MPMD;
(C) 
The vehicle must not be operated at any time when such sign is being displayed (other than to be moved to or from the premises of the MPMD);
(D) 
There may be only a single, temporary sign on or within 10 feet of such vehicle; and
(E) 
The sign may not exceed three feet in width and two feet in height.
(Ordinance 2012-1-3C adopted 1/3/12)
(a) 
Each MPMD may apply for one or more locations within the MPMD to become a conditional use permit district (CU district) in accordance with the procedures set forth in chapter 14, article 14.02, division 11 of this code.
(b) 
Before submitting an application for a CU district, the person(s) representing the MPMD must meet for a preapplication conference with town staff. This meeting should result in a consensus between said representative and town staff in keeping with the town vision and goals relating to appropriate placement of the electronic sign within the MPMD and general technical requirements.
(c) 
If CU district zoning is approved by the town, it must be limited to those areas of the MPMD that are necessary for the sign(s) to be located, as depicted on a site plan submitted in accordance with the CU district zoning application procedures.
(d) 
A CU district zoning is the only method by which an electronic sign may be approved by the town and approval by the town council of such a CU zoning district shall constitute the final sign permit required to be obtained from the town for such sign. If CU district zoning is approved by the town council for an electronic sign, said CU district zoning shall expressly state any additional conditions to which the electronic sign must conform.
(e) 
Before any construction of or placement of an electronic sign in the MPMD, the applicant must also obtain a duly issued permit from the state agency responsible for granting permits for electronic signs and the sign must, at a minimum, conform to all applicable provisions of state law and regulations.
(f) 
As between any conflict between the provisions of state law/regulations and the conditions required by the town under the CU district zoning, the more restrictive of such laws/regulations or conditions shall prevail.
(g) 
If CU district zoning is approved by the town for a portion of the MPMD upon which an electronic sign may be located, such sign is exempted from the regulations under this article of this code, unless to the extent the conditions required by the town provide otherwise.
(Ordinance 2012-1-3C adopted 1/3/12)
(a) 
An electronic sign may not:
(1) 
Be illuminated by flashing, intermittent, or moving lights;
(2) 
Contain or display animated, moving video, or scrolling advertising;
(3) 
Consist of a static image projected on a stationary object; or
(4) 
Be a mobile sign located on a truck or trailer.
(b) 
Each message on an electronic sign must be displayed for at least eight seconds. A change of message must be accomplished within two seconds and must occur simultaneously on the entire sign face.
(c) 
An electronic sign must:
(1) 
Contain a default mechanism that freezes the sign in one position if a malfunction occurs; and
(2) 
Automatically adjust the intensity of its display according to natural ambient light conditions.
(d) 
An electronic sign must contain only advertising or providing a message to the public relating to any object, product, event, service, place, activity, person, institution, organization or business located within the boundaries of the MPMD.
(e) 
The design of the electronic sign must be approved by a structural professional engineer licensed to practice in the state. Certification of approval by the engineer must be in writing and delivered to the town along with all other required application materials.
(Ordinance 2012-1-3C adopted 1/3/12)