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)