§ 4.4.1. General provisions.

A.

Relationship to building and electrical codes. These sign regulations are intended to complement the requirements of the building and electrical codes adopted by the Board. Wherever there is inconsistency between these regulations and the building or electrical code, the more stringent requirement shall apply.

B.

No defense to nuisance action. Compliance with the requirements of these regulations shall not constitute a defense to an action brought to abate a nuisance under the common law.

C.

Maintenance.

(1)

All signs, including their supports, braces, guys and anchors, electrical parts and lighting fixtures, and all painted and display areas, shall be maintained in accordance with the building and electrical codes adopted by Marion County.

(2)

Exposed surfaces shall be cleaned and finished. Defective parts shall be replaced. The Planning/Zoning Manager shall have the right under Section 4.4.1.E, to order the repair or removal of any sign which is defective, damaged or substantially deteriorated. All decisions of the Planning/Zoning Manager are appealable to the Board of Adjustment.

(3)

The vegetation around, in front of, behind, and underneath the base of ground signs for a distance of ten feet shall be neatly trimmed. No rubbish or debris that would constitute a fire or health hazard shall be permitted under or near the sign.

D.

Permitting:

(1)

No person may engage in the business of erecting, altering, relocating, or constructing a sign, without a valid Contractor's License and all required State or Federal licenses.

(2)

A sign company wishing to install, either or both, on-site or off-site signs shall submit an application to the Planning/Zoning Manager and the Building Manager on a form supplied by the County.

(3)

The application form shall be accompanied by a site plan conforming to the requirements set forth in Articles 2 and 6 for a Minor Site Plan or building permit site plan. The applicant shall also provide construction and installation details meeting the requirements of the Florida Building and Electrical Codes.

Upon review and approval by the Growth Services Department and the Building Department, a permit shall be issued. The permit number shall be attached to the sign structure using the following size letters and numbers in a location where it is readily visible for inspection:

Table 4.4-1 Sign Lettering

Wall signs	1 inch
Under canopy signs	¾ inch
On-site signs	1½ inch
Off-site signs	3 inch

 

E.

Inspection and removal of signs:

(1)

Any sign which is located on or adjacent to the right-of-way of any county road, which was erected without the permit required in this section after adoption of this Code, is declared illegal and shall be properly permitted or removed as provided herein.

(2)

Any sign which is determined by the Planning/Zoning Manager to be defective, damaged, unsafe, or substantially deteriorated or abandoned, shall be repaired or removed as provided herein.

(3)

Upon a determination by the Planning/Zoning Manager that a sign is in violation of this Code, the Code Enforcement Division shall prominently post on the sign face a notice stating that the sign is illegal, defective, damaged, unsafe or substantially deteriorated or abandoned and must either be brought into conformity with this Code or must be removed within 30 days after the date on which the notice was posted. If the sign bears the name of the licensee or the name and address or the telephone number of the sign owner, the Code Enforcement Division shall, concurrently with and in addition to posting the notice on the sign, provide a written notice to the owner stating the sign is illegal, defective, damaged, unsafe or substantially deteriorated and must be brought into conformance with the Code or permanently removed within the 30-day period specified on the posted notice or a permit obtained for the sign and payment of twice the stipulated fee as penalty. The written notice shall further state that the sign owner has a right to request a hearing before the Code Enforcement Board. Said request must be filed with the Planning/Zoning Manager within 30 days after the date of the written notice. The filing of the request for a hearing will stop the removal of the sign until a decision is reached by the Code Enforcement Board. Should the notice for removal be upheld by the Code Enforcement Board, the owner shall remove the sign within 30 days after the hearing or the County may remove the sign without further notice and without incurring any liability as a result of such removal. The cost of removing the sign may be assessed against the owner of the sign by the Code Enforcement Division.

(4)

If, pursuant to the notice provided, a permit for the sign is not obtained, or a hearing is not requested by the sign owner, or the sign is not removed by the sign owner within the prescribed period, the Code Enforcement Board shall refer the matter to the Board. At its option, the Board may either:

(a)

Accept the findings and order of the Code Enforcement Board, and direct the County Administrator to cause the abandoned sign to be removed; or

(b)

After giving Due Public Notice to intended parties, hold an additional hearing. At the conclusion of said additional hearing, the Board may either:

1.

Quash the order of the Code Enforcement Board; or

2.

Grant up to 60 days additional time for the performance of remedial acts; or

3.

Direct the County Administrator to cause the sign to be removed. The decision as to whether to hold such an additional hearing rests solely with the Board. Nothing contained herein shall be deemed to give any interested party a right to any hearing in addition to that held by the Code Enforcement Board.

(5)

A notice to the sign owner shall constitute sufficient notice and additional notice is not required to be provided to the lessee, advertiser, or the owner of the real property on which the sign is located.

F.

Signage requirements for adult and sexually oriented businesses: These requirements are located in Section 4.3.24.

(Ord. No. 13-20, § 2, 7-11-2013)