§ 102-94. Replacement and relocation of billboard signs; digital billboards.

It is the policy of the city to encourage owners of non-conforming signs to enter into relocation and reconstruction agreements that allow the city to accomplish the public goals of protecting, improving and ensuring highway safety, views, aesthetics and business/investment, without the expenditure of public funds while allowing the continued maintenance of private investment in signage as a medium of commercial and noncommercial communication. Notwithstanding any provisions to the contrary, the provisions of this subsection shall be the sole mechanism available under this Code of Ordinances which allow for the relocation and replacement of billboard signs. In no event shall new triangular, three-faced billboards; stacked, double-decker billboards, or side-by-side billboards be permitted within the city.

(a)

Billboard signs. Existing non-conforming billboard signs may be eliminated and replaced with a billboard sign in accordance with the provisions of section 102-92(4) and other applicable provisions of chapter 102 upon the city commission's approval of, and pursuant to, a relocation and reconstruction agreement. Additional conditions and restrictions relating to the replacement of billboard signs shall be set forth in the relocation and reconstruction agreement and/or as conditions to the special exception use permit. All billboard signs constructed pursuant to this subsection shall comply with all federal and state laws and the provisions of this Code. In all circumstances, at least two billboard signs must be eliminated in order for a replacement billboard to be constructed pursuant to this subsection (a) unless the city finds that an extraordinary benefit to the city exists for the replacement of a single particular billboard with a replacement billboard. Such extraordinary benefit shall be determined by: using general public health, safety, and welfare concerns; finding that the criteria set forth in sections 118-96 through 118-102 relating to special exceptions have been met; determining that the replacement billboard is less obtrusive, improves the aesthetic character of the city, protects or enhances highway safety and is placed in a more desirable location; and requiring additional landscaping and hardscaping enhancing the removal and relocated locations. Among other matters, the following matters shall be addressed in the relocation and reconstruction agreement: (i) the time period within which billboard removal and construction must occur, (ii) details regarding the elimination and removal of the billboards and billboard sign structures, and (iii) creation of a deed restriction or other mechanism(s) to ensure that the removed billboards cannot be re-erected or replaced at the existing or other locations (except as expressly allowed in the relocation and reconstruction agreement), including mechanism(s) to ensure that no lessee or other entity has any enforceable rights to continue or re-establish a billboard at the removal location.

(b)

Digital billboards. This section provides for the elimination of existing billboard signs in the city in exchange for the city's approval of a digital billboard sign in the city. Notwithstanding any provisions to the contrary, the provisions of this subsection shall be the sole mechanism available under this Code of Ordinances within which an existing billboard sign may be eliminated and replaced with a digital billboard and by which any digital billboard may be authorized in the city.

(1)

Existing non-conforming billboard signs may be eliminated and replaced with a digital billboard in accordance with section 102-92(4) and other applicable provisions of chapter 102 upon the city commission's approval of, and pursuant to, a relocation and reconstruction agreement, provided the additional minimum requirements set forth herein are met. Additional conditions and restrictions related to the replacement of billboard signs shall be set forth in the relocation and reconstruction agreement and/or as conditions to special exception use permit. Additional billboards constructed pursuant to this subsection shall comply with all federal and state laws and the provisions of this Code. The relocation and reconstruction agreement shall include provisions granting the city use and access to the digital billboard sign for displays and messages for emergencies, other urgent displays or messages, including, but not limited to Amber and other alerts, hurricane or other emergency warnings, and for displays and messages for city approved public benefit. The agreement shall allow for city displays and messages on the digital billboard sign for an agreed number of times to display public service announcements subject to advance city commission approval. Such city display and messages will be displayed during times the digital faces are in operation on the sign structure unless agreed otherwise.

(2)

In all circumstances, at least two billboard signs must be eliminated in order for a digital billboard to be constructed pursuant to this subsection (b) unless the city finds that an extraordinary benefit to the city exists for the replacement of a single particular billboard with a digital billboard. Such extraordinary benefit shall be determined by: using general public health, safety, and welfare concerns; finding that the criteria set forth in sections 118-96 through 118-102 relating to special exceptions have been met; determining that the replacement billboard is less obtrusive, improves or protects the aesthetic character of the city, protects or improves highway safety and is placed in a more desirable location; and requiring additional landscaping and hardscaping enhancing the removal and replacement locations. Among other matters, the following matters shall be addressed in the relocation and reconstruction agreement: (i) the time period within which billboard removal and construction must occur, (ii) details regarding the elimination and removal of the billboards and billboard sign structures, (iii) creation of a deed restriction or other mechanism(s) to ensure that the removed billboards cannot be re-erected or replaced at the existing or other locations (except as expressly allowed in the relocation and reconstruction agreement), including mechanism(s) to ensure that no lessee or other entity has any enforceable rights to continue or re-establish a billboard at the removal location and (iv) details relating to the City's use of, and access and criteria related to public displays, messages and announcements on, the digital billboard.

(3)

Digital billboards must comply with the following minimum operational standards:

A.

Digital billboards must contain static messages only and must not have movement, or the appearance or optical illusion of movement, during the static display period, of any part of the sign structure, design, or pictorial segment of the sign. Each static message shall not include flashing or the varying of light intensity except as set forth in subsection E.

B.

Each message on the digital billboard must be displayed for a minimum of eight seconds.

C.

Digital billboards must not operate at brightness levels of more than 0.3 foot candles above ambient light, as measured using a foot candle meter at the pre-set distance specified in this Section.

D.

Pre-set distances to measure the foot candles impact vary with the expected viewing distances of each size digital billboard. Measurement distance criteria is as follows:

Face Size	Distance to be measured from:
12' × 25'	150'
12' × 30'	150'
10'6' × 36'	200'

 

E.

Each digital billboard must have a light sensing device that will automatically adjust brightness levels as ambient light conditions change.

(4)

Spacing restrictions. The minimum spacing between digital billboards and between billboards and digital billboards with faces visible from the same driving direction must be 1,000 feet. The distance will be measured from the nearest point of the sign to the centerline of the roadway upon which the sign is intended to be viewed to the nearest point of the other sign as measured to its closest point to the centerline of the roadway upon which it is intended to be viewed.

(5)

Maximum height. The top of any digital billboard shall not exceed 40 feet in height above the crown of the adjacent roadway and shall not exceed 60 feet above ground level.

(6)

Size of copy area. The maximum size of the copy area, excluding cabinet and trim, of any digital billboard must not exceed 378 square feet. Smaller copy areas are encouraged.

(7)

Construction. All digital billboards must be constructed in compliance with all applicable building codes and must be constructed and maintained so as to assure proper alignment of the structure; continued structural soundness; and continued legibility of the messages displayed thereupon.

(8)

Maintenance and removal of digital billboard sign faces. Owners of digital billboards may remove the digital billboard sign faces only for the period required for the limited purposes of maintenance or service. During such period that the digital billboard sign faces are removed, the digital billboard owner is not permitted to operate the digital billboard as a static or traditional billboard unless provided otherwise in the relocation and reconstruction agreement. In the event that the digital billboard sign faces are removed for any other reason than for maintenance or service, or a digital billboard or any part thereof is operated as a static or traditional billboard, the owner of the billboard must comply with all requirements of sections 102-92 and 102-94, unless otherwise provided in the relocation and reconstruction agreement.

(Ord. No. 15-49, § 3, 5-28-15)