§ 138-3757. Off-premises signs.

Off-premises signs, except as otherwise provided in this section, shall only be located on properties which abut federal-aid primary or interstate highways (FAP) and which are zoned C-2, CP, E-1, E-2, I or IPD, and designated as industrial by the future land use map, and shall comply with the following:

(a)

Number. A maximum of one such sign per zone lot is permitted.

(b)

Lot area. The sign must be located on a zone lot, the minimum area of which shall be that lot area required in the zoning district in which the sign is to be located.

(c)

Sign area. The maximum area for an off-premises sign shall be 672 square feet per sign face. Two such sign faces may be mounted back to back on the same sign structure.

(d)

Height. The maximum height of such signs shall be 50 feet from ground level. In the case where the freestanding sign is on a parcel contiguous to an overpass or elevated road (excluding service roads) from which the sign is designed to be viewed, the maximum height of the sign shall be the greater of either 50 feet from the ground level or 25 feet measured from the highest point of the overpass or elevated road at the crown of the roadway surface to the top of the sign; such highest point to be determined by the average elevation between the perpendicular extension of the contiguous zone lot lines on which the sign is to be located, as such lot lines intersect the overpass or elevated road.

(e)

Separation requirements.

(1)

Off-premises signs shall not be located within a 1,500-foot radius of another such sign on interstate designated roadways (I-275), and shall not be located within a 1,000-foot radius of another such sign on all other federal-aid primary designated roadways. Provided, however, such radial spacing requirements shall be reduced to a 500-foot radius in connection with the conversion of a legally existing off-premises sign to an electronic changeable message sign in accordance with subsection 138-3757(g).

(2)

On all FAP roadways, off-premises signs that are allowed to have electronic changeable message displays shall not be located within a 2,500 linear feet of another off-premises electronic changeable message sign that is facing the same direction on the same roadway. Such distance shall be measured along the centerline of the abutting roadway. Additionally, the separation requirement for an off-premises sign that has an electronic changeable message display from an off-premises sign that does not have electronic changeable message display shall meet the requirements of subsection (e)(2), above.

(3)

No off-premises sign shall be placed within 400 feet of residentially zoned property, and any such sign within 400 feet of property subsequently classified residential shall be classified nonconforming and be subject to the nonconforming provisions of this section. In addition, the distance between a digital off-premises sign face and residentially zoned property shall be at least 500 linear feet, which shall be measured perpendicularly from a point on the digital off-premises sign face in a forward direction. In connection with the conversion of an existing sign face to a digital off-premises sign face, such 400-foot distance shall be reduced to 300 feet if the digital sign face faces away from the residentially zoned property.

(4)

Off-premises signs, erected after July 26, 2011, that are allowed to have an electronic changeable messages display, shall not be located within a 500-foot radius of an intersection or interchange, measured from the nearest roadway edge, that has signalized traffic-control devices at said intersection or interchange.

(f)

Setbacks. Off-premises signs shall be set back as follows:

(1)

Fifteen feet from any public right-of-way.

(2)

The side and rear setbacks of the applicable zoning district shall apply.

(g)

Off-premises signs with electronic changeable message displays prohibited with limited exceptions. Other than legally existing off-premises signs which already have an electronic changeable message display, an off-premises sign may not have an electronic message display except as follows:

(1)

Conversion of existing off-premises signs to electronic changeable message display signs. Legally existing off-premises signs without electronic changeable message displays, located on an FAP roadway, may be converted to off-premises signs with electronic changeable message displays in accordance with the requirements of section 138-3757 except for the restriction that such legally existing off-premises signs be on properties with an industrial future land use designation.

(2)

Erection of new off-premises signs with electronic changeable message display signs. New off-premises signs may be erected on an FAP roadway with electronic changeable message displays in accordance with the requirements of section 138-3757.

(3)

Conversion to electronic changeable message display with a shortened display time, as defined in section 138-3757(k). An electronic changeable message display sign, located on an FAP roadway, may be converted to operate with a shortened display time in accordance with the requirements of, except for the restriction that such legally existing off-premises signs be on properties with an industrial future land use designation.

(h)

Other requirements. Off-premises signs shall conform to the applicable requirements set forth in section 138-3752.

(i)

Intergovernmental coordination. In those locations at, or in proximity to jurisdictional boundaries where inconsistent sign regulations would serve to undermine the purpose and intent of the countywide minimum sign standards, the board of county commissioners may enter into an interlocal agreement with the applicable local government to provide for the regulation of signs within such transitional areas.

(j)

Acceleration of removal of non-FAP off-premises signs located in unincorporated Pinellas County. As an initiative to accelerate the removal of off-premises signs along non-FAP roadways, (i) legally existing off-premises signs that are located on an FAP roadway and do not have electronic changeable message displays may be converted to off-premises signs with electronic changeable message displays, and (ii) new off-premises signs with electronic changeable message displays may be erected on an FAP roadway, but only under the following conditions and only upon approval of an application for such conversion or new construction.

(1)

The applicant shall submit an application for administrative approval in the forms provided by Pinellas County to ensure compliance with applicable law, including the provisions of section 138-3757. In addition, as part of any application to utilize an electronic changeable:

a.

Applicant waives all rights to challenge the validity, constitutionality, and enforceability of section 138-3757(j);

b.

The removal by applicant of any non-FAP off-premises signs under this section 138-3757(j) in a given year shall not be counted toward satisfying a one-billboard structure per calendar year removal requirement established for such year under any existing settlement agreement to which applicant and Pinellas County are parties;

c.

Applicant agrees to furnish, with the application and within 30 days following the end of each calendar year, a written status to Pinellas County that identifies:

1.

Any information required to be included in any annual status report required to be provided by applicant to the county pursuant to the terms of any existing settlement agreement between applicant and Pinellas County, if any; and

2.

Applicant's billboards that are then located within Pinellas County and the square footage of sign face area on each identified billboard.

d.

The applicant agrees to the provisions on luminance and illuminance standards in section 138-3757(j)(7).

(2)

Except as provided in subsection (k) below, for each legally existing off-premises sign an applicant seeks to convert into an off-premises sign with one or more changeable electronic message displays, the applicant shall physically remove a minimum of two non-FAP off-premises sign structures for each single electronic changeable message sign face. In addition, the combined square footage of sign face area removed shall total at least four times the square footage of the electronic changeable message sign face for which the application is made. If the computation for the combined square footage of sign face area that is required to be removed exceeds the combined sign face area on the minimum two non-FAP off-premises sign structures that are required to be physically removed, then the applicant shall physically remove in their entirety such additional non-FAP off-premises sign structures that have display face area sufficient to meet or exceed the additional square footage required, i.e., that is sufficient to meet or exceed four times the square footage of the electronic changeable message sign face for which the application is made. The non-FAP off-premises sign structures designated in the application for removal shall not have been specifically identified for removal before the date of July 26, 2011 in a settlement agreement between the applicant (or its predecessor in interest) and Pinellas County. It is further provided that off-premises signs located on property annexed into a municipality shall not be considered removed for purposes of this subsection. The removal by applicant of any non-FAP off-premises signs under this subsection in a given year shall not be counted toward satisfying a one-billboard structure per calendar year removal requirement for such year under any existing settlement agreement to which applicant and Pinellas County are parties.

(3)

Except as provided in subsection (k) below, for each new off-premises sign with one or more changeable message displays an applicant seeks to erect, the applicant shall physically remove a minimum of two non-FAP off-premises sign structures for each single electronic changeable message sign face. In addition, the combined square footage of sign face area removed shall total at least four times the square footage of the electronic changeable message sign face for which the application is made. If the computation for the combined square footage of sign face area that is required to be removed exceeds the combined sign face area on the minimum two non-FAP off-premises sign structures that are required to be physically removed, then the applicant shall physically remove in their entirety such additional non-FAP off-premises sign structures that have display face area sufficient to meet or exceed the additional square footage required, i.e., that is sufficient to meet or exceed four times the square footage of the electronic changeable message sign face for which the application is made. The non-FAP off-premises sign structures designated in the application for removal shall not have been specifically identified for removal before the date of July 26, 2011 in a settlement agreement between the applicant (or its predecessor in interest) and Pinellas County. It is further provided that off-premises signs located on property annexed into a municipality shall not be considered removed for purposes of this subsection. The removal by applicant of any non-FAP off-premises signs under this subsection in a given year shall not be counted toward satisfying a one-billboard structure per calendar year removal requirement for such year under any existing settlement agreement to which applicant and Pinellas County are parties.

(4)

Exceptions to non-FAP off-premises signs removal requirements:

a.

An applicant shall not be required to physically remove any off-premises sign structures in conjunction with the relocation of an electronic changeable message display from a legally existing off-premises sign with an electronic changeable message display to an off-premises sign located on an FAP roadway in a location that meets all other requirements of section 138-3757(g). Upon removal of the electronic changeable message display from the existing sign, the applicant may replace the electronic changeable message display on the existing sign with a traditional billboard face.

b.

In the event that an applicant has identified a location on an FAP roadway that meets all requirements of section 138-3757(g) for the conversion of a legally existing off-premises sign to an electronic changeable message sign other than the radial separation requirements established in section 138-3757(e), an applicant may, as an alternative to the removal of one of the two required non-FAP removals, elect to physically remove one FAP structure in order to comply with the separation requirements. The applicant shall receive the same credit for the removal of such FAP structure as if a non-FAP structure was removed by applicant.

(5)

The minimum dwell time for any off-premises sign with changeable electronic message displays that are converted or erected pursuant to subsections (3), (4), and (5) above, shall be 60 seconds, except as permitted pursuant to subsection (k) below.

(6)

The right to operate an electronic changeable message off-premises sign shall be subject to the requirements of state law and any federal regulations that apply to FAP roadways. The applicant shall agree to abide by state law and applicable federal regulations in its application submitted pursuant to subsection (j)(1) above.

(7)

The applicant shall agree to abide by the luminance and/or illuminance standards, established at any time by Pinellas County, governing the brightness of an electronic changeable message off-premises sign, when such standard is predicated reasonably upon safety or aesthetics, and shall agree to waive or otherwise forbear the enforcement of any claim to a vested right as a result of any standard that has been or that may be established in the future as to the brightness of a sign, including an electronic changeable message sign, provided that any such standard maintains the visibility to the traveling public of the electronic sign message during day and nighttime hours. The agreement to abide by the foregoing shall be incorporated into the application for such conversion or erection.

(k)

Acceleration of removal of non-FAP off-premises signs located in unincorporated Pinellas County; shortened display time. As an added initiative to the acceleration of the removal of off-premises signs along non-FAP roadways, (i) a legally existing off-premises sign with an electronic changeable message display located on an FAP roadway, which is in place on July 26, 2011, (ii) a legally existing off-premises sign which has been converted to an electronic changeable message display in accordance with subsection (g)(10), or (iii) a new off-premises sign which has been constructed with an electronic changeable message display in accordance with section 138-3757(j), may be converted to an electronic changeable message display with a minimum 15-second dwell time (shortened display time) under the following conditions and upon the submission and approval of an application for a shortened display time.

(1)

The applicant shall submit an application for administrative approval in the forms provided by Pinellas County to ensure compliance with applicable law, including the provisions of section 138-3757. In addition, as part of any application to utilize an electronic changeable message display under this subsection, an applicant shall specifically agree to the following:

a.

Applicant waives all rights to challenge the validity, constitutionality, and enforceability of section 138-3757(j);

b.

The removal by applicant of any non-FAP off-premises signs under this subsection (j) in a given year shall not be counted toward satisfying a one-billboard structure per calendar year removal requirement established for such year under any existing settlement agreement to which applicant and Pinellas County are parties;

c.

Applicant agrees to furnish, with the application and within 30 days following the end of each calendar year, a written status to Pinellas County that identifies:

1.

Any information required to be included in any annual status report required to be provided by applicant to the county pursuant to the terms of any existing settlement agreement between applicant and Pinellas County, if any;

2.

Applicant's billboards that are then located within Pinellas County and the square footage of sign face area on each identified billboard; and

d.

The applicant agrees to the provisions on luminance and illuminance standards in section 138-3757(j)(7).

(2)

For each digital off-premises sign face for which an applicant seeks the shortened display time, the applicant shall physically remove a minimum of two non-FAP off-premises sign structures. In addition, the combined square footage of sign face area removed shall total at least four times the square footage of the electronic changeable message sign face for which the application is made. If the computation for the combined square footage of sign face area that is required to be removed exceeds the combined sign face area on the minimum two non-FAP off-premises sign structures that are required to be physically removed, then the applicant shall physically remove in their entirety such additional non-FAP off-premises sign structures that have display face area sufficient to meet or exceed the additional square footage required, i.e., that is sufficient to meet or exceed four times the square footage of the electronic changeable message sign face for which the application is made. The non-FAP off-premises sign structures designated in the application for removal shall not have been specifically identified for removal before the date of July 26, 2011 in a settlement agreement between the applicant (or its predecessor in interest) and Pinellas County. The FAP off-premises signs, as well as any additional off-premises signs that may in the future be lawfully erected along the FAP roadways, shall be eligible for obtaining the shortened display time. Off-premises signs located on property annexed into a municipality shall not be considered removed for purposes of this subsection (k)(2). The removal by applicant of any non-FAP off-premises signs under this subsection in a given year shall not be counted toward satisfying a one-billboard structure per calendar year removal requirement for such year under any existing settlement agreement to which applicant and Pinellas County are parties.

By way of example, an applicant who desires to install an off-premises electronic changeable message sign face with shortened display time, would be required to remove a minimum of four eligible non-FAP off-premises sign structures—a minimum of two eligible non-FAP off-premises sign structures for the installation of a new off-premises electronic changeable message sign face and a minimum of two eligible non-FAP off-premises sign structures for the right to utilize shortened display time on the sign face.

(3)

The right to operate an electronic changeable message off-premises sign for the shortened display time or for any period of time shall be subject to the requirements of state law and any federal regulations that apply to FAP roadways. The applicant shall agree to abide by state law and applicable federal regulations in its application submitted pursuant to subsection (k)(1), above.

(4)

The applicant shall agree to abide by the luminance and/or illuminance standards, established at any time by Pinellas County, governing the brightness of a digital off-premises sign, when such standard is predicated reasonably upon safety or aesthetics, and shall agree to waive or otherwise forbear the enforcement of any claim to a vested right as a result of any standard that has been or that may be established in the future as to the brightness of a sign, including a digital sign, provided that any such standard maintains the visibility to the traveling public of the electronic sign message during day and nighttime hours. The agreement to abide by the foregoing shall be incorporated into the application for the attainment of the shortened display time.

(l)

Other than as set forth in subsections 138-3757(j) and (k) herein, there shall be no new off-premises signs with electronic changeable message displays erected within unincorporated Pinellas County.

(m)

Any development order, including a building permit or a sign permit, that permits construction of an electronic changeable message display under either subsection section 138-3757(j) or section 138-3757(k) shall be deemed a development order of the type described in F.S. § 70.20(12).

(Ord. No. 18-36 , § 3(Att. B), 10-23-18)