HomeMy WebLinkAboutDocumentation_Regular_Tab 19_11/13/20081. VILLAGE COUNCIL MEETING:
VILLAGE OF TEQUESTA
AGENDA ITEM TRANSMITTAL FORM
Meeting Date:
11-13-08 Meeting Type: Regular Ordinance #: 19-08
Consent Agenda: No Resolution #: NA
Originating Deparfiment: Community Development
2. AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report)
Revision of Sign Ordinance.
3. BUDGET /FINANCIAL IMPACT:NONE
Account #: ~r~r t~M Amount of this item:
Current Budgeted Amount Available: Amount Remaining after item:
Budget Transfer Required: :" +~, ~ ~: Appropriate Fund Balance: _ .
4. EXECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shot description of the agenda item)
Click here to enter text
Revisions to the Sign Ordinance to clarify language for Code Enforcement and interpretation. Also, to
add a section to allow for a temporary sign for businesses, prior to a permanent sign being installed.
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Attorney: (for legal sufficiency)
Village Manager:
• SUBMIT FOR COUNCIL DISCUSSION:
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INTER-OFFICE MEMORANDUM
DEPARTMENT OF COMMUNITY DEVELOPMENT
To: Mayor and Council
Michael Couzzo, Manager
From: Catherine Harding ~" -!~ ~ ~J
Community Development director
Re: Ordinance # 19-08
Date: 11-04-08
Ordinance # 19-08 updates the sign regulations to add language necessary for Code
Enforcement and further to clarify the code for interpretation. It provides for relief
for new business owners to permit a temporary sign until a permanent sign can be
installed anal changes the text to conform to new amendments to the Code of
Ordinances previously adopted.
A memo dated 10-29-08 attached, details revisions recommended by Community
Development.
VILLAGE OF TEQUESTA
To: Trela White, Corbitt and White
From: Catherine Harding
Community Development Director
Date: 10-29-08
Reference: Revision of sign ordinance 19-0
Trela,
I have reviewed Ordinance No. 19-08 clarifying Sign Regulations. My comments are as
follows:
1) Sec. 78-734, (a), (3): Change three blueprints to two sealed plans and
delete: ink drawings of the plans.
2) Sec. 78-740, (a) Off-premise signs are prohibited, ADD: except where
specifically allowed by this chapter.
3) Sec. 78-740. (c), (6): Change text "four feet by eight feet" to 20 square
feet.
4) Sec. 78-74 L (b), (2), d. ii: Delete this section. ti'Ve currently have no
shopping centers which front on Tequesta Drive and Route # 1.
5) Sec. 78-741. (b). (4): Approval of site plan. Delete all.
345 Tequesta Dr., Tequesta, Fl 33469
561.575.6200 * Fax: 561-575-6203
www.tequesta.o~
VILLAGE OF TEQUESTA
,-
6) Sec. 78-742. Exemptions. Add new exemption: (1) to allow temporary
suns, announcing a new business a maximum size of 6 square feet, for a
period of 30 days, to be placed in store-front windows as part of the sign
permitting application. Such temporar~gns are required to be removed
when the permanent si;;n is erected or no loner than 30 days after
installation of the tempora - sign.
7) Sec. 78-743. (a) Add: only one sign shall be permitted "on each street
frontage"
8) Sec. 78-743 Change 20 Square Feet to 15 square feet. Delete: and.
9) Sec. 78-743 Add: after six feet above grade, or not to exceed the height
of the wall or fence.
10) Sec. 78-744. (c) (2): Change five years to one .
11) Sec. 78-745. (h): Add banners back. It is the only place where they
are addressed. Add: add after community -wide events, or new business
openings.
12) Sec. 78-746. Decorative Signs. Change community appearance to
Planning and Zoning Board.
13) Sec 78-747. Check with DBPR for licensing requirements.
345 Tequesta Dr., Tequesta, Fl 33469
561.575.6200 * Fax: 561-575-6203
www.teauesta.or~
,'
~rrt;~~a.. ~ ~ VILLAGE OF TEQUESTA
~-,
~~
Please call me and we can go over these changes as to reason. Thanks for all
your help,
Catherine
345 Tequesta Dr., Tequesta, Fl 33469
561.575.6200 * Fax: 561-575-6203
www.teauesta.ors
ORDINANCE N0.19-08
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING CHAPTER 78. ZONING. AT
ARTICLE XI. SIGNS. BY UPDATING THIS ARTICLE TO CONFORM
WITH RECENTLY REVISED SITE PLAN REVIEW PROCEDURES AND
OTHER CHANGES IN PROCEDURES AND POLICIES; AND TO
CLARIFY EXISTING REGULATIONS REGARDING VARIOUS
CATEGORIES OF SIGNS; PROVIDING THAT EACH AND EVERY
OTHER SECTION AND SUB-SECTION OF CHAPTER 78. ZONING.
SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY
ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY
CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE
DATE; AND FOR OTHER PURPOSES.
WHEREAS, the Village code was recently amended by eliminating the Community
Appearance Board and by updating the site plan review process; and
WHEREAS, the Village Sign code must be revised to conform to the aforesaid
amendments and updates; and
WHEREAS, in conjunction with those sign code revisions, the Village Council desires
to clarify regulations for various categories of signs that are allowed throughout the Village; and
WHEREAS, the Village Council believes the code amendments contained in this
ordinance will be in the best interests of the Citizens of the Village of Tequesta.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1: Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta
is hereby amended at Article XI. Signs. by updating this Article to conform with recently revised
site plan review procedures and other changes in procedures and policies, and by clarifying
regulations regarding various categories of signs; providing that Article XI. Signs. shall hereafter
read as follows:
1
ARTICLE XI. SIGNS
Sec. 78-731. Intent.
(a) It is the intent of this article to promote and protect the public health, safety, general welfare,
and aesthetics of the village by regulating and limiting the existing and proposed posting,
display, erection, use and maintenance of signs and other forms of advertising structures within
the village.
(b) It is further intended to protect property values, create a more attractive economic and
business climate, enhance and protect the physical appearance of the community, preserve the
scenic and natural beauty of the village and provide a more enjoyable and pleasing community.
Also, it is intended by this division to improve vehicular and pedestrian safety, provide more
open space, curb the deterioration of natural beauty and the community environment, and reduce
visual pollution.
Sec. 78-732. Prohibited signs generally.
No signs shall be permitted in the village except those specifically allowed by this article.
Sec. 78-733. Permit required; applicability of building and electrical codes.
It shall be unlawful for any person to erect, repair, alter, relocate or maintain within the village
any sign or other advertising structure as defined in this chapter without first obtaining all
required permits from the building official and making payment of a fee as set forth by the
village. In addition, all signs shall be subject to the provisions, permit fees, and inspection
requirements of the village building and electrical codes.
Sec. 78-734. Application for permit.
(a) Applications for sign permits shall be made upon proper forms provided by the building
official and shall contain or have attached thereto the following information:
(1) Name, address and telephone number, if any, of the applicant.
(2) Location of the building, structure, or lot to which or upon which the sign is to be attached
or erected and the position of the sign thereon.
(3) T14°e 'c'=~~"'"'"+" "" '"'' a,.,,-.,;,..,.~ ~~ +'' Two sealed plans and specifications for the
construction and attachment of the sign, showing stress sheets and calculations for dead load and
wind pressure as required in this article.
(4) Name of person erecting the structure.
(5) Written consent of the owner of the building, structure or land on which the structure is to
be erected.
(6) Any building or electrical permit required and issued for the sign; provided, however, it
shall be permissible to have the applicant delay the acquisition of a building or electrical permit
until after the applicant has received conditional approval of all other aspects of his application.
(7) Such other information as the village shall require to-s13ew sho~win full compliance with
this article and all other laws and ordinances of the village.
(b) In all applications for permits where a matter of interpretation arises, the most rigid
definition shall prevail.
(c) In addition to the requirements set forth in subsection (a) of this section, all nronosed
signaae which is Hart of an applications for site elan review sign yvaiiiit.i ~ -~ ~~-~ f ~~~*.,ra:.,,.
sign shall be submitted to the nlannina and zoning advisorv board e
2
for review, and to the village council for approval as part of the site plan review
process as established in article IX, division 2 of this chapter. No sign requiring village council
approval shall be permitted until the plans for the sign have been submitted to the E~3`
appeara~e planning and zoning advisory board and in turn approved by the village council.
Sec. 78-735. Issuance of permit; expiration of permit.
(a) It shall be the duty of the building official, upon the filing of an application for a sign
permit, to examine the plans and specifications and other data and the premises upon which it is
proposed to erect the sign or other advertising structure, and, if it shall appear that the proposed
sign or structure is in compliance with all the requirements of this article and all other provisions
of this Code, and, where required, having •°°°~•~°a *'~° ~„-'r°~~~' °~ *'~°
been reviewed by planning and zoning advisory board andler approved by the village council,
issue the permit.
(b) The building official shall act upon an application for a permit with plans as filed, or as
amended, without unreasonable or unnecessary delay. A permit issued shall be construed to be a
license to proceed with the work and shall not be construed as authority to violate, cancel, alter,
or set aside any of the provisions of this Code or any other regulations of the village, nor shall
such issuance of a permit prevent the building official from thereafter requiring a correction of
errors in the plans or in construction, or of violations of this article or other regulations of the
village. Any permit issued shall become invalid unless the work authorized by it shall have been
commenced within 90 days after its issuance, or if the work authorized by such permit is
suspended or abandoned for a period of six months after the time the work is commenced.
Suspension or abandonment of the work will be considered to have taken place when a period of
six months lapses between required scheduled inspections. A permit may be revalidated for a
period of 90 days when just cause is given upon the payment of an additional fee of 50 percent of
the original fee. No refunds of permit fees shall be allowed °~°r zn a.,~,~ ~.°.,. °,.;,~;,,,,i ;~~,,.,,,°°
(c) Provided the application complies with this article and other applicable regulations, the
building official shall issue a permit for each such sign or advertising structure, retaining a copy
thereof and a copy of the plans of the sign or advertising structure for his records. Permits shall
disclose:
(1) The type of sign, advertising structure or high voltage tube lighting authorized by the
permit.
(2) The legal description of the property upon which the sign, advertising structure or high
voltage tube lighting is permitted to be located and name of the owner or lessee of such property.
(3) The location upon the property where the sign, advertising structure or high voltage tube
lighting is permitted.
(4) The name of the person erecting the structure.
(5) The amount of the fee paid for such permit.
(6) The date of issuance.
Sec. 78-736. Permit fee.
In addition to any other applicable building permit fees which may be required, every applicant,
before being granted a sign permit, shall pay to the village a permit fee for each such sign or
other advertising structure regulated by this article as set by resolution of the village council and
on file in the village clerk's office.
Sec. 78-737. Painting.
Painting of signs is required every two years from the date of the issuance of the permit, or more
often if deemed advisable by the village. The owner of any sign as defined and regulated by this
article shall be required to have properly painted at least once every two years all parts and
supports of the sign, unless the parts and supports are galvanized or otherwise treated to prevent
corrosion. This section shall be interpreted and enforced in accordance with and in contemplation
of the provisions of this chapter.
Sec. 78-738. Wind pressure and dead load requirements.
All signs and other advertising structures shall be designed and erected to withstand a wind
velocity of 150 miles per hour and shall be constructed to receive dead loads as required in the
building code or other provisions of this Code.
Sec. 78-739. Setbacks.
All freestanding signs shall be so located on a lot or parcel as to provide aten-foot minimum
setback from a front yard property line and from a front yard and corner side yard property line
when the lot or parcel is a corner lot or parcel with direct exposure to two public streets. The
minimum required setback shall be measured from the property line to the leading edge of the
freestanding sign structure.
Sec. 78-740. General restrictions; maximum size and number of signs.
The restrictions and maximum size of the signs in areas of the village shall be as follows:
(a) Off-premises signs. Signs shall advertise only the structure or business or land parcel upon
which the sign is erected or affixed. Off premises suns are n_ rohibited except for temporarv oven
house directional suns and tempora_rv development suns on remote parcels per sections 78-
740(bl(1)and 743(a).
(b) Residential districts. Signs in residential districts shall be subject to the following:
(1) In residential districts R-1 A, R- 1, R-2, ~ R-3 and in residential areas of a Mixed Use
"MU"1 development no more than one sign per lot shall be permitted with an exposed area of
not more than four square feet, and advertising only the sale, lease or rental of the lot or the
improvements thereon. No off-site signs shall be permitted; except, however, one open house
directional sign of not more than two square feet, located on the same block as an advertised
open house, is permitted during daylight hours on Saturday and/or Sunday only. Such sign shall
be exempt from any village permitting requirements.
(2) In r°~~~~ residential districts R-2 and R-3, one sign shall be allowed attached to the
building or structure thereon, if any, provided that no signs in any case shall be larger than 20
square feet.
(3) Identification signs at entrances to driveways and/or parking lots not to exceed two square
feet in size shall be allowed.
(4) Signs in any residential district which advertise the sale, rental, or lease of real estate shall
be removed no later than three days subsequent to the sale, rental, or lease. Sale, rental, or lease
shall be deemed to be the date upon which a contract for such sale, rental or lease is fully
executed. Such sign shall be exempt from any village permitting requirements.
(5) Signs in any R/OP district shall be allowed only after review by the planning and zoning
advisorv board and upon approval by the village
4
council in accordance with the r„~~°^~~°~+ *^ site plan review process as established in article
IX, division 2 of this chanter.
(6) Churches or synagogues located in residential districts shall be allowed signage as follows:
a. Freestanding sign: One freestanding sign shall be allowed, not to exceed 30 square feet in
total area, with a maximum height of seven feet above finish grade. The sign shall meet the
setback requirement of section 78-739. Up to 50 percent of the approved sign may be used as a
changeable letter reader sign. An such freestanding sign shall be allowed only after review by
the lapping and zoning advisorv board and upon approval by the village council in accordance
with the site elan review process as established in article IX division 2 of this chanter
b. Wall sign: One wall-mounted sign per building shall be allowed, not to exceed 20 square feet
in total area, to be constructed using individual raised letters and/or a metal plaque type sign.
c. Monument sign: One ground-based monument sign shall be allowed, not to exceed 20 square
feet in area, with a maximum height of four feet above finish grade. The sign shall meet the
setback requirement of section 78-739. An such monument sign shall be allowed only after
review by the planning and zoning advisorv board and upon approval by the village council in
accordance with the site plan review process as established in article IX division 2 of this
chanter.
d. Multiple wall signs shall be allowed, providing that the total square foot area does not exceed
20 square feet and the signs are uniform with respect to style, color and sign material.
(c) Commercial districts. Signs in C-1, C-2, and C-3 commercial districts shall be subject to
the following:
(1) In shopping centers, the size, design and location of wall signs shall meet the technical
requirements as established by this Code and shall be permitted after approval by the building
official aid-the-Eeu~~-app~~. Uniformity and proportion of design shall be
carried out insofar as is possible. Standard trademark signs may be permitted provided they meet
the technical requirements of this article and any applicable requirements of the building and
electrical codes. Any freestanding signs shall meet the technical requirements of this article and
be-s~ee~-te shall be allowed only after review by the planning and zonins advisorv board and
approval by the village council in accordance with the site plan review process as established in
article IX. division 2 of this chapter. tl~e i°- ^a ° ~°~ ^~ +~° ^ ,,:,~, ° ° °
a Y'~' nY Sb ~ ~ ~ vu u sv
(2) In commercial districts C-1, C-2, and C-3, not including properties within shopping centers,
all wall signs shall meet the technical requirements as established by this article and shall be
permitted after re~ie~w approval by the building official
appeal.
(3) Fixed ceiling-mounted signs on shopping center walkways will be allowed provided they
are at right angles to the building and do not exceed five square feet in size and do not exceed
one per establishment.
(4) In buildings where establishments use a common doorway or doorways or do not have
individual door openings and frontage to a street or parking area, the following alternative may
be permitted after approval by the building official ,,..~a +~° ^ „~*~~ ° ° ° ~^°ra: A
composite sign for all tenants not to exceed 60 square feet or a design for display of individual
signs not to exceed three square feet each and not more than 60 square feet in aggregate.
(5) In commercial districts C-1, C-2, and C-3, corner structures of buildings with direct
exposures to two or more public streets or to a shopping center and a street shall be allowed a
sign on each side of the building exposed to a street or shopping center.
5
(6) Signs in any commercial district which advertise the sale, rental or lease of real estate shall
not exceed a dimension of f~~~r f °* ~~~ °~~-~* ~ * 20 sauare feet. Such signs shall be removed no
later than three days subsequent to the sale, rental or lease of the property advertised. Sale, rental
or lease shall be deemed to be the date on which a contract for such sale, rental or lease is fully
executed.
Sec. 78-741. Technical requirements.
The following technical requirements shall apply as set forth in this section:
(a) Residential districts. Signs in residential districts zoned R-lA, R-l, R-2, and R-3~ and
residential areas of a MU Zoning District shall follow the provisions of section 78-740(b).
(b) Commercial districts. Signs in commercial districts C-1, C-2, and C-3 shall be subject to
the following:
(1) Signs on buildings.
a. One sign per establishment shall be permitted on the building or structure, not to exceed 60
square feet in area.
b. Multiple wall signs on a building frontage or tenant area may be permitted upon approval by
the building official :~.u the ° ~~*-~ ° ° ° ~-~~-a that do not exceed the maximum
square foot area allowed and have uniformity with respect to color, style and type of sign
material.
(2) Freestanding signs.
a. Shopping centers within the C-1 neighborhood commercial district shall be allowed one
freestanding sign, not to exceed 60 square feet in area and not to exceed 16 feet in height from
finished grade and having a minimum setback of ten feet in accordance with section 78-739.
Landscaping and irrigation at the base of any such signage may be reauired by the Community
Development Director. or may be recommended by the planning and zoning advisory board and
required by the the village council as Hart of the site elan
review process as established in article IX division 2 of this chanter whenever the landscaping
and irrigation are considered desirable ~~ °~*'~°~ ~°a=~
b. Shopping centers within the C-2 community commercial district and the C-3 general
commercial district shall be allowed one freestanding sign, not to exceed 60 square feet in area
and not to exceed 20 feet in height from the finished grade and having a minimum setback often
feet in accordance with section 78-739. Landscaping and irrigation at the base of any such
signage may be reauired by the Community Development Director or may be recommended by
the planning and zoning advisory board and required by the
the village council as part of the site plan review process as established in article IX division 2
of this chapter whenever the landscaping and irrigation are considered desirable'~° °~*~°-~'~°a~~
c. Shopping centers not utilizing additional freestanding signage or having approved outparcels
with approved freestanding signage within the C-2 community commercial district having
frontage along U.S. Highway 1 shall be allowed one freestanding sign, not to exceed 100 square
feet in area and not to exceed 20 feet in height from finished grade and having aten-foot
minimum setback in accordance with section 78-739. Landscaping and irrigation at the base of
any such signage may be reauired by the Community Development Director or may be
recommended by the plannine and zoning advisory board and required by the ee~t3`
the village council as part of the site plan review process as established
in article IX. division 2 of this chapter whenever the landscaping and irrigation are considered
desirable ~,,. °~*'~°-- ~°a~,. Shopping centers within the C-2 community commercial district having
6
frontage along U.S. Highway 1 utilizing freestanding signage in excess of 60 square feet in area
but not to exceed the 100 square feet in area allowance as provided in this subsection shall not be
permitted any additional freestanding signs on any lot or parcel comprising the shopping center
or on any outparcel associated therewith.
d. Additional freestanding signs shall be permitted in shopping centers within the C-2
community commercial district having U.S. Highway 1 frontage under the conditions as follows:
i. Shopping centers with approved outparcels, not utilizing the freestanding signage allowance
in excess of 60 square feet in area but not to exceed 100 square feet in area as provided for
within this subsection, shall be permitted one freestanding sign for each outparcel, not to exceed
45 square feet in area and not to exceed eight feet in height from finished grade and having a
minimum setback of ten feet in accordance with section 78-739. Landscaping and irrigation at
the base of any such signage may be reauired by the Community Development Director. or may
be recommended by the planning and.. zoning advisory board and required by the sew
the village council as part of the site plan review process as established
in article IX. division 2 of this chapter whenever the landscaping and irrigation are considered
desirable'~~~ °~*'~°~ ~-°a-'
iii. Shopping centers having U.S. Highway 1 frontage in excess of 600 lineal feet, not utilizing
the freestanding signage allowance in excess of 60 square feet in area but not to exceed 100
square feet in area provided for in this subsection and not utilizing any outparcel signage allowed
in this subsection, shall be permitted additional freestanding signage not to exceed two additional
freestanding signs for each eligible shopping center, provided that the additional signage shall be
located a minimum of 300 lineal feet from any other freestanding sign within the shopping
center. Any proposed additional freestanding sign not separated by a distance of at least 300
lineal feet from any other freestanding sign on the proposed shopping center site shall be
prohibited. Any such additional freestanding signage shall be of the same style and colors as the
other freestanding signs. Any such additional freestanding signage shall not exceed 60 square
feet in area and shall not exceed 20 feet in height from finished grade and shall have a minimum
setback of ten feet in accordance with section 78-739. Landscaping and irrigation at the base of
any such signage may be re uired by the Community Development Director. or may be
7
recommended by the planning and zoning advisory board and required by the send
the village council as Hart of the site plan review process as established
in article IX, division 2 of this chanter whenever the landscaping and irrigation are considered
desirable'^~~ °~~.
iv. Such additional freestanding signs as may be allowed shall be constructed in accordance
with all other provisions of this subsection.
e. Establishments not in shopping centers shall be allowed one freestanding sign under the
conditions as follows:
i. Establishments not in a shopping center and located within the C-1 neighborhood commercial
district shall be allowed one sign per building apart from the building not to exceed 60 square
feet in area and not exceeding 16 feet in height from finished grade and having a minimum
setback of ten feet in accordance with section 78-739. Landscaping and irrigation at the base of
any such signage may be reauired by the Community Development Director or may be
recommended by the planning and zoning advisory board and required by the un~
the village council as hart of the site elan review nrocess as established
in article IX. division 2 of this chanter whenever the landscaping and irrigation are considered
desirable ''° °~*'~°~ ~~a-~. The sign shall be located within the middle one-third of the property
fronting on the public street.
ii. Establishments not in a shopping center, located within the C-2 community commercial
district or the C-3 general commercial district, shall be allowed one sign per building apart from
the building not to exceed 60 square feet in area and not exceeding 20 feet in height from
finished grade and having a minimum setback of ten feet in accordance with section 78-739.
Landscaping and irrigation at the base of any such signage may be reauired by the Community
Development Director. or may be recommended by the planning and zoning advisory board and
required by the the village council as part of the site plan
review process as established in article IX_ division 2 of this chanter whenever the landscaping
and irrigation are considered desirable fr==-~~*~°~ ~~a-~. The sign shall be located within the
middle one-third of the property fronting on the public street.
(3) Changeable letter signs. Changeable letter signs are prohibited except for the reader
portions of theater signs, menu boards for fast food restaurants and where specifically exempted
or allowed by state law, this code or by specific recommendation of the planning and zonine
advisory board and approval of the the village council as Hart
of the site plan review process as established in article IX division 2 of this chapter.
~#en-eeestand~g~ig~s~-~e-c~ee-Lien-e~-a~--~' o r'~zen~g--distn~~
Sec. 78-742. Exemptions.
The following signs shall be exempt from the permitting requirements set forth in this article:
(a) Professional nameplates.
(b) Signs on residential property designating the owner's name or name of home not to exceed
one square foot in size.
(c) Control signs such as those designating exits, entrances or no trespassing, not to exceed two
square feet in size; provided, however, signs of a larger size, which clearly serve the public
8
interest and safety, may be permitted upon application to and approval by the ee~3~
° °'~°°~a building official.
(d) Signs denoting the architect, engineer, contractor or developer when placed upon work
under construction, and not exceeding 16 square feet in area; provided, however, such signs must
be removed within three days after the issuance of a certificate of occupancy.
(e) Occupational signs on or near to a main entrance denoting only the name and profession of
an occupant in a commercial building or public institutional building and not exceeding six
square feet in area.
(f) Memorial signs or tablets, names of buildings and date of erection when cut into any
masonry surface or when constructed of bronze and other incombustible materials.
(g) Lettering on windows not to exceed three inches in height per letter, indicating the occupant
of the office and the nature of business.
(h) Signs that may be required by any agency of the state or federal government.
(i) Traffic or other municipal signs, legal notices, railroad crossing signs, danger and other such
temporary, emergency or n non commercial signs.
(j) Safety or caution signs such as "No Smoking" signs near flammable materials.
(k) Paper or other temporary signs may be affixed or otherwise attached to or displayed within
glass display windows of commercial establishments or stores in commercial districts C-1, C-2,
and C-3, without the requirement of a permit being obtained therefor; provided, however, that
not more than one such sign shall be permitted within or upon any such window display, and
further, that any such sign shall not exceed 500 square inches in size. The foregoing shall not
prohibit the use of tags or placards, when such are directly adjacent to or attached to merchandise
displayed for sale; provided, however, that the size and number of such signs are aesthetically in
keeping with the display window or building.
(1) Those signs described in section 78-740(b)(1), which permits one sign per lot in the R-1 A,
R-1, R-2 and R-3 districts. and in residential areas of MU Zoning Districts advertising the sale,
lease or rental of the lot on which the sign is located and so as to allow one open house
directional sign, all pursuant to the regulations set forth therein.
(ml Temporarv signs announcing a new business_ a maximum size of 6 sauare feet, to be placed
in store-front windows. for a maximum period of 30 days from date of application for a
permanent sign. Such temporary signs are reauired to be removed when the permanent sign is
installed or no later than 30 days after installation of the temporary sign, whichever is sooner.
Sec. 78-743. Subdivision and development signs.
(a) Temporary signs promoting the development of subdivisions shall be allowed upon approval
by the building official R„a *'~° ° ,,;,., ° '~ a and such permits shall be granted
for a period of six months only. Applications for renewal must be made again to the building
official and such renewal shall be for asix-month period. Only one such sign shall be permitted
on each street frontage, not to exceed 32 square feet in area or exceed 12 feet in height above
grade, and the sign shall meet the setback requirement of this article. The limitations within this
article prohibiting off-site signage shall apply to the temporary signs described in this subsection;
except, however, if the subdivision for which the sign is intended is geographically isolated from
vehicular traffic, and where the applicant can provide sufficient proof to the village council that
such condition has impaired the ability of the developer to market the subdivision, the village
council may allow the temporary sign referenced in this subsection to be placed off-site at a
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place and location and under conditions acceptable to the village council. Such signage shall be
subject to '
review by the planning and zoning advisorv board and approval by the village council in
accordance with the site elan review process as established in article IX division 2 of this
chapter. Applications for renewal beyond the initial six-month temporary period shall be subject
to approval by the village council.
(b) Permanent entrance signs on fences, walls or other appropriate structures with lettering
and/or informative designs upon them shall be permitted only at entrances of developments or
projects upon approval by the building official .Such signs
shall not exceed ~9 15 square feet in area, shall not exceed six feet in height above grade, shall
not exceed the height of the wall or fence on which thev are installed, and shall meet the setback
requirements of this article.
Sec. 78-744. Unsafe, unlawful or nonconforming signs.
(a) Unsafe or unlawful signs. When, upon inspection by the building official, any sign is found
unsafe or insecure, not properly maintained. constructed or erected, in a dilapidated or hazardous
condition. or erected without first obtaining a proper permit, the owner shall be required to make
it safe and secure and of proper construction, or remove it, or obtain a proper permit within 48
hours from the time of notification in writing to this effect from the building official; provided,
however, this time shall be extended to 30 days when painting only is required.
(b) Removal of sign advertising discontinued business. When a business or service using an
identification or advertising sign is discontinued, all signs and sign structures relating to the
business or service shall be removed by the owner of the property on which the sign is located
within ten days from the date of discontinuance. If such business or service is bankrupt, the
village, after proper notice, shall have the sign removed.
(c) Nonconforming signs.
(1) A sign existing within the village upon the date of passage of the ordinance from which this
article is derived, or a sign existing in an area annexed to the village after the passage date of
such ordinance, which, by its height, square foot area, location, design, use or structural support
does not conform to the requirements of this article, shall hereafter be termed nonconforming.
(2) All nonconforming signs within the village or within an area annexed to the village shall be
removed prior to the expiration of fie one years after the date of passage of the ordinance from
which this article is derived or after annexation, whichever applies.
(3) The period of time for removal shall begin upon the passage of the ordinance from which
this article is derived for signs within the village and upon the effective date of annexation for
signs within the area being annexed. The building official shall mail notice of existence of
nonconforming signs to the owner or to any other person in control of the premises on which the
nonconforming sign exists.
(d) Conforming and nonconforming signs prohibited on same lot. No conforming sign or sign
structure shall be erected on the same plot with an existing nonconforming sign until the
nonconforming sign has been removed or made conforming.
Sec. 78-745. Prohibitions in all zoning categories.
(a) Blinking or reflective signs. No blinking, flashing, intermittent, animated or reflective type
signs shall be permitted. Each light must be constant in intensity of illumination with a soft and
muted effect.
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(b) Signs extending above roof height. No sign shall extend above the roof height unless
backed by a parapet wall extending the entire length of the building and with the same or greater
height than the sign.
(c) Outline lighting. No neon tubing or other lineal use of lighting in outlining either the sign or
the building or structure shall be permitted.
(d) Painted wall signs. No painted wall signs shall be permitted. Lettering on walls must be of
raised design.
(e) Signs on vehicles. Signs attached to or placed on a vehicle (including trailers) that are
parked on public or private property shall be prohibited. This provision is not to be construed as
prohibiting the identification of a firm or its principal products on a commercial vehicle
operating during the normal hours of business; provided, however, that no such vehicle shall be
parked on public or private property with signs attached or placed on such vehicle primarily for
the purpose of advertising a business or firm or calling attention to the location of a business or
firm.
(f) Political signs. Political signs are regulated as follows:
(1) No temporary political sign shall exceed six square feet per sign face in area;
(2) No temporary political sign shall be placed in any public right-of--way or on any public
property;
(3) No temporary political signs shall be placed in a location, as determined by the village
manager or his designee, in such a manner as to constitute a safety hazard, or hindrance to
pedestrian or vehicular traffic;
(4) Temporary political signs shall not be erected more than 30 days prior to the date of the
election, er referendum or matter to which the sign is directed;
(5) All temporary political signs shall be removed within seven days after the date of the
election, er referendum or matter to which the sign is directed. If the signs are not timely
removed, the village may enter upon the property where the sign is located and remove the sign
at the property owner's expense; provided that, prior to the removal by the village, the village
shall, within the seven-day period, send by hand delivery or certified mail, return receipt
requested, to the addresses of the owner of each property on which the temporary political sign is
located and to the owner as listed on the current tax rolls of the county, a notice of
noncompliance stating that the village shall remove the sign at the property owner's expense if
the sign is not removed within the seven-day period following the election er referendum or
matter to which the sim is directed. Each sign not removed prior to expiration of the seven-day
period shall constitute an abandoned sign not requiring a hearing prior to its removal by the
village. The cost of removal by the village shall be as set by resolution of the village council and
k~ on file in the village clerk's office, €e~c ~c~~;,°~~'-~~~~- r~r~°', which cost shall be
assessed against the property owner and may be levied upon the property upon which the
violating sign was located. However, no cost of removal shall be assessed against the property or
property owner if the property owner can conclusively prove to the village manager, or his
designee, that he was not responsible for the temporary political sign and had no knowledge of
the temporary sign being placed or maintained on his property.
(g) Signs on windows or doors. Signs on shop windows, display windows, or doors or other
windows shall be subject to the following: Permanent signs shall be permitted to be erected or
painted upon any window or door as provided forte _~~ in this article. Any such sign
permitted shall be part of the overall sign area permitted and shall not exceed 30 percent of the
window or door area.
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(h) Outdoor merchandising displays. No outdoor merchandising display of banners or other
merchandising material shall be permitted except for temporary special community-wide events
or new business openings, and then only by special permission of the village manager u
determination that the proposed displav will be in the best interests of the health safety and
welfare of the citizens of the villa e.
(i) Reserved parking space signs. No signs identifying or designating parking spaces as
reserved for individual tenants, businesses and/or property owners shall be allowed. Signs
identifying handicapped parking spaces per state, county and municipal requirements are exempt
from this article;
Lit Off-premise or billboard signs. No off-premise or billboard suns shall be permitted
k Signs placed on public propertv No signs placed attached posted or located on or to anv
tree. utility pole, street light, sidewalk. curb. fire hvdrant bridge or anv other public propertv
shall be permitted: except that public utility. convenience. and warning signs are permitted if
approved and erected by governmental agencies having iurisdiction over the applicable propertv•
(1) Moving signs. No signs in motion_ including swinging, rotating or revolving signs shall be
permitted:
(ml Official signs. No signs which copv or imitate official signs or which purport to have
official status shall be permitted•
(n) Signs with illegal messages. No signs which displav anv obscene or illegal written or
graphic message shall be permitted:
(ol Signs interfering with buildings. No signs which obstruct or interfere with anv door, fire
exit, stairway, ladder or opening intended to provide light. air. ingress or egress for anv building
shall be permitted:
(p) Signs creating traffic safety or fare hazards. No signs which constitute a traffic safety or fire
hazard. by reason of size. location. coloring or method of illumination_ which obstruct the vision
of motorists or pedestrians: or which obstruct or detract from anv official traffic control devices
or utilize the words "stop". "look". "danger". or anv other word or phrase. symbol or character in
such a manner as to interfere with mislead or confuse traffic shall be permitted•
__ ___
(al Cube signs. No cube sign or advertising structure comprised of (4) four faces, with copv on
three (3) or more faces shall be permitted;
(r) Aircraft search lights. No aircraft search lights promoting. advertising. or bringing attention
to a business. enterorise. or event shall be permitted:
Sec. 78-746. Decorative signs.
The use of faces or walls of buildings with raised lettering or designs which are integrated into
the total decor of the building may be allowed upon application to the
planning and zoning board, but approval will be granted only if the design, ~--tlie
' , is an enhancement to the area.
Sec. 78-747. Bond and liability insurance for sign contractors.
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v u yr lrw ~iua, ar" ,
All sign contractors shall produce evidence to the village that thev carrv insurance and surety
bonds in the amounts and tunes as reauired for licensing and certification in accordance with
Chanter 489. F.S.. as may be amended from time to time.
Sec. 78-748. Maintenance required.
All signs shall be maintained in appearance as well as mechanical, electrical, and structural
condition by the property owner.
Secs.78-749--78-770. Reserved.
Section 2: Each and every other section and subsection of Chapter 78. Zoning. shall
remain in full force and effect as previously enacted.
Section 3: All Ordinances or parts of Ordinances in conflict herewith be and the same
are hereby repealed.
Section 4: Should any Section or provision of this Ordinance or any portion thereof,
any paragraph, sentence or word be declared by a Court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder of this Ordinance.
Section 5: Specific authority is hereby granted to codify this Ordinance.
Section 6: This Ordinance shall become effective immediately upon passage.
FIRST READING this 13~' day of November, 2008.
SECOND AND FINAL READING this 11~' day of December, 2008.
Upon First Reading this 13~' day of November, 2008, the foregoing Ordinance was offered by
by
follows:
Mayor Pat Watkins
Vice-Mayor Calvin Turnquest
who moved its adoption. The motion was seconded
and upon being put to a vote, the vote was as
For Adoption
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Against Adoption
Council Member Vince Arena
Council Member Jim Humpage
Council Member Tom Paterno
Upon Second Reading this 1 llh day of December, 2008, the foregoing Ordinance was offered by
,who moved its adoption. The motion was seconded
by
follows:
and upon being put to a vote, the vote was as
For Adoption Against Adoption
Mayor Pat Watkins
Vice-Mayor Calvin Turnquest
Council Member Vince Arena
Council Member Jim Humpage
Council Member Tom Paterno
The Mayor thereupon declared the Ordinance duly passed and adopted this 11`" day of
December, 2008.
MAYOR OF TEQUESTA
ATTEST:
Lori McWilliams, CMC, Village Clerk
Y:\docs\Tequesta\Ordinances\2008\Ord19-08-Ch 78-sign code.doc
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