HomeMy WebLinkAboutDocumentation_Workshop_Tab 03_12/2/2019Agenda Item #3.
Workshop
STAFF
MEMO
Meeting: Workshop - Dec 02 2019
Staff Contact: Keith Davis, Village Attorney Department: Legal
Discussion and Direction for Revised Sign Code
Proposed revisions to Village sign code, focusing on temporary signs pursuant to recent U.S.
Supreme Court opinion; Specific direction from Village Council needed on use of public rights of way
for temporary signs from time to time.
Direct final revisions and edits, especially for use of Village rights of way to place temporary signs
from time to time, move to LPA and First Reading public hearings.
Sign Code Ordinance - Teguesta - EDITS - KWD November 2019
Page 9 of 53
Agenda Item #3.
ORDINANCE NO.
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA AMENDING CHAPTER 78. ZONING., ARTICLE XI.
SIGNS. TO CONFORM VILLAGE CODE TO RECENT LEGAL PRECEDENT
REGARDING SIGNS AND TO PROVIDE INTERNAL CONSISTENCY;
PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION
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 Council of the Village of Tequesta (the "Village") finds and determines
that the Village's land development regulations are required to regulate signs as provided by Section
163.3202(2)(f), Florida Statutes; and
WHEREAS, the Village Council does not wish to censor speech, but does desire to provide for
the public welfare by regulating signage in the Village in a manner that enhances the aesthetics of the
community, reduces visual pollution, provides clear information and minimizes distractions to drivers in
the interests of traffic safety; and
WHEREAS, the Village Council desires to modify and update its regulation of temporary signs
in conformance with recent caselaw including Reed v. Town of Gilbert, 135 S. 9 Ct. 2218, 192 L. Ed. 2d
236 (2015); and
WHEREAS, the Village Council finds and determines that the regulations provided in this
ordinance allow for and leave open adequate alternative means of communications, including but not
limited to newspaper advertising, internet advertising and communications, advertising in shoppers and
pamphlets, advertising in telephone books, advertising on cable television, advertising on UHF and/or
VHF television, advertising and communicating on AM and/or FM radio, satellite radio and internet
radio, communicating via direct mail, communicating via social media outlets, and other avenues of
communication available in the Village [see State v. J & JPainting, 167 N.J. Super. 384, 400 A.2d 1204,
1205 (Super. Ct. App. Div. 1979); Board of Trustees of State University of New York v. Fox, 492 U.S.
4691) 477 (1989); Green v. City of Raleigh, 523 F.3d 293, 305-306 (4th Cir. 2007); Naser Jewelers v. City
of Concord, 513 F.3d 27 (1st Cir. 2008); Sullivan v. City of Augusta, 511 F.3d 16, 43-44 (1st Cir. 2007);
La Tour v. City of Fayetteville, 442 F.3d 1094, 1097 (8th Cir. 2006); Reed v. Town of Gilbert, 587 F.3d
866, 980-981 (9th Cir. 2009)]; and
WHEREAS, the Village Council believes these code revisions will be in the best interests of the
Village of Tequesta, and will promote the public health, safety and welfare.
Page 10 of 53
Agenda Item #3.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, THAT:
Section 1: Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta is hereby
amended at Article XL Signs. to revise to revise the Village's sign code in accordance with recent
revisions to state and federal law; providing that Chapter 78, Article XI. Signs. shall hereafter read as
follows:
ARTICLE XI. SIGNS.
Sec. 78-731. — Purpose, scope and intent and purpose.
(a) Purpose. The regulations in this article are not intended to regulate or censor speech based on its
content or viewpoint, but rather to regulate the secondary effects of speech that may adversely affect the
Village's substantial and compelling governmental interests in preserving scenic beauty and community
aesthetics, and in vehicular and pedestrian safety in conformance with the First Amendment.
b Scone.
(1) The provisions of this article shall govern the number, size, location, and character of all signs
which may be permitted under the terms of this article. No signs shall be permitted on a plot or
parcel except in accordance with the provisions of this article.
(2) This article does not regulate government signson government property, includin t
control devices.
(3) In the event of any conflict between this article and any declaration of covenants, bylaws, or
other restrictions applyingty property within the Village, the language affording the more
restrictive interpretation shall apply.
(4) The Village specifically finds that these signgulations are narrowly tailored to achieve the
compelling and substantial governmental interests of traffic safety and aesthetics, as well as truth
and accuracy in commercial speech.
c Intent.
(1) Substitution clause. It is not the purpose of this article to regulate or control the copy, content
or viewpoint of signs. Nor is it the intent of this article to afford greater protection to commercial
speech than to noncommercial speech. Any sign, display or device allowed under this article may
contain, in lieu of any other copy, any otherwise lawful noncommercial message that complies
with all other requirements of this article. The noncommercial message may occupy the entire
2
Page 11 of 53
Agenda Item #3.
sign area or an== y portion thereof, and may substitute for or be combined with the commercial
message. The sign message may be changed from commercial to noncommercial, or from one
noncommercial message to another, as frequently as desired by the sign's owner, provided that
the sign is not prohibited, and the sign continues to comply with all requirements of this article.
(2) This article establishes comprehensive regulations for the control of suns in order to preserve,
protect, and promote the public health, safety and general welfare. More specifically, this article
is intended to assist in achieving the following objectives.
a. To authorize the use of signsthat:
1. Are compatible with their surroundings and the zoning district in which they
are located and aid orientation and ensure pedestrian and traffic safety
2. Project the image, character and style the Village desires to promote;
3. Reduce the visual clutter that may otherwise be caused by the proliferation,
improper placement, illumination, animation, excessive height, and excessive
area of suns which compete for the attention of pedestrian and vehicular traffic
and are not necessary to aid in wayfinding;
4. Establish size, number and placement limitations to ensure siege is the
minimum reasonably necessary to identify a residential or business location, the
nature of such uses and to allow smooth, safe navigation to these locations with
suns that are legible in the circumstances in which they are seen; and
5. Are not distracting or cluttered in a manner that disturbs the safe and free
flow of vehicular and pedestrian movement;
6. Are effective in performing the function of identifying and safely directing
pedestrian and vehicular traffic to a destination;
7. Do not interfere with, obstruct the vision of, or distract motorists, bicyclists
or pedestrians;
8. Provide truthful and accurate commercial speech.
b. To enhance the economic vitality of existing businesses and foster quality
redevelopment by promoting the reasonable, orderly, and effective display of signs;
c. To encourage sound sign display practices, and to mitigate the objectionable effects
of competition in respect to the size and placement of signs;
3
Page 12 of 53
Agenda Item #3.
d. To enhance the physical appearance of the -Village by protecting the manmade and
natural beauty of the area;
e. To preserve the value of private property by assuring the compatibility of signs with
nearby land uses;
f. To allow for traffic control devices and government suns without regulation
consistent with national standards, because they promote highway safety and efficiency
by providing for the orderly movement of road users on streets and highways, and by
notifying road users of regulations and providing nationally consistent warnin sand
guidance needed for the safe, uniform and efficient operation of all elements of the traffic
stream and modes of travel, while regulating private suns to ensure that their size,
location and other attributes do not impair the effectiveness of such traffic control
devices;
g. To prohibit the display of private signs on government property or right-of-
h. To not regulate suns more than necessary to accomplish the compelling
substantial ,governmental objectives described herein; and
i. To enable fair and consistent enforcement of these simulations.
Page 13 of 53
Agenda Item #3.
the E)Wiqef Of th DFON'ided that the size and design or-iter-ia contained in this afticle have be
s ati sf i e
to the eonffafy, of advet4iS!flg StMet-We shall be stibjeet to wiy- limitation based upon the eofit
(viewpoint) of the message eentained on stieh sign of displa-yed on stieh sign of ad-veftising stmetwe.
Sec. 78-731.5 — Definitions.
Terms defined. For the purposes of this article, the following words and phrases shall have the
meanings herein set forth. Any term that is used in this article and not defined herein should be iven
its common definition:
Billboard — an off -premise sign mounted on a building, wall, or freestanding structure advertise as
commercial establishment, activity, product, service or entertainment which is sold, produced,
manufactured, available or furnished at a place other than on the property on which said sign is located.
Commercial speech — any sign wording, logo, or other representation or image that directly or
indirectly names, advertises, or calls attention to a product, service, sale, or sales event or other
commercial activity.
Composite sign - a sign to indicate location of all tenants within a commercial building, where tenants
use a common doorway or doorways and do not have individual door openings and frontage to a street
or parking area. Also referred to as a directory.
Copv - the linguistic or graphic content, including but not limited to logos, of a sign.
Directional sign - a ground sib designed or direct vehicular traffic.
Fixed ceiling -mounted sign — a sign affixed directly to the ceiling of an exterior walkway and confined
within the limits thereof.
Freestanding sign - a self -supported structure attached to the ground, and not attached or fixed in any
way to a building, entrance wall feature, or any other structure.
Identification sign — a sign used to identify a dwelling or its occupants. Identification signs are not used to
advertise services and o�provided.
Non-commercial speech — any sign wording, logo, or other representation or image that is not
commercial. Examples of non-commercial speech include, but are not limited to, expressions of an idea,
Page 14 of 53
Agenda Item #3.
sentiment, issue, or imapromotions related to community events, civic proje� cts, political candidacy,
or political matters.
Off -premise siZn - any sign mounted on a building, wall, or freestanding structure advertising
establishment, activity, product, service or entertainment which is sold, produced, manufactured,
available or furnished at a place other than on the property on which said sign is located.
Parcel — any single tract or plot of land.
Permanent sign - any sign that, when installed, is intended for permanent use. Where it is not otherwise
specified by this chapter, any sign with an intended use in excess of 90 days from the date of installation
shall be deemed a permanent sign.
Sandwich board sizn - a movable sign not secured or attached to the ground; a self-supporting A - frame
sign,
Shopping center — any integrated, multi -tenant commercial development greater than ten acres in size.
Sign - every device, frame, letter, figure, character, mark, plane, point, design, picture, logo, stroke,
stripe, trademark, or reading matter that is used or intended to be used to attract attention or convey
information.
Temporary sign any one of the types of signs specifically listed within these regulations as an allowed
temporary sign displayed for a limited, specified amount of time.
Wall sign - a sign attached to, or parallel to a wall, or erected and confined within the limits of an
outside wall of any building or structure, which is supported by such wall or building, and which
displays only one sign
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 approvals
and permits from the village council, the planning and zoning advisory board, the community
development department and/or the building official, as applicable, and making payment of a fee as set
by resolution of the village council and on file in the village clerk's office as provided at section 78-
73 6. In addition to the requirements of this article, all signs shall be subject to the provisions, permit
6
Page 15 of 53
Agenda Item #3.
fees, and inspection requirements of the village's building and other technical codes, including
electrical codes.
Sec. 78-734. - Application for permit.
(a) Applications for sign permits shall be made upon proper forms provided by the community
development department and/or 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) 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 showing 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 restrictive
interpretation shall prevail.
(c) In addition to the requirements set forth in subsection (a) of this section, all proposed signage which
is part of an applications for site plan review shall be submitted to the planning and zoning advisory board
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 planning and zoning advisory board and in turn approved
by the village council.
(d) In addition to the requirements set forth in subsection (a) of this section, all applications for
proposed free standing signage which is not otherwise part of a site plan review shall be submitted to the
planning and zoning advisory board for review and approval as established at subsection 22-53(b). No
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Page 16 of 53
Agenda Item #3.
sign requiring planning and zoning advisory board approval shall be permitted until the plans for the sign
have been submitted to and approved by the planning and zoning advisory board.
Sec. 78-735. - Issuance of permit; expiration of permit.
(a) Upon the filing of an application for a sign permit, the building official shall, without unreasonable
or unnecessary delay, but in no case longer than 30 days, examine the plans and specifications and other
data and the premises upon which it is proposed to erect the sign or other advertising structure for
compliance with building codes, electrical codes and other applicable technical codes. The applicant shall
be notified immediately by the building official of any deficiencies and the applicant shall correct same
prior to the issuance of any permit. The building official's failure to make a compliance determination
within 30 days shall be deemed to be a determination of compliance. Additionally, the community
development director or designee shall, without unreasonable or unnecessary delay, but in no case longer
than 30 days, examine the application for compliance with the village's zoning regulations. The applicant
shall be notified immediately by the community development director of any deficiencies in the
application and the applicant shall correct same prior to further processing of the application. The
community development director's failure to make a compliance determination within 30 days shall be
deemed to be a determination of compliance. Upon determining that the application complies with the
requirements of this article, the community development director shall process the application for
planning and zoning advisory board and/or village council review and approval, as applicable, on the next
available agendas. 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 as well as the applicable building and
other technical codes including electrical codes, and, where required, the planning and zoning advisory
board or the village council, as applicable, has approved said sign or advertising structure, the building
official shall immediately thereafter issue the permit.
(b) 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
applicable building or other technical codes including electrical codes 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, and
8
Page 17 of 53
Agenda Item #3.
upon the payment of an additional fee of 50 percent of the original fee. No refunds of permit fees shall be
allowed.
(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 or advertising structure authorized by the permit, as well as any electrical
work and other technical work authorized by the permit.
(2) The legal description of the property upon which the sign or advertising structure is
permitted to be located and the name of the owner or lessee of such property.
(3) The location upon the property where the sign or advertising structure is permitted.
(4) The name of the person constructing or erecting the sign or advertising 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. - Maintenance.
Maintenance of signs and advertising structures is required. All signs and advertising structures shall be
maintained at all times in a condition which is safe and which appears as originally permitted and/or
constructed, erected or installed. This maintenance requirement extends to landscaping and irrigation
systems associated with any freestanding or monument signs. Signs that are painted shall, at a
minimum, be re -painted every two years from the date of the issuance of the permit, or more often if
required to comply with the maintenance requirements of this section. Sign maintenance violations
shall be enforced through the code enforcement special magistrate process.
Sec. 78-738. - Wind pressure and dead load requirements.
All freestanding 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.
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Page 18 of 53
Agenda Item #3.
Sec. 78-739. - Setbacks.
All freestanding signs shall be so located on a lot or parcel as to provide a ten -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. — Permanent Signs; Ggeneral restrictions; maximum size and number of signs.
The restrictions and maximum size of t4+e permanent signs in areas of the village shall be as follows:
/ \ I r\ /Y' • • !'1 l l l l l , l l • l l l l • l
the sitpfl is eFeeted OF affixed. 0--a- n PFOhibited except for- tempoFaFy open hottse ff
gar -age sale diFeetional signs and tempoFai=y development r-efRote par -eels per- stibseetions 78-
> >
(a b) Residential and recreational districts. Signs in residential districts, the residential portions of
mixed -use districts, and the R/OP district shall be subject to the following:
11N4
'k "I I ........................................................................................................................................................................................................................................_�.....................................................................�........................................................................................................................................................................................................................................... Fesidential distfiets R I Al P, i P, 2� R 3 in Fesidential afeas of a mixed .......
feet,eX
tL
lease OF Fefital Of the pff i0sed aFea Of HEA fflE)Fe thatl fOUF SquaFe
sale)
Shall be nP,4:MittPf�- > > > thFee OnPHA LAUSe diFeOtiOfial Sit_r"rlEliFeetional >
signs,feet,
leeated on the same bloek as an advei4ise
SI44 i sig����omv�� 4of /r y 44��age v�orrv�l` ie rvl eTrents.
(1 2) In residential districts R-2 and R-3, one identification 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.
(2 4) Identification signs at entrances to driveways and/or parking lots not to exceed two square
feet in size shall be allowed.
10
Commented [MP1]: Deleted completely. Qualifier about'off-
premises signs' that are allowed (i.e. directional signs) area added in
'Prohibitions' section.
Commented [MP2]: Moved to Sec.78-748(d), titled
'Commercial Temporary Signs; Residential and Recreational
Districts'
Commented [MP3]: Moved to Sec.78-748(d), titled
'Commercial Temporary Signs; Residential and Recreational
Districts'
Page 19 of 53
Agenda Item #3.
(3 5) , Permanent signs in any R/OP district shall be
allowed only after approval by the planning and zoning advisory board pursuant to section 22-
53(b), or approval by the village council in accordance with the site plan review process as
established in article IX, division 2 of this chapter, as applicable.
(4 6) Places of assembly located in residential districts or the R/OP district shall be allowed
permanent 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. Landscaping and
irrigation at the base of any such signage shall be required. Any such freestanding sign
shall be allowed only after approval by the planning and zoning advisory board
pursuant to section 22-53(b), or approval by the village council in accordance with the
site plan review process as established in article IX, division 2 of this chapter, as
applicable.
b. Wall sign: Wall -mounted signs 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.
(b o) Commercial districts. Signs in C-1, C-2 and C-3 commercial districts, as well as the commercial
areas of a mixed use ("MU") development 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. 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 other technical codes including electrical
codes. Any freestanding signs shall meet the technical requirements of this article as well as the
applicable building and other technical codes including electrical codes and shall be allowed only
after approval by the planning and zoning advisory board pursuant to subsection 22-53(b), or
approval by the village council in accordance with the site plan review process as established in
article IX, division 2 of this chapter, as applicable.
lil
Page 20 of 53
Agenda Item #3.
(2) In commercial districts C-1, C-2, and C-3, as well as the commercial portions of mixed use
districts not including properties within shopping centers, all wall signs shall meet the technical
requirements as established by this article and shall be permitted after approval by the building
official.
(3) Fixed ceiling -mounted signs on shopping center walk -ways 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 may be permitted
after approval by the building official: 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, as well as the commercial portions of mixed use
districts 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.
mmented [MP4]: Moved to Sec.78-748(e), titled
.......................................
Co
`Commercial Temporary Signs; Commercial Districts.'
exeeed a dimension of 20 squaFe �aet. Sueh signs shall be i:emoved no later- than thFee- days
deemed to be the date on whieh a eontFaet foF stieh sale, Fental oF lease is f-4-111F), exeet4ed.
Sec. 78-741. — Permanent Sims; t-Technical requirements.
The following technical requirements shall apply as set forth in this section:
> > >and>
in fesideffti (Commented [MPS]: Deleted completely.
(b) Commercial districts. Permanent s-Signs in commercial districts C-1, C-2, and C-3, as well as the
commercial portions of mixed use districts 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.
12
Page 21 of 53
Agenda Item #3.
b. Multiple wall signs on a building frontage or tenant area may be permitted upon
approval by the building official that do not exceed the maximum square foot area
allowed and have uniformity with respect to color, style and type of sign material.
However, multiple wall signs shall not be permitted on buildings where establishments
use a common doorway or doorways or do not have individual door openings and
frontage to a street or parking area. Instead, a composite sign shall be permitted pursuant
to subsection 78-740(c)(4).
(2) Freestanding signs.
a. Shopping centers within the C-1 neighborhood commercial district, as well as the
commercial portions of mixed use districts 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 shall be required by the community
development director, or may be required by the planning and zoning advisory board
pursuant to subsection 22-53(b), or shall be recommended by the planning and zoning
advisory board and required by the village council as part of the site plan review process
as established in article IX, division 2 of this chapter, as applicable.
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 of ten feet in accordance with section 78-739. Landscaping and irrigation at the
base of any such signage shall be required by the community development director, or
may be required by the planning and zoning advisory board pursuant to subsection 22-
53(b), or shall be recommended by the planning and zoning advisory board and required
by the village council as part of the site plan review process as established in article IX,
division 2 of this chapter, as applicable.
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 a ten -foot minimum setback in accordance with section 78-739. Landscaping
and irrigation at the base of any such signage shall be required by the community
development director, or may be required by the planning and zoning advisory board
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Page 22 of 53
Agenda Item #3.
pursuant to subsection 22-53(b), or shall be recommended by the planning and zoning
advisory board and required by the village council as part of the site plan review process
as established in article IX, division 2 of this chapter, as applicable. Shopping centers
within the C-2 community commercial district having 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 shall be required by the community development
director, or may be required by the planning and zoning advisory board pursuant
to subsection 22-53(b), or shall be recommended by the planning and zoning
advisory board and required by the village council as part of the site plan review
process as established in article IX, division 2 of this chapter, as applicable.
ii. Reserved.
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.
14
Page 23 of 53
Agenda Item #3.
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 shall be
required by the community development director, or may be required by the
planning and zoning advisory board pursuant to subsection 22-53(b), or shall be
recommended by the planning and zoning advisory board and required by the
village council as part of the site plan review process as established in article IX,
division 2 of this chapter, as applicable.
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 shall be required by the community development director, or may
be required by the planning and zoning advisory board pursuant to section 22-
53(b), or shall be recommended by the planning and zoning advisory board and
required by the village council as part of the site plan review process as
established in article IX, division 2 of this chapter, as applicable. 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 shall be required by the community development
director, or may be required by the planning and zoning advisory board pursuant
15
Page 24 of 53
Agenda Item #3.
to subsection 22-53(b), or shall be recommended by the planning and zoning
advisory board and required by the village council as part of the site plan review
process as established in article IX, division 2 of this chapter, as applicable. 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, drive-in or carryout restaurants, signs at
places of assembly advertising such places' current activities and events, fuel price information
signs, building directory signs and time and temperature signs, and where specifically exempted
or allowed by state law, or this code.
Sec. 78-742. - Exemptions.
The following signs shall be exempt from the permitting requirements set forth in this article, provided
they are not placed or constructed so as to create a hazard of any kind and comply with all other
applicable requirements set forth in this chapter:
(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 interest and safety,
may be permitted upon application to and approval by the 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 tL1_1At ,-, pu required by law, including by any agency of the state or federal government.
16
Page 25 of 53
Agenda Item #3.
(1) Traffic or other municipal signs, legal notices, railroad crossing signs, danger and other such
temporary, emergency or non-commercial signs.
0) Safety or caution signs such as "No Smoking" signs near flammable materials.
..............................................................................................................................................................................................................................................................................................................................................................................................................................................................................
q 0 affiXed OF ot-heFwise attacked t
Commented [MP6]: Moved to 78-748(e), titled 'Commercial
Temporary Signs; Commercial Districts'
> G > and G >
as
�(k 1) Those tem orar signs described in subsection 78-748 , lease of Fental
.........................................................................................p.... y g....................................................................................................................................................................................................... —. . ...............................................................................................................................................................................................................
All ,-.»rc 4 4 afIt tE) the r tn717Sset f0fGI1thefei-fl.
Commented exception Broadened this MP7 to include ALL
[ ]
temporary signs mentioned in Sec. 78-748, whether commercial or
non-commercial.
S tA Lpa,�Tempofafy eommeivial _X*50 max size of six squafe f .
> ...............
Commented [MP8]: Moved to 78-748(e), titled 'Commercial
Temporary Signs; Commercial Districts'
tempor-ai�z —gns at:e r-equiFed to be Femoved when the pefmanent sign is installed OF HO lateF than 4 5 da
(1 n) ;Sandwich board signs, no larger than 36 inches tall b 24 inches wide, located adjacent to the Commented [MP9]: Adding definition
g.................................................................................................................................................... y................................................................................................................................. adjacent
business storefront and no further than five feet from the business entrance, which do not interfere with
sidewalk access by pedestrians or violate building code accessibility requirements. All such signs shall be
removed at the end of each business day and stored indoors. The placement of any such sign is at the
owner's risk; and the owner shall defend, indemnify and hold harmless the village from any and all
liability associated with the placement of such sign on or adjacent to a sidewalk or other pedestrian or
public way. The village shall have the right to cause the removal of any such sign that obstructs safe
public passage or that is in violation of building code accessibility requirements.
(m e) ,
1 ..............................
signs of a
and holidaydispla
It7111- __ —> >
Sec. 78-743. - Subdivision and development signs.
17
Commented [MP10]: Instead of this exemption, added
language about "single or definite -event related signs," see pp. 11-
12
Page 26 of 53
Agenda Item #3.
(a) Temporary signs promoting the development of subdivisions shall be allowed upon approval by the
building official 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 a six-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 place and location
and under conditions acceptable to the village council, and with the express written approval of the off -
site property owner. Such signage shall be subject to review by the planning and zoning advisory 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. 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 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 they 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, the code compliance
officer or any other authorized village personnel, any sign is found to be 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 notified of the violation and required to cure such violation.
Failure to comply shall result in the case being brought before the code enforcement special magistrate.
(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. Failure to comply shall result in the case being brought before the code
enforcement special magistrate.
(c) Nonconforming signs.
18
Page 27 of 53
Agenda Item #3.
(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 that are
not temporary signs, shall be removed or made to conform with the requirements of this article
prior to the expiration of two years after the date of passage of the ordinance from which this
article is derived or after annexation, whichever applies. All nonconforming signs within the
village or within an area annexed to the village that are temporary signs, shall be removed or
made to conform with the requirements of this article within 45 days 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 or conformance 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 parcel with an existing nonconforming sign until the nonconforming sign has
been removed or made to conform with the requirements of this article.
Sec. 78-745. - Prohibitions in all zoning districts.
(a) Blinking or reflective illuminated signs. No blinking, flashing, intermittent, animated or reflective
type sign illumination shall be permitted. Rather, sign illumination must be constant in intensity with a
soft and muted effect.
(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 or ash 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. Any sign attached to or placed on a vehicle (including trailers) that is not being
regularly used in the conduct of the business being advertised shall be prohibited. A vehicle shall not be
19
Page 28 of 53
Agenda Item #3.
considered "regularly used in the conduct of the business" if the vehicle is used primarily (i) for
advertising, or (ii) for the purpose of advertising. This provision is not to be construed as prohibiting the
identification of a firm or its principal products on a vehicle or truck with no more than three-quarters ton
rated capacity, which is currently licensed, insured and operable, operating during the normal hours of
business, and which is not parked in any parking space, parking area, or the portion of a parking lot
located adjacent to any right-of-way; 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. All such vehicles shall be parked
so they are not visible from any street or right-of-way after normal hours of business. All such vehicles
shall also comply with the parking regulations at chapter 46, article III, division 2.
(f) Reserved.
(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 for 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.
(h) Outdoor merchandising displays. No outdoor merchandising displays, outdoor placement of sample
goods or merchandising material, banners, feather or flutter flags, or outdoor portable signs or advertising
displays shall be permitted, except for sandwich boards which are permitted pursuant to [subsection] 78-
742(n), signs that are approved in conjunction with a special event permit, or signs that are approved by
the village manager for up to 45 days in conjunction with new business openings, upon a determination
that the proposed display will be in the best interests of the health, safety and welfare of the citizens of the
village. Nothing in this part shall be construed to prohibit the placement of decorations or accessories
along a storefront or other adjacent area for the purpose of aesthetics and appearance, so long as such
pieces do not interfere with sidewalk access by pedestrians or violate building code accessibility
requirements.
(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.
0) Off -premises or billboard signs. No off -premises or billboard signs shall be permitted except as set
forth at subsection 78-748 d 1 8{-}.
20
Page 29 of 53
Agenda Item #3.
(k) Signs placed on public property. No signs placed, attached, posted, or located, on or to any tree,
utility pole, street light, sidewalk, curb, fire hydrant, bridge or any other Villas public property shall
be permitted; except that public utility, convenience, and warning signs are permitted if approved and
erected by governmental agencies having jurisdiction over the applicable property.
(1) Moving or animated signs. No signs in motion, including swinging, rotating or revolving signs, or
signs containing video type imagery shall be permitted.
(m) Official signs. No signs which copy or imitate official signs or which purport to have official status
shall be permitted.
(n) Signs with illegal messages. No signs which display any obscene or illegal written or graphic
message shall be permitted.
(o) Signs interfering with buildings. No signs which obstruct or interfere with any door, fire exit,
stairway, ladder or opening intended to provide light, air, ingress or egress for any building shall be
permitted.
(p) Signs creating traffic safety or fire 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 any official traffic control devices or utilize the words
"stop", "look", "danger", or any other word or phrase, symbol or character in such a manner as to interfere
with, mislead or confuse traffic shall be permitted.
(q) Cube signs. No cube sign or advertising structure comprised of four faces, with copy on three or
more faces shall be permitted.
(r) Aircraft search lights. No aircraft search lights pFometiago b4fin.4giffiAft—emfiti-oa to --a
busil4essi-�rtefrnfise, OF e shall be permitted, unless approved in conjunction with a special events
permit.
(s) Smoke, noise and odor. No sign which emits any noise, or any odor, or any visible smoke or vapor
particles shall be permitted.
Sec. 78-746. - Decorative integrated signs and architectural lighting.
The use of raised lettering or designs in or on the walls of a building and which are integrated into the
total decor of the building, and the use of architectural lighting may be allowed in conjunction with the
site plan approval or modification process.
Sec. 78-747. - Flags and flagpoles.
21
Page 30 of 53
Agenda Item #3.
One flagpole per single property shall be permitted. Flagpoles shall not exceed 25 feet in height. One
flag per pole shall be permitted. For flagpoles less than 20 feet in height, the flag shall not exceed 24
square feet with maximum dimensions of four feet by six feet. For flagpoles between 20 feet and 25
feet in height, the flag shall not exceed 40 square feet with maximum dimensions of five feet by eight
feet. The village council may approve additional flagpoles up to a maximum of three on any single
property, commensurate with the size of the property upon which the flagpoles are to be erected. The
village council may approve increases in flagpole or flag size, commensurate with the size of the
property upon which the flagpole is to be erected.
Sec. 78-748. - Temporary signs.
(a) Temporary signs are those signs that are not intended or not constructed for permanent placement
pursuant to the technical requirements of this article, as well as the village's building and other technical
codes, including electrical codes. Temporary signs are exempt from the permitting process required of
permanent signs pursuant to this article; however, temporary signs shall comply with the requirements of
this section and those other sections referenced herein. z ____ ___ ., allowedin the villaee afe those
displays.holiday Outdoor merchandising displays shall comply with the requirements of subsection 78-
745(h). Politioal,
holiday.
constitute a safety hazard, or hindrance to pedestrian or vehicular traffic.
(b) Notwithstanding the foregoing, the village manager may authorize the placement within a right-of-
way of temporary signs identifying by name open businesses adjacent to ongoing road construction. Any
such sign shall comply with FDOT or other applicable standards regarding lettering, size, material and
placement.
(c) The failure to remove a temporary sign pursuant to the provisions of this section shall subject the
property owner upon whose property the sign is located to code enforcement proceedings pursuant to
22
Page 31 of 53
Agenda Item #3.
article IV of chapter 2. Each day that a temporary sign remains in violation of this section shall be deemed
to be a separate offense.
(d) Commercial Temporary Sims: Residential and Recreational Districts. Temporary signs
residential or recreational districts R-1 A, R-1, R-24) R-3 , in residential areas of a mixed use ("MU")
development and in the R/OP district which advertise matters related to real estate, estate, or garage sales
or which contain other associated commercial speech (e.g. "for rent", "for lease", or "open house") shall
be subject to the following_
(1) No more than one commercial temporary super lot shall be permitted with an exposed area
of not more than 18 inches by 24 inches with a maximum height of 36 inches above the finished
grade of the ground. Signsy be oriented in either a "landscape" or a "portrait" configuration,
advertising only the sale, lease or rental of the lot or the improvements thereon. One additional
temporary sign advertising an open house, or a permitted garage sale shall be permitted 24 hours
prior to, and during that event.1 No off -premises suns shall be permitted; except, however, three
open house directional signs, or three garage sale directional signs, of not more than two square
feet, located on the same block as an advertised open house or garage sale, is permitted during
permittingrequirements.
(2) Suns 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. Garage sale and open house
signs shall be removed immediately upon the conclusion of the permitted garage -sale.
(e) Commercial Temporan Suns: Commercial Districts. Temporary signs in commercial districts C-1,
C-2, and C-3, as well as the commercial portions of mixed use district which advertise the sale, rental or
lease of real estate or which contain other associated commercial speech (e.g. "for rent", "for lease") shall
be subject to the followin
(1) No more than one commercial temporary sign per lot shall be permitted with an exposed area
of not more than 20 square 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.
(2) Paper or other temporary signs_ may be affixed or otherwise attached to or displayed within
23
Commented [KD12]: Located on public or private property? if
public, this is an exception to general prohibition of signs on public
property.
Page 32 of 53
Agenda Item #3.
glass display windows of commercial establishments or stores 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. Such temporary nay be displayed for a maximum of 45
consecutive days. 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 suns are aesthetically in keeping with the display window or building.
(3) Temporary commercial suns, a maximum size of six square feet, may be placed in store -front
windows for a maximum period of 45 days from date of application for a permanent sign. Such
temporary signs are required to be removed when the permanent sign is installed or no later than
45 days after installation of the temporary sign, whichever is sooner.
(f) Non-commercial Temporary Suns; All Districts. Temporary suns that do not advertise or otherwise
contain commercial speech shall comply with the following design, size, locational and duration
requirements. The same requirements shall apply for all zoning districts within the Village.
(1) Maximum size shall be 18 inches by 24 inches and maximum height shall be 36 inches above
the finished grade of the ground. Signsmay be oriented in either a "landscape" or a "portrait"
configuration.
(2) For suns associated with a definite event, one sign per Parcel per event shall be permitted
beginning3ys prior to the event. By way of example: religious services for a particular
holiday are one definite event; Multiple candidates running for office as well as individual ballot
questions related to a particular issue all occurring at the same election are each a separate
definite event; A birthday party is one definite event. Signs shall be removed from the property
upon the conclusion of the event.
(3) For suns that are not associated with any definite event, one sign per Parcel shall be
permitted. There is no time duration for such a sign. By of example: signs generally
expressingallegiance (or opposition) to a school or sports team; or signs generally expressing
support (or opposition) to an ideological, social, familial or political concept are not associated
with any definite event.
(4) Signs shall be located in front yards only and shall be setback a minimum of 12 feet from the
edge of the street, or when impossible to comply with this requirement, setback no more than four
feet from the principal structure. If application of this requirement is not possible, the village
24
Page 33 of 53
Agenda Item #3.
manager shall determine the location of the sign consistent with the purpose and intent of this
chapter.
Sec. 78-749. - Bond and liability insurance for sign contractors.
All sign contractors shall produce evidence to the village that they carry insurance and surety bonds in
the amounts and types as required for licensing and certification in accordance with F.S. ch. 489, as
may be amended from time to time.
Secs. 78-750-78-770. - Reserved.
Section 2: Each and every other section and subsection of Chapter 78. Zoning. Shall remain in
full force and effect as previously adopted.
Section 3: All ordinances or parts of ordinances in conflict 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 take effect immediately upon passage.
25
Page 34 of 53