HomeMy WebLinkAboutDocumentation_Workshop_Tab 05_2/3/2020Agenda Item #5.
Workshop
STAFF
MEMO
Meeting: Workshop - Feb 03 2020
Staff Contact: Keith Davis, Village Attorney Department: Legal
Review and Discussion of Current Draft of Sign Code Ordinance
Review and discussion of current draft of Village Sign Code ordinance
Review and give direction on how to proceed with adoption process.
Sign Code Ordinance - Teguesta -February 2020 Workshop Draft
Page 81 of 111
Agenda Item #5.
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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 A2d 1204,
1205 (Super. Ct. App. Div. 1979); Board of Trustees of State University of New York v. Fox, 492 U.S.
469, 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 ofAugusta, 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.
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Agenda Item #5.
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 XI. 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:
I:\t71MMaM.4PM1"120
Sec. 78-731. — Purpose, scope and ilntent-and-puvpese.
(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 Sco e.
(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 signs on government property, including traffic
control devices.
(3) In the event of any conflict between this article and any declaration of covenants, bylaws, or
other restrictions applying to any property within the Village, the language affording the more
restrictive interpretation shall apply.
(4) The Village specifically finds that these sign regulations are narrowly tailored to achieve the
substantial governmental interests of aesthetics, as well as truth and accuracy in commercial
speech, and are the least restrictive means to achieve the compelling government interest in
vehicular and pedestrian safety.
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
2
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Agenda Item #5.
with all other requirements of this article. The noncommercial message may occupy the entire
sign area or any 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 signs 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 obiectives:
a. To authorize the use of signs that
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 signs 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 signage 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
signs 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,
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Agenda Item #5.
c. To encourage sound sign display practices, and to mitigate the objectionable effects
of competition in respect to the size and placement of signs-
d. To enhance the physical appearance of the Village by protecting the manmade and
natural beauty ofthe 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 signs without regulation,
consistent with national standards, because they roromote 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 warnings and
guidance needed for the safe, uniform and efficient operation of all elements of the traffic
stream and modes of travel, while regulating rorivate signs 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 rorivate signs on government property orright-of--way:
h. To not regulate signs more than necessary to accomplish the compelling and
substantial governmental objectives described herein: and
i. To enable fair and consistent enforcement of these sign regulations.
Page 85 of 111
Agenda Item #5.
located on the prem-ises; lA.,hp4:p 4he sign is erected or n message. The non commemial fnessage,
may occun, the epAire sign face or- any poFtion thereof, The sign face inay be changed fpom- to
non com—mm;oinl Messages, or 4ofn one noncommercial fnessage to another, as fre"OPAly as ElOsiFOEI
say
(e) Content neulFali4y as to sign fnessage (viewpoipA). Notwithstanding anything contmined in fhk n4iele
to the contmi-y, no sign or a&eftis4ig slFue4we shall be subject to any limitation based upon the COPAOPA
(Viewpoiao Of4l ad on such sign or displayed on such sign or advei4ising st-Factwe.
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 given
its common definition:
Billboard — an off -premise sign mounted on a building, wall, or freestanding structure advertising a
commercial establishment, activity, product, service or entertaimnent 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.
Copy - the linguistic or gxaphic content, including but not limited to logos, of a sign.
Directional sign - a ground sign designed to guide 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 goods provided.
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Agenda Item #5.
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,
sentiment, issue, or image, or promotions related to community events, civic projects, political candidacy,
or political matters.
Off -premise sign - any sign mounted on a building, wall, or freestanding structure advertising an
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. See also —
Billboard.
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 one year from the date of installation
shall be deemed a pennanent sign.
Sandwich board sign - a movable sign not secured or attached to the ground; a self-supporting A -frame
Sim
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, capable of being removed and not intended to be a permanent sign.
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 face.
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
permanent sign or other advertising structure as defined in this article shapte 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
Page 87 of 111
Agenda Item #5.
a fee as set by resolution of the village council and on file in the village clerks office as provided at
section 78-736. In addition to the requirements of this article, all roermanent signs shall be subject to the
provisions, permit 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 roennanent 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 a&iser-y 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
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Agenda Item #5.
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 permanent 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 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
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Agenda Item #5.
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
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
clerks 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.
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Agenda Item #5.
Sec. 78-738. - Wind pressure and dead load requirements.
All freestanding permanent 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 permanent signs, excluding temporary 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 the permanent signs in areas of the village shall be as follows:
(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:
10
Commented [MPl]: 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'
Page 91 of 111
Agenda Item #5.
(1 2) In residential districts R-2 and R-3, one identification sign shall be allowed attached to
each multi -family the building or structure thereen, if any, provided that no signs in any case shall
be larger than 20 square feet.
(2-3) Identification signs at entrances to driveways and/or parking lots for multi -family uses not
to exceed two square feet in size shall be allowed.
(3 -5) Except a provided in subsection (" above, 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 permanent sign: One freestanding roennanent 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 roennanent 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 e) 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
11
Commented [MP3]: Moved to Sec.78-748(d), titled
'Commercial Temporary Signs; Residential and Recreational
Districts'
Page 92 of 111
Agenda Item #5.
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 freestandingyermanent 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.
(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 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 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.
Commented [MP41: Moved to Sec.78-748(e), titled
'Commercial Temporary Signs; Commercial Districts:
Sec. 78-741. —Permanent Signs; tTechnical requirements.
The following technical requirements shall apply as set forth in this section:
12
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Agenda Item #5.
residentialCommented [MPS]: Deleted completely.
'�CbT
(b) Commercial districts. Permanent sSigns 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.
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
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Agenda Item #5.
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
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
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Agenda Item #5.
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 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.
C. 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
15
Page 96 of 111
Agenda Item #5.
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
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.
16
Page 97 of 111
Agenda Item #5.
(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 required by law, includin¢ 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 non-commercial signs.
0) Safety or caution signs such as "No Smoking" signs near flammable materials.
(10 Paper- or- other- temporary signs �nay be affixed or- otheA=iA,ise a ashed to or- displayed within glass Commented [MP6]: Moved to 78-748(e), titled'Commercial
Temporary Signs; Commercial Districts'
�k 1)1 Those
ns described in subsection 78-7480(b) t
Commented [MP7]: Broadened this exception to include ALL
temporary signs mentioned in Sec. 78-748, whether commercial or
non-commercial.
Commented [MP8]: Moved to 78-748(e), titled 'Commercial
Temporary Signs; Commercial Districts'
windows, for a maximum peried of 45 Elays 4om date of applioation for- a peFmaflefit sign. Sue
in"4BUB404; Ofthe tempoFai=), sign, whichever is so
(I n) Sandwich board signs, no larger than 36 inches tall by 24 inches wide, located adjacent to the Commented [MP9]: Adding definition
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
17
Page 98 of 111
Agenda Item #5.
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.
K0) I Commented [MP10]: Instead of this exemption, added
language about "single or definite -event related signs," see pp. 11-
12
Sec. 78-743. - Subdivision and development signs.
(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, other off -site sign prohibitions contained in this article notwithstandine, 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
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
18
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Agenda Item #5.
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.
(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 roermanent sign or
sign structure shall be erected on the same parcel with an existing nonconforming roermanent 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.
19
Page 100 of 111
Agenda Item #5.
(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 easeous 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
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, 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, as follows:
20
Page 101 of 111
Agenda Item #5.
i. Sandwich boards which are permitted pursuant to subsection 78-742(n),
ii. Signs that are approved in conjunction with a special event permit,
iii. Signs that are approved by the village manager for up to 45 days in conjunction
with new business openings, and
iv. One area, not to exceed six (6) linear feet in length and three (3) linear feet in depth
per shop or storefront and which does not interfere with accessibility requirements or safe
pedestrian passage in front thereof, and which maintains a minimum of five (5) feet of
sidewalk width, which may contain an outdoor display of merchandise on a rolling rack that
does not exceed five (5) feet in height (e.g. a clothing sale rack) and that is placed parallel to
the storefront during the hours when the associated store is open for business, and which can
be placed safely indoors when the associated store is closed or in the event of inclement
weather. Hanging displays, flags, wind driven or motion devices, and vehicles are prohibited.
Bulk items that obstruct the view past the display are prohibited. Signage that would
otherwise be routinely displayed on a business sign not associated with an outdoor
merchandise display is prohibited. All outdoor merchandise displays shall be kept in a neat,
orderly condition at all times, conducive to creating a top-quality shopping environment. No
outdoor merchandise display may contain obscene, indecent or immoral matter.
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 applicable
building code or fire code accessibility requirements as determined by the Building Official
and the Fire Marshal.
(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 except for "short term use" signs
as provided by Sec. 78-697. 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(a).
21
Page 102 of 111
Agenda Item #5.
(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 Villaee or public property or
rights -of -way 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.
(I) 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 promoting, a ei4isin r bFing:�rt
business, ente _. ise, oevent 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.
22
Page 103 of 111
Agenda Item #5.
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. Te.,,,., ran signs allowed- it fhe village are those
th-Rt nd-ve4ise fhe sale, lease or rentall of the lot or fhe improvements thereon, or tlial a&eFtise a pennifte
garage sale, or f[tat ndvP#isy n-n open house, all as more pai4ictilar4y deseribed in silb-section 79 740(b)(1),
signs otherwise pennifted as pai4 of a special event; temporai=y eowAneivial signs as more pai4icularly
and -
holiday Outdoor merchandising displays shall comply with the requirements of subsection 78-
745(h). Politioal, religious and personal (free speech) temporaFy signs shall be pennitted with an expose
ffirea, of Hot ffl-offe than six squafe feet. Such signs that refer to a pai4ictilar election, eveitt of at -her spe
m-R#e4: be 4:em-oved 1vit-h-in 4even days af4er said election, evepA or other speci4iy. me-4or. Nolid-ay
displays shall i:vel.A., .e be ro ea within o yn a . s f ,..,, the , nell";ion of fhe holiday No temporary
sign shall be placed in any public right-of-way or on any public property, except for those directional
signs advertising the sale, lease or rental of a lot or advertising a permitted garage sale as set forth in
subsection 78-748(d)(1). No temporary sign 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.
(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.
23
Page 104 of 111
Agenda Item #5.
(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
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 Signs: Residential and Recreational Districts. Temporary signs in
residential or recreational districts advertising matters related to real estate, estate, or garage sales or
containing other associated commercial speech (e.g. "for rent", "for lease", or "open house") shall be
subject to the following:
(1) In residential districts R-IA, R-1, R-2, R-3, in residential areas of a mixed
development and in the R/OP district, 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, or advertising a permitted garage sale. Copy shall clearly
include the name of the person to contact regarding the subject of the sign copy and the means of
contact (e.g. telephone number and/or e-mail address). No off -premises signs 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 daylight hours on Saturday and/or Sunday only. Such signs shall be exempt
from any village permitting requirements and placement of such signs shall be an exception to the
general prohibition of signs on public property or rights -of -way as set forth in subsection 78-
745(k).
(2) 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. Garage sale signs shall be
removed immediately upon the conclusion of the permitted garage sale.
(3) While no specific setback requirements shall apply, temporary signs subject to this subsection
shall be placed so they do not impede vehicular or pedestrian traffic on sidewalks or roads. The
Village may relocate signs subject to this subsection in order to achieve compliance with this
requirement.
(e) Commercial Temporary Signs: Commercial Districts.
(1) Signs in any commercial district which advertise the sale, rental or lease of real estate shall
24
Page 105 of 111
Agenda Item #5.
not exceed a dimension of 20 square feet. Such signs shall be removed no later than three days
subsequent to the sale, rental or lease of the property advertised. Cony shall clearly include the
name of the person to contact regarding the subject of the sign copy and the means of contact (e.g.
telephone number and/or e-mail address). Sale, rental or lease shall be deemed to be the date on
which a contract for such sale, rental or lease is fully executed. Temporary signs subject to this
subsection shall comply with the setback requirements set forth in Sec. 78-739.
(2) 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
and C-3, as well as the commercial portions of mixed use districts without the requirement of a
pennit 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 signs may 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 signs are aesthetically in keeping with the display window or building.
(3) Temporary commercial signs, a maximum size of six square feet, to 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.
(fl Non-commercial Temporary Signs: All Districts. Temporary signs 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. Signs may be oriented in either a "landscape" or a "portrait'
configuration.
(2) For signs associated with a definite event, one sign per Parcel per event shall be permitted
beginning 30 days 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 separate definite
events: A birthday party is one definite event. Signs shall be removed from the property upon the
conclusion of the event.
25
Page 106 of 111
Agenda Item #5.
(3) For signs 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 way of example: signs generally
expressing allegiance (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. While no specific setback requirements shall
apply, temporary signs subject to this subsection shall be placed so they do not impede vehicular
or pedestrian traffic on sidewalks or roads. The Village may relocate signs subject to this
subsection in order to achieve compliance with this requirement.
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.
26
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