HomeMy WebLinkAboutDocumentation_Workshop_Tab 02_3/2/2020Agenda Item #2.
Workshop
STAFF MEMO
Meeting: Workshop - Mar 02 2020
Staff Contact: Keith Davis, Village Attorney Department: Legal
Review Proposed Sign Code Ordinance
sign criteria examples
Sian Code Ordinance - Teauesta -February 2020 Workshoa Draft
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Agenda Item #2.
JUPITER ISLAND
A. The ratio of the horizontal dimension to the vertical dimension of the sign area shall be 3:2. No temporary
sign shall be larger than 18 inches horizontally by 12 inches vertically.
B. The supporting member shall be installed into the ground so that the top of the face of such signs shall
not be more than four feet above the finished grade of the ground.
C. Where temporary signs are suspended from an arm of the support, such arm shall not exceed a length of
20 inches.
D. Temporary signs shall have dark green block lettered text against a light green background using Sherwin-
Williams paint codes 6450 Easy Green and 6454 Shamrock or their equivalents. All such signs shall be
lettered professionally. Text may appear on both sides of the sign.
E. No more than two temporary signs shall be present on a lot at the same time.
F. No temporary sign, other than a real estate sign as describe in section 2.03, B.5. above, shall be placed in
a road right-of-way or visible from a waterway or golf course.
G. Temporary signs shall not be illuminated.
H. Temporary real estate signs shall be removed within 48 hours following the sale of the property.
Temporary political signs shall not be placed prior to 30 days of the election to which they are related and
shall be removed within 48 hours after the day of the election to which they apply, or, if the sign is related
to an event, within 48 hours after the event to which the sign relates has occurred.
Page 6 of 55
Agenda Item #2.
PALM BEACH
RESIDENTIAL
o (1) The sign shall read either "open," "for rent," or "for sale," and may include the name of the persons
affecting the sale or rental and the telephone number of the owner or agent relative to the premises upon
which the sign is located.
(2) The face surface of such sign shall not be larger than 40 square inches.
(3) The supporting member shall be installed into the ground to provide that the top of the face of such sign
shall not be more than four feet above the finished grade of the ground.
(4) All such signs shall be lettered professionally, but such signs shall not be required to be submitted to the
town's architectural commission for approval and no permit shall be required for the installation or erection
of such signs. Color of the signs shall be a white background with black, block letters thereon.
(5) Only one such sign shall be permitted on any one premises. Where the property abuts a waterway or golf
course, no signs may be placed or erected to be visible from such waterway or golf course.
(6) Such sign shall not be erected or placed closer than five feet to the front property line, and such sign may
be placed parallel or perpendicular to the front property line. Signs must be placed only upon the property
being offered for sale or lease.
(7) Nothing contained in this section shall be construed as prohibiting the same wording from being on both
the front and back of the sign.
(8) Where such sign is suspended from an arm of the support, such arm shall not exceed a length of 16
inches.
(9) All such signs shall be erected on a temporary basis.
(10) Such signs shall be kept in good repair and shall not be illuminated or constructed of a reflective material
and shall not contain any flags, streamers, moveable items or like devices.
(11) Any such sign shall be removed within five days from the date a binding agreement is entered into for
the sale, lease or rental of the property or immediately upon the removal of the property from the market,
whichever occurs first.
(12) Any town enforcement officer may cause to be removed any such sign not conforming with this section.
PALM BEACH
COMMERCIAL
o (1) One temporary display sign to advertise a special sale or event to occur on the premises, not to exceed two
square feet in area for each 18 linear feet of building frontage for each licensed business, shall be permitted in
the merchandise display area of a store during the period from April 1 to October 31. No such temporary sign
may be affixed or taped to windows or doors, but shall be placed on a free-standing device such as an easel.
Such signs may not be erected earlier than 15 days prior to the special event to which they are related and must
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Agenda Item #2.
be taken down within 24 hours after such event. Not more than one sign per special sale or event shall be
displayed at any one time.
(2) Signs advertising the sale or rental of the premises upon which they are erected by the owner or broker
or any other person interested in the sale or rental of such premises, and signs bearing the word "sold" or
"rented" with the name of the persons affecting the sale or rental may be erected or maintained, provided:
The size of any such sign is not in excess of two square feet; Not more than one sign is placed upon any
property unless such property fronts upon more than one street, in which event two signs may be erected,
one on each frontage; and Such sign shall be removed within one week after the premises have been sold or
rented.
Page 8 of 55
Agenda Item #2.
ATLANTIS
o RESIDENTIAL
a. Real estate signs in all residential districts shall be 18 inches in width and shall be 18 inches above the
finished grade of the ground with the top of the face of the sign no more than two and one-half feet above
the finished grade of the ground.
b. No more than one sign per plot shall be permitted.
c. Signs shall be designed with black lettering on a white background and supported by black or white support
posts of wood or metal no greater than one inch in diameter (round) or width (square).
d. Signs shall be installed on the property advertised for sale, rent or lease.
c. Signs 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 city manager shall determine the location of the sign consistent with the
purpose and intent of this chapter.
f. Signs for the lease or rent of space shall be permitted no sooner than 30 days prior to the expiration of a
lease and only during such time as the space is vacant or not subject to an active lease or rental agreement.
ATLANTIS
COMMERCIAL
a. Maximum size shall be 24 square feet.
b. Maximum height shall be 12 feet; maximum width shall be six feet.
c. No more than one sign per plot shall be permitted.
d. Signs shall be designed with black lettering on a white background and supported by black or white
support posts of wood or metal no greater than six inches in diameter (round) or width (square).
c. Signs shall be installed on the property advertised for sale, rent or lease.
f. Signs for the lease or rent of space shall be permitted no sooner than 30 days prior to the expiration of a
lease and only during such time as the space is vacant or not subject to an active lease or rental agreement.
g. All real estate signs shall be removed within three days following completion of a sale or execution of a
lease or rental agreement.
PALM BEACH SHORES
(1) a. One temporary sign advertising the sale or rent of the property may be placed on the property so it can
be viewed from the street. Such signs may be a maximum of 12 by 18 inches in size, must have a forest
green background, white copy, and be mounted on a black post no higher than four feet above the ground to
the top of the sign. Uniform, yet unique appearance for such signs advances overall aesthetic interests of the
town since these types of temporary signs are more common than others. In addition, sign uniformity for
such signs allows law enforcement and code compliance personnel to easily differentiate properties that are
Page 9 of 55
Agenda Item #2.
being sold or rented. Such signs may remain as long as the property is for sale or for rent, and must be
removed upon the completion of the sale or rental activity.
b. For waterfront property located on Inlet Drive or Lake Drive, one additional temporary sign advertising
the sale or rent of the property may be placed on the property so it can be viewed from the water, but not
from the street. In order that these temporary signs can be viewed by traveling watercraft and others on the
water, without compromising the overall aesthetic interests of the town, they may be up to, but not in excess
of, 24 square feet in area, with a length of such sign not exceeding twice the height. Such signs may remain
as long as the property is for sale or for rent, and must be removed upon the completion of the sale or rental
activity.
(2) In addition to the above signs, whenever the owner or the owner's agent is present upon the property, one
"open house" sign or "garage sale" sign or other sign advertising an event at the property may be displayed
on the property so it can be viewed from the street. Two additional signs may be placed off -site on town
property, along the intersection of the road, land, or way along which the garage sale or open house is located
and South Ocean Avenue, Atlantic Avenue, or Lake Drive. Such signs are not restricted by color or shape,
but may not exceed 18 by 24 inches in size and shall be mounted no higher than four feet above the ground
to the top of the sign. Such signs may remain as long as the open house, garage sale, or other event is
occurring, and must be removed upon the completion of the open house, garage sale or other event activity.
(3) On commercial properties that are open to the public in zoning districts "C" and "D," one portable A -
frame or sandwich -type sign per lot, or group of lots developed as a single property, may be displayed for
view by passing motorists or pedestrians. Such signs may be displayed at all times that the activity or
business being advertised is open to the public. Such signs shall be removed during all other times. Such
signs shall not interfere with motorist or pedestrian traffic in any right-of-way or on any sidewalk. Such
signs shall not exceed 36 inches tall by 24 inches wide.
(4) All temporary signs must be located within the property line of the lot and outside the town -owned ten -
foot strip. However, in zoning district "A" temporary signs may also be placed in the five feet of the town -
owned ten -foot strip that is adjacent to the property line of the lot. Further, on commercial properties that
are open to the public in zoning districts "C" and "D", temporary A -frame signs may be located in the five
feet of the town -owned ten -foot strip that is adjacent to the property line of the lot.
Page 10 of 55
Agenda Item #2.
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 ofState University ofNew 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.
1
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Agenda Item #2.
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, scone and ilEntent and purpose.
al 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 applyingto any within the Village_ the language affording the more
restrictive interpretation shall M ly.
41 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.
11 Substitution clause. It is not the Duraose 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 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 sib
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Agenda Item #2.
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 objectives:
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 imaize_ character and stvle the Villaize 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 wayfindin u
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
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 si n�s-
c. To encourage sound sign display practices_ and to mitigate the objectionable effects of
competition in respect to the size and placement of sib
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Agenda Item #2.
d. To enhance the physical appearance of the Village by protecting the manmade and
natural beautv 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 signs 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 notifving
road users of regulations and providing nationally consistent warningsguidance
needed for the safe_ uniform and efficient operation of all elements of the traffic stream
and modes of travel_ while regulating private signs to ensure that their size_ location and
other attributes do not impair the effectiveness of such traffic control devices -
.To prohibit the display of private signs�on government property or right -of --way_
h. To not regulate,gns 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.
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Agenda Item #2.
owner- of the sign, pr-ei,ided tha+ the size and design er-4er-ia eef4aiaed in this aftiele haw been satisfied.
See. 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
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.
C01232 - the linguistic or graphic content, including but not limited to logos_ of a sib
Directional si,ana 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.
Freestandina 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 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-commercialspeech include_ but are not limited to, expressions of an idea_ sentiment_ issue
or image,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
Page 15 of 55
Agenda Item #2.
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 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_ strip
trademark_ or reading matter that is used or intended to be used to attract attention or convey information.
7emporary siLyn - 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
See. 78-732. - Prohibited signs generally.
No signs shall be permitted in the village except those specifically allowed by this article.
See. 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 ehapte without first obtaining all
required approvals and permits from the village council, the planning and zoning serf 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 78-736. In addition to the requirements of this article, all permanent signs shall be subject to the
provisions, permit fees, and inspection requirements of the village's building and other technical codes,
including electrical codes.
Page 16 of 55
Agenda Item #2.
Sec. 78-734. - Application for permit.
(a) Applications for permanent 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 isei=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 the
plans for the sign have been submitted to the planning and zoning der= 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 advisefy board for review and approval as established at subsection 22-53(b). No sign
requiring planning and zoning advisei=y` board approval shall be permitted until the plans for the sign have
been submitted to and approved by the planning and zoning advisei3` board.
7
Page 17 of 55
Agenda Item #2.
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 upon the payment of an additional fee of
50 percent of the original fee. No refunds of permit fees shall be allowed.
8
Page 18 of 55
Agenda Item #2.
(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.
See. 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.
See. 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.
See. 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.
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Page 19 of 55
Agenda Item #2.
Sec. 78-739. - Setbacks.
All freestanding permanent signs_ excluding porary 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 th�, permanent signs in areas of the village shall be as follows
,i ,,,ossagg sl}^'�Qth- V_ d- V_ V_ M V_ dteh- V_ A- rf-pF@ H4 i S @ S Sigma,.
(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:
be pefm4ed; &Eeept, heweN,er-, three epen hettse dir-ee4ional signs, or- three gafage sale dir-eetie
signs, of net more than two squafe &et, leeated en the same bleek as an a&ei4ised epen hettse e
(1 -2) In residential districts R-2 and R-3, one identification sign shall be allowed attached to each
multi -family dw, building or structure �, if any, provided that no signs in any case shall be
larger than 20 square feet.
(24) 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.
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Page 20 of 55
Agenda Item #2.
(3 EX6ept as PFON,idedubsee4io (1` abe Permanent signs in any R/OP district shall be
allowed only after approval by the planning and zoning a&iser�, 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 b) 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 permanent 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
bermanent sign shall be allowed only after approval by the planning and zoning
adi,isei=y, 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
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 permanent 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 advisefy 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 1X, division 2 of this chapter, as applicable.
11
Page 21 of 55
Agenda Item #2.
(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.
(6) Sigas in afi�, eemmer-eW distr-ie4 whieh adi,ei4ise the sale, r-efftal or- lease of real estate
net &ieeed a dimension of -20 squafe feet. Stieh sigas shall be r-emeN,ed ne later- than three da��s
stibsequefft to the sale, r-efftal or- lease of the pr-epeAy a&ei4ised. Sale, rvf4a! or- lease sha4l be
deemed to be the date en whieh a eef4r-ae4 for- stieh sale, fef4a! or- lease is ftl!!�, &Eeet4ed.
See. 78-741. — Permanent Signs: t-Technical requirements.
The following technical requirements shall apply as set forth in this section:
(�4 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
12
Page 22 of 55
Agenda Item #2.
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
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
13
Page 23 of 55
Agenda Item #2.
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. 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
14
Page 24 of 55
Agenda Item #2.
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 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 1X, 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.
15
Page 25 of 55
Agenda Item #2.
(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.
See. 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 *'�� required by law_ including 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.
16
Page 26 of 55
Agenda Item #2.
ther-efer-; pr-ei,ided, heweN,er-, that net more than ene sueh sign sha4l be pefmiAed within or- . - h
tags or- plaeards, when sueh ffe dir-eeA�, adjaeofft to or- a4aehed to mer-ehandise displa�,ed for- sale; pr-eN,ided
building.
(k 1) Those temporary signs described in subsection 78-748 )(1) adv@ftisiag t]4@sa4@ !@ seEn*�'
,
(1 n) Sandwich board signs, no larger than 36 inches tall by 24 inches wide, located adjacent to the
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.
(0)
See. 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;
17
Page 27 of 55
Agenda Item #2.
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 notwithstanding, 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 advisefy 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 -
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 ofsign 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.
IN
Page 28 of 55
Agenda Item #2.
(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 permanent sign or sign
structure shall be erected on the same parcel with an existing nonconforming bermanent sign until the
nonconforming sign has been removed or made to conform with the requirements of this article.
See. 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 astubing 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
19
Page 29 of 55
Agenda Item #2.
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 €er, 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:
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
20
Page 30 of 55
Agenda Item #2.
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
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 4(a}
(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 Village or public property or ri ht
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.
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
21
Page 31 of 55
Agenda Item #2.
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 r ^+; , . , l @i4is agor- bringing att@ tle t
busin@ss, @'at pnsg n 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.
See. 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.
See. 78-747. - Flags and flagpoles.
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.
See. 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. Tama a— s;,.,,s ^n^407o,a jp *'-V--.;ii^,.o ^rA *h^-qv
22
Page 32 of 55
Agenda Item #2.
days. Outdoor merchandising displays shall comply with the requirements of subsection 78-745(h).
net more than si�i square feet. Stieh sigas tha+ Fefer- to a pafkttlaf elee4iea, ON'Offt Of- Othff SP06ifW M-
sh--All- h-p- F-A-MA-41,P-d- ;.A.40hin- s@N,@n days said- Ah@r- sp@eif4e Holiday displays sh
do r o,a .v ithS@N,@n days; - A- Uh-o ,,,.i„-S;,,,, f th@ h,,i;day. No temporary sign shall be
placed in any public right-of-way or on any public property. 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 MOT 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 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 subiect 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 ofthe sign coRy and the means of contact (e.g.
telephone number and/or e-mail address). No off -premises signs shall be permitted, except
however_ up to three open house directional signs_ or three garage sale directional suns_ of not
more than two square feet_ located with property owner consent on private property on the same
block as an advertised open house or garage sale_ is permitted during daylight hours on Saturday
23
Page 33 of 55
Agenda Item #2.
and/or Sundav onlv. Such signs shall be exemnt from anv villaize bermittiniz reauirements
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
3) While no specific setback requirements shall apply_ temporary signsject to this subsection
shall be placed so they do not impede vehicular or pedestrian traffic on sidewalks or roads. The
Village may relocate signssubject to this subsection in order to achieve compliance with this
requirement.
el Commercial Temporary SiQns: Commercial Districts.
1) Signs in anv commercial district which advertise the sale_ rental or lease of real estate shall 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. Copy shall clearly include the
name of the person to contact regarding the subject of the sign co v and the means of contact (e.�.
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 comally 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 C-L C-2_ and C-
3_ as well as the commercial portions of mixed use districts 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 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.
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Agenda Item #2.
(fl Non-commercial Temorary Signs: All Districts. Temporary signs that do not advertise or otherwise
contain commercial speech shall comply with the followingdesign, esign_ size_ locational and duration
requirements. The same requirements shall apply for all zoning districts within the Village.
11 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.
21 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.
31 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 alle _ ig ance
(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 sings 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 comphance 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.
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Agenda Item #2.
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.
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