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HomeMy WebLinkAboutOrdinance_6-20_10/8/2020ORDINANCE NO.06-20 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 78. ZONING. ARTICLE I. IN GENERAL. SEC. 78-4. DEFINITIONS. TO AMEND AND CREATE DEFINITIONS FOR TERMS RELATED TO SIGN IDENTIFICATION AND REGULATION; ALSO AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 78. ZONING. ARTICLE XI. SIGNS. TO CONFORM VILLAGE CODE TO RECENT LEGAL PRECEDENT REGARDING SIGNS AND TO PROVIDE INTERNAL CONSISTENCY; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 78. ZONING. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE; A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the Village Council of the Village of Tequesta (the "Village") finds and determines that the Village's land development regulations are required to regulate signs as provided by Section 163.3202(2)(f), Florida Statutes; and WHEREAS, the Village Council does not wish to censor speech, but does desire to provide for the public welfare by regulating signage in the Village in a manner that enhances the aesthetics of the community, reduces visual pollution, provides clear information and minimizes distractions to drivers in the interests of traffic safety; and WHEREAS, the Village Council desires to modify and update its regulation of temporary signs in conformance with recent caselaw including Reed v. Town of Gilbert, 135 S. 9 Ct. 2218, 192 L. Ed. 2d 236 (2015); and WHEREAS, the Village Council finds and determines that the regulations provided in this ordinance allow for and leave open adequate alternative means of communications, including but not limited to newspaper advertising, internet advertising and communications, advertising in shoppers and pamphlets, advertising in telephone books, advertising on cable television, advertising on UHF and/or VHF television, advertising and communicating on AM and/or FM radio, satellite radio and internet radio, communicating via direct mail, communicating via social media outlets, and other avenues of communication available in the Village [see State v. J & JPainting, 167 N.J. Super. 384, 400 A.2d 1204, 1205 (Super. Ct. App. Div. 1979); Board of Trustees of State University of New York v. Fox, 492 U.S. 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 of Augusta, 511 F.3d 16, 43-44 (1st Cir. 2007); La Tour v. City of Fayetteville, 442 F.3d 1094, 1097 (8th Cir. 2006); Reed v. Town of Gilbert, 587 F.3d 866, 980-981 (9th Cir. 2009)]; and WHEREAS, the Village Council believes these code revisions will be in the best interests of the 1 Village of Tequesta, and will promote the public health, safety and welfare. 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 I. In General. Sec. 78-4. Definitions. to amend and create definitions for terms related to sign identification and regulation. Sec. 78-4. Definitions. The following words, terms and phrases, when used in this chapter, unless otherwise specified, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. All words used in the present tense include the future; all words in the singular number include the plural and the plural the singular. The word "building" includes the word "structure." The word "shall" is mandatory. The word "person" includes a firm, corporation or municipal corporation as well as a natural person. The word "map" shall mean the official zoning map of the village. The term "council" shall mean the Council of the Village of Tequesta and the word "village" shall mean the Village of Tequesta, a municipal corporation of the State of Florida. The word "used" shall be deemed to include the words "arranged, designed or intended to be used," and the word "occupied" shall be deemed to include the words "arranged, designed or intended to be occupied." Any word or term not interpreted or defined by this section shall be used with a meaning of common or standard utilization. Billboard means an off -premise sign mounted on a building, wall, or freestanding structure advertising a 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 means 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 means 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. Coyv means the linguistic or graphic content including but not limited to logos. of a sign. Directional sien means a ground sign designedguide or direct vehicular traffic. 2 Fixed ceilin -mounted sign means a sign affixed directly to the ceiling of an exterior walkwa and confined within the limits thereof. Freestanding sign means 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 means a sign used to identify a dwelling or its occupants. Identification si ng s are not used to advertise services and goods provided. Non-commercial speech means 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, 12olitical candidacy_, or political matters. Off -premise sign means 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 - Bill oard. Permanent sign means 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 sign means a movable sign not secured or attached to the ground: a self-supporting A -frame sign. Sign means , part by the eenstmetion, er-eetion, affixing, eF plaoing of a stpaetufe on any land E)r- water- of E)a any etheF nonprofit eivie asseeiations for- a publie pu+pese in the publie interest shall not be ineluded in this definitiep', neff ish-all this inelude signs whieh are a pai4 of the ar-ehiteetur-al design of a building. Eve Aj � . � I � I sign, wall sign, r-eef sign, illuminated sign, pr-ejeeting sip, te . I . - , and stfeet eleek whieh sha44 pr-emete the interests of any per -son, when the same is plaeed in view of the general publie, is ineluded ifi this any 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 means any one of the types of signs specifically listed within these regulations as an allowed tem> n sign. capable of being removed and not intended to be a permanent sign. Wall sign means 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 disilays only one sign face. Section 2: Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta is hereby amended at Article XI. Signs. to conform Village Code to recent legal precedent regarding signs and to provide internal consistency; providing that Chapter 78, Article XI. Signs. shall hereafter read as follows: ARTICLE XI. SIGNS. Sec. 78-731. — Purpose, scone and Untentand puFpose. al Pur ose. The regulations in this article are not intended to regulate or censorspeech 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 co e. (1) The provisions of this article shall govern the number, size, location, and character of all sign which may be permitted under the terms of this article. No signs shall be permitted on a In of or parcel except in accordance with the provisions of this article. (2) This article does not regulate government signs�on government property, includingtaffic 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 intgMretation 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 com ep lling government interest in vehicular and pedestrian safetv. (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 relater protection to commercial speech than to noncommercial s eech. 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 siarea or any portion thereof_ and may substitute for or be combined with the commercial message. The sign message may be changed from commercial to noncommercialor 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 safe 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 wadfinding: 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 sus 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 redevelol2ment by promotingthe reasonable. orderly, and effective disi2lay of si ns 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 of the area• e. To preserve the value of private property by assuring the com atp ibility 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 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 private 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 private signsgovernment property or right -of --way: h To not regulate ate signs more than necessary to accomplish the com ep lling and substantial governmental objectives described herein: and i. To enable fair and consistent enforcement of these sign regulations. rs �sxs-rzs:fi provide more open spaee and provide Me and pleasing eemmunit�- e�� :�:e!�tr e!r�ns. etrfsrss r�RIVO Trrar.�r�: (vie-ATOiflt) of the message Contained On stleh sign or- displayed on stleh sign or- advel4isifig stfuetufe. 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 nermanent 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 misery 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. 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 advisei-} 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 a&isefy 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 adAisei=y, board for review and approval as established at subsection 22-53(b). No sign requiring planning and zoning a&isary board approval shall be permitted until the plans for the sign have been submitted to and approved by the planning and zoning adviser-y 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 8 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. (c) Provided the application complies with this article and other applicable regulations, the building official shall issue a permit for each such sign or advertising structure, retaining a copy thereof and a copy of the plans of the sign or advertising structure for his records. Permits shall disclose: (1) The type of sign or advertising structure authorized by the permit, as well as any electrical work and other technical work authorized by the permit. (2) The legal description of the property upon which the sign or advertising structure is permitted to be located and the name of the owner or lessee of such property. (3) The location upon the property where the sign or advertising structure is permitted. (4) The name of the person constructing or erecting the sign or advertising structure. (5) The amount of the fee paid for such permit. (6) The date of issuance. Sec. 78-736. - Permit fee. In addition to any other applicable building permit fees which may be required, every applicant, before being granted a sign permit, shall pay to the village a permit fee for each such sign or other advertising structure regulated by this article as set by resolution of the village council and on file in the village clerk's office. Sec. 78-737. - Maintenance. Maintenance of signs and advertising structures is required. All signs and advertising structures shall be maintained at all times in a condition which is safe and which appears as originally permitted and/or constructed, erected or installed. This maintenance requirement extends to landscaping and irrigation systems associated with any freestanding or monument signs. Signs that are painted shall, at a minimum, be re -painted every two years from the date of the issuance of the permit, or more often if required to comply with the maintenance requirements of this section. Sign maintenance violations shall be enforced through the code enforcement special magistrate process. Sec. 78-738. - Wind pressure and dead load requirements. All freestanding 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: 10 743(a). Pelifieal, religietts or- personal (free speeeh) signs and holiday displays, whieh eentain a non eeaffnereial-message, shall not be deemed to be ag ���-^:��� signs (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: l�esidential-districts R lA, R 1, R 2, R 3, in residential a-easof a mixed use ("N4 n„ ,jeyelep a„t „,7 in the U'OP dirt iet a than let shall be *+ ,l 'tl, .,.......,t,...,,..� �....... �..., ..,.tea ..a���...�, �� �' e feet,exposed area of not fner-e than fouf square > lease of r-ea4a! of th-e be > emeept, > OF thfee gar -age sale dir-arstie > of not more than twe squafe feet, gar -age sale, is pefmit4ed during daylight hours on Salufday andlef Sunday only. sueh signs shall be exempt fiefn . village .. ..miaing ,• (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. sale,rental,Sale,rental, or- lease be deemed to be the date upen whieh a eontfaet for- sueh sale, rental or- lease is fully exeeuted. S —H shall be exempt from any village peFmi4tiag r-e"tr-e eats. Gar -age sale signs shall be r-emoved immedia4ely upon the a el,,..:,.« of the .. fmitted gar -age .,le (3 -5) , Permanent signs in any R/OP district shall be allowed only after approval by the planning and zoning a&iser-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. (4 g) Places of assembly located in residential districts or the R/OP district shall be allowed permanent signage as follows: 11 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 permanent sign shall be allowed only after approval by the planning and zoning a&isei-7y 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 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 12 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) Signs in any eeFm%er-eial dist6et whieh a&ei4ise �he sale, fental of lease ef real estate not exeeed a dimension of 20 square feet. Sueh signs shall be Femoved no Wer- than t4fee-days subsequent to the sale, rental or- lease of the pr-epefty adveffised. Sale, rental or- lease shall be deemed to be the date , wt,ie - , fit—r ct f r s eh sale, rental r lease is fully o o et4e,a Sec. 78-741. - Permanent Sims: tTechnical requirements. The following technical requirements shall apply as set forth in this section: (a) Residential d4stpie�s. Signs in residential dist-fir-As ze-ifiedd R !A, R 1, R 2, and R 3; in residential afeas (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 13 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 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: 14 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. M. Shopping centers having U.S. Highway 1 frontage in excess of 600 lineal feet, not utilizing the freestanding signage allowance in excess of 60 square feet in area but not to exceed 100 square feet in area provided for in this subsection and not utilizing any outparcel signage allowed in this subsection, shall be permitted additional freestanding signage not to exceed two additional freestanding signs for each eligible shopping center, provided that the additional signage shall be located a minimum of 300 lineal feet from any other freestanding sign within the shopping center. Any proposed additional freestanding sign not separated by a distance of at least 300 lineal feet from any other freestanding sign on the proposed shopping center site shall be prohibited. Any such additional freestanding signage shall be of the same style and colors as the other freestanding signs. Any such additional freestanding signage shall not exceed 60 square feet in area and shall not exceed 20 feet in height from finished grade and shall have a minimum setback of ten feet in accordance with section 78-739. Landscaping and irrigation at the base of any such signage 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. 15 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 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, prmikd 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: 16 (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 that may 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. rd II UP Iiii .� 17 (k 1) Those temporary signs described in subsection 78-74p(b)(1), advel4isifig tleale, lease ^r rvof the lot on whirsh the sign is leeated, adveffising pefmit4ed gar -age sales, and advei4ising an open �*�' house, , for- a maxim+im period of 45 days ffem date of applieatien for- apeFmanent siga. Sideh to are re"ir-ed to be r-ofneved when the pe is installed or- no later- than 45 days aftef ifistallation of (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. (e) , ineluding signs otherwise pefmitted in eenliunetion with a speeial event, signs personalfeeo eeh) natufe, and holiday displays. 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 vrohibitions 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 advisey 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 -,end Sec. 78-744. - Unsafe, unlawful or nonconforming signs. (a) Unsafe or unlawful signs. When, upon inspection by the building official, the code compliance officer or any other authorized village personnel, any sign is found to be unsafe or insecure, not properly maintained, constructed or erected, in a dilapidated or hazardous condition, or erected without first obtaining a proper permit, the owner shall be notified of the violation and required to cure such violation. Failure to comply shall result in the case being brought before the code enforcement special magistrate. (b) Removal of sign advertising discontinued business. When a business or service using an identification or advertising sign is discontinued, all signs and sign structures relating to the business or service shall be removed by the owner of the property on which the sign is located within ten days from the date of discontinuance. Failure to comply shall result in the case being brought before the code enforcement special magistrate. (c) Nonconforming signs. (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. 19 (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 signor sign structure shall be erected on the same parcel with an existing nonconforming permanent sign until the nonconforming sign has been removed or made to conform with the requirements of this article. Sec. 78-745. - Prohibitions in all zoning districts. (a) Blinking or reflective illuminated signs. No blinking, flashing, intermittent, animated or reflective type sign illumination shall be permitted. Rather, sign illumination must be constant in intensity with a soft and muted effect. (b) Signs extending above roof height. No sign shall extend above the roof height unless backed by a parapet wall extending the entire length of the building and with the same or greater height than the sign. (c) Outline lighting. No neon or gaseous 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 (1) 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. 20 (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 fer, 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 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" si n 21 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)OW. (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 ill e r public property orb wa shall be permitted; except that public utility, convenience, and warning signs are permitted if approved and erected by governmental agencies having jurisdiction over the applicable property. (1) Moving or animated signs. No signs in motion, including swinging, rotating or revolving signs, or signs containing video type imagery shall be permitted. (m) Official signs. No signs which copy or imitate official signs or which purport to have official status shall be permitted. (n) Signs with illegal messages. No signs which display any obscene or illegal written or graphic message shall be permitted. (o) Signs interfering with buildings. No signs which obstruct or interfere with any door, fire exit, stairway, ladder or opening intended to provide light, air, ingress or egress for any building shall be permitted. (p) Signs creating traffic safety or fire hazards. No signs which constitute a traffic safety or fire hazard, by reason of size, location, coloring or method of illumination, which obstruct the vision of motorists or pedestrians; or which obstruct or detract from any official traffic control devices or utilize the words "stop", "look", "danger", or any other word or phrase, symbol or character in such a manner as to interfere with, mislead or confuse traffic shall be permitted. (q) Cube signs. No cube sign or advertising structure comprised of four faces, with copy on three or more faces shall be permitted. (r) Aircraft search lights. No aircraft search lights , business, meter ��, �� even + 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. 22 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. One flagpole per single property shall be permitted. Flagpoles shall not exceed 25 feet in height. Two flay One flag per pole shall be permitted. The lower of the two flays shall be smaller in size than the higher of the two flame For flagpoles less than 20 feet in height, the flags 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 flags 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. -ro., pe -ar-y signs allowed in the village are these gafage sale, E)r- that adveFtise an open house, all as more pai4iettlar-ly deser-ibed in subseetion 79 740(b)(i)-; displays. Outdoor merchandising displays shall comply with the requirements of subsection 78-745(h). Pelitieal, religious and personal (fFee speeek) tem.p I . — hall be pefmit4ed with an exposed area of not more than si* s"ar-e feet. So& signs tha4 r-efer- to a paftiettlar- eleetion, event or- other- speeifie ma#er- shall be r-emevedwithin seven days after- said eleefien, event ef other- speeifie fnat4ef:. Holiday displays Sh likewise be r-emoved witsevenhin days ffem the ra of the holiday. 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. 23 (b) Notwithstanding the foregoing, the village manager may authorize the placement within a right-of- way of temporary signs identifying by name open businesses adjacent to ongoing road construction. Any such sign shall comply with FDOT or other applicable standards regarding lettering, size, material and placement. (c) The failure to remove a temporary sign pursuant to the provisions of this section shall subject the property owner upon whose property the sign is located to code enforcement proceedings pursuant to 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 Tempor gns: 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-lA. R-1. R-2. R-3, in residential areas of a mixed use ("MU" l 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. Cony shall clearly include the name of the person to contact regardingthe subject ofthe sign copy and the means of contact " telephone number and/or e-mail addressl. No off -premises signs shall be permitted: except. however, up to three open house directional signs, or three garage sale directional signs, 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 and/or Sunday only. Such signs shall be exempt from any village permitting_ re_cluirements. 2) Signs in anv residential district which advertise the sale. rental. or lease of real estate shall 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 nermitted garage sale. (3) While no s ecific setback re uirements shall a 1 . temoraa 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. 24 (e) Commercial Temporary Signs: Commercial Districts. (1) Signs in any commercial district which advertise the sale, rental or lease of real estate shall not exceed a dimension of 20 square feet. Such signs shall bg 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 si ns�may be affixed or otherwise attached to or displayed within glass display windows of commercial establishments or stores in commercial districts C-1,C- 3, as well as the commercial portions of mixed use districts without the requirement of a hermit being obtained therefor,• provided however, that not more than one such sign shall be permitte within or upon any such window display. and further, that any such signs shall not exceed 330 of the total window pane area to which such sign is affixed. 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 keening with the dish window or building. (3) Temporgry 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 temporM sign, whichever is sooner. (f) Non-commercial Temyor�gns. 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 i2gr event shall be permitte beginning30days 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 25 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 pro eeM upon the conclusion of the event. (33) 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.Byway of example: signs generally expressing allegiance llegiance (o��position) to a school or sports team or si ns generally expressing support (or o•p o itionl 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 sl2ecific setback requirements hall apply temporga 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 3: Each and every other section and subsection of Chapter 78. Zoning. Shall remain in full force and effect as previously adopted. Section 4: All ordinances or parts of ordinances in conflict be and the same are hereby repealed. Section 5: 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 6: Specific authority is hereby granted to codify this Ordinance. Section 7: This Ordinance shall take effect immediately upon passage. 26 ORDINANCE Date 06-20 10/8/2020 Upon Second Reading Motion Council Member Frank D'Ambra Second Vice -Mayor Kyle Stone FOR AGAINST ABSENT CONFLICT Mayor Abigail Brennan ®x 1 ® rl Vice -Mayor Kyle Stone ®x 1 Council Member Laurie Brandon ®x Council Member Frank D'Ambra IF] 1 ri Council Member Bruce Prince ®x El 1:1 The Mayor thereupon declared the Ordinance duly passed and adopted. MAYOR OF TEQUESTA: ATTEST: », OF TF° Q'•GO T�• �SEAL :INCORPORATED %E 4, Lori McWilliams, MMC Village Clerk