HomeMy WebLinkAboutOrdinance_338_07/10/1986• •
ORDINANCE NO. 338
V
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA,
AMENDING SECTION XII, SIGN REGULATIONS, OF
THE OFFICIAL ZONING ORDINANCE OF THE VILLAGE;
PROVIDING FOR SEVERABILITY; PROVIDING THAT
ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH ARE HEREBY REPEALED; PROVIDING
FOR CODIFICATION; PROVIDING AN EFFECTIVE
DATE.
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BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF TEQUESTA, as follows:
Section 1. Section XII, Sign Regulations, of the
Official Zoning Ordinance of the Village of Tequesta is hereby
amended as follows:
A. Subsection (D)(2) is hereby amended to read as
follows:
"(D) Application and Permit Requirements.
(2) In addition to the requirements set
forth in the above subsection (1), applications
for sign permits for any free-standing sign
shall be submitted to the Community Appearance
Board by the Building Official as part of
the site plan review process as established
in Section X (M) of this zoning ordinance.
No sign requiring Village Council approval
shall be permitted until the plans for same
have been submitted to the Community Appearance
Board and in turn approved by the Village
Council."
B. Subsection (E)(1) is hereby amended to read as
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follows:
"(E) Issuance of Permit.
(1) It shall be the duty of the Building
Official upon the filing of an application
for permit, to examine the plans and specifica-
tions and other data and the premises upon
which it is proposed to erect the sign or
other advertising structure, and if it shall
appear that the proposed sign or structure
is in compliance with all the requirements
of this section and all other provisions
of this code, and where required received
the approval of the Community Appearance
Board and/or the Village Council, issue
the permit."
C. There will be a new Subsection (I) Setback
Requirement to read as follows:
"(I) Setback Requirement.
All free-standing signs shall be so
located on a lot or parcel as to provide
a ten foot (10') 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 free-standing sign structure."
D. Subsection (J) of Section XII shall be entitled
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General Requirements and is hereby amended to read as follows:
II "(J) General Requirements.
The restrictions and maximum size of signs
in areas of the Village shall be as follows:
(1) Signs shall advertise only the structure
or business or land parcel upon which the sign
is erected or affixed.
(2) Signs in zoned residential districts.
(a) In residential districts R-1,
R-lA, R-2, and R-3, no more than one
(1) sign per lot shall be permitted with
an exposed area of not more than four
(4) square feet, and advertising only
the sale, lease or rental of said lot
or the improvements thereon. Said sign
shall be exempt from any village permitting
requirements.
(b) In residence districts R-2
and R-3, one (1) sign shall be allowed
attached to the building or structure
thereon, if any, provided that no signs
in any case shall be larger than twenty
(20) square feet.
(c) Identification signs at entrances
to driveways and/or parking lots not
to exceed two (2) square feet in size.
(d) Signs in any residential district
which advertise the sale, rental, or
lease of real estate shall be removed
no later than three (3) days subsequent
to said 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.
Said sign shall be exempt from any village
permitting requirements.
(e) Signs in any ROP district shall
be granted only upon approval by the
Community Appearance Board and by the
Village Council subsequent to site plan
review.
(3) Signs in zoned commercial districts
C-1 and C-2.
(a) 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 and
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the Community Appearance Board. Uniformity
and proportion of design shall be carried
out insofar as is possible. Standard
j trademark signs may be permitted provided
they meet the technical requirements
of this code and any applicable requirements
!! of the building and electrical codes. Any
free-standing signs shall meet the technical
requirements of this code and be subject
to the review and approval of the Community
I~ Appearance Board and the Village Council
'! prior to a permit being granted by the
!,; Building Official.
(b) In commercial districts C-1
and C-2, not including properties within
shopping centers, all wall signs shall
meet the technical requirements as established
by this code and shall be permitted after
review by the Building Official and upon
the approval of the Community Appearance
Board.
(c) Fixed ceiling-mounted signs
on shopping center walkways will be allowed
~I provided they are at right angles to
the building and do not exceed five (5)
square feet in size and do not exceed
~~~, one (1) per establishment.
(d) In buildings where establishments
use a common doorway or doorways or do
not have individual door openings and
frontage to a street or parking area,
the following alternative may be permitted
after approval by the Building Official
and the Community Appearance Board:
A composite sign for all tenants
not to exceed sixty (60) square
feet or a design for display of
individual signs not to exceed three
(3) square feet each and not more
than sixty (60) square feet in aggregate.
(e) In commercial districts C-1
and C-2, corner structures of buildings
with direct exposures to two (2) or more
public streets or to a shopping center
and a street shall be allowed a sign
on each side of said building exposed
to a street or shopping center.
(f) Signs in any commercial district
which advertise the sale, rental or lease
of real estate shall not exceed a dimension
of four (4) feet by eight (8) feet. Said
signs shall be removed no later than
three (3) days subsequent to the sale,
rental or lease of the property advertised.
Sale, rental or lease shall be deemed
to be the date from which a contract
for such sale, rental or lease is fully
executed."
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E. A new Subsection (K) relating to Technical
Requirements is hereby provided to read as follows:
"(K) Technical Requirements.
The following technical requirements
shall apply as set forth in this section.
(1) Signs in residential districts zoned
R-l, R-lA, R-2, and R-3 shall follow the provisions
of Subsection J(2) above.
(2) Signs in zoned commercial districts
C-1 and C-2.
(a) Signs on Buildings:
(1) One (1) sign per establish-
ment shall be permitted on the building
or structure not to exceed sixty (60)
square feet in area.
(2) Multiple wall signs on
a building frontage or tenant area may
be permitted upon approval by the Building
;, Official and the Community Appearance
Board that do not exceed the maximum
~~ square foot area allowed and have uniformity
with respect to color, style and type
of sign material.
(b) Free-standing Signs.
(1) In shopping centers, the
center shall be allowed one (1) free
standing sign, not to exceed sixty (60)
square feet in area, nor exceed twenty-five
(25) feet in height from finished grade
and have a minimum setback as required
under Subsection I of this code.
(2) Additional free-standing
signs shall be permitted in shopping
centers which have a frontage on one
or more streets of more than four hundred
(400) feet under the following conditions:
(a) There shall be permitted
one (1) free-standing sign for each three
hundred ( 3 0 0 ) f eet of such frontage ,
j or major fraction thereof.
(b) One (1) such sign shall
be permitted in each three hundred foot
section, or major fraction thereof.
(c) If two (2) or more signs
are permitted by reason of the amount
of street frontage, no sign may be closer
than one hundred (100) feet to another sign.
(d) Such additional free-standing
signs as may be allowed shall be constructed
in accordance with all other provisions
of this section.
(3) Establishments not in
a shopping center shall be allowed one
(1) sign per building apart from the
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building not to exceed sixty (60) square
feet in area, nor exceed twenty-five
(25) feet in height from the grade and
have a minimum setback as required by
Subsection (I) of this code.
(4) Multiple signage on a
single free-standing sign structure may
be permitted upon approval by the Building
Official, the Community Appearance Board,
and the Village Council provided, however,
that said signage shall not exceed the
maximum square foot area allowed and
has uniformity with regard to color,
style and type of sign material and has
the overall appearance of a single sign.
(c) Changeable letter signs are hereby
prohibited except for the reader portions
of theater signs, menu boards for fast
food restaurants and where specifically
exempted or allowed by State law or by
specific approval of the Community Appearance
Board and the Village Council."
F. Subsection (J) relating to Exemption is hereby
amended to read as follows:
"(L) Exemption.
The following signs shall be exempt from
the permitting requirements set forth in this
section:
(1) Professional name plates.
(2) Signs on residential property designating
the owner's name or name of home not to exceed
one (1) square foot in size.
(3) Control signs such as those designating
exits, entrance or no trespassing are not to
exceed two (2) 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 community appearance board.
(4) Signs denoting the architect, engineer,
contractor or developer when placed upon work
under construction, and not exceeding sixteen
(16) square feet in area; provided, however,
said signs must be removed within three (3)
days after the issuance of a certificate of
occupancy.
(5) 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 (6) square feet in area.
(6) Memorial signs or tablets, names
of buildings and date of erection when cut
into any masonry surface or when constructed
of a bronze and other incombustible materials.
(7) Lettering on windows not to exceed
three (3) inches in height per letter, indicating
occupant of office and nature of business.
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(8) Signs that may be required by any
agency of the state or federal government.
(9) Traffic or other municipal signs,
legal notices, railroad crossing signs, danger
and such temporary, emergency or nonadvertising
signs.
(10) Safety or caution signs such as
"no smoking" signs near flammable materials.
(11) Paper or other temporary signs may
be affixed or otherwise attached to or displayed
within glass display windows of commercial
establishments or stores in Commercial Districts
C-1 and C-2, without the requirement of a
permit being obtained therefor; provided however,
that not more than one (1) such sign shall
be permitted within or upon any such window
display, and further, that any such sign shall
not exceed five hundred (500) square inches
in size. The foregoing shall not prohibit
the use of tags or placards, when such are
directly adjacent to or attached to merchandise
displayed for sale; provided, however, that
the size and number of such signs are aestheti-
cally in keeping with the display window or
building."
G. Subsection (K), relating to Subdivision and
Development Signs is hereby amended to read as follows:
"(M) Subdivision and Development Signs.
(1) Temporary signs promoting the development
of subdivisions shall be allowed upon approval
by the Building Official and the Community
Appearance Board and such permits shall be
granted for a period of six (6) months only.
Applications for renewal must be made again
to the Building Official and such renewal
shall be for a six (6) month period. Only
one (1) such sign shall be permitted, not
to exceed thirty-two square feet in area,
nor exceed twelve (12) feet in height above
the grade and shall meet the setback requirement
of this code.
~t (2) 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 and the Community
Appearance Board. Such signs shall not exceed
twenty (20) square feet in area, nor exceed
six (6) feet in height above the grade, and
shall meet the setback requirements of this
code."
H. Subsection (L) relating to Removal of
Unsafe, Unlawful, or Nonconforming Signs is hereby amended to
read as follows:
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"(N) Removal of Unsafe, Unlawful, or Nonconforming Signs.
(1) When, upon inspection by the Building
Official, any sign is found unsafe or insecure,
not properly constructed or erected, or erected
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~I without first obtaining a proper permit, the
owners shall be required to make it safe and
secure and of proper construction, or remove
it, or obtain a proper permit within forty-eight
(48) hours from the time of notification in
~ writing to this effect from the building official;
provided, however, this time shall be extended
to thirty (30) days, when painting only is
required.
(2) When a business or service using
an identification or advertising sign is dis-
continued, all signs and sign structures relating
to this business or service shall be removed
by the owner of the property on which the
sign is located within ten (10) days from
the date of discontinuance. If such business
or service is bankrupt, the Village, after
proper notice, shall have the sign removed.
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(3) Nonconforming signs:
(a) A sign existing within the Village
upon the date of passage of this zoning ordinance,
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or a sign existing in an area annexed to the
Village after the passage date of this ordinance,
• jj which, by its height, square foot area, location,
'~ design, use or structural support does not
j conform to the requirements of this section
shall hereafter be termed nonconforming.
(b) All nonconforming signs within the
Village or within an area annexed to the Village
shall be removed prior to the expiration of
two (2) years after the date of passage of
this revised sign code or after annexation,
whichever applies.
(c) The period of time for removal shall
begin upon the passage of this zoning ordinance
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 said nonconforming
sign exists.
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j (4) Conforming, nonconforming signs
prohibited on same lot:
(a) No conforming sign or sign structure
shall be erected on the same plot with an
existing nonconforming sign until the nonconform-
j ing sign has been removed or made conforming."
I. Subsection (M) relating to Prohibitions in All
Zoning Categories is hereby amended to read as follows:
"(O) Prohibitions in all Zoning Categories.
(1) No blinking, flashing, intermittent
or reflective type signs shall be permitted.
Each light must be constant in intensity of
illumination.
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'~ (2) No sign shall extend above the roof
~ height, unless backed by a parapet extending
the entire length of the building and with
the same or greater height than the sign.
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(3) No neon tubing or other lineal use
of lighting in outlining either the sign or
the building or structure shall be permitted.
(4) No painted wall signs shall be permitted.
Lettering on walls must be of raised design.
(5) Signs on vehicles prohibited: Signs
attached to or placed on a vehicle (including
trailers) that are parked on public or private
property shall be prohibited. This provision
is not to be construed as prohibiting the
identification of a firm or its principal
products on a vehicle operating during the
normal hours of business, provided, however,
that no such vehicle shall be parked on public
or private property with signs attached or
placed on such vehicle primarily for the purpose
of advertising a business or firm or calling
attention to the location of a business or
firm.
(6) No political campaign signs are
permitted.
(7) Signs on show windows, display windows,
or doors or other windows:
(a) Permanent signs shall be permitted
to be erected or painted upon any window or
door as provided for elsewhere in this section.
Any such sign permitted shall be part of the
overall sign area permitted and shall not
exceed thirty (30) percent of the window or
door area.
(8) No outdoor merchandising display
of banners or other merchandising material
shall be permitted except for temporary special
community wide events and then only by special
permission of the Village Manager.
(9) No billboards shall be permitted."
J. Subsection (N) relating to Decorative Signs is
hereby amended to read as follows:
"(P) Decorative Signs.
(1) The use of a face or wall of buildings
with raised lettering or designs which are
integrated into the total decor of the building
may be allowed upon application to the Community
Appearance Board but will be granted only
if the design, in the Community Appearance
Board's judgment, is an enhancement to the area."
K. Subsection (O) relating to Operating Business of
Erecting and Maintaining Advertising Structures, Bond or Liability
Insurance is hereby amended to read as follocas:
"(Q) Operating Business of Erecting and Maintaining
Advertising Structures, Bond or Liability
Insurance.
(1) It shall be unlawful for any person
to engage in the business of sign or outdoor
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advertising or in the business of installing
or maintaining signs within the Village unless
and until such person shall have filed with
the Village a bond or certificate of public
liability and property damage insurance policy
executed by a company authorized to do business
in the State of Florida in a sum of not less
than one hundred thousand dollars ($100,000)
for injuries to one person, three hundred
thousand dollars ($300,000) for injury to
more than one (1) person, and five thousand
dollars ($5,000) for damage to property, and
a two thousand dollar ($2,000) surety bond
to cover damage to public property, and so
conditioned as to indemnify, keep harmless
and save the Village and all persons from
any damages, costs, liabilities or expenses
of any kind whatsoever which they might suffer
by reason of the construction, installation
and maintenance of signs or the destruction
thereof, total or partial, by any means whatsoever,
including acts of God."
Section 2. Section X, Supplemental Regulations,
Subsection (M), Site Plan Review, paragraph (1)(d) shall be revised
to read as follows:
"(d) No building permit shall be issued for
the purpose of erecting any structure or building,
or for structural alterations in any existing
structure or building or for the erection
of free standing signs, or the erection of
any signs in any ROP zoning district, as pro-
vided for in Section XII of this zoning ordinance
until after the Village Council shall approve
the site plan in accordance with this section."
Section 3. If any provision of this Ordinance or the
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application thereof is held invalid, such invalidity shall
not affect the other provisions or applications of this Ordinance
which can be given effect without the invalid provisions or
applications and to this end the provisions of this Ordinance
are hereby declared severable.
Section 4. All ordinances or parts of ordinances
in conflict herewith are hereby repealed or amended to be
consistent with the terms of this Ordinance.
Section 5. This Ordinance shall be codified and
made a part of the official Code of Ordinances of the Village
of Tequesta, Florida.
Section 6. This Ordinance shall take effect immediately
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upon its passage and approval, as provided by law.
THE FOREGOING ORDINANCE was offered by Councilmember
Jill K. Gemino who moved its adoption. The Ordinance
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was seconded by Councilmember Ron Mackail
upon being put to a vote, the vote was as follows:
FOR ADOPTION
('arlt-en n_ Stnrl~ar~l
Ron Mackail
Jill K. Gemino
AGAINST ADOPTION
Edwin J. Nelson
. and
The Mayor thereupon declared the Ordinance duly
passed and adopted this 10th day of July ,
1986.
ATTEST:
MAYOR OF TEQUESTA
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Carlton D. Stoddard
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JOHNSTON, SASSER, RANDOLPH & WEAVER
ATTORNEYS AND COUNSELORS AT LAW
310 OKEECHOBEE BOULEVARD
HARRY A. JOHNSTON II WEST PALM BEACH, FLORIDA 33402 HENRY F. LILIENTHAL
DONALD J. SASSER ~~ 1902-1982
JOHN C. RANDOLPH
P. O. BOX M HARRY ALLISON JOHNSTON
H. ADAMS WEAVER "~-` 1895-1983
MAUREEN A. RACKETY ~,
ANN MARIE G. REZZONICQ '"
°"'4 ~~~ (305) 655 - 0108
a~~~ ~ June 3 , 19 8 6
1;9~'~`
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.,, ,,
Mr. Robert $arp ~~
Village Manager
Village of Tequesta
P. O. Box 3273
Tequesta, Florida 33469-0273
Re: Sign Ordinance Amendments
Dear Bob:
Enclosed are the additional changes to the sign
code. This ordinance will go on second reading at the
earliest possible time subsequent to its publication. This
ordinance must be published at least ten (10) days prior
to adoption by being noticed once in a newspaper of general
circulation in the municipality. The notice of proposed
enactment shall state the date, time and place of the
meeting; the title of the proposed ordinance and the place
or places within the municipality where the proposed ordinance
may be inspected by the public. The notice shall also
advise that interested parties may appear at the meeting
and be heard with respect to the proposed ordinance.
Very t ~y yours,
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~N ~';~ RANDOLPH
JCR/lsn
Enclosure