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HomeMy WebLinkAboutDocumentation_Workshop_Tab 01_03/24/2010ORDINANCE NO. 19-08 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING CHAPTER 78. ZONING. AT ARTICLE XI. SIGNS. BY UPDATING THIS ARTICLE TO CONFORM WITH RECENTLY REVISED SITE PLAN REVIEW PROCEDURES AND OTHER CHANGES IN PROCEDURES AND POLICIES; AND TO CLARIFY EXISTING REGULATIONS REGARDING VARIOUS CATEGORIES OF SIGNS; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUB-SECTION OF CHAPTER T8. 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 code was recently amended by eliminating the Community Appearance Board and by updating the site plan review process; and WHEREAS, the Village Sign code must be revised to conform to the aforesaid amendments and updates; and WHEREAS, in conjunction with those sign code revisions, the Village Council desires to clarify regulations for various categories of signs that are allowed throughout the Village; and WHEREAS, the Village Council believes the code amendments contained in this ordinance will be in the best interests of the Citizens of the Village of Tequesta. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1: Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta is hereby amended at Article XI. Signs. by updating this Article to conform with recently revised site plan review procedures and other changes in procedures and policies, and by clarifying regulations regarding various categories of signs; providing that Article XI. Signs. shall hereafter read as follows: ARTICLE XI. SIGNS Sec. 78-731. Intent. (a) It is the intent of this article to promote and protect the public health, safety, general welfare, and aesthetics of the village by regulating and limiting the existing and proposed posting, display, erection, use and maintenance of signs and o#her forms of advertising structures within the village. (b) It is further intended to protect property values, create a more attractive economic and business climate, enhance and protect the physical appearance of the community, preserve the scenic and natural beauiy of the village and provide a more enjoyable and pleasing community. Also, it is intended by this division to improve vehicular and pedestrian safety, provide more open space, curb the deterioration of natural beauty and the community environment, and reduce visual pollution. Sec. 78-732. Prohibited signs generally. No signs shall be permitted in the village except those specifically allowed by this article. Sec. 78-733. Permit required; applicability of building and electrical codes. It shall be unlawful for any person to erect, repair, alter, relocate or maintain within the village any sign or other advertising structure as defined in this chapter without first obtaining all required permits from the building official and making payment of a fee as set forth by the village. In addition, all signs shall be subject to the provisions, permit fees, and inspection requirements of the village building and electrical codes. Sec. 78-734. Application for permit. (a) Applications for sign permits shall be made upon proper forms provided by 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 spec cations 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 alf applications for permits where a matter of interpretation arises, the most rigid definition shall prevail. (c) In addition to the requirements set forth in subsection (a} of this section, all proposed signage which is part of an applications for site plan review shall be submitted to the planning and zoning advisory board for review, and to the village council for approval as part of the site plan review process as established in article IX, division 2 of this chapter. No sign requiring village council approval shall be permitted until the plans for the sign have been submitted to the planning and zoning advisory board and in turn approved by the village council. Sec. 78-735. Issuance of permit; expiration of permit. (a) It shall be the duty of the building official, upon the filing of an application for a sign permit, to examine the plans and specifications 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 al) the requirements of this article and all other provisions of this Code, and, where required, having been reviewed by planning and zoning advisory board and approved by the village council, issue the permit. (b) The building official shall act upon an application for a permit with plans as filed, or as amended, without unreasonable or unnecessary delay. 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 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 shah have been commenced within 90 days after its issuance, or if the work authorized by such permit is suspended or abandoned fora 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 upon the payment of aQ 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, advertising structure or high voltage tube lighting authorized by the permit. (2) The legal description of the property upon which the sign, advertising structure or high voltage tube lighting is permitted to be located and name of the owner or lessee of such property. (3) The location upon the property where the sign, advertising structure or high voltage tube lighting is permitted. (4) The name of the person erecting the 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. Painting. Painting of signs is required every two years from the date of the issuance of the permit, or more often if deemed advisable by the village. The owner of any sign as defined and regulated by this article shall be required to have properly painted at least once every two years alf parts and supports of the sign, unless the parts and supports are galvanized or otherwise treated to prevent corrosion. This section shall be interpreted and enforced in accordance with and in contemplation of the provisions of this chapter. Sec. 78-738. end pressure and dead load requirements. All 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. AI! freestanding signs shall be so located on a lot or parcel as to provide aten-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. General restrictions; maximum size and number of signs. The restrictions and maximum size of the signs in areas of the village shall be as follows: (a) Off-premises signs. Signs shall advertise only the structure or business or land parcel upon which the sign is erected or affixed. Off premises signs are prohibited except for temporary open house directional signs and temporary development signs on remote parcels per sections 78-740(b)(1) and 743(a). (b) Residential districts. Signs in residential districts shall be subject to the following: (1) In residential districts R-1 A, R-1, R-2, R-3 and in residential areas of a Mixed Use ("MU") development 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. No off-site signs shall be permitted; except, however, one open house directional sign of not more than two square feet, located on the same block as an advertised open house, is permitted during daylight hours on Saturday and/or Sunday only. Such sign shall be exempt from any village permitting requirements. (2) In residential districts R-2 and R-3, one sign shall be allowed attached to the building or structure thereon, if any, provided that no signs in any case shall be larger than 20 square feet. (3) Identification signs at entrances to driveways and/or parking lots not to exceed two square feet in size shall be allowed. (4) 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 safe, rental or tease is fully executed. Such sign shall be exempt from any village permitting requirements. (5) Signs in any R/OP district shall be allowed only after review by the planning and zoning advisory board and upon approval by the village council in accordance with the site plan review process as established in article IX, division 2 of this chapter. (6) Churches or synagogues located in residential districts shall be allowed signage as follows: a. Freestanding sign: One freestanding sign shall be allowed, not to exceed 30 square feet in total area,- with a maximum height of seven feet above finish grade. The sign shall meet the setback requirement of section 78-739. Up to 50 percent of the approved sign may be used as a changeable fetter reader sign. Any such freestanding sign shall be allowed only after review by the planning and zoning advisory board and upon approval by the village council in accordance with the site plan review process as established in article IX, division 2 of this chapter. b. Wall sign: One wall-mounted sign per building shah be allowed, not to exceed 20 square feet in total area, to be constructed using individual raised letters andlor a metal plaque type sign. c. Monument sign: One ground-based monument sign shall be allowed, not to exceed 20 square feet in area, with a maximum height of four feet above finish grade. The sign shall meet the setback requirement of section 78-739. Any such monument sign shall be allowed only after review by the planning and zoning advisory board and uaon a royal b the villa a council in accordance with the site tan review rocess as established in article IX, division 2 of this chanter. d. Multiple wall signs shall be allowed, providing that the total square foot area does not exceed 20 square feet and the signs are uniform with respect to style, color and sign material. (c) Commercial districts. Signs in C-1, C-2, and C-3 commercial districts 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 electrical codes. Any freestanding signs shall meet the technical requirements of this article and shall be allowed only after review by the planning and zoning advisory board and approval by the village council in accordance with the site plan review process as established in article IX, division 2 of this chapter. (2) in commercial districts C-1, C-2, and C-3, 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 alternative 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, 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 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. Sale, rental or lease shall be deemed to be the date on which a contract for such sale, rental or lease is fully executed. Sec. 78-741. Technical requirements. The following technical requirements shall apply as set forth in this section: (a) Residential districts. Signs in residential districts zoned R-1A, R-1, R-2, and R-3} and residential areas of a MU Zoning District shall follow the provisions of section 78- 740(b). (b) Commercaa/ districts. Signs in commercial districts C-1, C-2, and C-3 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. (2) Freestanding signs. a. Shopping centers within the C-1 neighborhood commercial district 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 may be required by the Community Development Director, or may 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 whenever the landscaping and irrigation are considered desirable. 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 may be required by the Community Development Director, or may be recommended by the planning and zoning advisory board and required by the the village council as part of the site plan review process as established in article IX, division 2 of this chapter whenever the landscaping and irrigation are considered desirable. 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 may be required by the Community Development Director, or may 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 whenever the landscaping and irrigation are considered desirable. 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 may be required by the Community Development Director, or may 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 whenever the landscaping and irrigation are considered desirable. ii+. 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 may be required by the Community Development Director, or may 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 whenever the landscaping and irrigation are considered desirable. 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 may be required by the Community Development Director, or may 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 whenever the landscaping and irrigation are considered desirable. 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 may be required by the Community Development Director, or may 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 whenever the landscaping and irrigation are considered desirable. 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 restaurants and where specifically exempted or allowed by state law, this code or by specific recommendation of the planning and zoning advisory board and approval of the village council as part of the site plan review process as established in article IX, division 2 of this chapter. Sec. 78-742. Exemptions. The following signs shall be exempt from the permitting requirements set forth in this article: (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 be required by any agency of the state or federal government. (i} TrafFc or other municipal signs, legal notices, railroad crossing signs, danger and other such temporary, emergency or non commercial signs. (j) Safety or caution signs such as "No Smoking" signs near flammable materials. (k) 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, C-2, and C-3, 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. 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. (I) Those signs described in section 78-740(b}(1), which permits one sign per lot in the R-1A, R-1, R-2 and R-3 districts, and in residential areas of MU Zoning Districts advertising the sale, lease or rental of the lot on which the sign is located and so as to allow one open house directional sign, all pursuant to the regulations set forth therein. (m) Temporary signs announcing a new business, a maximum size of 6 square feet, to be placed in store-front windows, for a maximum period of 30 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 30 days after installation of the temporary sign, whichever is sooner. 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 asix-month period. Only one such sign shall be permitted on each street frontage, not to exceed 32 square feet in area or exceed 12 feet in height above grade, and the sign shall meet the setback requirement of this article. The limitations within this article prohibiting off site signage shall apply to the temporary signs described in this subsection; except, however, if the. subdivision for which the sign is intended is geographically isolated from vehicular traffic, and where the applicant can provide sufficient proof to the village council that such condition has impaired the ability of the developer to market the subdivision, the village council may allow the temporary sign referenced in this subsection to be placed off-site at a place and location and under conditions acceptable to the village council. Such signage shall be subject to review by the planning and zoning advisory board and approval by the village council in accordance with the site plan review process as established in article IX, division 2 of this chapter. Applications for renewal beyond the initial six-month temporary period shall be subject to approval by the village council. (b) Permanent entrance signs on fences, walls or other appropriate structures with lettering and/or informative designs upon them shall be permitted only at entrances of developments or projects upon approval by the building official. Such signs shall not exceed ~A 15 square feet in area, shall not exceed six feet in height above grade, shall not exceed the height of the wall or fence on which they are installed, and shall meet the setback requirements of this article. Sec. 78-744. Unsafe, unlawful or nonconforming signs. (a) Unsafe or unlawful signs. When, upon inspection by the building official, any sign is found 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 required to make it safe and secure and of proper construction, or remove it, or obtain a proper permit within 48 hours from the time of notification in writing to this effect from the building official; provided, however, this time shall be extended to 30 days when painting only is required. (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. If such business or service is bankrupt, the viNage, after proper notice, shall have the sign removed. (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 confom~ to the requirements of this article, shall hereafter be termed nonconforming. (2) Alt nonconforming signs within the village or within an area annexed to the village shall be removed prior to the expiration of one years 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 shall begin upon the passage of the ordinance from which this article is derived for signs within the village and upon the effective date of annexation for signs within the area being annexed. The building official shall mail notice of existence of nonconforming signs to the owner or to any other person in control of the premises on which the nonconforming sign exists. (d) Conforming and nonconforming signs prohibited on same lot. No conforming sign or sign structure shall be erected on the same plot with an existing nonconforming sign until the nonconforming sign has been removed or made conforming. Sec. 78.745. Prohibitions in all zoning categories. (a) Blinking or re>/active signs. No blinking, flashing, intermittent, animated or reflective type signs shall be permitted. Each light must be constant in intensity of illumination 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) Out/ine lighting. No neon 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. Signs attached to or placed on a vehicle (including trailers) that are parked on public or private property shah be prohibited. This provision is not to be construed as prohibiting the identification of a firm or its principal products on a commercial 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. (f) Political signs. Political signs are regulated as follows: (1) No temporary political sign shall exceed six square feet per sign face in area; (2) No temporary political sign sha{I be placed in any public right-of--way or on any public property; (3) No temporary political signs 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; (4) Temporary political signs shall not be erected more than 34 days prior to the date of the election, er referendum or matter to which the sign is directed; (5) AI! temporary political signs shall be removed within seven days after the date of the election,, er referendum or matter to which the sign is directed. If the signs are not timely removed, the village may enter upon the property where the sign is located and remove the sign at the property owner's expense; provided that, prior to the removal by the village, the village shall, within the seven-day period, send by hand delivery or certified mail, return receipt requested, to the addresses of the owner of each property on which the temporary political sign is located and to the owner as listed on the current tax rolls of the county, a notice of noncompliance stating that the village shall remove the sign at the property owner's expense if the sign is not removed within the seven-day period following the electionx eF referendum or matter to which the sign is directed. Each sign not removed prior to expiration of the seven-day period shall constitute an abandoned sign not requiring a hearing prior to its removal by the village. The cost of removal by the village shall be as set by resolution of the village council and kept on file in the village clerk's office, which cost shall be assessed against the property owner and may be levied upon the property upon which the violating sign was located. However, no cost of removal shall be assessed against the property or property owner if the property owner can conclusively prove to the village manager, or his designee, that he was not responsible for the temporary political sign and had no knowledge of the temporary sign being placed or maintained on his property. (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 pem~itted 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 display of banners or other merchandising material shall be permitted except for temporary special community-wide events or new business openings, and then only by special permission of the village manager 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. (i) Reserved parking space signs. No signs identifying or designating parking spaces as reserved for individual tenants, businesses and/or property owners shall be allowed. Signs identifying handicapped parking spaces per state, county and municipal requirements are exempt from this article; (j) Off-promise or bil/boarnf signs. No off-premise or billboard signs shall be permitted except as set forth at Section 78-740 (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 public property, shall be permitted; except that public utility, convenience, and warning signs are permitted if approved and erected by governmental agencies having jurisdiction over the applicable property; (I) Moving signs. No signs in motion, including swinging, rotating or revolving signs 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 flue 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 (4) four faces, with copy on three (3) or more faces shall be permitted; (r) Aircraft seanch tights. No aircraft search lights promoting, advertising, or bringing attention to a business, enterprise, or event shall be permitted; Sec. 78-746. Decorative signs. The use of faces or walls of buildings with raised lettering or designs which are integrated into the total decor of the building may be allowed upon application to the planning and Zoning board, but approval will be granted only if the design, is an enhancement to the area. Sec. 78-747. 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 Chapter 489, F.S., as may be amended from time to time. Sec. 78-748. Maintenance required. All signs shall be maintained in appearance as well as mechanical, electrical, and structural condition by the property owner. Secs.78-749-78-770. Reserved. Section 2: Each and every other section and subsection of Chapter 78. Zoning. shall remain in full force and effect as previously enacted. Section 3: All Ordinances or parts of Ordinances in conflict herewith 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: Speck authority is hereby granted to codify this Ordinance. Section 6: This Ordinance shall become effective immediately upon passage. Upon First Reading this 13 day of November 2008., the foregoing Ordinance was offered by Council Member Humpage who moved its adoption:. The .motion was seconded by Vice-Mayor Turnquest and upon being put to a vote, the vote was as follows. Mayor Pat Watkins Vice-Mayor Calvin Turnquest Council Member Vince Arena Council Member Tom Patemo Council Member Jirn Humpage For Adoption Against Adoption X X X X X Upon Second Reading this 11 day of December 2008, the foregoing Ordinance was offered by Council Member Humpage who moved its adoption. The motion was seconded by Vice-Mayor Tumquest and upon being put to a vote, the vote was as follows: Mayor .Pat Watkins Vice-Mayor Calvin Tumquest Counci{ Member Vince Arena Council Member Tom Patemo Council Member Jim Humpage For Adoption Against Adoption X X X X The Mayor thereupon declared the Ordinance duly passed and adopted this 11 day of December, 2008. MAYOR OF TEQUESTA ATTEST: Pat Watkins Lori McWilliams CMC ~ INCORPQRATEl7 , Village Clerk ~.+~`.. ,i ~ '~,~'