HomeMy WebLinkAboutOrdinance_06-10_06/10/2010 ORDINANCE NO. 6 -10
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 PROVIDE
THAT THE COMMERCIAL PORTIONS OF MIXED USE
DEVELOPMENTS SHALL BE SUBJECT TO THE SAME
REGULATIONS AS OTHER COMMERCIAL DISTRICTS IN THE
VILLAGE, AND THAT THE RESIDENTIAL PORTIONS OF MIXED USE
DEVELOPMENTS SHALL BE SUBJECT TO THE SAME
REGULATIONS AS OTHER RESIDENTIAL DISTRICTS IN THE
VILLAGE; PROVIDING THAT EACH AND EVERY OTHER SECTION
AND SUB - SECTION 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 desires to subject the commercial portions of
mixed use developments to the same sign code regulations as other commercial
districts in the Village; and to subject the residential portions of mixed use districts to the
same sign code regulations as other residential districts in the Village; and
WHEREAS, the Village Council believes the sign 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 provide that
the commercial portions of mixed use developments shall be subject to the same sign
code regulations as other commercial districts in the Village; and that the residential
portions of mixed use districts shall be subject to the same sign code regulations as
other residential districts in the Village; providing that Article XI. Signs. shall hereafter
read as follows:
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ARTICLE XI. SIGNS
Sec. 78 -731. Intent.
[This section shall remain in full force and effect as previously adopted]
Sec. 78 -732. Prohibited signs generally.
[This section shall remain in full force and effect as previously adopted]
Sec. 78 -733. Permit required; applicability of building and electrical codes.
[This section shall remain in full force and effect as previously adopted]
Sec. 78 -734. Application for permit.
[This section shall remain in full force and effect as previously adopted]
Sec. 78 -735. Issuance of permit; expiration of permit.
[This section shall remain in full force and effect as previously adopted]
Sec. 78 -736. Permit fee.
[This section shall remain in full force and effect as previously adopted]
Sec. 78 -737. Painting.
[This section shall remain in full force and effect as previously adopted]
Sec. 78 -738. Wind pressure and dead load requirements.
[This section shall remain in full force and effect as previously adopted]
Sec. 78 -739. Setbacks.
[This section shall remain in full force and effect as previously adopted]
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 as well as the residential portions
of mixed use districts shall be subject to the following:
(1) In residential districts R -1A, 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.
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(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 sale, rental or lease 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 letter 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 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.
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 upon
approval by the village council in accordance with the site plan review process as
established in article IX, division 2 of this chapter.
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 as well as
the commercial portions of mixed use 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.
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(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
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 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 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) Commercial districts. Signs 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.
(2) Freestanding signs.
a. Shopping centers within the C -1 neighborhood commercial district as well as the
commercial portions of mixed use districts shall be allowed one freestanding sign, not to
exceed 60 square feet in area and not to exceed 16 feet in height from finished grade
and having a minimum setback of ten feet in accordance with section 78 -739.
Landscaping and irrigation at the base of any such signage 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.
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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 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. Reserved.
iii. Shopping centers having U.S. Highway 1 frontage in excess of 600 lineal feet, not
utilizing the freestanding signage allowance in excess of 60 square feet in area but not
to exceed 100 square feet in area provided for in this subsection and not utilizing any
outparcel signage allowed in this subsection, shall be permitted additional freestanding
signage not to exceed two additional freestanding signs for each eligible shopping
center, provided that the additional signage shall be located a minimum of 300 lineal
feet from any other freestanding sign within the shopping center. Any proposed
additional freestanding sign not separated by a distance of at least 300 lineal feet from
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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.
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(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) 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.
(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 as well as the commercial portions of mixed use
di ri 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.
(1) 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 six 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.
[This section shall remain in full force and effect as previously adopted]
Sec. 78 -744. Unsafe, unlawful or nonconforming signs.
[This section shall remain in full force and effect as previously adopted]
Sec. 78 -745. Prohibitions in all zoning categories.
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(a) Blinking or reflective 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) Outline 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 shall 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 shall 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 30 days prior to the date of
the election, referendum or matter to which the sign is directed;
(5) All temporary political signs shall be removed within seven days after the date of the
election, 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 election, 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.
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(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 display or 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 - premise or billboard signs. No off - premise or billboard signs shall be permitted
except as set forth at Sec, 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;
(1) 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 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 (4) four faces, with
copy on three (3) or more faces shall be permitted;
(r) Aircraft search lights. No aircraft search lights promoting, advertising, or bringing
attention to a business, enterprise, or event shall be permitted unless approved in
conjunction with a special events permit
Sec. 78 -746. Decorative signs.
[This section shall remain in full force and effect as previously adopted]
Sec. 78 -747. Bond and liability insurance for sign contractors.
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[This section shall remain in full force and effect as previously adopted]
Sec. 78 -748. Maintenance required.
[This section shall remain in full force and effect as previously adopted]
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: Specific authority is hereby granted to codify this Ordinance.
Section 6 : This Ordinance shall become effective immediately upon passage.
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Upon Second Reading this 10 day of June 2010, the foregoing Ordinance was offered
by Council Member Turnquest who moved its adoption. The motion was seconded by
Council Member Humpage and upon being put to a vote, the vote was as follows:
For Adoption Against Adoption
Mayor Pat Watkins X
Vice -Mayor Tom Paterno X
Council Member Vince Arena X
Council Member Jim Humpage X
Council Member Calvin Turnquest X
The Mayor thereupon declared the Ordinance duly passed and adopted this 10 day of
June, 2010.
MAYOR OF TEQUESTA
Pat Watkins
ATTEST:
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Lori McWilliams, CMC m=
Village Clerk �9 m��`