HomeMy WebLinkAboutDocumentation_Local Planning Agency_Tab 08_08/15/2013 ORDINANCE NO. 34-13
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING CHAPTER 78. ZONING. ART. XI.
SIGNS. BY UPDATING INTENT AND PURPOSE EXPLANATIONS,
PROVIDING TIME LIMITS ON THE PERMITTING PROCESS;
CLARIFYING SIGN MAINTENANCE REQUIREMENTS, UPDATING
TEMPORARY SIGN REGULATIONS AND PROHIBITEII� SIGN
REGULATIONS, CREATING NEW FLAGPOLE REGULATIONS AND
PROVIDING FOR GENERAL INTERNAL CONSISTENCY; 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, revisions to the Village's sign code are required to provide lawful
regulations that protect safety and aesthetic interests of the village as more specifically stated
herein, and that also acknowledge and protect constitutional issues including but not limited to
free speech and takings; and
WHEREAS, the Village Council believes the code amendment 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 Art. XI. Signs, by updating intent and purpose explanations, providing time
limits on the permitting process; clarifying sign maintenance requirements, updating temporary
sign regulations and prohibited sign regulations, creating new flagpole regulations and providing
for general internal consistency; providing that Art. XI. Signs, shall hereafter read as foliows:
ARTICLE XI. SIGNS
�_ _. _ __Y_-_--- ---_ _._.__,._____ _ - _.____._ __ . _ _. _ _ _- -_ -._. .__ _ _ _ _ _ __ ---- ---_ _ ___ .
Sec. 78-731. Intent and nuraose.
Sec. 78-732. Prohibited si n�s e� nerall�
Sec. 7$-733. Permit re�uired• a�plicabilitv of buildin� and electrical codes.
Sec. 78-734. Ap,�lication for permit.
Sec. 78-735. Issuance of permit; expiration of permit.
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Sec. 78-736. Permit fee.
Sec. 78-737. Maintenance �.
Sec. 78-738. Wind pressure and dead load requirements.
Sec. 78-739. Setbacks.
Sec. 78-740. General restrictions; maximum size and number of signs.
Sec. 78-741. Technical requirements.
Sec. 78-742. Exemptions.
Sec. 78-743. Subdivision and development si�
Sec. 78-744. Unsafe, unlawful or nonconforming signs.
Sec. 78-745. Prohibitions in all zonin� districts �
Sec. 78-746. Decorative inte�rated signs.
Sec. 78-747. Fla�s and fla�noles
Sec. 78-748. Temnorarv si�ns "'���r+°H� r°a
Sec 78-749. Bond and liabilitv insurance for si�n contractors.
Secs. 78-750 �49-78-770. Reserved.
Sec. 78-731. Intent and nurnose.
(a) It is the en�eral intent and nuraose of this article to promote and protect the public
health, safety, and general welfare bv re�ulatin� and limitin� the existin� and
bronosed t�ostin�, dist�lav, erection. use and maintenance of si�ns and other forms
of advertisin� structures within the villa�e.
(b) Saecificallv. the re�ulations contained in this article are intended to nrotect and
nreserve the aesthetics of the village, nrotect nronertv values. cre�te a more
attractive economic and business climate, enhance and nrotect the bhvsical
annearance of the communitv. nreserve the scenic and natural beautv of the
villa�e. nrovide more onen snace and brovide a more eniovable and nleasin�
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(c) The re�ulations contained in this article are �s further intended to �e�ee�
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�i�-�se, „ *� „ ��a '�_� -*�� a�������~� *� improve vehicular and
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pedestrian safety, , curb the deterioration of natural
beauty and the community environment, and reduce visual pollution.
(d) Substitution of noncommercial speech for commercial speech. Notwithstandin�
anvthin� contained in this article to the contrarv. anv si�n or advertisin� structure
erected nursuant to the nrovisions of this article mav at the obtion of the owner
. . _ __ ---
contain either a non-commercial messa�e unrelated to the business located on th
nremises where the si�n is erected or a commercial messa�e. The non-commercial
messa�e nlav occubv the entire si�n face or any nortion thereo£ The si�n face
mav be chan�ed from commercial to non-commercial messa�es, or from one
noncommercial messa.�e to another, as freauentiv as desired bv the owner of the
si�n, nrovided that the size and desi�n criteria contained in this articie have been
satisfied.
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� (e) Content neutralitv as to si�n message (viewnoint). Notwithstandins anvthin�
contained in this article to the contrarv, no si�n or advertisin� structure shall be
subiect to anv limitation based unon the content (viewnointl of the messa�e
contained on such sien or disnlaved on such si�n or advertisin� structure.
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 annrovals and permits from the villa�e council. the nlannin�
and zonin� advisorv board, the communitv develonment debartment and/o� the building
official, as annlicable. and making payment of a fee as set bv resolution of the villa�e
council and on file in the villa�e clerk's office as nrovided at Sec. 78-736 � mm���
":'�. In addition to the reauirements of this article, all signs shall be subject to the
provisions, permit fees, and inspection requirements of the village's building and other
technical codes, includin� electrical codes.
Sec. 78-734. Application for permit.
(a) Applications for sign permits shall be made upon proper forms provided by the
communitv develobme denartment and/or the building official and shall contain
or have attached thereto the following information:
(1) Name, address and telephone number, if any, of the applicant.
(2) Location of the building, structure, or lot to which or upon which the sign
is to be attached or erected and the position of the sign thereon.
(3) Two sealed plans and specifications for the construction and attachment of
the sign, showing stress sheets and calculations for dead load and wind
pressure as required in this article.
(4) Name of person erecting the structure.
(5) Written consent of the owner of the building, structure or land on which
the structure is to be erected.
(6) Any building or electrical permit required and issued for the sign;
provided, however, it shall be permissible to have the applicant delay the
acquisition of a building or electrical permit until after the applicant has
received conditional approval of all other aspects of his application.
(7) Such other information as the village shall require showing full
compliance with this article and all other laws and ordinances of the
village.
(b) In all applications for permits where a matter of interpretation arises, the most
restrictive intet ' 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
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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.
(d) In addition to the reauirements set forth in subsection (al of this section, all
annlications for bronosed free standin� si�nase which is not otherwise nart of a
site blan review shall be submitted to the nlannin� and zonin� advisorv board for
review and annroval as established at Sec. 22-53(bl. No si�n reauirin� blannin�
and zonin� advisorv board annroval shall be nermitted until the nlans for the si�n
have been submitted to and annroved bv the alannin� and zonin� advisorv board.
Sec. 78-735. Issuance of permit; expiration of permit.
(a) ���'z��*�, a����*�.'�����g--a�^�?� Upon the filing of an application for
a sign permit, the buildin� official shall. without unreasonable or unnecessarv
delav but in no case lon�er than 30 davs, �e examine the plans and specifications
and other data and the premises upon which it is proposed to erect the sign or
other advertising str�.icture for comnliance with buildin� codes, electrical codes
and other annlicable technical codes. The abblicant shall be notified immediatelv
bv the buildin� official of anv deficiencies and the anblicant shall correct same
nrior to the issuance of anv nermit. The buildin� official's failure to make a
comnliance determination within 30 davs shall be deemed_to be a determination
of comnliance. Additionallv, the communitv develobment director or desi�nee
shall. without unreasonable or unnecessarv delav, but in no case lon�er than 30
davs e xamine the abt�lication for comnliance with the villa�e's zonin�
regulations. The abnlicant shall be notified immediatelv bv the communitv
develonment director of anv deficiencies in the analication and the abnlicant shall
correct same brior to further nrocessin� of the an�lication. The communitv
develoament director's failure to make a combliance determination within 30
-
davs shall be deemed to be a determination of comnliance. Unon determinin� that
the annlication comnlies w ith the reauirements of this article, the communitv
develonment director shall nrocess the abblication for nlannin� and zonin�
advisorv board and/or villa�e council review and abbroval. as annlicable. on the
next available a�endas, � If it shall appear that the proposed sign or structure
is in compliance with all the requirements of this article and all other provisions
of this code as well as the anblicable buildins and other technical codes includin�
electrical codes and, where required, the "�T�� r°T��°==�°�"��� planning and
zoning advisory board or the villa�e council, as aablicable. has � approved said
si�n or advertisin� structure, �t-� T��"��-° ^^��„^�', the buildin� official shall
immediatelv thereafter issue the permit.
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_ _------� _ a, _*� - - * --- -- --- �� � �- - - � �, �'�' °_, 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 pravisions of this code
or anv at�plicable buildins or other technical codes includin� electrical codes or
any other regulations of the village, nor shall such issuance of a permit prevent
the building official from thereafter requiring a correction of er�ors in the plans or
in construction, or of violations of this article or other regulations of the village.
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Any permit issued shall become invalid unless the work authorized by it shall
have been commenced within 90 days after its issuance, or if the work authorized
by such permit is suspended or abandoned for a period of six months after the
time the work is commenced. Suspension or abandonment of the work will be
considered to have taken place when a period of six months lapses between
required scheduled inspections. A permit may be revalidated for a period of 90
days when just cause is given, and upon the payment of an additional fee of 50
percent of the original fee. No refunds of permit fees shall be allowed.
(c) Provided the application complies with this article and other applicable
regulations, the building official shall issue a permit for each such sign or
advertising structure, retaining a copy thereof and a copy of the plans of the sign
or advertising structure for his records. Permits shall disclose:
(1) The type of sign, or advertising structure �=g�-iz�'�ge-t��g
authorized by the permit as well as anv electrical work and other technical
work authorized bv the nermit.
(2) The legal description of the property upon which the sign or advertising
structure r"�^'� ���'*^^° +„'�° '_^__�___� is permitted to be located and the
name of the owner or lessee of such property.
(3) The location upon the property where the sign, or advertising structure e�
�;�-� - ^�*��� *„�� �;^�*;a� is permitted.
(4) The name of the person constructin� or erecting the sign or advertisin�
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 pertnit fees which may be required,
every applicant, before being granted a sign permit, shall pay to the village a permit fee
for each such sign or other advertising structure regulated by this article as set by
resolution of the village council and on file in the village clerk's office.
Sec. 78-737. Maintenance ��tg.
Maintenance ��g of signs and advertising structures is required. All signs
and advertisin�structures shal be maintained at all times in a condition which is safe and
which annears as ori�inallv_ nermitted and/or constructed. erected or installed. Sisns that
are nainted shall at a minimum be re-t�ainted every two years from the date of the
issuance of the permit, or more often if reauired to complv with the maintenance
reauirements of this section � � ��'<,;���'° �" +�° `>;"°° T''° ^ ° "� �
a�e�eg��ea �. ��,• ,�;�, �, �i �, oa +„ �,,, o ,.i� �.,;r,-oa .,+ �o ��
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maintenance violations shall be enforced throu�h the code enforcement st�ecial ma�istrate
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Sec. 78-738. Wind pressure and dead load requirements.
5
All free standin� signs and other advertising structures shall be designed and
erected to withstand a wind velocity of 150 miles per hour and shall be constructed to
receive dead loads as required in the building code or other provisions of this Code.
Sec. 78-739. Setbacks.
All freestanding signs shall be so located on a lot or parcel as to provide a ten-foot
minimum setback from a front yard property line and from a front yard and corner side
yard property line when the lot or parcel is a corner lot or parcel with direct exposure to
two public streets. The minimum required setback shall be measured from the property
line to the leading edge of the freestanding sign structure.
Sec. 78-740. 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 or �ara�e sale directional
signs and temporary development signs on remote parcels per subsections
78-740(b)(1) and 743(a). Political. reli�ious or aersonal (free-sneechl
si�ns and holidav disnlavs which contain a non-commercial messa�e,
shall not be deemed to be off-bremises si�ns.
(b) Residential and recreational districts. Signs in residential districts� �s�el�
� the residential portions of mixed use districts. and the R/OP district
shall be subject to the following:
(1) In residential districts R-lA, R-1, R-2, R-3� � in residential areas
of a mixed use ("MU") development and in the R/OP district, no
more than one sign per lot shall be permitted with an exposed area
of not more than four square feet, and advertising only the sale,
lease or rental of the lot or the improvements thereon or
advertising a nermitted �arase _sale. No off-nremises �e signs
shall be permitted; except, however, one open house directional
sign, or one �ara�e sale directional si�n, of not more than two
square feet, located on the same block as an advertised open house
or garage sale, 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 identification 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 Iots
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,
6
rental or lease is fully executed. Such sign shall be exempt from
any village permitting requirements. Gara�e sale si�ns shall be
removed immediatelv ubon the conclusion of the nermitted �ara�e
sale.
(5) Excent as arovided in subsection (11 above. signs in any R/OP
district shall be allowed only after abbroval �e�e-� by the planning
and zoning advisory board nursuant to Sec. 22-53(bl. or �
approval by the village council in accordance with the site plan
review process as established in article IX, division 2 of this
chapter, as anplicable.
(6) Places of assembly located in residential districts or the R/OP
district 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. lip 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 annroval �� by the planning and zoning
advisory board pursuant to Sec. 22-53(bl, or "„�
approval by the village council in accordance with the site
plan review process as established in article IX, division 2
of this chapter, as abblicable.
b. Wall sign: Wall-mounted signs shall be allowed, not to exceed 20
square feet in total area, to be constructed using individual raised
letters and/or a metal plaque type sign.
(c) Commercial districts. Signs in C-1, C-2 and C-3 commercial districts, as
well as the commercial areas �s of a mixed use "MU"1 development
�ic-� shall be subject to the following:
(1) In shopping centers, the size, design and location of wall signs
shall meet the technical requirements as established by this Code
and shall be permitted after approval by the building official.
Uniformity and proportion of design shall be carried out insofar as
is possible. Standard trademark signs may be permitted provided
they meet the technical requirements of this article and any
applicable requirements of the building and other technical
°'°��� codes includin� electrical codes. Any freestanding signs
shall meet the technical requirements of this article as well as the
apnlicable buildin� and other technical codes includin� electrical
codes and shall be allowed only after apt�roval �ie�u by the
planning and zoning advisory board nursuant to Sec. 22-53(bl,_or
"ri�e� approval by the village council in accordance with the
site plan review process as established in article IX, division 2 of
this chapter�as analicable.
(2} In commercial districts C-1, C-2, and C-3, as vvell as the
commercial portions of mixed use districts not including properties
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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. 7$-741. Technical requirements.
The following technical requirements shall apply as set forth in this section:
(a) Reszdential districts. Signs in residential districts zoned R-lA, R-1, R-2,
and R-3; in � residential areas of a MU Zoning District and in the R/OP
district shall follow the provisions of section 78-740(b).
(b) Commercial dzst�icts. 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 inaximum square foot area allowed
and have unifarmity with respect to coior, style and type of
sign material.
(2) Freestanding signs.
a. Shopping centers within the C-1 neighborhood commercial
district, as well as the cornmercial portions of mixed use
districts shall be allowed one freestanding sign, not to
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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 reauired bv the blannin� and zonin� advisorv boar
bursuant to Sec. 22-53(bl. or mav be recommended by the
planning and zoning advisory board and required by the
village council as part of the site plan review process as
established in article IX, division 2 of this chapter as
annlicable, 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 reauired bv
the nlannins and zonin� _advisorv board nursuant to Sec.
22-53(bl. or mav be recommended by the planning and
zoning advisory board and required by the village council
as part of the site plan review process as established in
article IX, division 2 of this chapter, as annlicable.
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 reauired bv
th blannin� and zonin� advisorv board bursuant to Sec.
22-53(b), or mav be recommended by the planning and
zoning advisory board aild required by the village council
as part of the site plan review process as established in
article IX, division 2 of this chapter, as anblicable,
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
9
t
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 reauired bv the
plannin� and zonin� advisorv board nursuant to
Sec. 22-53(bl. or mav be recommended by the
planning and zoning advisory board and required by
the village council as part of the site plan review
process as established in article IX, division 2 of
this chapter, as abnlicable. 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 nat
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 st�le and
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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
reauired bv the nlannin� and zonin� advisorv bo ard
nursuant to Sec. 22-53(bl. or mav be recommended
by the planning and zoning advisory board and
required by the village council as part of the site
plan review process as established in article IX,
division 2 of this chapter, as annlicable, 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 sqizare 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 reauired bv the nlannin� and zonin�
advisorv board nursuant to Sec. 22-53(bl. or mav be
recommended by the planning and zoning advisory
board and required by the village council as part of
the site plan review process as established in article
IX, division 2 of this chapter, as annlicable,
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 generai 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
11
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
reauired bv the nlannin� and zonin� advisorv board
nursuant to Sec. 22-53(bl. or mav be recommended
by the planning and zoning advisory board and
required by the village council as part of the site
plan review process as established in article IX,
division 2 of this chapter, as annlicable, 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, drive-in or carrvout restaurants, fuel nrice information si�ns,
buildin� directorv si�ns and time and temnerature si�ns, and where
specifically exempted or allowed by state law, or this code e��
� �ei-f-�--reEe�ex�t�e��
�� ,,,,a ., ,.,� „� t�.i��g�ce�Eil—�t�, °�'��
� l. .a ' ,-�, TY .a;. '� .,� +1,; �
=2 �
�•
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 occizpant in a commercial building or public
institutional building and not exceeding six square feet in area.
(� Nlemorial 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.
12
(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.
(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, as well as the
commercial portions of mixed use districts without the requirement of a
permit being obtained therefor; provided, however, that not more than one
such sign shall be permitted within or upon any such window display, and
further, that any such sign shall not exceed 500 square inches in size.
Such temnorarv si�ns mav be disnlaved for a maximum of 45 consecutive
davs• 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 temborarv signs described in subsection 78-740(b)(1), �
;��� 1+' � D 1 A D 1 �����.�Cyn ,Y.rl
� � �1� j J v� u.0 ui
°�;a°„*;�' ° ^� ",rTT ''��:�,� T`;°*r;^+° advertising the sale, lease or
rental of the lot on which the sign is located. advertisin� bermitted �ara�e
sales, and advertising an � °*^ °"�•�� �° open house a�� °�, all
pursuant to the regulations set forth therein.
(m)Temporary commercial signs , a maximum size
of six square feet, to be placed in store-front windows, for a maximum
period of 45 �-9 days from date of application for a permanent sign. Such
temporary signs are reqtiired to be removed when the permanent sign is
installed or no later than 45 �9 days after installation of the temporaxy
sign, whichever is sooner.
(n) Other temnorarv si�ns. includin� si�ns otherwise permitted in coniunction
with a snecial event. si�ns of a boli tical, reli�ious or nersonal (free-
s eechl nature. and holidav disblavs.
Sec. 78-743. Subdivision and development signs.
(a) Temporary signs promoting the development of subdivisions shall be allowed
upon approval by the building official and such permits shall be granted for a
period of six months only. Applications for renewal must be made again to the
building official and such renewal shall be for a six-month period. Only one such
sign shall be permitted an 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
13
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, and with the exnress written
a nroval of the off-site nronertv owner. 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 andlor informative designs upon them shall be permitted only at
entrances of developments or projects upon approval by the building official.
Such signs shall not exceed 15 square feet in area, shall not exceed six feet in
height above grade, shall not exceed the height of the wall or fence on which they
are installed, and shall meet the setback requirements of this article.
Sec. 78-744. Unsafe, unlawYUl or nonconforming signs.
(a) Unsafe or unlawful signs. When, upon inspection by the building official. the
code comnliance officer or anv other authorized villa�e bersonnel, any sign is
found to be unsafe or insecure, not properly maintained, constructed or erected, in
a dilapidated or hazardous condition, or erected without first obtaining a proper
permit, the owner shall be notified of the violation and reauired to cure such
violation. Failure to comnlv shall result in the case bein� brou�ht before the code
enforcement snecial ma�istrate °�'��€e--���c�e--a��-^��
, �• � o ;� ,.t,, • v ,.,,,; � .; ��; n sz b�,�� � „ ��o
�o���T� , �—u " : Y�.�.�. ..� ..� .,... .,
�• � �•� +. . .�• , �i.• �� � �. ��, �, •�a•„n ��;,. „i. ,;,�oa
-u�civirzir=dciTCin�cv cmT��vcczrvrrrcn�oi'r'rramg �.,�. t.:........�.��
� '
(b) Removal of sign advertising discontinued business. When a business or service
using an identification or advertising sign is discontinued, all signs and sign
structures relating to the business or service shall be removed by the owner of the
property on which the sign is located within ten days from the date of
discontinuance. Failure to comnlv shall result in the case bein� brou�ht before
the code enforcement snecial ma�istrate T� ��'� '���°�N°�� �° °°'��~'�~��~�+
�
t�(,�'�ge��e�6�e�ie�eo� �t,,,ii i..,.,a �t,o � ,oa
(c) Nonconforming signs.
(1) A sign existing within the village upon the date of passage of the
ordinance from which this article is derived, or a sign existing in an area
annexed to the village after the passage date of such ordinance, which, by
its height, square foot area, location, design, use or structural support does
not conform to the requirements of this article, shall hereafter be termed
nonconforming.
(2} A11 nonconforming signs within the village or within an area annexed to
the village t hat are not temporar� signs, shall be removed ar made to
conform with the re�uirements of this article prior to the expiration of two
T� e�e--�e� after the date of passage of the ordinance from which this
article is derived or after annexation, whichever applies. All
n onconf orm in� si�ns within the vil or within an area annexed to the
14
villa�e that are temnorarv signs shall be removed or made to conform
with�the reauirements of t his article within 45 davs after the date of
nassa�e of the ordinance from which this article is derived or after
annexation. whichever anblies.
(3) The period of time for removal or conformance shall begin upon the
passage of the ordinance from which this article is derived for signs within
the village and upon the effective date of annexation for signs within the
area being annexed. The building official shall mail notice of existence of
nonconforming signs to the owner or to any other person in control of the
premises on which the nonconforming sign exists.
(d) Conforming and nonconforming signs prohibited on same lot. No conforming
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 to
conform with the reauirements of this article ��g.
Sec. 78-745. Prohibitions in all zoning is ri ts e-a�ege�es.
(a) Blinking illuminated or reflective signs. No blinking, flashing, intermittent,
animated or reflective type signs shall be permitted. Rather, each light must be
constant in intensity of illumination with a soft and muted effect. At no noint on
the face of an LED or other illuminated si�n shall the luminance be in excess of
1,000 nits. LED or other illuminated si�ns shall be dimmed automaticallv from
30 minutes after sunset to 30 minutes before sunrise to 5% of their davli�ht
luminance settin� (for examnle. 1.000 nits nrior_to dimmin� reauires 50 nits after
dimmin .
(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. Anv si�n �g� attached to or placed on a vehicle (including
trailers) that is not bein� regularlv used in the conduct of the business bein�
advertised, and that is barke or otherwise visible from a street ri�ht-of-wav �e
shall be prohibited. A vehicle shall not be
considered "re�ularlv used in the conduct of the business" if the vehicle is used
�ri marilv (il for advertisin� or (iil for the nurbose of advertisin�. This provision
is not to be construed as prohibiting the identzfication of a firm or its principal
products on a ee��� vehicle operating during the n�rmal hours of business
and which is currentiv licensed insured and o e��; 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.
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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 displays� outdoor
blacement of samnle �oods or merchandisin� material, e� banners, feather or
flutter fla�s, or outdoor bortable si�ns_or advertisin� tlisnlavs ''�g
� shall be pertnitted. except as mav be annroved in coniunction with a
s�ecial event bermit or as mav be anbroved bv the villa�e mana�er for un to 45
davs in coniunction with �� .,.�'. ...,.....��:::<<� `.::a� �...H±w �r 21eW
�
business openings, ,a *�,--- ---'� �.,, � v_„� i o ,.� ,-�,o .,;r�„ o �„r,,,�o
. ��.w�� m,,��,���r
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
16
Y
allowed. Signs identifying handicapped parking spaces per state, county and
municipal requirements are exempt from this article;
(j) Off-premises o� billboard signs. No off-premises or billboard signs shall be
permitted except as set forth at subsection 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 or animated signs. No signs in motion, including swinging, rotating or
revolving signs, or si�ns containin� video tvne ima�erv 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 N�ith bz�ildings. No signs which obstriict or interfere with any
door, fire exit, stairway, ladder or opening intended to provide light, air, ingress or
egress for any building shall be permitted;
(p) Signs creating traffic safety or fire hazards. No signs which constitute a traffic
safety or fire hazard, by reason of size, location, coloring or method of
illumination, which obstruct the vision of motorists or pedestrians; or which
obstruct or detract from any official traffic control devices or utilize the words
"stop", "look", "danger", or any other word or phrase, symbol or character in such
a manner as to interfere with, mislead or confuse traffic shall be permitted;
(q) Cube signs. No cube sign or advertising structure comprised of four faces, with
copy on three or more faces shall be permitted;
(r) Aircraft search lights. No aircraft search lights promoting, advertising, or
bringing attention to a business, enterprise, or event shall be permitted, unless
approved in conjur�ction with a special events permit.
(s) Smoke, noise and odor. No si�n which emits anv noise, or anv odor, or anv
visible smoke or vabor barticles shall b e nermitted
Sec. 78-746. Decorative inte�rated signs.
The use of ��°� �r �_��"° �� "���'�'�~^�� �_°�+'� raised lettering or designs in or on the
walls of a buildin� and which are integrated into the total decor of the building may be
allowed in coniunction with the site nlan annroval or modification nrocess �
ri; „+;,. �„ +�.o �t„ „a �„ ,.a �.,,, .,� .;ii �,o ����,�nl����
, ��
�o�;n., „�,,,r„o,,,o�� �„ ��,o „
,� .
Sec. 78-747. Fla�s and fla��oles .
One fla�nole ner sin�le nronertv shall be nermitted. Fla�noles shall not exceed 25
feet in hei�ht. One (11 fla� ner pole shall be permitted For fla�noles less than 20 feet in
hei�ht the fla� shall not exceed 24 sauare feet with maximum dimensions of 4 feet x 6
feet. For flagpoles between 20 feet and 25 feet in hei�ht, the fla� shall not exceed 40
sauare feet with maximum dimensions of 5 feet x 8 feet. The villa�e council mav
abbrove ad fla�n u to a maximum of three on anv sin�le nrone
17
commensurate with the size of the nronertv unon which the fla�noles are to be erected.
The villa�e council mav abbrove increases in fla�pole or fla� size. commensurate with
the size of the brobertv unon which the fla�bole is to be erected. �1 '
� •
Sec. 78-748. Temnorarv si�ns .
(a) Temborarv si�ns are those si�ns that are not intended or not constructed for
nermanent nlacement nursuant to the technical reauirements of this article, as well
as the villa�e's buildin� and other technical codes, includin� electrical codes.
Temnorarv si�ns are exemnt from the nermittin� brocess reauired of nermanent
si�ns nursuant to this article; however si�ns shall comblv with the
reauirements of this section and those other sections referenced herein.
Temnorarv si�ns allowed in the villa�e are those that advertise the sale, lease or
rental of the lot or the imnrovements thereon. or that advertise a bermitted �ara�e
sale. or that advertise an onen house. all as more uarticularlv described in Sec. 78-
740(bl(1); si�ns otherwise bermitted a nart of a snecial event; temnorarv
commercial si�ns as more narticularlv described in Sec. 78-742(kl and (m);
political, reli�ious or nersonal (free-sbeechl sisns; and holidav disblavs. Outdoor
merchandisin� disnlavs shall comblv with the reauirements of Sec. 78-745(hl.
Political, religious and bersonal (free-sneech) temborarv si�ns shall be nermitted
with an exnosed area of not more than six sauare feet. Such si�ns that refer to a
aarticular election. event or other sbecific matter shall be removed within seven
davs after said election, event or other s n ec ific matter. Holidav disnlavs shall
likewise be removed within seven davs from the conclusion of the holidav. No
temnorarv si�n shall be placed in anv bublic ri�ht-of-wav or on anv bublic
ronertv. No temnorarv si�n shall be nlaced in a location, as determined bv the
village mana�er or his desi�nee in such a manner as to constitute a safetv hazard
or hindrance to �edestrian or vehicular traffic.
(b) Notwithstandin� the fore�oin�, the villa�e mana�er mav authorize the nlacement
within a ri ht-of-wav of temborarv si�ns identifvin� bv name onen businesses
adiacent to on�oin road construction. Anv such si�n shall comniv with FDOT or
other abnlicable standards re�ardin� letterin�, size, material and niacement.
ec. 78-749. Bond and liabilitv insurance for si�n contractors .
All si�n contractors shall aroduce evid ence to the villa�e that thev carrv insurance
and suret bon in the amounts and t es as re uired for licensin and certification in
accordance with F.S. ch. 489, as may be amended from time to time. "" ��RH� �'��" '�°
, ,
��,o o,.,.
Secs. 78-750 �-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.
18
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.
19