HomeMy WebLinkAboutDocumentation_Regular_Tab 17_09/12/2013 VILLAGE CLERK'S QFFICE
AGENDA ITEM TRANSMITTAL FORM
Meeting Date: Meeting Type: Regular Ordinance #: 34-13
9/12/13
Consent Agenda: No Resolution #: N/A
Originating Department: Legal
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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 PROHIBITED 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
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Account #: Amount of this item:
Current Budgeted Amount Available: Amount Remaining after item:
Budget Transfer Required: Appropriate Fund Balance:
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_ _ _ ___ _ __ _ _ _ _
- _ _ - - --
Department Head Submitted f�� � �=�«,� , ��
Finance Director ' � �
Reviewed for Financial S fficiency ❑
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No Financial Impact
Attorney: (for legal sufficiency)
Village Manager: - ; '
Submit for Council Discussion: �
Approve Item: ❑
Deny Item: �
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.- . ..- . . -.. ... - . - � - . -
Form Amended: 7/12/12
ORDINANCE NO. 34-13
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING CHAPTER 78. ZO1�iING. 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 EACH AND EVERY OTHER SECTION AND SUB-SECTION OF
CHAPTER 78. ZONING. SHALL REMAIN IN FULL FORCE AND
EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFT.ICTS
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. Zaning. 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 eonsistency; providing that Art. XI. Signs, sha11 hereafter read as follows:
ARTICLE XI. SIGNS
Sec. 78-731. Intent and nurnose.
Sec. 78-732. Prohibited si n�s eg nerally_
Sec. 78-733. Permit required; applicability of buildin� and electrical codes.
Sec. 78-734. Application for permit.
Sec. 78-735. Issuance of permit; expiration of permit.
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Sec. 78-736. Permit fee.
Sec. 78-737. Maintenance �i�.
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 develobment si n�s.
Sec. 78-744. Unsafe, unlawful or nonconformin si ns.
Sec. 78-745. Prohibitions in all zonin� districts Ea��.
Sec. 78-746. Decorative inte�ated signs and architectural li�htin�_
Sec. 78-747. Fla s and fla oles
Sec. 78-748. Temborarv si�ns "��;r*°r�r�° N°a
Sec. 78-749. Bond and liabilitv insurance for si�n connactors
Secs. 78-750 �1--78-770. Reserved.
Sec. 78-731. Intent and nurnose.
(a) It is the en�e��al intent and burnose of this article to promote and protect the public
health, safety and general welfare bv re�ulatin� and limitin� the existin� and
probosed bostin�, displav, erection, use and maintenance of si�ns and other forms
of advertisin� structures within the village.
(b) Snecificallv, the re�ulations contained in this article are intended to brotect and
preserve the aesthetics of the village brotect nropertv values. create a more
attractive economic and business climate, enhance and brotect the phvsical
a nearance of the communitv, nreserve the scenic and natural beautv of the
villa�e, provide more onen st�ace and nrovide a mare eniovable and pleasin�
communitv
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(c) The regulations contained in this article are �s further intended to ��
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����e, i�--i���a°�—t�ri��--� *� improve vehicular and
pedestrian safety, ������re��-epe-r��u� curb the deterioration of natural
beauty and the community environment, and reduce visual pollution.
(d) Substitution of noncommer•cial speeeh fo� comme�cial sneech. Notwithstandin�
an thin� contained in this article to the contrarv, anv si�n or advertisin� structure
et•ected nursuant to the pi•ovisions of this article mav, at t�ie option of the owner
contain either a non-commercial messa�e unrelated to the business located on the
remises where the sign is erected or a commercial messa�e. The non-commercial
messa e mav occunv the entire si�n face or anv bortion thereof. 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, provided that the size and desi�n criteria contained in this article have been
satisfied.
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(e) Content neutralitv as to sign message (viewpoint). Notwithstandin� anvthin�
contained in this article to the contrarv. no si�n or advertisin� structure shall be
subject to anv limitation based unon the content lviewnointl of the messa�e
contained on such sim 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 a11 required annrovals and pernuts from the villa�e council, the �lannin
and zonin� advisorv board, the communitv develonment denartment and/or 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 village clerk's office as nrovided at Sec. 78-736 ��
�age. 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 pernuts shall be made upon proper forms provided by the
communitv develonment denartment and/or the building official and shall contain
or have atta.ched thereto the following information:
(1) Name, address and telephone number, if any, of the applicant.
(2) Location af 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 pernut 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 interoreta.tion ' 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
a blications for nrobosed free standin� si�na�e which is not otherwise nart of a
sit nlan review sha11 be submitted to the nlanning and zonin� advisorv board for
review and abbroval as established at Sea 22-53(b). No si�n reauirin� plannin�
and zonin� advisorv board ant�roval shall be nermitted until the nlans for the si�n
have been submitted to and abnroved bv the nlannin� and zonin� advisorv board
Sec. 78-735. Issuance of permit; expiration of permit.
(a) 7 *-�v°"'�° +'�° 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 structure for comnliance with buildins codes. electrical codes
and other annlicable technical codes. The anblicant shall be notified immediatelv
bv the buildin� official of anv deficiencies and the annlicant shall correct same
rior to the issuance of anv nermit. The buildin� official's failure to ma.ke a
comnliance determination within 30 davs shall be deemed to be a determination
of comnliance. Additionallv. the communitv develo�ment director or desimee
shall. without unreasonable or unnecessarv delav. but in no case lon�er than 30
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davs. examine the annlication for comnliance with the villa�e's zonin�
re�ulations. The apnlicant shall be notified immediatelv bv the communitv
develonment director of anv deficiencies in the annlication and the annlicant shall
correct same nrior to further nrocessin� of the annlication. The communitv
develonment director's failure to make a combliance determination within 30
davs shall be deemed to be a determination of comnliance Unon determining that
the anblication comblies with the reauirements of this article, the communitv
develonment director shall nrocess the annlication for nlanning and zoning
advisorv board andlor villa�e council review and annroval. as abblicable. on the
next available a�endas, � If it shall appear that the proposed sign ar structure
is in compliance with all the requirements of this article and all other provisions
of this code s well as the annlicable building and other technical codes includin�
�ectrical codes, and, where required, t�e planning and
zoning advisory board or the village council, as annlicable, has � approved said
si�n or advertisin� structure. ', the buildin� official shall
immediatelv thereafter issue the permit.
(b) ,
a a ��+'���•+ � ° °"'° ^ ° ° � �'°'��� A permit issued shall
vi uv wn�iiuv � `
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 anv annlicable buildin�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 errors 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 oN�-�ti=���t�l�g�t-�i�
authorized by the permit, as well as anv electrical work and other technical
work authorized bv the bermit.
(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 prope��ty.
(3) The location upon the property wher•e the sign, or advertising str•ucture e�
�,;n�, < „i+,,,.v �„�,o i;n�,�;,,n is permitted.
(4) The name of the peison const�'uctin� 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 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 advet structure i•egulated by this article as set by
resolution of the village council and on file in the village clerk's office.
Sec. 78-737. Maintenance ��g.
Maintenance �'a�g of signs and advertisin� structures is required. All signs
and advertisin� structures shall be maintained at all times in a condition which is safe and
which at�nears as ori�inallv nermitted and/or constructed, erected or installed. This
maintenance reauirement eYtends to landseabin� and irri�ation svstems associated with
anv freestandin� or monument si ns. Si�ns that are bainted shall, at a minimum. be re-
an inted every two years from the date of the issuance of the permit, or more often if
reauired to comblv with the maintenance reauirements of this section �°°m°a �a���r���°
�—t-l�e=�-'�agge. �#�-e����^� a�r��-r�g '��a ��r�-
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eet��e��: ^� *'�° „ r������^r� �� t�ri�--e-���� Si�n maintenance violations shall be
enforced throu�h the code enforcement snecial ma�istrate nrocess.
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Sec. 78-738. Wind pressure and dead load requirements.
All free standing 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 sha11 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 vr sara�e sale directional
signs and temporary development signs on remote parcels per subsections
78-740(b)(1) and 743(a). P litical religious or nersonal ffree-sneechl
si�ns and holidav disnlavs, which conta.in a non-commercial messa�e,
shall not be deemed to be off-nremises si�ns.
(b) Residential and recreational districts. Signs in residential districts �s-�ve��
�s the residential portions of mixed use districts and the RIOP 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 �arage sale. No off-premises si�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 lots
not to exceed twa square feet in size shall be allowed.
(4) Signs in any residentiai district which advertise the sale, rental, or
lease of real estate shall be removed no later than three days
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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. Gara�e sale signs shall be
removed immediatelv ubon the conclusion of the bermitted �ara�e
sale.
(5) Excent as nrovided in subsection (1) above, signs in any R/OP
district shall be allowed only after at�broval � by the planning
and zoning advisory board ursuant to Sec. 22-53(bl, or �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 apblicable
(6) Places of assembly located in residential disri or the R/OP
district shall be allowed signage as follows:
a. Fr•eestanding sign: One fi•eestanding sign shall be allowed,
not to exceed 30 square feet in total area, with a maximum
height of seven feet above finish gi•ade. The sign shall meet
the setback i•equirement of section 78-739. Up to 50 percent
of the approved sign may be used as a changeable letter
reader sign. Landscaain� and irri�ation at the base of an�
such si�na�e shall be reauired. Any such freestanding sign
shall be allowed only after a b���� by the planning
and zoning advisoi•y board ursuant to Sec. 22-53(bl, or
a�d—�e� approval by the village cotmcil 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 at•ea, to be constructed using individual raised
letters and/or a metal plaque type sign.
(c) Commercial distr�icts. Signs in C-1, C-2 and C-3 commercial districts, as
well as the commercial areas �s of a mixed use "MU"1 develonment
��s 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 afier appraval 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
a licable buildin� and other technical codes includin� electrical
codes and shall be allowed only after a p�� �€�� by the
planning and zoning advisory board ursuant to Sec. 22-53(bl, or
��e� approval by the village council in accordance with the
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site plan review process as established in article IX, division 2 of
this chapter, as annlicable.
(2) In commercial districts C-1, C-2, and C-3, as well as the
commercial portions of m�ed 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 appraval 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 th�e 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 cornmercial districts C-1, C-2, and C-3, as well as the
commercial portions of m�ed use districts corner structures of
buiidings 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 sha11 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-1 A, R-1, R-2,
and R-3; in � residential areas of a MLT Zoning District� and in the R/OP
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.
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(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 ii�rigation at the base of any such signage shall � be
required by the community development director, or may
be reauired bv the blannin� and zonin� advisorv board
pursuant to Sec. 22-53(b), or shall be recommended by the
planning and zoning advisory board and required by the
village council as pai of the site plan review process as
established in article IX, division 2 of this chapter� as
apnlicable, �z�ei=e�—t���� �a ,.,. ;�t-�e�
,.,.,,�;�av,.oa ,ao�;,•�hia
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. Landscapin� and ii�rigation
at the base of any such signage shall � be required by the
community development director, or may be reauired bv
the �lannin� and zonin� advisorv boaz•d nursuant to Sec.
22-53(b), or shall be recommended by the planning and
zoning advisory board and required by the village council
as part of the site plan review process as established in
article IX, division 2 of this chapter, as a�plicable,
�i�l@3d@� �£ � cc�r"r`�.rz' �u�ca
�c.
c. Shopping centers not utilizing additional freestanding
signage or having approved outparcels with appi•oved
fi•eestanding 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 excead 20 feet in height from
finished grade and having a ten-foot miniinum setback in
accordance with section 78-739. Landscaping and irrigation
at the base of any such signage shall � be required by the
community development director, or may be reauired bv
the blannin� and zonin� advisorv board bursuant to Sec.
22-53(bl, or shall be recommended by the planning and
zoning advisory board and required by the village council
as part of the site plan review process as established in
article IX, division 2 of this chapter, as anblicable
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I
Vb i
d�s�. 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 per one fi•eestanding sign
for each outparcel, not to exceed 45 square feet in
area and not to exceed eight feet in height from
finished grade and having a minimum setback of ten
feet in accordance with section 78-739.
Landscaping and irrigation at the base of any such
signage shall � be required by the community
development director, or may be re uired bv the
lannin� and zonin� advisorv board pursuant to
Sec. 22-53(b), oi• shall be recommended by the
planning and zoning advisory board and required by
the village council as part of the site plan review
process as established in article IX, division 2 of
this chapter, as applicable, ����_� *�
i„�a�,,.,,,;,,,. ,,.,,a ; ,.��;,.,, � �;ao,.oa ,ao�;,.��.�o
ii. Reserved.
iii. Shopping centers having U.S. Highway 1 frontage
in excess of 600 lineal feet, not utilizing the
fi•eestanding signage allowance in excess of 60
square feet in ai�ea 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
fi�eestanding 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 fi•om any other
freestanding sign within the shopping center. Any
proposed additional freestanding sign not separated
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by a distance of at least 300 lineal feet from any
other freestanding sign on the pi�oposed 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 iirigation at the
base of any such signage shall � be required by
the community development director, or may be
reauired bv the t�lannin� and zonin� advisorv board
uz•siiant to Sec. 22-53(bl, or shall be recommended
by the planning and zoning advisory board and
required by the village council as par of the site
plan review process as established in article IX,
division 2 of this chapter as abblicable ����
t�e--l�r��c-a��d---��e� ur�ee�sit-���
d�.
iv. Such additional fi•eestanding signs as may be
allowed shall be constructed in accordance with all
other provisions of this subsection.
e. Establishments not in shopping centeis 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 squat•e feet in area and
not exceeding 16 feet in height fi•om finished grade
and having a minimum setback of ten feet in
accordance with section 78-739. Landscaping and
il��igation at the base of any such signage shall �
be required by the community development
director, or may be reauired bv the plannin� and
zonin� advisorv boaz•d aui•suant to Sec. 22-53(b), or
shall be recommended by the planning and zoning
advisory board and required by the village council
as part of the site plan review process as established
in article IX, division 2 of this chapter, as
applicable, �'� *'� ' a� ra ^*'^
VY11V11{.+YVl 1-11V 1CiIZ
���'°r°a a°��r�'�'°. The sign shall be located
within the middle one-third of the property fi•onting
on the public street.
ii. Establishments not in a shopping center, located
within the C-2 community commercial district or
]1
the C-3 general commercial district, shall be
allowed one sign per building apart from the
building not to exceed 60 square feet in area and not
exceeding 20 feet in height from finished grade and
having a minimum setback of ten feet in accordance
with section 78-739. Landscaping and irrigation at
the base of any such signage shall � be required
by the conununity development director, or may be
reauired bv the nlannin� and zonin� advisorv board
ursuant to Sec. 22-53(bl, or shall be recommended
by the planning and zoning advisory board and
required by the village council as part of the site
plan review process as established in article IX,
division 2 of this chapter as apnlicable, T����-
t-�e�„��„ n ,,,� ..; �t-�e�--e�eexs�c���
��.. The sign shall be located within the
middle one-third of the property fronting on the
public street.
(3) Changeable ZetteN signs. Changeable letter signs are prohibited
except for the reader portions of theater signs, menu boards for fast
food, drive-in or cai7�vout restaurants, si�ns at blaces of assemblv
advertisin� such nlaces' current activities and events, fuel price
information si�ns, buildin� directorv si�ns and time and
temberature si�ns, and wher�e specifically exempted or allowed by
state law, or this code a������'��T�se��d-�t�en--o�t-�e
r���r;,,,. „a „a<,;�,.,.., t�,.�,-a ra ,�� „� �„��
E6�1�1 ,�.,,.r „� t ��t�iz^crri-@�C'i@bt�p'ivE@$r.ris9--�,s�c`l�i�n°cc -zii
.,,-t;..lo TV �;<,;�;.,,, 7 .,f�l,;� ..1..,,��or
� •
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 eYCeeding 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.
12
(� 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 pe1• 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
goveinment.
(i) Traffic or other municipal signs, legal notices, railroad crossing signs,
danger and other such ternporai•y, 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 oi•
stores in commercial districts C-1, G2, and C-3, as well as the
commercial poi 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 disblaved for a maximum of 45 consecutive
davs• The foregoing shall not prohibit the use of tags or placai•ds, 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 tempol•arv signs described in subsection 78-740(b)(1), �,.�
���i�s-e��ig�-��e�-i-�--F �A , u � ,� n � a • + • �� a
c � c i��ncrzc
�on;ao„�;�� o �.4' AiTT T �,,,,;,,,. r,;n+,.;,.+n advertising the sale, lease or
rental of the lot on which the sign is located advei�tisin� nermitted �ara�e
sales. and advertising an r^ ^° *� °"��_� �r° open house ��r°^*�^^°' ��Rr, all
pursuant to the regulations set forth therein.
(m)Temporary commercial signs �r � r°� a maximum size
of six square feet, to be placed in store-front windows, for a maximum
period of 45 �9 days fi�om date of application for a permanent sign. Such
temporary signs are required to be removed when the permanent sign is
installed oi• no later than 45 �9 days after installation of the temporary
sign, whichever is sooner.
(n) Sandwich board si�ns, no lar�er• than 36" tall x 24" wide, located adiacent
to the business storefi•ont and no further than five (51 feet from the
business entrance. which do not i�iterfere with sidewalk access bv
pedestrians or violate buildin� code accessibilitv reauirements. All such
si�ns shall be removed at the end of each business dav and stored indoors.
The ulacement of anv such si�n is at the owner's risk; and the owner shall
defend, indemnifv and hold harmless the villa�e fiom anv and all liabilitv
associated with the nlacement of such si�n on or adiacent to a sidewalk or
other pedestrian or public wav. The villa�e shall have the ri�ht to cause
the removal of an� such si�n that obst�ucts safe �ublic passage or that is in ��
violation of buildin� code accessibilitv reauirements. '
13
(o) Other temnorarv signs, includin� sims otherwise nernutted in coniunction
with a snecial event, sims of a bolitical, religious or nersonal (free-
s�eechl nature. and holidav disnlavs.
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 sha11 be for a six-month period. Only one such
sign shall be permitted on each street frontage, not to exceed 32 square feet in
area or exceed 12 feet in height above grade, and the sign shall meet the setback
requirement of this article. The limitations within this article prohibiting off-site
signage shall apply to the temporary signs described in this subsection; except,
however, if the subdivision for which the sign is intended is geographically
isolated from vehicular traffic, and where the applicant can provide sufficient
proof to the village council that such condition has impaired the ability of the
developer to market the subdivision, the village council may 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
approval of the off-site bronertv 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 and/or informative designs upon them shall be pernutted 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, sha11 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, the
code combliance officer or anv other authorized villa�e nersonnel any sign is
found to be unsafe or insecure, not properly maintained, constructed or erected, in
a dilapidated or hazardous condition, or erected without first obtaining a proper
permit, the owner shall be notified of the violation and required to cure such
violation. Failure to comnlv shall result in the case bein� brought before the code
enforcement snecial ma�istrate
.,�+...,,.+;,,,, ;+ ,.t,+,,;,, � ,..,..;, . ,;+�.,;,, n Q i,,,,,,.� �.,,.,., �i.v
vviaacxuv � ° � °
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� •
(b) Removal of sign advertising discontinued business. When a business or service
using an identification or advertising sign is discontinued, a11 signs and sign
structures relating to the business or service sha11 be removed by the owner of the
property on which the sign is located within ten days from the date of
14
discontinuance. Failure to comnlv shall r�esult in the case bein� brou�ht before
the code enforcement st�ecial ma�istrate T� �,�', k„�;r°°� �° ° ��.�r'�r„r+
,
+t,�`v'�'r�r������T-6�@�3��,.0� �L,�tt t,,,�,o �t,o � .o,�
(c) Nonconfo�ming signs.
(1) A sign existing within the village upon the date of passage of the
ardinance 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 stiuctural support does
not conform to the 1•equirements of this article, shall hereafter be termed
nonconforming.
(2) All nonconforming signs within the village or within an area annexed to
the village that are not temt�orarv signs, shall be removed oi• made to
conform with the reauirements of this article prior to the expiration of two
� s� after the date of passage of the ordinance from which this
article is derived or after annexation, whichever applies. All
nonconfoimin si ns within the villa e or within an area annexed to the
villa�e that are temborarv si�ns, shall be removed or made to conform
with the reauirements of this ai•ticle within 45 davs after the date of
passa�e of the ordinance from which this article is derived or after
annexation, whichever abblies.
(3) The period of time for removal ot• confoimance 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 aimexed. 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) Confo�ming and nonconfoy�fning signs prohibited on same lot. No conforming
sign or sign str�ucture shall be erected on the same plot with an existing
nonconforming sign until the nonconforming sign has been removed or made to
confoim with the requirements of this article Ear�€e�g•
Sec. 78-745. Prohibitions in all zoning districts e��eger-�es.
(a) 13linking or� r•eflective illuminated signs. No blinking, flashing, intermittent,
animated or reflective type signs illumination shall be permitted. Rather, si�n
illumination e-aE�� must be constant in intensity e' with a soft
and muted effect.
(b) Signs extending above roof hezght. No sign shall extend above the i•oof 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-�rs attached to or placed on a vehicle (including
trailers) that is not bein� re�ularlv used in the conduct of the business bein�
advertised �° �••'�°a � ��'�'�^ ^ �°+° „ r°��� shall be prohibited. A vehicle
15
shall not be considered "re�ularlv used in the conduct of the business" if the
vehicle is used nrimarilv (i) for advertisin� or (iil for the nuraose of advertisin�
This provision is not to be construed as prohibiting the identification of a firm or
its principal products on a �-��� vehicle or truck with no more than three-
Quarters ton rated cabacitv, which is currentiv licensed. insured and onerable,
operating during the normal hours of business, and which is not narked in anv
parkin� sbace, uarkin� area, or the bortion of a narkin� lot located adiacent to anv
ri�ht-of-wav; provided, however, that no such vehicle shall be parked on public or
private property with signs attached or placed on such vehicle primarily for the
purpose of advertising a business or firm or calling attention to the location of a
business or firm. All such vehicles shall be narked so thev are not visible from
an street or ri ht-of-wa after n oi•mal hours of business. All such vehicles shall
also comblv with the barkin� reQulations at cha�ter 46, article III divisions 2.
�� Reserve�l n.,�;.;.,r� � n,.�;,:,.,,� � v„�„�oa .,� ��i,,.,,�.
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(g) Signs on windows or• door�s. 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 oi• dool area�
(h) Outdoor� mer•chandising displays. No outdoor merchandising displays. outdoor
lacement of samnle �oods or merchandisin� material e€ banners, feather or
flutter fla�s, or outdoor nortable si�ns or advet displavs ^*'�°�• �°r�'�^r�'���r^
�1 shall be permitted foi• san boards which are vermitted
pursuant to 78-7�2(n), si�ns that are apnroved in coniunction with a special event
nermit, or si�ns that are at�nroved bv the villa�e mana�er for un to 45 davs in
coniunction with � �• *°m � ° �' � r;+�� � �;a° ° °„+� �r new business
openings, ���e� �^-�=�:�����:���ke�i��g�-�� 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. Nothin� in this bai shall be
construed to prolubit the blacement of decorations or accessories alon�a
storefi•ont or othei• adiacent area for the buroose of aesthetics and ant�earance, so
lon� as such aieces do not interfere with sidewalk access bv pedestrians or violate
building code accessibilitv reauirements.
(i) Reserved payking 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 fi�om this article;
(j) Off-pr•emises or billboayd signs. No off-premises or billboard signs shall be
permitted except as set forth at subsection 78-740(a)�
(k) Signs placed on public pr•operty. No signs placed, attached, posted, or located, on
or to any tree, utility pole, sh•eet 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 anifnated signs. No signs in motion, including swinging, rotating or
revolving signs, or si�ns containin� video tvpe ima�erv shall be peimitted;
(m) Official signs. No signs which copy or imitate official signs or which purpor�t to
have official status shall be permitted;
(n) Signs with illegal messc�ges. No signs which display any obscene or illegal written
or graphic message shall be permitted;
(o) Signs interfering with buildings. No signs which obstruct oi• interfere with any
door, fire exit, stairway, ladder or opening intended to pi•ovide light, air, ingrass or
egress for any building shall be permitted;
(p) Signs creating trczffic scz, fety or• fire haza�ds. 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", oi• any other word or phrase, symbol or character in such
a manner as to interfere with, mislead oi confuse traffic shall be permitted; '
17
(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 peimitted, unless
approved in conjunction 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 be bermitted.
Sec. 78-746. Decorative integrated signs and architectural li�htin�.
The use of u;,�� ^r �•�°"� ^� ����'a�r�-� ����*� raised lettering or designs in or on the
walls of a buildin� and which are integrated into the total decor of the buildin and tlie
use of architectu�•al li�htir� may be allowed in con'unction with the site nlan abnroval or
modification process '' +•� *^ *�° r�� �a �^ ra �„* ��
ui✓vii uNYiivizzi �
�,>:11 l,o ,�+v.a .,1< ; F+b,o .ao ,�1,., ,�4 +�. +l,o
„� , o
Sec. 78-747. Fla�s and fla�noles .
One fla�nole net• sin�le nropertv shall be nerinitted. Fla�aoles shall not exceed 25
feet in hei�ht. One (1) fla� ner bole shall be nermitted. 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 fla�boles 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 village council mav
abnrove additional fla�noles ua to a maximum of three on anv sin�le nrobertv,
commensurate with the size of the nronertv upon which the fla�poles are to be erected.
The villa�e council mav abbrove inci�eases in fla�pole or fla� size, commensurate with
the size of the nropertv upon which the fla�pole is to be erected. ^" �;rt ��
d QD � L,o „ ,�aoa F,,.,-, r;,,-.o +., +;,,-,o
� �' � •
Sec. 78-748. Temnorarv si�ns .
(a) Temnorarv si�ns are those si�ns that are not intended or not constructed for
er7nanent nlacement nursuant to the technical reauirements of this article, as well
as the villa�e's buildin� and other technical codes. includin� electrical codes.
Temuorarv si�ns are exemt�t from the neimittin� nrocess reauired of bermanent
si�ns nursuant to this article; however, temporarv si�ns shall complv with the
reauirements of this section and those other sections referenced herein.
Temporaz•v si�ns allowed in the villa�e are those that advertise the sale, lease or
rental of the lot or the imbrovements thereon, or that advertise a nermitted �ara�e
sale, oi• that advertise an onen house, all as more particularlv described in Sec. 78-
740(bl(11; si�ns otherwise bermitted as nart of a st�ecial event; temporarv
commercial si�ns as more articularlv described in Sec. 78-742(k� and (ml;
oliticaL r•eli�ious or nersonal (free-sneechl si�ns: and holidav disblavs. Outdoor
merchandisin� displavs shall comnlv with the reauirements of Sec. 78-745(hl. �
Political, reli�ious and personal (free-sbeechl temborarv si�ns shall be bermitted
with an exnosed area of not more than six sauare feet. Such si�ns that refer to a
particular election, event or other sbecific matter shall be removed within seven
18
davs after said election, event or other snecific matter. Holidav disnlavs shall
likewise be removed within seven davs from the conclusion of the holidav. No
temborarv si�n shall be placed in anv nublic ri�ht-of-wav or on anv bublic
robertv. No temporarv si�n shall be t�laced in a location, as determined bv the
villaee mana�er or his desi�nee, in such a manner as to constitute a safetv hazard
or hindrance to bedestrian or vehicular traffic.
(b) Notwithstandin� the fore�oin�, the villa�e mana�er mav authorize the blacement
within a ri�ht-of-wav of temporarv si�ns identifvin� bv name oben businesses
adiacent to on�oin� road construction. Anv such si�n shall comblv with FDOT or
othei• abblicable standa��ds re�ardin� letterin�, size, material and placement.
(c) The failure to remove a temnorarv si�n �aursuant to the nrovisions of this section
shall subiect the propertv ownez• upon whose nroperty the si�n is located to code
enforcement proceedin�s �ursuant to at•ticle IV of chapter 2. Each day that a
tem orarv si�n remains in violation of this section shall be deemed to be a
separate offense.
Sec. 78-749. Bond and liabilitv insurance for si�n contractors .
All si�n contractors shall pi evidence to the villa�e that thev cai7•v insurance
and suretv bonds in the amounts and tvpes as r•eauired for licensin� and certification in
accordance with F.S. ch. 489. as mav be amended from time to time. ^" ����� �'��" '�°
> >
t�, o ,.�.
Secs. 78-750 �1-78-770. Reserved.
Section 2: Each and every other section and subsection of Chapter 78. Zoning. shall
remain in full force and effect as previously enacted.
�ection 3: All Vrc'tinances or pai�ts of (Jrdinances in contlict 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