HomeMy WebLinkAboutOrdinance_171_05/19/1970s
ORDINANCE NO . ~- f 7-
AN ORDINANCE OF THE VILLAGE OF TEQUESTA,
FLORIDA, RELATING TO Ti;E SIZE, ERECTION,
CONSTRUCTION, REPAIR, ALTERATION, LOCATION
AND MAINTENANCE OF SIGNS, BILLBOARDS,
MARQUEES, CANOPIES AND AWNINGS, WITHIN THE
CORPORATE LIMITS OF THE VILLAGE; PROVIDING
FOR THE ISSUANCE OF PERi~'IITS AND THE PAY-
MENTS THEREFOR; PROVIDING FOR THE REVOCATION
OF PERMITS; CANCELLING ORDINANCE NO. 77; AND
PROVIDING PENALTIES FOR THE VIOLATION HEREOF.
WHEREAS, for the past few years, the Village Council of the
Village of Tequesta, Florida, has found that the terms and pro-
visions of Ordinance No. 77, commonly referred to as the "Sign
Ordinance", were difficult to interpret and enforce, and from
time to time had received criticism of the general public; and
WHEREAS, the Village Council, in an effort to resolve the
many questions regarding signs, did establish a "Sign Committee"
composed of concerned and dedicated residents of the Village; and
WHEREAS, it was the purpose of said Committee to establish
guidelines or criteria relating to signs, billboards, marquees,
canopies and awnings within the corporate limits of Tequesta,
Florida, so that they would be compatible in design with the
associated building or space and in such size, style and shape,
make-up, quality, quantity and general character as to be pleasing
to the eye, in good taste, and harmonious with the surrounding area,
and to be safe and secure; and
WHEREAS, after the consumption of much praiseworthy time and
effort by the members of the "Sign Committee", the holding of many
discussions, both formal and informal, among the residents of the
Village and members of the Village Council, the Village Council does
deem it to the best interests of the Village of Tequesta, Florida,
that Ordinance No. 77 be repealed and a new "Sign Ordinance" be
adopted;
NOW, THEREFORE, BE IT ORDAINED BY ^1 HE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, AS FOLLOWS:
Section 1. Short Title. This Ordinance shall hereafter be
known and cited as the "Sign Ordinance".
Section 2.
context otherwise indicate:
Definitions. As used in this Ordinance unless the
(a) The term "Sign" shall mean and include every sign, bill-
board, ground sign, wall sign, roof sign, illuminated sign, pro-
jecting sign, temporary sign, marquee, awning, canopy, and street
clock, and shall include any announcement, declaration, demon-
stration, display illustration or insignia used to advertise or
promote the interests of any person when the same is placed in view
of the general public.
/(b) "Illuminated Sign" shall mean any sign which has
characters, letters, figures, designs or outline illuminated by
electric lights, or from a remote position.
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(c) "Facing" or "Surface" shall mean the surface of the sign
upo~i, against, or .through which the message is displayed or
illustrated on the sign.
~/ (d) ~ "Incombustible Material" shall mean any material which
will not ignite at or below a temperature of 1200° Fahrenheit and
will not continue to burn or glow at that temperature.
(e) "Person" shall mean and include any person, firm, part-
nership, association, corporation, company or organization of any '
kind.
/(f) "Structural Trim"'shall mean the molding,. battens,
cappings, nailing strips, latticing, 'and platforms which are attached
to the sign structure.
(g) "Erect" shall mean to build,~construct, attach, hang, place,
suspend, or affix, and shall also include the painting of wall signs.
/ (h) "Shopping plaza or shopping center" shall mean a group of
retail stores, service establishments or businesses whose function is
to serve a community or neighborhood, not necessarily owned by one
person nor by a single land ownership, which are adjacent to and
utilizing a common parking area or common parking areas.
Section 3. No signs shall be permitted in the Village of
Tequesta, Florida, except those specifically allowed by this Ordinance.
Section 4. Permits Required. It shall be unlawful for anp
person to erect, repair, alter, relocate or maintain within the
Village of Tequesta, Florida, any sign or other advertising struct-
ure as defined in this Ordinance, without first obtaining a permit
from the Village Manager and making payment of the fee required by
Sections 6 and 7 hereof. In addition, all signs shall be subject
to the provisions of the Building`and Electrical Codes and the permit
fees required thereunder.
Section 5. Application for Erection Permit. Application for
erection permits shall be made upon blanks provided by the Village
Manager and shall contain or have attached thereto the following
information:
~. (a) Name, address and telephone number, if any, of the
applicant.
(b) Location of building, structure, or lot to which or upon
which the sign is to be attached or erected and position of sign
thereon or thereto.
(c) Two blueprints or ink drawings of the plans or specifi-
cations for the construction and,, attachment of the sign, showing
stress sheets and calculations for dead load and wind pressure as
hereinafter required.
(d) Name of person erecting structure.
(e) Written consent of the owner of the building, structure
or land to which or on which the structure is to be erected.
(f). Any building or electrical permit required and issued or
said sign; provided, however, it shall be permissible to have tho
applicant delay the acquirement of a building or electrical r~er;r,it
until after the applicant has received conditional approval of all
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other aspects of his application.
(g) Such other information as the Village shall require to
show full compliance with this and all other laws and ordinances of
the Village.
(h) Interpretation of applications for permits; In all
applications for permits where a matter of interpretation arises,
the most rigid definition shall prevail, i
Section 6. Permit Issued If Application In Order.
(a) It shall be the duty of the Village Manager, upon the
filing of an application for an erection permit, to examine the
plans and specifications and other data and the premises upon which
it is proposed to erect the sign or other advertising structure,
and if it shall appear that the proposed sign or structure is in
compliance with all the requirements of this ordinance and all other
laws and ordinances of the Village of Tequesta, Florida, issue the
erection permit.
(b) No sign requiring Council approval, shall be permitted
by the Village Manager until the plan for same has been submitted
to the Sign Committee; and, in turn, approved by Council. Plans for
signs not falling within the limits specified in this ordinance and
requiring special consideration shall be submitted to the Council by
the Sign Committee with recommendations for or against approval.
(c) If the work authorized under an erection permit has not
been completed within six (6) months after date of issuance, the
said permit shall. become null and void.
(d) The issuance of a permit upon plans and specifications
shall not prevent the Village Manager from thereafter requiring the
correction of errors in said plans and specifications or preventing
the erection of any sign thereunder when in violation of this
ordinance.
Section 7. Permit Fees. Every applicant, before being
granted a permit hereunder, shall pay to the Village Clerk the
following permit fee for each such sign or other ,advertising
structure regulated by this ordinance:
For illuminated sign the sum of $10.00
For all other signs the sum of $5.00
Section 8. Painting of signs is required every two years, fror<i
the date of the issuance of the permit, or more often if deemed ad-
visable by the Sign Committee. 'I`he owner of any sign as defined and
regulated by this ordinance shall be required to have properly
painted at-least once every two years all parts and supports of the
said sign, unless the same are galvanized or otherwise treated to
prevent corrosion, This section of the"Sign Ordinance" shall be in-
terpreted and inforced in accdrdance and in a contemplation of the
provisions of Section 13 (a) hereof.
Section 9. Wind Pressure and Dead Load Requll'C111CntS. :111
signs and other advertising structures shall be designed and erected
to withstand a wind velocity of 150 miles per hour and shall be co:z-
structed to receive dead loads as required in the Building Coda or
other ordinances of the Village of Tequesta, Florida.
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Section
maximum size
shall be as
10. Type
of signs
follows:
and Size of Signs. The restrictions and
in areas of the Village of Tequesta, Florida,
(a) Signs shall advertise only the structure or business or
land parcel upon which they are erected or affixed.
(b) Signs in zoned residence districts R-1 and R-lA:
In residence districts R-1 and R-lA, no more than one sign ,
per lot shall be permitted with an exposed area of not more than
four (4) square feet, and advertising only the sale, lease or
rental of said lot and/or the improvements .thereon.
(c) Users of R-1 and R-lA property having been granted con-
diticnal use of the property, as defined in Ordinance No. 43 of
the Village being the "Zoning Ordinance", by the Village shall be
limited to one identification sign inscribed upon or attached to the
building; not to exceed eight (8) square feet in size and one sign
separate from said building not to exceed eight (8) square feet in
size. Parcels without buildings will be allowed two (2) identifi-
cation and/or control signs not to exceed four (4) square feet in
size.
(d) Signs in zoned residence districts R-2 and R-3:
(1) In residence districts R-2 rind R-3, one sign shall be
allowed attached to the building or structure thereon, if any, pro-
vided that no signs in any case shall be larger than twenty (20)•
square feet.
(2) Identification signs at entrances to driveways
and/or parking lots not to exceed two (2) square feet in size.
(e) Signs in zoned commercial districts C-1 and C-2:
(1) In shopping plazas, the size and design of signs for
individual establishments shall be permitted at the discretion of
Council. Uniformity of signs shall be carried out insofar as is
possible. Standard trademark signs may be permitted provided they
meet requirements of the Building and Electrical Codes.
(2) In shopping plazas, the plaza will be allowed one
free standing sign whose size and design shall be permitted at tine
discretion of the Council which shall consider proportion and design
with respect to the total plaza design. Individual free standing
signs shall not be allowed the individual establishments in a
shopping plaza. ;,''"' ~ ?~I?':lR'0'; ;('. 1~3
(3) Fixed ceiling mounted signs on shopping plaza
walkways will be allowed provided they are at right angle to the
building and do not exceed five (5) square feet in size and do ;.ot
exceed one per establishment.
(4) In commercial districts C-1 and C-2, lying west of
the right-of-way of the Florida East Coast Railway, not in a shop-
ping plaza, one sign per establishment shall be allowed attaci,.ed
to the building or structure, provided that no signs in any case
shall be larger than fifty (50) square feet.
(5) In buildings where establishments use a co~:unon
doorway or doorways or do not have individual door openin~~-s and
frontage to the street or parking areas, the bullding owner or
operator will submit to the Village Manager, who will submit to the
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Sign Committee and the latter to the Council for approval, one of
the following alternatives: 1) A composit sign for all tenants
not to exceed fifty (50) square feet. 2) A design for display of
individual signs not to exceed three (3) square feet each and not
more than fifty (50) square feet in aggregate.
(6) In commercial districts C-1 and C-2 lying east of
the right-of-way of the Florida East Coast Railway, there shall be
permitted one sign per establishment on the building or structure
not to exceed one hundred (100) square feet and for establishments
not in a plaza, one sign per building apart from the building or
structure not to exceed one hundred (100) square feet,. nor exceed
forty (40) feet in height.
(7) In commercial districts Cl and C2, corner struct-
ures of buildings with direct exposures to two public streets or
to a plaza and a street, shall be allowed a sign on each side of
said building.
Section 11. Signs Exempted. The provisions and regulations
of subsections 4, 5, 6 and 7 of this ordinance shall not apply to
the following signs:
(a) Real Estate signs-not exceeding four (4) square
feet in area which advertise the sale, rental or lease of the
premises upon which said signs are located only. One sign only is
permitted per parcel.
(b) Professional name plates.
(c) Signs on residential property designating the owner's
name or name of home not to exceed one (1) square foot in size.
(d) Control signs such as those designating exits,
entrance or no trespassing are not to exceed two (2) square feet in
size; provided, however, signs of a larger size, which clearly serve
the public interest and safety, may be permitted upon application
to and approval by the "Sign Committee".
(e) Signs denoting the architect, engineer or contractor
when placed upon work under construction, and not exceeding sixteen
(16) ,square feet in area; provided, however, said signs must be
removed within thirty (30) days after the completion of the construction.
(f) Occupational signs on or near a main entrance denoting
only the name and profession of an occupant in a commercial building
or public institutional building and not exceeding six (6) square
feet in area.
(g) Memorial signs or tablets, names of buildings and date
of erection when cut into any masonry surface or when constructed of
bronze or other incombustible materials.
(h) Lettering on windows not to exceed three (3) inches
in height per letter, indicating occupant of office and nature of
business.
(i) Signs that may be required by any agency of the
State or Federal Government..
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(j) Traffic or other municipal signs. legal notices,
railroad crossing signs, danger and such temporary, emergency or
non-advertising signs as may be approved by the Village Council.
(k) Safety or caution signs such as "No Smoking" signs near
flammable materials.
(1) Paper or other temporary signs may be affixed or other-
wise attached to or displayed within glass display windows of
commercial establishments or stores in commercial districts C-1 and
C-2, without the requirement of a permit being obtained therefor;
provided however, that not more than one such sign shall be per-
mitted within or upon any such window display, and further, that
any such sign shall not exceed 500 square inches in size. The fore-
going shall not prohibit the use of tags or placards, w~~en such are
directly adjacent to or attached to merchandise displayed for sale;
provided, however, that the size and number of such signs are
esthetically in keeping with the display window or building.
Section 12.
Temporary Subdivision and Development Signs:
(a) Signs promoting the development of subdivisio:.s shall be
permitted only upon application. to the Council and suc.~. ~~er:ftits,
if granted, may be for a period of six months only. Applications
for renewal must be made again to the Council.
(b) Fences or walls with lettering or informative designs
upon them are considered signs and shall be allowed only at entrances
of developments at the discretion of the Council which shall ,consider
the proportion and design with respect to the surrounding area.
Section 13.
Removal of Unsafe or Un~awful Sigr.s:
(a) When, upon inspection by the Sign Co;:;;ittee, any sign be
found unsafe or insecure, not properly constructed, or erected with-
out a permit, according to the requirements of t.~is ordinance, the
owner shall be required to make it safe and secure ar,d of proper
construction, or remove it, within forty-eight (48) hours from the
time of notification in writing to this effect from the Village
Manager; provided, however, this time shall be extended to thirty(30)
days, when pai:~ting only is required.
(b) Tn~hen a business or service using ar, identification or
advertising sign is discontinued, all signs and sign structures
relating to this business or service shall be removed by owner of
the property on which the sign is located within ten (lv) days from
the date of discontinuance. If such business or service is bank-
rupt, the Village, after proper notice, shall have the sign removed.
(c) Non-Conforming Signs:
(1) A sign existing within the Village limits on the
effective date of this ordinance or a sign existing in an area
annexed to the Village after the effective date of this ordinance,
which, by its height, square foot area, location, design, use or
structural support does not conform to the requirements of tl-:is
ordinance shall hereafter be termed non-conforming,
(2) All non-conforming signs within the Village limits
shall be removed at the expiration of one hundred twenty (120) davs
after the effective date of the ordinance, except oversized elec-~
trical signs in use and located on the premises of the business ',.
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advertised shall be allowed to remain provided they are structurally
sound and meet the requirements of the Building and Electrical Codes
and made to conform with Sections 14-A and 14-C of this. ordinance.
Such electrical signs shall be removed no later than five (5) years
from the effective date of this ordinance, unless because of the
location of adjoining buildings they become a hazard or an obstruct-
ion or it becomes necessary to replace or rebuild to the extent of
fifty per cent (50/) of the original cost of said sign, in which case
they shall be discontinued immediately. Proof of sign cost, original
and replacement or rebuilding, must be supplied by ,the owner.
(3) All non-conforming signs within an area annexed
to the Village shall be removed at the expiration of one hundred
twenty (120) days after annexation, except that oversized electrical
signs in use and located on the premises of the business advertised
.shall be allowed to remain provided they are structurally sound and
meet the other requirements of the Building and Electrical Codes and
made to conform with Sections 14-A and 14-C of this ordinance. Such
electrical signs shall be removed no later than five (5) years from
the effective date of annexation, unless because of the location of
adjoining buildings, they become a hazard or an obstruction, or it
becomes necessary to replace or rebuild to the extent of fifty per
cent (50%) of the original cost of said sign, in which case it shall
be discontinued immediately. Proof of sign cost, original and re-
placement or rebuilding, must be supplied by the owner.
(4) The period of time for removal shall begin upon
the effective date of this ordinance for signs within the Village
limits and upon the effective date of annexation for signs within the
area being annexed.. The Village Manager shall mail notice of exist-
ence of non-conforming sign to the owner or to any other person in
control of the premises on which said non-conforming sign exists.
(d) Conforming, Non-Conforming Signs Prohibited on Same Lot:
No conforming sign or sign structure shall be erected on
the same plot with an existing non-conforming sign until the non-
conforming sign has been removed or made conforming.
Section 14.
Prohibitions in All Zoning Categories:
(a) No blinking, flashing, intermittent or reflective type
signs shall be permitted. Each light must be constant in intensity
of illumination.
(b) No sign shall extend above the roof `height, unless backed
by a parapet extending the entire length of the building and witi,. the
same or greater height than the sign:
(c) No neon tubing or other lineal use of lighting in outlining
either the sign or the building or structure shall be permitted.
(d) No painted wall signs shall be permitted. Lettering or.
walls must be of raised design.
(e) Signs on vehicles prohibited: Signs attached to or placed
on a vehicle (including trailers) that are par7tied on public or
private property shall be prohibited. This provision is not to be
construed as prohibiting the identification of a fir;;; or its ~rin-
cir~al products on a vehicle operating during the nor,nal 7,.~urs of
business, provided, 7zowever, that no such vehicle shall be p r7: e.:
on public or private property with signs attached or placed on such
ve7~icle primarily for the purpos~~~~f advertisi.nq a business er firm
or calling aL~~.ztion to the loca~~~n of a bt:.,::..:~;ss or ~"irr.;.
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(f) No political campaign signs are permitted.
(g) Signs on Show Windows Display Windows, or Door or
Other Windows:
Permanent signs shall be permitted to be erected or painted
upon any window or door as provided for elsewhere in this ordinance,
as shall be approved by the Council. Any such sign permitted shall
be part of the overall sign area permitted and, shall not exceed
30% of the window or door area.
(h) No outdoor merchandising display of banners or other
merchandising material shall be permitted except for special community
wide events and then only by special permission of the Council.
Section 15. Decorative Signs. Tr.e use of a face or wall of
buildings with raised lettering or designs which are integrated into
the total decor of the building may be allowed upon application to
the Sign Committee but will be granted only if the design, in the Sign
Committee's judgment, is an enhancement to the area.
Section 16. Sign Committee. There is hereby created a "Sign
Committee" for the purpose of serving the Village Council in the per-
formance of the duties and responsibilities prescribed hereinabove,
under the following terms and conditions.
(a) The Sign Committee shall be composed of three persons, whose
qualifications shall be the same as electors in the Village.
(b) The first members of the Committee shall pe selected by the
Village Council in office at the time that this ordinance shall be-
come effective until the next annual reorganizational meeting of the
Village after the election of new members of the Council.
(c) At the next annual organizational meeting, t~r.e new Council
shall appoint a new committee of three mem~pers one of whom shall be
appointed to serve three years, one of whom shall be appointed to
serve two years and one of whom shall be appointed to serve one year.
Thereafter, at each annual reorganizational meeting, the new Council
will appoint a member to replace the one whose term has expired.
(d) Members of the Sign Committee who have died or -resigned or
otherwise become disqualified shall be replaced by the Village Council
to serve the unexpired term of such member.
(e) The Committee shall select a Chairman who shall preside at
all meetings and who shall maintain close contact with the Village
Manager. The Committee shall meet at the request of the Village
Manager at such dates and such time as mutually agreed upon to review
and consider matters referred to them by this ordinance or the Village
Manager; provided, however, such meetings must be held within. 10 days
of notice from the Village Manager. In the event no such meeting is
held, the Village Manager shall present the matter to the next regular
meeting of the Village Council for action.
(f) Two members of the Committee shall constitute a quorum.
Section 17. All persons convicted of a violation of this
Ordinance shall be punished in accordance with Section 10 of Ordinance
No, 1.
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Section 18. All ordinances, or parts thereof, in conflict
herewith, are hereby repealed, including, but not limiting the
generality hereof, Ordinance No. 77.
Section 19. This ordinance shall take effect upon its
passage and approval, according to law.
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PASSED AND ADOPTED ON~,~~-3o READING this ~ day of ,
_~~ A.D. 1970.
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APPROVED:
Mayor
ATTEST
t
Cl
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