HomeMy WebLinkAboutDocumentation_Workshop_Tab 02_10/07/2013 ORDINANCE NO. 3413
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING CHAPTER 78. ZOlYING. ART. XI.
SIGNS. BY UPDATING INTENT AND PURPOSE EXPLANATIONS,
PROVIDING TIME LIMITS ON THE PERMITTING PROCESS;
CLARIFYING SIGN MAINTENANCE REQUIREMENTS, UPDATING
TEMP'ORARY 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. . ZO1vING. SHALL REMAIN IN FULL FORCE AND
EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS
CLAUSE, A SEVERABILTTY 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 beiieves 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 UF 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 pernutting process; clarifying sign maintenance requirements, updating tempor�y
sign regulations and prohibited sign regulations, creating new flagpole regulations and providing
for general internal consistency; providing that Art. XI. Signs, shall bereafter read as follows:
ARTICLE XI. SIGNS
__ _ _ _ _ _ _ _ _
5ec. 78-731. Intent and nurnose.
Sec. 78-732. Prohibited si ns generallx,
Sec. 78-733. Permit required; applicability of buildin�and electrical codes.
Sec. 78-734. Application for uernut.
Sec. 78-735. Issuance of permit; expiration of pernu�
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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; ma�cimum size and number of si�
Sec. 78-741. Technical requirements.
Sec. 78-742. Exemptions.
Sec. 78-743. Subdivision and development si�ns.
Sec. 78-744. Unsafe, unlawful or nonconforming si�ns.
Sec. 78-745. Prohibitions in all zonin�districts ea�e�,e�es.
Sec. 78-746. Decorative inteerated si� d architectural lishtin�.
Sec. 78-747. Fla�s and fla�noles
Sec. 78-748. Temnorarv siQns
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 e� intent nd numose of this article to promote and protect the public
health, safety and general welfare bv re�ulatin� and limiting the existin� and
vronosed nosting, disnlav, erection. use and maintenance of signs and other forms
of advertising structures within the village.
(b) Snecificallv. the re�ulations contained in this article are intended to nrotect and
preserve the aesthetics of the village. nrotect nronertv values. create a more
attractive economic and business climate, enhance and nrotect the nhvsical
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annearance of the communitv, nreserve the scenic and natural beautv of the
village nrovide more onen snace and nrovide a more eniov and nleasine
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�ti�-t�e-v�age.
(c) The re�;ulations contained in this article are �-�s further intended to �e�ee�
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cem-� n'��, ;+ �+��a°a '�.. +'�:� �'�•,;°;^^ �° improve vehicular and
pedestrian safety, , curb the deterioration of natural
beauty and the community environment, and reduce visual pollution.
(d) Substitution of noncommercial speech for commercial sneech. Notwithstandin�
anvthing contained in this article to the contrarv. anv si�n or advertising structure
erected nursuant to the nrovisions of this article m av at the ovtion of the owner
contain either a non-commercial message unrelated to the business located on the
nremises where the si�n is erected or a commercial messase. The non-commercial
messa�e mav occunv the entire si�n face or anv nortion 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 nrovided that the size and desi�n criteria contained in this article have been
satisfied.
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(e) ontent neutralitv as to sigra message (viewnoint). Notwithstandin� anvthing
contained in this article to the contrarv. no si�n or advertisin� struct sha11 be
s iect to anv limitation based unon the content (viewnointl of the message
ontained on such sign 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 sha11 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 nlannin�
zonin� advisorv boazd. the communitv develonment denartment and/or the building
official as ann�icable. and making payment of a fee as set bv resolution of the village
council and on file in the villa�e clerk's office as nrovided at Sec. 78-736 ���
�e. 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
echnical codes. includine electrical codes.
Sec. 78-734. Applic�tion 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 sha11 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, showin� stress sheets and calculations for dead load and wind
pressure as required in this article.
(4) Name of person erecting the structure.
(Sj 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 appraval of all other aspects of his application.
(7) Such other information as the village sha11 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 interoretation �i�g;�e€��ie� sha11 prevail.
(c) In addition to the requirements set forth in subsection (a) of this section, a11
proposed signage which is part of an applications for site plan review sha.11 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 sha11 be
permitted until the plans for the sign ha.ve been submitted to the planning and
zoning advisory board and in turn approved by the village council.
(d) addition to the reauirements set forth in subsection (a) of tlzis section. a11
annlications for nronosed free standin� si�na.�e which is not otherwise nart of a
ite nlan review shall be submitted to the nlannin� and zoning advisorv board for
review and annroval as established at Sec. 22-53(bl. No si�n reaui nlannine
d zonin� advisorv board annroval sha11 be nermitted ur�til the nlans for the si�n
h ve been submitted to and aunroved bv the nlannin� and zonin� advisorv board.
Sec. 78-735. Issuance of permit; egpiration of permit.
(a) ', JL pon the filing of an application for
a sign permit, �he buildin� official shall, without unreasonable or unnecessarv
delav. but in no case lon�er than 30 da,vs. �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 f�muliance with �uildine codes electrical codes
and other annlicable technical codes. The aunlicant sha11 be notified immediatelv
bX the building official of anv deficiencies and the annlicant shall correct same
rior to the issuance of anv nermit. The building official's failure to make a
comnliance determination within 30 davs shall be deem�d to be a determination
of comnliance. Additionallv. the communitv develonment director or desi�nee
sha11. wit�out unreasonable or unnecessarv delav. but in no case lon�er than 30
davs. examine the annlication for comnliance wi the villa�e's zonin
atior�s. The anbtica.nt shall be notified immediatelv bv the communitv
develonment director of anv deficiencies in the annlication and the annlicant shall
orrect same �rior to further nrocessin� of the annlication. The communitv
evelonment director's failure to make a comnliance eternsination within 30
vs shall be deemed to be a determination of comnliance. U�on dete_rminin� tha
e anAlication com�lies with the reauirements of this article. the coxnmunitv
develonment director shall urocess the aAnlication for n lanninE and zonin
visorv boazd and/or village council review and ant�roval. as apnlicable, on the
next available agendas. � 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 annlicable buildin� and other technical codes includin�
electrical codes and, where required, thg planning and
zoning advisory board or the villa�e council. as annlicable,� � approved s i
ign or advertisin� structure. ', the bui•lding official shall
ediatelv thereafter issue the permit.
�) �
. A permit issued shall
be construed to be a license to proceed with the work and shall not be construed
as authority to violate, cancel, alter, or set aside any of the provisions of this code
9r anv annlicable building or other technical codes includin� electrical codes or
any other regulations of the village, nor sha11 such issuance of a pernut 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 pernut issued shall become invalid unless the work authorized by it sha11
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�riod of s� months lapses between
required scheduled inspections. A permit xnay be revalidated for a period of 90
da.ys when just cause is given and upon the payment of an additional fee of SO
percent of the origina.l fee. No refunds of pernut fees shall be allowed.
(c) Provided the application complies with this article and other applicable
regulations, the building official shall issue a pezmit for each such sign or
advertising struciure, 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, Q advertising structure
authorized by the permit, as well as anv electrical work and other technical
work authorized bv the oermit
(2) The legal description of the property upon which the sign �r advertising
structure is permitted to be located and �
name of the owner or lessee of such property.
(3) The Iocation upon the property where the sign, or advertising siructure e�
is permitted.
(4) The name of the person constructin,� or erecting the sign or advertisin�
s c .
(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 viilage 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. ]�aintenanee �.
Maintenance �g of signs and advertisin� s#ructures is required. .All si�ns
d advertisins structures shall be maintained at all times in a condition which is safe and
which an�ears as ori�inallv nermitted and/or constructed. erected or xnstalled. Si�ns that
ar nainted sha11. at a minimum, be re-nainted every two years from the date of the
issuance of the permit, or more often if reauired to comnlv with the maintenance
reauirements of this section .
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maintenance violations sha11 be enforced throu�h the code enfarcement snecial ma�istrate
rn ocess•
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5ec. 78-738. Wind pressure and dead load requirements.
All free standin� signs and other advertising structures shall be designed and
erected to withstand a wind velocity of 150 miies per hour and shall be constxucted to
receive dead loads as required in the building code or other provisions of this Code.
Sec. 7&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 yazd and comer side
yard property line when the lot or pazcel 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 az�d maximum size of the signs in areas of the village shall be as
follows:
(a) Off=premises signs_ Signs sha11 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 Qr �ara.�e sale directional
signs and temporary development signs on remote parcels per subsections
78-740(b)(1) and 743(a). Political. rel�eious or nersonal (free-sneechl
�i and holidav disnlavs which contain a non-commercial messas�
ha11 not be deemed to be off-nremises si�ns.
(b) Residential and recreational districts. Signs in residential districts as�e��
as the residential portions of m�ed use districts, and the R/OP district
shall be subject to the following:
(1) In residential districts R-1 A, R-1, R-2, R-3 a� in residential azeas
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 sa1e,
lease or rental of the lot or the impmvements thereon�r
advertis' � a nernutted eara e s . No off-� s�e signs
shall be permitted; except, however, one open house directional
sig;n. or one gara�e sale directio siQn. 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 'dentification sign shall be
allowed attached to the building or structure theteon, if any,
provided that no signs in any case shall be larger than 20 square
feet.
(3) Identification signs at entrances to driveways and/or parking lots
not to exceed two square feet in size shall be allowed.
(4) Signs in any residential district which advertise the sa.le, rental, or
lease of real estate shall be removed no later than three days
subsequent to the sale, rental, or lease. Sa1e, rental, or lease sha11
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be deemed to be the da.te upon which a contract for such sale,
rental or lease is fully executed. Such sign sha11 b� exempt from
any village permitting requirements. ara�e sale signs shall be
emoved immediatelv unon the conclusion of the nermitted �araee
s e.
(5) Excent as nrovided in subsection �11 above. signs in any R/OP
district shall be allowed only after annroval � 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
cha.pter� as an�licable.
(6) Places of assembly located in residential districts or the R/OP
d's 'ct 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 maximwn
height of seven feet above finish grade. The sign shall meet
the setback requirement of section 78-739. Up to 50 percent
of the approved sign may be used as a changeable letter
reader sign. Any such freestanding sign sha11 be allowed
only after atz �v� by the planning and zoning
advisory board oursuant 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 cha.pter, as annlicable.
b. Wall sign: Wall-mounted signs sha11 be allowed, not to exceed 20
square feet in total area, to be constnicted using individual raised
letters and/or a metal plaque type sign.
(c) Commercial districts. Signs in C-1, G2 and C-3 commercial districts, as
well as the commercial areas �e�ieas of � mixed use �"MU"1 develo�ment
� 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 o��ier technical
e�ee�sa� codes ' udin� electrical code . Any freestanding si,gns
sha11 meet the technical requirements of this articIe as well �.s the
apnlicable building and other technical codes including electrical
o s and shall be allowed only after ann��oval �e�ie� by the
planning and zoning advisory board nursua_nt to Sec. 22-53(bl. or
�e� approval by the village council in accordance with the
site plan review process as esta.blished in article IX, division 2 of
this chapter. as annlicable.
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(2) In commercial districts G1, C-2, and C-3, as well as the
commercial portions of mixed use districts not including properties
within shopping centers, all wall signs shall meet the technical
requirements as established by this article and shall be permitted
after approval by the building official.
(3) Fu�ed 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 a11
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 6Q square feet in aggregate.
(5) In commercial districts C-1, G2, 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 sha11 not exceed a dimension of 20 square feet.
Such signs shall be removed no later than three days subsequent to
the sale, rental or lease of the property advertised. Sale, rental or
lease shall be deemed to be the date on which a contract for such
sale, rental or lease is fully executed.
Sec. 78-741. Technical requirements.
T'he following technical requirements shall apply as set forth in this section:
(a) Residential districts. Signs in residential districts zoned R-lA, R-1, R-2,
and R 3; �� residential areas of a MU Zoning Distric and in the R/OP
district shall follow the provisions of section 78-740(b).
(b) Commercaal dfstricts. 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 sha11 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 maa�imum square foot area allowed
and have uniformity with respect to color, style and type of
sign material.
(2) Freestanding signs.
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a. Shopping centers within the C-1 neighborhood cammercial
district, as well as the commercial portions of m�ed use
districts shall be allowed one freestanding sign, �ot to
exceed 60 square feet in area and not to exceed 16 feet in
height from finished grade and having a minimum setback
of ten feet in accordance with section 78-739. Landscaping
and irrigation at the base of any such signage may be
required by the community development director, or may
be zeauired bv the blanning and zonin� advisorv board
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�s
a li a 1 whenever the landscaping and irrigation are
considered desira.ble.
b. Shopping centers within the C-2 community commercial
district and the C-3 general commercial district sha11 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 ulannin� and zoning advisorv board nursuant to Sec.
22-53(b). or mav be recommended by the planning and
zoning advisory board and required by the village council
as part of the site plan review pmcess as established in
article IX, division 2 of this chapter. as anblicable.
whenever the lanclscaping and irrigation are considered
desirable.
c. Shopping centers not utilizing additional freestanding
signage or having approved outpazcels 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
t e nlannine and z onin� 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 esta.blished in
article IX, division 2 of this chapter. as annlicable.
whenever the laadscaping and irrigation are considered
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desira.ble. Shopping centers widun 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 sha11 be permitted in
shopping centers within the C-2 community commercial
district having U.S. Highway 1 fronta.ge 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
ulanning and zonin� advisorv board nursuant to
ec. 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.
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 l OQ square feet
in area provided for in this subsection and not
utilizing any outparcel signage allowed in this
subse.�tion, shall be permitted additional
freestanding signage not to exceed two additional
freestanding signs for each eligible shopping center,
provided that the additional signage sha11 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
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other freestanding sign on the proposed shopping
center site shall be prohibited. Any such additional
freestanding signage shall be of the same style and
colors as the other freestanding signs. Any such
additional freestanding signage shall not exceed 60
square feet in area and shall not exceed 20 feet in
height from fuushed grade and sha11 ha.ve 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
e' d bv the nlannin� and zonin� advisorv boar
nursuant to Sec. 22-53(b�. 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 sha11 be constructed in accordance with a11
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
sha11 be allowed one sign per building apart from
the building not to exceed 60 square feet in area and
not exceeding 16 feet in height from finished grade
and having a minimum setback of ten feet in
accordance with section 78-739. Landscaping and
irrigation at the base of any such signage may be
required by the community development director, or
may be reauired bv the nlannin� and zaning
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 pmcess as esta.blished in article
IX, division 2 of this chapter. as annlicable.
whenever the landscaping and irrigation are
considered desirable. The sign sha11 be located
within the middle one-third of the property fronting
on the public street.
ii. Establishments not in a shopping center, located
within the C-2 community commercial district or
the C-3 general coxnmercial district, sha11 be
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allowed one sign per building apart from the
building not to exceed 60 square feet in area and not
exceeding 20 feet in height from finished grade and
having a minimum setback of ten feet in accordance
with section 78-739. Landscaping and irrigation at
the base of any such signage may be required by the
community development director, or may be
reauired bv the nlannin� and zonin� advisorv board
pursuant to Sec. 22-53fb1, 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 apnlicable. 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, si�ns at nlaces of assemblv
advertisine such �ces' current activities and events 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 �Pee��� ° �a°+�^^ ^� '"°
.,i.,��;,,,. „�a .,a.,;�,..�, �.,,,,,. �e�-e�t�° "'�
.� .,.h �.� 41.o c.;4o «�n nnto�,�
nrt.n�o T� a.<>.c..�.� `� ��4L..n �.l..�r�4or
7 •
Sec. 78-742. Exemptions.
The following signs shall be exempt from the permitting requirements set forth in
this article:
(a) Professional nameplates.
(b) Signs on residential property designating the owner's name or name of
home not to exceed one square foot in size.
(c) Control signs such as those designating exits, entrances or no trespassing,
not to exceed two square feet in size; provided, however, signs of a larger
size, which clearly serve the public interest and safety, may be permitted
upon application to and approval by the building official.
(d) Signs denoting the architect, engineer, contractor or developer when
placed upon work under construction, and not exceeding 16 square feet in
area; provided, however, such signs must be removed within three days
after the issuance of a certificate of occupancy.
(e) Occupational signs on or near to a main entrance denoting only the name
and profession of an occupant in a commercial building or public
institutional building and not exceeding six square feet in area.
12
( fl Memorial signs or tablets, names of buildings and date of erection when
cut into any masonry surface or when constructed of bronze and other
incombustible materials.
(g) Lettering on windows not to exceed three inches in height per letter,
indicating the occupant of the office and the nature of business.
(h) Signs that may be required by any agency of the state or federal
government.
(i) Traffic or other municipal signs, legal notices, railroad crossing signs,
danger and other such temporary, emergency or non commercial signs.
(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, G2, 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 siQns 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 temnorarv signs described in subsection 78-740(b)(1), �
� ;+� „ o �:��2F--�9�-t�3-t-�3�n i n��_n� ,,,,a u 2 a;�+,.;,.��� .,,,a :
�;ao.,+;.,� o „� r,rr r�„�;,,,� r,;�+�.;,,t� advertising the sale, lease or
rental of the lot on which the sign is located. advertisine permitted �araee
sales. and advertising an � °*� °"^-�� �° open house a��°�*;�r°' �^, all
pursuant to the regulations set forth therein.
(m)Temporary commercial signs , a m�imum size
of six square feet, to be placed in store-front windows, for a maximum
period of 45 39 days from date of application for a permanent sign. Such
temporary signs are required to be removed when the permanent sign is
installed or no later than 45 38 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 storefront and no further than five (5) feet from the
business entrance. which do not interfere 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 nlacement of anv such sien is at the owner's risk; and the owner shall
defend. indemnifv and hold harmless the villa�e from anv and all liabilitv
associated with the blacement of such si�n on or adiacent to a sidewalk or
ther nedestrian or nublic wav. The villa�e shall have the ri�ht to cause
the removal of anv such si�n that obstructs safe nublic nassage or that is in
violation of buildin� code accessibilitv reauirements.
13
(o) ther temnorarv si�.ms including si�ns otherwise nernutted in coniunction
with a snecial event cims of a nolitical reli�ious or nersonal (free-
�eech) nature. and holidav disnlavs.
Sec. 7&743. Subdivision and development signs.
(a) Temporary signs promoting the development of subdivisions shall be allowed
upon approval by the building official and such pernuts sha11 be granted for a
period of six months only. Applications for renewal must l� made again to the
building official and such renewal shall be for a six-month period. Only one such
sign sha11 be permitted on each street fronta.ge, not to exceed 32 square feet in
area or exceed 12 feet in height above grade, and the sign sha11 meet the setback
requirement of this article. The limitations within this article prohibiting off-site
signage sha11 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
a nroval of the off-site nronertv owner. Such signage shall be subject to re�iew
by the planning and zoni.ng 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 ar projects upon approval by the building official.
Such signs shall not exceed 15 square feet in area, sha11 not exceed six feet in
height above grade, sha11 not exceed the height of the wa11 or fence on which they
ate 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 t�l.
ode comnliance officer ar anv other authorized villa�e aersonnel. any sign is
found t e 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 being brought before the code
� ----- -
enforcement snecial maeistrate ��° 'o—�—��=�ee�--��^��-
�
�;.,...o � +•� +. . .+;,,,. �,. +�.; � + a.,,,... +t,o �.,,;ta;,, ,.��,�. ,.�.,z
canv-vriivmzcas:virarv`rircmg-tvzxaa-�rrcc��rrvrrr aa�ro �-res ...�
� '
(b) Removad 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
]4
discontinuance. Failure to comnlv shall result in the case bein� brou�ht before
t e code enforcement snecial magistrate T� �„^� �„^;^°�^ ^� �°^,;^° :" ''^"'""„'`,
*�.�ge--�e�-p��e�-�et-��o� �i,.,�� i,,,.,v ��,v � a ,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) All nonconforming signs within the village or within an area annexed to
the village that are not temnorarv si�ns, shall be removed or made to
conform with the reauirements of this article prior to the expiration of two
� e�e-�ea� after the date of passage of the ordinance from which this
article is derived or after annexation, whichever applies. All
nonconformin� si�ns within the villa�e or within an area annexed to the
villa�e that are temnorarv si�ns. shall be removed or made to conform
with the reauirements of this article within 45 davs after the date of
passa�e of the ordinance from which this article is derived or after
ann xation. whichever annlies.
(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 reguirements of this article e�€�e�.
Sec. 78-745. Prohibitions in all zoning districts e���ege�es.
(a) Blinking or reflective illuminated signs. No blinking, flashing, intermittent, animated
or reflective type signs illumination shall be permitted. Rather, si�n illumination eae-�
� must be constant in intensity with a soft and muted effect. S�
that are illuminated at ni�ht mav not exceed a maximum luminance level of seven
hundred fiftv (750) cd/m or Nits. All illuminated si�ns must comnlv with the
maximum luminance level of seven hundred fiftv (7501 cd1m or Nits between sunset
and sunrise. After sunrise. illuminated siens mav resume luminance levels
a nronriate for davlisht conditions.
(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.
15
(d) Painted wall signs. No painted wall signs shall be permitted. Lettering on walls
must be of raised design.
(e) Signs on vehicles. Anv sisn �xs 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 � „'�';� � ,�*° � shall be prohibited. A vehicle
shall not be considered "re�ularlv used in the conduct of the business" if the
vehicle is used primarilv (il for advertisin�. or (iil for the nurnose of advertising.
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-
auarters ton rated canacitv. which is currentiv licensed. insured and oberable,
operating during the normal hours of business, and which is not barked in anv
narkine snace, narkin� area, or the nortion 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 sha11 be narked so thev are not visible from
anv street or riQht-of-wav after normal hours of business. All such vehicles shall
lso comnlv with the narkine re�ulations at chanter 46. article III divisions 2.
�� Reserved. n.,�;*;..,,� � n,.�:+;,..,, � o o„�.,�va „� � n,,.,,�.
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16
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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
nlacement of samnle �oods or merchandisins material, e€ banners, feather or
flutter fla�s, or outdoor nortable si�ns or advertisin� disnlavs ^*'�°r m°r�'�^^a;�:
�� shall be permitted excent for sandwich boards which are nermitted
t�ursuant to 78-742(nl, siens that are annroved in coniunction with a snecial event
permit, or siens that are avnroved bv the villa�e mana�er for un to 45 davs in
coniunction with � r *°������-, � ° �, � �;*�� . r;a° ° �}° � new business
openings, �„�o„ .,�., �.., ����'�-�e�s�e�-e€�o �,:��,,,.o ,,, „o,. 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 nart shall be
construed to nrohibit the nlacement of decorations or accessories alon� a
storefront or other adiacent area for the nuraose of aesthetics and annearance, so
long as such nieces do not interfere with sidewalk access bv bedestrians or violate
b ildin� code accessibilitv reauirements.
(i) Reserved parking space signs. No signs identifying or designating parking spaces
as reserved for individual tenants, businesses and/or property owners shall be
allowed. Signs identifying handicapped parking spaces per state, county and
municipal requirements are exempt from this article;
(j) Off-premises or billboard signs. No off-premises or billboard signs shall be
permitted except as set forth at subsection 78-740(a)3
(k) Signs placed on public properry. 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) Szgns with illegal messages. No signs which display any obscene or illegal written
or graphic message shall be permitted;
(o) Signs interfering with buildings. No signs which obstruct or interfere with any
door, fire exit, stairway, ladder or opening intended to provide light, air, ingress or
egress for any building shall be permitted;
(p) Signs creating traffic safery 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
17
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 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 vanor narticles shall be nermitted.
Sec. 78-746. Decorative ' te signs and a��hitectural li�htin�.
The use of �^°° ^r �_,���� ^� �- ��r;+� raised lettering or designs in or on the
walls of a buildin� and which are integrated into the total decor of the building�and the
use of architectural liQhtin� may be allowed in coniunction with the site nlan annroval or
modification nrocess � �'�^�*�^� *� *'�° ^'����^^ ��a R '�^�r�'_'� � ,�'
,
,;�� �,o ,. .,�oa ,..,�., ;�.�,o aa�;,.,, .,�,.,,,,.o.,,o�. +,. +�.e �
�, o
Sec. 78-747. la�s and flagnoles .
One fla�t�ole ber sin�le nronertv shall be nermitted. k'la�noles shall not exceed 25
feet in hei�ht. One (1) flag ner bole shall be nermitted. Far fla�noles less than 20 feet in
height, the fla� shall not exceed 24 sauare feet with m�imum dimensions of 4 feet x 6
feet. For fla�noles between 20 feet and 25 feet in hei�ht. the flae shall not exceed 40
sauare feet with maximum dimensions of 5 feet x 8 feet. The villa�e council mav
annrove additional fla�noles un to a m�imum of three on anv sin�le nronertv,
commensurate with the size of the Dronertv unon which the flagnole are t o be erected.
The villa�e council mav annrove increases in flasnole or fla� size, commensurate with
the size of the nronertv unon which the fla�nole is to be erected. �-�irg;��s�
� Qo , �.o ., .,aoa � ,,.... +;.,,o *„ �;...o
�� ° •
Sec. 78-748. Temnorarv si�ns .
(a) Temnorarv signs 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, includins elec trical codes.
Temnorarv si�ns are exemnt from the nermittin� nrocess rec�uired of nermanent
i�ns nursuant to this article: however, temnorarv si�ns shall comnlv 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 nermitted �ara�e
sale. or that advertise an onen house, all as more narticularlv described in Sec. 78-
740(bl(1); siens otherwise nermitted as nart of a snecial eve temnorarv
commercial si�ns as more narticularlv described in Sec 78-742(k) and (ml•
political. religious or nersonal (free-sneechl si�ns: and holidav disnlavs. Outdoor
merchandisin� disnlavs shall comnlv with the reauirements of Sec. 78-745(h).
18
Political, reli�ious and nersonal (free-sneechl temnorarv si�ns shall be nermitted
with an exnosed area of not more than six sauare feet. Such signs that refer to a
�articular election. event or other snecific matter shall be removed within seven
davs after said election. event or other specific matter. Holidav disnlavs shall
likewise be removed within seven davs from the conclusion of the holidav. No
temnorarv sien shall be nlaced in anv �ublic ri�ht-of-wav or on anv nublic
nronertv. No temnorarv si�n shall be nlaced in a location, as determined bv the
villa�e manaeer or his desienee. in such a manner as to constitute a safetv hazard,
or hindrance to pedestrian or vehicular traffic.
(b) Notwithstandin� the fore�oing, the villa�e mana�er mav authorize the nlacement
within a ri�ht-of-wav of temnorarv si�ns identifvin� bv name onen businesses
adiacent to onsoin� road construction. Anv such si�n shall comnlv with FDOT or
other anplicable standards reeardin� letterin�, size, material and nlacement.
(c) The failure to remove a temnorarv si�n nursuant to the urovisions of this section
shall subiect the nroberiv owner unon whose nronertv the si�n is located to code
enforcement t�roceedin�s nursuant to article IV of chanter 2. Each dav that a
temnorarv si�n remains in violation of this section shall be deemed to be a
senarate offense.
Sec. 78-749. Bond and liabilitv insurance for si�n contractors .
All si�n contractors shall nroduce evidence to the villa�e that thev carrv insurance
and suretv bonds in the amounts and tvnes as reauired for licensin� and certification in
accordance with F.S. ch. 489, as mav be amended from time to time. ^" ��R �'�°" '�°
, ,
�p�epe�au��
Secs. 78-�5( �49-78-770. Reserved.
Section 2: Each and every other section and subsection of Chapter 78. Zoning. shall
remain in full force and effect as previously enacted.
Section 3: All Ordinances or parts of Ordinances in conflict herewith be and the same
are hereby repealed.
Section 4: Should any Section or provision of this Ordinance or any portion thereof,
any paragraph, sentence or word be declared by a Court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder of this Ordinance.
Section 5: Specific authority is hereby granted to codify this Ordinance.
Section 6: This Ordinance shall become effective immediately upon passage.
19