HomeMy WebLinkAboutDocumentation_Workshop_Tab 01_11/04/2013 ORDINANCE NO. 34-13
AN ORDINANCE UF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING CHAPTER 78. ZONING. ART. XI.
SIGNS. BY UPDATING INTENT AND PURPt?SE EXPLANATIONS,
PROVIDING TIME LIMITS ON THE PERMITTING PROCES5;
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
CLAU5E, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY;
PROVIDING AN EFFECTIVE DATE; AlYD FOR OTHER PURPOSES.
WHEREAS, revisions to the Village's sign code aze 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 conta.ined 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 C4UNTY, FL()RIDA, AS FOLLOWS:
Section 1: Chapter 78. Zoning. of the Code of Ordina.nces of the Villa�e of Tequesta
is hereby amended at Art. XI. Signs, by updating intent and purpose explanations, providing time
limits on the permitting process; clarifying sign maintenance requirements, updating temporary
sign regulations and prohibited sign regulations, creating new flagpole regulations and providing
for general internal consistency; providing that Art. XI. Signs, shall hereafter read as follows:
ARTICLE XI. SIGNS
_. _ _
Sec. 78-731. Intent and nurnose.
Sec. 78-732. Prohibited si n�s generallv.
Sec. 78-?33. Permit required; �ulicabilitv of building.and electrical codes.
Sec. 78•734. Application for pemut.
Sec. 78-735. Issuance of nernut; expiration of ,Qernut.
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Sec. 78-736. Permit fee.
Sec. 78-737. Mai.ntenance �.
Sec. 78-738. Wind pressure and dead load requirements.
Sec. 78-739. Setbacks.
Sec. 78-740. General restrictions; maximum size and number of si ris.
Sec. 78-741. Technical requirements.
Sec. 78-742. Exem tip ons•
Sec. 78-743. Subdivision and development signs.
Sec. 78-744. Unsafe, unlawful or nonconforming si ng�s.
Sec. 78-745. Prohibitions in a11 zonin� �istricts �.
Sec. 78-746. Decorative �te�rated si�ns and architecturalli�tin�.
Sec. 78-747. Flags and fla�noles
Sec. 78-748. '�emnora.rv sivans
Sec. 7$-749. Bond and liabilitv insurance for si�n contractQ�
Secs. 78-750 �4�---78-770. Reserved.
Sec. 7&731. Intent and ournose.
(a} It is the � intent and se of this article to promote and protect the public
health, safety, � general welfare bv re�ulatin� and limiting the existin� and
nro�osed nosfiing. disnlav. erecfiion. use and maintenance of si,�ns and other forms
advertisin� structures within the villa�e
(b) � cificallv the re�ulations contained in this article a re intended to nrotect and
�reserve the aesthetics of the village. nrotect nronertv values. create a more
attr�ctive economic and business climate enhance and nroteet the nhvsic�l
�pt��rance of the communitv nreserve �he scenic and natural beautv of th�
vi lage. nrovide more onen snace and nravide a more eniovable and nleasine
communitv , ,
��e-�a.ge.
(c) The reeulations contai.ned in this article are �--�s further intended to �
� i
�
, improve vehiculaz and
pedestrian safety, , curb the deterioration of na.tura,l
beauty and the community environment, and reduce visual �llution.
(d) stitution of noncommercial sneech for commercial sDeech. Notwithstandin�
�ythin� contained in this article to the contrary v sim or advertisin� struc�e
t 1 t'
con '' er a non-cornmerciai_ messa�e u.nrelated to the business located on the
nremises where the si is erected or a commercial messa.�e. The non-commercial
messa�e mav occunv the entire sien face or anv nortion thereof The sien fac�
mav be chan�ed fcom commercial to non-comt�ercial messages. or from one
ncommercial messa.�� to another as freauentiv as desired. bv �he owner of th�
si�n. nrovided that the sLe and design criteria cor�t in th article have been
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�a�isfie�
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(e) Content neutralitv as to sign message (viewnoint). Notwithst�ndin� anvthin�
ontained L this article to the contrarv. no si�n or advertising structure sha11 be
_,�.
subiect to anv limitation based unon the content (viewnointl, of, th_e_ _ messa�e
- - - - --
contained on such si�n or disnlaved on such sien or advertising slructure.
Sec. 78-732. Prohibited signs generally.
No signs shall be permitted in the village except those specifically allowed by this
article.
Sec. 7&733. Permit required; applic.�bility of building �nd electrica! codes.
It shall be unlawful for any person to erect, repair, alter, relocate or maintain
within the village any sign or other advertising structure as defined in this chapter without
first obtaining all required annrovals and pernuts from the villa�e council. the n annin�
zonin� advisarv hoard. 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
c�uncil and on file in the villa�e clerk's office as nrovided at Sec. 78-736 �e#�-�-�ke
�age. In addition to the reauirements of this article, a11 signs sha11 be subject to the
provisions, permit fees, and inspection requirements of the village'� building and her
t�chrucal codes. including electrical codes.
Sec. 7&734. Application for permit.
(a) Applications for sign permits sha11 be made upon proper forms provided by the
evelonment denartrnent and/or the building official and shall cantain
or have attached thereta the following information:
(1 } Name, address and telephone number, if any, of the applicant.
�2) Location of the building, structure, or iot to which or upon which the sign
is to be attached or erected and the position of the sign therean.
(3) Two sealed plans and specifications for the conslruction 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 Iand on which
the structure is to be erected.
(6) Any building or electrical permit required and issued for the sign;
provided, however, it shall be permissible to have the applicant delay the
acquisition of a building or electrical permit until after the applicant has
received conditional approval of all other aspects of his application.
(7) Such other information as the village shall reqwire showing full
compliance with this article and a11 other laws and ordinances of the
village.
(b) In a11 applications for permits where a matter of interpretation arises, the most
��strictive intemreta 'g� �� shall 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 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 ta the planning and
zoning advisory baard and in turn approved by the village council.
(d) In addition ta the reauirements set forth in subsection (al of this section., all
annlications for nrouosed free standin� si�na�e which is not otherwise nart of a
i e nlan review sha11 be submitte to the nlannin� and zoninQ advisorv boar f�r
eview and anDroval a s established at Sec. 22-53(b). No sim re nlannin�
and zoninE advisorv board annroval shall be vermitted until the nlans for the si�n
ve been submitted to and annroved bv the nlanning and zo�� advisorv board.
Sec. 78-735. Issuance of permit; ezpiration of permi�
(a) ', L�C.in the filing of an application for
a sign permit, the building, official shall. without unreasonable ar unnecessa_ry
elav. but in no case longer 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 building codes. electrical codes
and other a nlicable technical codes. The annlicant sha11 be notified immediatelv
bv the buildin of� of anv deficiencies and the apnlicant sha11 correct sa.me
nrior to the issuance of anv nemut. The buildin� official's failwe to make
comnliance determination witlun 30 davs sha11 be deer.�ed to be a determination
comnliance. Additio the communitv d evelonment director or designe�
. __ _- - -
s a11. without unreasonable or unnecessarv delav. but in no case loneer than 3
davs. examine the a�plication for com�liance with the villa�e's zonin�
resulations. The ant�licant sha11 be notified immediatelv bv the cornmurutv
�levelonment director of anv deficiencies in the annlication and the annlicant sha1�
correct same nrior to further nrocessin� of the annlica.tion. The communitv
develonment director's failure to make a comnliance determination within 30
da�s sha11 be deemed to be a determination of comnliance. Uuon determinin�
the annlication comnlies with the reauirements of this article. the communitv
develo ment director sha11 brocess the annlication for nlannine and zonin�
acivisorv board and/or village council review and annroval. as a�licable. on the
xt avail ble agendas. ��f it sha11 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_�nnlicable buildin� and other technical es includins
electrical cod es, and, where required, l�i planning and
zoning advisory boazd or #he villa�e council. as annlicable. has a� approved a�i'
sign or advertisin� structure. ', the building official shall
immediatelv thereafter issue the pernut.
(b) ,
, ' . A permit issued sha11
be construed to be a license to proceed with the work and sha11 not be construed
as authority to violate, cancel, alter, or set aside any of the provisions of this code
or anv annlica.ble building or other technical codes includin� electrical codes or
any other regulations of the village, nor sha11 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 pernut 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 pernut 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 siar months lapses between
required scheduled inspecrians. A permit may be revalidated for a period of 90
days when just cause is given�i 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 ar
advertising structure, retaining a copy thereof and a copy of the plans of the sign
or advertising structure for his records. Pernuts sha11 disclose:
(1) The type of sign, � advertising struciure
authorized by the permit_ a.s well as v el�:ctrical work and other teehnic
work authorized bv the ner mit.
(2) The legal description of the property upon which the sign 2 advertising
structure is permitted to be located and t�e
name of the owner or lessee of such properiy.
(3) The loca.tion upon the properry where the sign Qr advertising structwre e�
is permitted.
(4) The name of the person s�nstructins or erecting the sign �r advertisine
��.
(5) The amount of the fee paid for such permit.
(6) The da.te of issuance.
Sec. 7&736. Permit fee.
In addition to any othez applicable building permit fees which may be required,
every applicant, before being granted a sign permit, shall pay to the village a pernut 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. Mainte� nce �g.
Maintenance ��g of signs advertisine structures is required. lA 1 sisns
advertisin� structures sha11 be maintained at all times in a condition which is safe and
which annears as ori�inallv nermitted and/or eansttucted. erected_,or installed. This
aintenance reauirement extends to la,ndscanin� and irrigation svstems associated wi
�y freestandin� or monument signs. SiQns t�at are nainted shall. at a minimum, be re-
� every two years from the date of the issuance of the permit, or more often if
r uired to comnlv with the maintenance reauirements of this section
�-�e-���age•
,
. �i maintenance violations shall be
orced throush the code enforcement �uecial magistrate nrocess.
5
Sec. 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 miles per hour and shall be constructed to
receive dead loads as required in the building code or other provisions of this Code.
Sec. 78-739. Setbacks.
All freestanding signs shall be so located on a lot or parcel as to provide a ten-foot
minimum setback from a front yard property line and from a front yard and corner side
yard property line when the lot or parcel is a corner lot or parcel with direct exposure to
two public streets. The minimum required setback shall be measured from the property
line to the leading edge of the freestanding sign structure.
Sec. 78-740. General restrictions; maximum size and number of signs.
The restrictions and maximum size of the signs in areas of the village shall be as
follows:
(a) Of�j`=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 r�ara�e sale directional
signs and temporary development signs on remote parcels per subsections
78-740(b)(1) and 743(a). Political. reli�ious or nersonal (free-sneechl
si�ns and holidav disnlavs, which contain a non-commercial messa�e
shall not be deemed to be off-nremises si�ns.
(b) Residential and recreational districts. Signs in residential districts a�ve�
as the residential portions of mixed use districts, and the R/OP district
shall be subject to the following:
(1) In residential districts R-lA, R-1, R-2, R-3 a.� 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 permitted �ara�e_ sale No off- �remises s�e signs
shall be permitted; except, however, three e�e open house
directional signs. or t�ree �ara�?e sale directional signs. 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 signs 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 two square feet in size shall be allowed.
(4) Signs in any residential district which advertise the sale, rental, or
lease of real estate shall be removed no later than three days
6
subsequent to the sale, rental, or lease. Sale, rental, or lease sha11
be deemed to be the da.te upan which a contract for such sale,
rental or lease is fiilly executed. Such sign shall be exempt from
any village permitting r�uirements. C���P sale ,si�ns sha11 be
oved immediatelv unon the conciusion of the nermitt �ara�e
�
(5) xcent as nrovided in subsection (11 above. signs in any R/OP
district shall be aliowed only after �DUr�O � �e�e� by the planning
and zoning advisory board nursuant to Sec. 22-53(bl. or �
approval by the village council in accordance with the site plan
review process as esta.blished in article IX, division 2 of this
chapter as a�uiicable
(6) Places of assembly located in residential districts or the R/OP
�� shall be allowed signage as follows:
a. Freestanding sign: One freestanding sign sha11 be allowed,
not to exceed 30 square feet in total area, with a maximum
height of seven feet above finish grade. The sign sha11 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. Landsca��., and irriga#ion at the base of anv
such signase shall be reauired. Any such freestanding sign
sha11 be allowed only after a��v �v� by the planning
and zoning advisory board �ursuant 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 annlicable.
b. Wall sign: Wa11-mounted signs shall be allowed, not to exceed 20
square feet in total area, to be constructed using individual ra.ised
Ietters and/or a metal plaque type sign.
(c) Commercial districts. Signs in G1, C-2 and C-3 commercial districts, as
well as the commercial areas �s of � mixed use ("MLJ"1 develo me t
� shall be subject to the following:
(1) In shopping centers, the size, design and lqcation of wa11 signs
sha11 meet the technical requirements as esta.blished 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 pernutted provided
they meet the technical requirements af this article and any
applicable requirements of the building and other technical
eles� codes ��. in� electrical codes. Any freestanding signs
shall meet the technical �uitemenCs of this a.rticle as well as the
annlicable buildi.ng and other technical codes includin� electrical
� and sha11 be allowed only after Qv �iev� by the
planning and zoning advisory board pursuant to Sea 22-53(bl. ar
a�-�e� approval by the village council in accordance with the
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site plan review process as established i.n article IX, division 2 of
this chapter, as ap�lic_a�le.
(2) In commercial districts G1, C-2, arid C-3, as well as the
commercial portions af m.ixed use districts not including pro�rties
within shopping centers, all wall signs shall meet the technical
requirements as established. by this article and sha11 be permitted
after approval by the building official.
(3) Fixed ceiling-maunted signs on shopping center wallcways 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
doarways or do not have individual door openings and frontage to
a street or parking area, the following alternative may be permitted
a.fter 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 exc�d three square feet each and not more
than 60 square feet in aggregate.
(5) In commercial districts C-1, C-2, and C-3, as well as the
carmmercial portions of mixed use disixicts corner structures of
buildings with direct exposures to two or more public streets or to
a shopping center and a street shail 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 sa1e, rental or lease of the property advertised. Sa1e, rental or
lease shall be deemed to be the date on which a contract for such
sa1e, renta.l 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-lA, R-1, R-2,
and R-3; i� a.� residential areas of a MiJ Zoning District and in e R/OP
� shall follow the provisions of section 78-740(b).
(b) Commercial districts. Signs in conamercial districts C-1, C-2, and C-3, as
well as the commercial portions of mixed use districts sha11 be subject to
the following:
(1) Signs on buiddings.
a. One sign per establishment sha11 be permitted on the
building or structure, not to exceed 60 square feet in azea.
b. Multiple wall signs on a building frontage or tenant area
may be �rmitted 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 nei,ghborhood commercial
district, as well as the commercial portions of mixed use
districts sha11 be allowed one fieestanding sign, not to
exceed 60 square feet in area and not to exceed 16 feet in
height from finished grade and ha.ving a minimum setback
of ten feet in accordance with section 78-739. Landscaping
and irrigation at the base of any such signage s� � be
required by the community development director, ar may
be re°uir bv the nla i� and zoning advisorv board
nursuant to Sec. 22-5 fbl. or sha11 be recommended by the
planning aa�d zoning advisory board and required by the
village council as part of the site plan revisw process as
established in article IX, division 2 of this chapter�
�
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 haight 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 �� be required by the
community development director, or may be reauired bv
the nlannin� and zonin� advisorv board nursuant to Sec.
2-53fb1. or s 1 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�nlicable.
des�e.
c. Shopping centers not utilizi.ng additional freestanding
signage or having approved outparcels with approved
freestanding signa.ge within the C-2 communiiy
commercial district having fronta.ge 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
fuushed grade and having a ten-foot minimum setback in
accordance with section '18-739. Landscaping and irrigation
at the base of any such signage s� � be required by the
community development director, or may be reauired bv
�e nlannin� and zonin� advisorv baard nursuant to Sec.
22-53fb1. or shall be recommended by the planning and
zoning advisory board and required by the village council
as pax�t of the site plan review process as established in
article IX, division 2 of this chapter. as anplicable.
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�es�e. Shopping centers within the C-2 community
commercial district ha.ving 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 pemutted any
additional freestanding signs on any lot or parcel
comprising the shopping center or an any outpazcel
associated therewith.
d Additional fteestanding signs sha11 be permitted in
shopping centers within the C-2 community commerciai
district having U.S. Highway 1 fronta.ge under the
conditions as foliows:
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 4S 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 h�l � be required by the community
development director, or may be aui e'r bv the
nlanning and zonin� advisorv boazd nu.rsua,nt to
ec. 22-53(b� or shall be recommended by the
planning and zoning advisory boazd and required by
the village council as part of the site plan review
process as established in article IX, division 2 of
this cha.pter. as annlicable. ��-*�
ii. Reserved.
iii. Shopping centers having U.S. Highwa.y 1 fronta.ge
in excess of 60Q lineal feet, not utilizing the
freestanding signage allowance in excess of 60
square feet in area but not to exceed 100 square feet
in area provided for in this subsection and not
utilizing any outparcel signage. allowed in this
subsection, shall be pennitted additional
fieestanding 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 separa.ted
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by a distance of at least 3Q0 lineal feet from any
other freestanding sign on the proposed shopping
center site shall be prohibited. Any such additional
freestanding signage sha11 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 exc�ed 20 feet in
height from finished grade and shall have a
minimurn setback of ten feet in accordance with
section 78-739. Landscaping and 'urigation at the
base of any such signage s� � be required by
the eommunity development director, or may be
r bv the nlannin� and zonin� advisorv board
t t Sec. 2-53(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 annlicable. ��
�es�e.
iv. Such additional freestanding signs as may be
allowed shall be constructed in accordance with a11
other provisions of this subsection.
e. Establishments not in shopping centers shall be ailowed
one freestanding sign under the conditions as follows:
i. Establishments not in a shopping center and located
within the G 1 neighbarhood commercial district
shall be allowed one sign per building apart from
the building not to exceed 60 square feet in area and
not exceeding 16 feet in height from finished grade
and ha.ving a minimum setback of ten feet in
accordance with section 78-739. Landscaping and
irrigation at the base of any such signage ��
be required by the community development
director, or may be �uired bv the nlannin¢ and
�.nning �visorv board nursuant to Sec. 22-53 l. 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�
1'c le
. The sign shall be located
within the middle one-third of the property fronting
on the public street.
ii. Establishments not in a shopping center, located
within the G2 community commercial district or
11
the C-3 general commercial distxict, 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 s�11 � be required
by the community development director, or may be
rea��bv the�lanning and zonin� advisorv board
nursuant to Sec. 22-53fb1. 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 �Alicable. ��
�es�. The sign sha11 be located within the
nuddle one-third of the pro�rty fronting on the
public street.
(3) Changeabde letter signs. Changeable letter signs are prohibited
except for the reader portions of theater signs, menu boards for fast
food drive-in or carrvout resta.urants, si�ns at nla�es of assemblv
advertisin� such nlaces' current activities and events. fuel nrice
' orma 'on si�ns buildins directorv siQns and time and
temuerature sisns. and where specifically exempted or a.11owed by
state law, � this code
p�.�&C�--� „ ,.a.,:�,..�, t.,,,,,.a �..,a .,.,..,.,,,,.,t _,.� +t,e .,;t�.,,�e
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 pro�rty 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; pmvided, 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 deveioper 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 professian 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 exceeci 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, raikoad crossing signs,
danger and other such temporary, emergency or non commercial signs.
(j) Safety or c,aution signs such as"No Smoking" signs near flammable
materials.
(k) Paper or other temporary signs may be a.ffixed or otherwise attached to or
displayed within glass display windows of commercial establishments or
stores in commercial districts C-1, C-2, and C-3, as well as the
commercial portions of mixed use districts without the requirement of a
permit being obtained therefor; provided, however, that not more than one
such sign sha11 be per�nitted within or upon any such window display, and
further, that any such sign shail not exceed 500 square inches in size.
uch temnorarv si . m v be disnlaved for a maximum of 45 consecutive
��, . 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.
(I) Those temn�orarv signs described in subsection 78-740(b)(1), �
�. ., o e.. 1..+ ;.. +l.e D� 1� D 7...�.i Q_'2 .���t..:�.+��_.�...7 :
advertising the sale, lease or
rental of the lot on which the sign is located. adverri�u�.g nerm.itted �ara�e
lsa s.e and advertising an open house �e��, a11
pursuant to the regulations set forth therein.
(m)Temporary c rci signs , a maximum size
of six square feet, to be placed in store-front windows, for a maximum
period of �5 �8 days from date of application for a permanent sign. Such
temporary signs aze required to be removed when the permanent sign is
installed or no later tha.n ��9 days after installation of the temporary
sign, whichever is sooner.
(nl Sandwich board signs. no lar�er than 36" tall x 24" wide. located adiacent
t� �he business storefrant and no further than five (5) feet from the business
entran��v 'ch do not interfere with sidewalk access bv nedestrians or violate
buu•lding code accessibilitv reaui.rements Al_1 such si�ns shall be removed at
e end of each business dav and stored indoors. The nlacement of anv such
s�'�.$ the owner's risk• and the owner shall defend indemnifv and hold
ess the villa�e from anv and a11 liabilitv associated with the �lacement of
s �c� sign on or adiacent to a sidewalk or other nedestrian or nublic wav. Th
villa�e shall have e ri�ht to ca the remoyal_of anv su ch sign that obstructs
- - - -- _
safe nublic nassaee or that is in violation of buildin� code aecessibilitv
reauirements.
13
� Other temno rarv si�ns includin� si�ns otherwise nermitted in coniunctio
with a snecial_ event sisns of a nolitical. religious or nersonal (free-s�eechl
holidav disnlavs.
Sec. 78-743. �ubdivision and development signs.
(a) Temporary signs promoting the development of subdivisions sha11 be allowed
upon approval by the building official and such pemuts 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 sha11 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 sha11 meet the setback
requirement of this article. The limitations within this article prohibiting off-site
signage sha11 ap�ly to the temporary signs described in this subsection; except,
however, if the suUdivision for which the sign is intended is geographically
isolated from vehicular traffic, and where the applieant 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
annroval of the off-site nronertv owner. Such signage sha11 be subject to review
by the planning and zoning advisory boazd and approval by the village council in
accordance with the site plan review process as esta.blished in article IX, division
2 of this cha.pter. Applications for renewal beyond the initial six-month temporary
period shall be subjeet 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 pernaitted only at
entrances of developments or projects upon approval by the building official.
Such signs shall not exc.eed 15 square feet in area, shall not exceed six feet in
height above grade, sha�l 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,�h
code comnliance officer or anv other authorized village n�rsonnel, any sign is
found � unsafe or insecure, not properly maintained, constructed or erected, in
a dilapidated or �iazardous condition, or erected without first obtaining a proper
permit, the owner shall be notifi� of the violation and re uired to cure such
iolation. Fail e to comnlv shall result in the c�se bei brought before the code
orcement snecial ma�istrate m°'�° �+ °°�° �a °��-�a ^� - _
> ,
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� �
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(b) Removal of sign advertising discontit�ued 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 witlun ten days from the da.te of
14
discontinuance. F.�'lure to comnlv shall result in the case bein brou before
e code enforcement snecial ma�istrate
, , •
(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 ttus article, sha11 hereafter be termed
nonconfornung.
(2) All nonconforniing signs within the village or within an area annexed to
the village t�x are not tem�rarv si�ns. sha11 be removed o m t
cQr_�form with the reauirem�ts of this article prior to the expiration of wo
�s exe-3�ea� after the date of passage of the ordinance from which this
article is derived or after annexation, whiche�ver applies. �
nQnconformin� signs within the village or wi ' an atea annexed to the
vi�lla�e that aze temnorarv sisns. shall be removed or made to conform
with the reauirements of this article within 45 davs aftex the date of
sage of the ordinance from which this azticle is derived or after
exation whichever annlies.
(3) The period of time for removal or confo�ce sha11 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
nonconfornung 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 sha11 be erected on the same plot with an existing
nonconforming sign until the nonconforming sign has been removed or made �
orm with the reauirements of this article �i�g.
Sec. 78-745. Prohibitions in all zoning �'�' #� e�a�ege�ies.
(a) Blinking or reflective '� signs. No blinking, flashing, intermittent,
animated or reflective type signs ' l�i .�� sha11 be permitted. Rather. sien
illumination ea�-kgl� must be constant in intensity with a saft
and muted effect.
(b) Signs extending above roof height. No sign sha11 extend above the roof height
unless backed by a parapet wall e�ending 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 sha11 be �rmitted.
(d) Paanted wall signs. No painted wa11 signs sha11 be permitted. Lettering on wa11s
must be of ra,ised design.
(e} Signs on vehictes. v si�n � attached to or placed on a vebicle (including
trailers) that i not being re�ularlv used in the conduct of the business bein_�
� vertised sha11 be prohibited. �
15
ha.11 not be considered "regularlv used in the conduct of the business" if the
�e�cle is used nrimarilv (il for advertisins. or (iil for the ��s.se of advertisin�.
This provision is not to be construed as prohibiting the identification of a firm or
its principal products on a se�erei� vehicle or truck with no more than three-
auarters ton rated canacitv. which is currentiv licensed. insured and onerable.
operating during the normal hours of business. and which is not narked _in anv
narkin� snace. narkine area. or the nortio� of a narking lot located adiacent to anv
' t-of-wav; provided, however, that no such vehicle sha11 be parked on public or
private properry with signs atta,ched 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 fiim. �1 _�u�h yehicles sha11 be narked so thev are not visible from
eet or right-of-wav after nornial hours of business. All such vehicles shall
also eomnlv with the nar ki�� reeulat at chauter 46. article III divisions 2.
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�1l ��rF
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16
(g) Signs on windows or doors. Signs on shop windaws, display windows, or doors or
other windows shall be subject to the following: Permanent signs sha11 be
permitted to be erected or painted upon any wi.ndow or door as provided for in
this article. Any such sign permitted shall be part of the overall sign area
pernutted and sha11 not exceed 30 percent of the window or door area$
(h) Outdoor merchandising displays. No outdoor merchandising displays• o�tdoor
nlacement of samnle �oods or merchandisin� material. e� banners, f�ather or
flutter a��. or outdoor nortable si�ns or advertising disnlavs ''�g
� sha11 be permitted excent for sandwich boazds which are nernutted
uursuant to 78-742(nl, si�ns that are annroved in coniunction with a snecial event
nermit or si�� th_�t are annroved bv the villa�e mana�er f9r un to 45 davs in
os�niunction with new business
openings, 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. Nothine in this nart shall be
construed to nrohibit the nlacement of decorations or accessories a1on� a
s�. .�ront or other adiacent area for the nwvose of a.�sthetics and annearance. so
lon� as such nieces do not interfere with sidewalk access bv nedestrians or violate
utb '� code accessibilitv reauirements.
(i) Reserved parkdng space signs. No signs identifying or designaring 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) O,f,J`-ppemises or billboard signs. No off-premises or billboard signs sha.11 be
pemutted except as set forth at subsection 7&740(a)}
(k) Signs placed on publie properry. No signs placed, attached, posted, or located, on
or to any tree, utiliiy pole, street light, sidewalk, curb, fire hydrant, bridge ar any
other public property sha11 be pertnitted; except that public utility, convenience,
and warning signs are permitted if approved and erected by governmental
agencies having jurisdiction over the applicable properry;
(1) Moving or animated signs. No signs in motion, including swinging, rotating or
revolving signs. or si�ns containin� video e ima�erv sha11 be permitted;
(m) �cial signs. No signs which copy or imita.te official signs or which purport to
ha.ve official status shall be permitted;
(n) Signs with illegal messages. No signs which display any obscene or illegal written
or graphic message shall � permitted;
(o) Signs interfering with buildings. No signs wkuch 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 tra�c safety or fire hazards. No signs which constitute a�ic
safety or fire hazard, by reason of size, location, coloring or method of
illumination, which obstruct the vision of motorists or pedestrians; or which
obstruct or detract from any official traffic control devices or utilize the words
"stop", "look", "danger", or any other word or phrase, symbol or character in such
a manner as to int�rfere with, mislead or confuse traffic shall be permitted;
17
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�av� afta er said election event or other snecific matter Holidav disnlavs sha11
likewise be removed within seven davs from the conclusion of the holidav. No
temnorazv si�n shal_l be nlaced in an,y nublic risht-of-wav or on an�, nublic
nronertv. Na temnoraxv si�n sha11 be nlaced in a location. as determined bv the
�1 age mana.�er or his desisnee. in such a manner as to constitute a safetv hazard.
Qr �rance to nedestrian or vehicular traffic.
(b) otwiths�Lhe fore�o'nL g the villaee mana�er mav authorize the ��acement
within a ri�ht-of-wav of temnorarv si�ns identifving bv name onen businesse
a�iiacent to onsoin� road construction, Anv such sisn shall comnlv with FDOT or
other a,nnlicable standards re�ardin� lettering. size�,material and �.lacement.
(c) The failure to remove a temnorarv si�n nursuant to_ the nrovi ions of tlis section
shall subiect the nronertv owner uvon whose �onertv the sign is located to code
��forcemen� nroceedings nursuant to article N of chanter 2 Each dav that a
temnorarv sim remains in violation of this section shall be deemed to be a
senara.te offe
Sec. 78-749. Bond and liabilitv insurance for sign contr�ctors .
_- _ -
�11 sim contractars shal_l nroduce evidence to the villa.�e that thev carrv insuran e
and sur bonds in the amounts and tvnes as reauired for licensin� and certi fica►tiom in
��oxdance with F.S. ch. 489. as mav be amended from time to time. �-s�s-sl��-�e
, ,
�e�Y-e�e�:
Secs. 7&� �4�---78-770. Reserved.
Section 2: Each and every other section and subsection of Cha.pter 78. Zoning. sha11
remain in full force and effect as previously enacted.
Se�teon 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 para.graph, 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 S: Specific authority is hereby granted to codify this Ordinance.
Section 6: This Ordinance shall become effective immediately upon passage.
19