HomeMy WebLinkAboutDocumentation_Workshop_Tab 03_03/13/2014 ORDINANCE NO. 34-13
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING CHAPTER 78. ZONING. ART. XI.
SIGNS. BY UPDATING INTENT AND PURPOSE EXPLANATIONS,
PROVIDING TIME LIMITS ON THE PERMITTING PROCESS;
CLARIFYING SIGN MAINTENANCE REQUIREMENTS, UPDATING
TEMPORARY SIGN REGULATIONS AND PROHIBITED SIGN
REGULATIONS, CREATING NEW FLAGPOLE REGULATIONS AND
PROVIDING FOR GENERAL INTERNAL CONSISTENCY; PROVIDING
THAT EACH AND EVERY OTHER SECTION AND SUB-SECTION OF
CHAPTER 78. ZONING. SHALL REMAIN IN FULL FORCE AND
EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS
CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
WHEREAS, revisions to the Village's sign code are required to provide lawful
regulations that protect safety and aesthetic interests of the village as more specifically stated
herein, and that also acknowledge and protect constitutional issues including but not limited to
free speech and takings; and
WHEREAS, the Village Council believes the code amendment contained in this
ordinance will be in the best interests of the citizens of the Village of Tequesta.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section L• Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta
is hereby amended at Art. XI. Signs, by updating intent and purpose explanations, providing time
limits on the permitting process; clarifying sign maintenance requirements, updating temporary
sign regulations and prohibited sign regulations, creating new flagpole regulations and providing
for general internal consistency; providing that Art. XI. Signs, shall hereafter read as follows:
ARTICLE XI. SIGNS
Sec. 78-731. Intent and nurpose.
Sec. 78-732. Prohibited si n�s enerall�
Sec. 78-733. Permit required; applicabilitv of buildin� and electrical codes.
Sec. 78-734. Application for permit.
Sec. 78-735. Issuance of permit; expiration of permit.
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Sec. 78-736. Permit fee.
Sec. 78-737. Maintenance �.
Sec. 78-738. Wind pressure and dead load requirements.
Sec. 78-739. Setbacks.
Sec. 78-740. General restrictions; maximum size and number of si rg_is.
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�
Sec. 78-745. Prohibitions in all zonin�districts c-a�e�,_�' s.
Sec. 78-746. Decorative inte�rated signs and architectural li�htin�.
Sec. 78-747. Fla�s and fla�noles T���a ��a ,;�'�;,:*�. ; °� r° �*r��*�r�
Sec. 78-748. Temnorarv si�ns "'��;�*°�°��° r° °°�'
Sec. 78-749. Bond and liabilitv insurance for si�n contractors.
Secs. 78-750 �49-78-770. Reserved.
Sec. 78-731. Intent nd nurnose.
(a) It is the eneral intent and nuroose of this article to promote and protect the public
health, safety and general welfare bv re�ulatin� and limitin� the existine and
pronosed t�ostin�, disnlav, erection, use and maintenance of si�ns and other forms
of advertisin� structures within the villa�e.
(b) Snecificallv. the re�ulations contained in this article are intended to urotect and
preserve the aesthetics of the village protect nronertv values, create a more
attractive economic and business climate. enhance and nrotect the nhvsical
a pearance of the communitv, nreserve the scenic and natural beautv of the
villa e rovide more onen snace and nrovide a more eniovable and nleasing
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(c) The re�ulations contained in this article are �-�s further intended to �e�ee�
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n. ��1��--���. ,; ,a o ��3Fa�e--a��e��g
�em�������.�e, •'--.T-:�-�n�e��e�-�-t#�s-���e improve vehicular and
pedestrian safety, , curb the deterioration of natural
beauty and the community environment, and reduce visual pollution.
(d) Substitution of noncommercial sneech for commercial speech. Notwithstandin�
anvthin� contained in this article to the contrarv, anv si�n or advertisin� structure
erected nursuant to the nrovisions of this article mav, at the ontion of the owner
contain either a non-commercial messa�e unrelated to the business located on the
remises where the si�n is erected or a commercial messa�e. The non-commercial
message 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 sign message (vaew�oint). Notwithstandin� anvthin�
ontained in this article to the conirarv. no si�or adveztisin� structure sha11 be
iect to anv limita.non based unon the content (viewnoin of the messa�e
oatai.ned on such siQn or dis�laved on such si�n or advertisine 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 cha.pter without
first obtaining all required aDnrovals and permits from the villaee council, the nlannin�
and zoning advisorv boazd. the communitv develonment denartment andlor the buildi.ng
official, as annlicable. a.nd making payment of a fee as set bv resolution of the villa�e
uncil and on file in the villa.ge clerk's office as tirovided at Sec. 78-736 �+�-#�e
�. In addition #o the reauirements of this article, all signs shall be subject to the
provisions, permit fees, and inspection requirements of the village'� building and o e
echnical codes. including electrical codes.
Sec. 78-734. Applicallon for permit�
(a) Applications for sign permits shall be ma.de upon proper forms provided by the
communitv develonment denartment andlor the building official and shall contai.n
or have attached thereto the following information:
(1) Name, address and telephone number, if any, of the applicant.
(2) Location of the building, stcvcture, or lot to which or upon which the sign
is to be atta.ched or erected and the position of the sign thereon.
(3) Two sealed plans a.nd specifications for the construction and attachment of
the sign, showing stress sheets and calculations for dead load and wind
pressure as required in this article.
(4) Name of person erecting the structure.
(5) Written consent of the owner of the building, structure or land on which
the structure is to be erected.
(6) Any buildi.ng or electrical permit required and issued for the sign;
provided, however, it shall be permissible to have the applicant delay the
a.cquisition of a building or electrical permit until after the applicant has
received conditional approval of all other aspects of his application.
(7) Such other information as the village shall require showing full
compliance with this article and all other laws and ordinances of the
village.
(b) In all applications for permits where a matter of interpretation arises, the most
restrictive intemreta.tion ' shall prevail.
(c) In addition to the requirements set forth in subsection (a) of this secrion, all
proposed signage which is part of an applications for site plan review shall be
submitted to the planning and zoning advisory board for review, and to the village
council for approval as part of the site plan review process as established in article
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IX, division 2 of this chapter. No sign requiri.ng village council approval shall be
permitted until the plans for the sign ha.ve been submitted to the planning and
zoni.ng advisory board and in turn approved by the village council.
(d) �n ad.dition to the reauirements set forth in subsection la) of this section. all
a ica.tions for nronased free standing siana�e which xs not otherwise nart of a
ite nlan review shall be submitted to the nlannin� and zanin� ad.visorv board for
eview and annroval as established at Sea 22-53(bl. No si�n reauirin� nlannin�
and zoninE advisorv board annroval shall be nermitted until the nlans for the sien
ave been submitted to and annroved bv the nlannin� and zonin� advisorv board.
Sec. 78-735. Issuance of permit; ezpiration of permi�
(a) ', LTpon the filing of an applicatioa for
a sign permit, e buildin� official shall. without unreasona.ble or unnecessarv
delav. but in no case lonser than 30 davs, �e examine the plans and specifications
and other da.ta. and the premises upon which it is proposed to erect the sign or
other advertising structure for comnliaance with building codes. electrical codes
d other annlicable tecbnical codes. The annlicant shall be notified immediatelv
v the buildine official of anv deficiencies and the a�nlicant sha11 cor�ect same
rior to the issuance of anv �ermit. The buildin� official's failure to make a
mnliance determina.tion within 30 da.vs shall be deemed to be a determination
of comnliance. Additionallv. the communitv develonment director or desi�nee
s 1. without unreasona.ble or wnnecessarv delav. but in no case lon�er than 30
�vs,_ e�amine the annlicat�on for comnliance with the villa,�e's zoning
e ations. The aunlicant shall be notified immediatelv bv the communitv
evelobment director of anv deficiencies in the annlication and the annlicant s
co ect same nrior to further nrocessin� of the annlication.. The cammuniri
evelonment director's failure to make a comnliance determination within 30
vs shall be deemed to be a determination of comnliance. Unon determining that
e annlication comnlies with the reauirements of this article. the communitv
develanment director sha11 nrocess the annlication for nlanning aad zomin�
advisorv boazd and/or villa�e council review and annroval. as annlicabie. on the
next ava.ilable a.�endas. ��f it shall appear that the proposed sign or structure
is in compliance with a11 the requiremeats of this article and all other provisions
of this code well as the anulicable building and otbex tecbnical codes including
electrical codes, and, where required, the planning and
zoning advisory board or the villa.�e council. as annlicable, has a� approved. s�'d
im or advertising structure. '��� *�° -�"^�-° ^^••�^�', buildine official sh
immediatelv therea.fter issue the permit.
ro�
. A permit issued shall
be construed to be a license to proceed with the work and sha11 not be consirued
as authority to violate, cancel, alter, or set aside any of the provisions of this code
or anv annlicable buildin� or other technical codes includin� electrical codes or
any other regulations of the village, nor sha11 such issuance of a permit prevent
the building official from thereafter requiri.ng a correction of errors in the plans or
in construction, or of violations of this article or other regulations of the village.
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Any permit issued shall become invalid unless the work authorized by it shall
have been commenced within 90 da.ys after its issuance, or if the work authorized
by such permit is suspended or abandoned for a period of six months after the
time the work is commenced. Suspension or abandonment of the work will be
considered to have taken place when a period of six months lapses between
required scheduled inspections. A permit may be revalida.ted for a period of 90
da.ys when just ca.use is given� upoa the payment of an additional fee of 50
percent of the original fee. No refunds of permit fees sha11 be allowed.
(c) Provided the application complies with this article and other applicable
regulations, the building official shall issue a permit for each such sign or
advertising structure, retaini.ng a copy thereof and a copy of the plans of the sign
or advertising structure for his records. Permits sha11 disclose:
(1) The type of sign, or advertising st7ucture
authorized by the permit as well as anv electrical work and other technical
work authorized bv the nermit
(2) The legal description of the property upon wluch the sign, or advertising
structure is permitted to be located and the
name of the owner or lessee of such property.
(3) The loca.tion upon the properiy where the sign, or advertising structure e�
is permitted.
(4) The name of the person constructin� or erecting the sign or advertising
cture
(5) The amount of the fee paid for such permit.
(6) The da.te 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, sha11 pay to the village a permit fee
for each such sign or other advertising structure regulated by this article as set by
resolution of the village council and on file in the village clerk's office.
Sec. 78-737. lY[aintenance �.
Maintenance �,�g of signs and advertisin� structures is required. �
and advertisin� structures shall be maintained at all times in a condition which is safe and
which annears as orieinallv nernutted and/or constructed, erected or installed. This
maintenance reauirement extends to landsca.nin� and irri�ation svstems associated with
anv freesta.ndine or monument sims. Siens tha.t are Aainted sha11, at a minimum, be re-
'nted every two years from the da.te of the issuance of the permit, or more often if
reauired to comnlv with the ma.intenance reauirements of this section
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. Sisn ma.intenance violations shall be
enforced throu�h the code enforcement snecial ma�istra.te nrocess.
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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) Off-premises signs. Signs shall advertise only the structure or business or
land parcel upon which the sign is erected or affixed. Off-premises signs
are prohibited except for temporary open house or �ara�e sale directional
signs and temporary development signs on remote parcels per subsections
78-740(b)(1) and 743(a). Political, reli�ious or nersonal (free-sneechl
si�ns and holidav disnlavs, which contain a non-commercial messaee,
shall not be deemed to be off-nremises siens.
(b) Residential and recreational districts. Signs in residential districts� as-�e��
as the residential portions of mixed 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� � 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
advertisin� a�ermitted �ara�e sale. No off-premises s�e signs
shall be permitted; except, however, ee e�e open house
directional si�. or three gara�e sale directional siens. 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
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subsequent to the sale, rental, or lease. Sale, rental, or lease shall
be deemed to be the date upon which a contract for such sale,
rental or lease is fully executed. Such sign shall be exempt from
any village permitting requirements. Gara�e sale si shall be
removed immediatelv unon the conclusion of the nermitted gara.�e
sale.
(5) xcent as nrovided in subsection (11 above. signs in any R/OP
district shall be allowed. only after ov �e�ie� by the planning
and zoni.ng advisory board nursuant to Sec. 2�-53Cb), or �ge�
approval by the village council in accordance with the site plan
review process as established in article IX, division 2 of this
chapter annlicable.
(6) Places of assembly located in residential districts r the R/OP
district shall be allowed signage as follows:
a Freestanding sign: One freestandi.ng sign shall be allowed,
not to exceed 30 square feet in total area, with a maxi.mum
height of seven feet above finish grade. The sign sha11 meet
the setback requuement of section 78-739. Up to 50 percent
of the approved sign may be used as a changea.ble letter
reader sign. andscaning and irri�ation at the base of anv
such si�na�e shall be reauired. Any such freestanding sign
sha11 be allowed only after annroval � by the planning
and zoning advisory board ursuant to Sec. 22-53Cb1, or
�ge� approval by the village council in accordance
with the site plan review process as established. in article
IX, division 2 of this chapter. as annlicable.
b. Wall sign: Wall-mounted signs shall be allowed, not to exceed 20
square feet in total area, to be constructed using individual raised
letters and/or a metal plaque type sign.
(c) Commercial distj-acts. Signs in C-1, C-2 and C-3 commercial districts, as
well as the commercial areas � of .� mixed use "MU"1 develonment
�s�s sha11 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 cazried out insofar as
is possible. Standard trademark signs ma.y be permitted. provided
they meet the technical requirements of this article and any
applicable requirements of the building and other technical
e�es#�sa� codes including electrical codes. Any freestanding signs
sha11 meet the technical requirements of this article as well as the
aA�licable buildin� and other technical codes includin� electrical
c°aes and shall be allowed only after annro al � by the
planning and zoning advisory boazd uant to Sec. 22-53(bl. or
� approval by the village council in accordance with the
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site plan review process as established in article IX, division 2 of
this chapter. as annlicable.
(2) In commercial districts C-1, C-2, and C-3, as well as the
commercial portions of mixed use districts not including properties
withi.n shopping centers, all wall signs sha.11 meet the technical
requirements as established by this aRicle and shall be permitted
after approval by the building official.
(3) Fixed ceiling-mounted signs on shopping center walkways will be
allowed provided they are at right angles to the building and do not
exceed five square feet in size and do not exceed one per
establishment.
(4) In buildings where establishments use a common doorway or
doorways or do not ha,ve individual door openings and fronta�e to
a st�eet or parking area, the following alterna.tive may be permitted
after approval by the building official: A composite sign for all
tenants not to exceed 60 square feet or a design for display of
individual signs not to exceed three square feet each and not more
than 60 square feet in aggregate.
(5) In commercial districts C-1, C-2, and C-3, as well as the
commercial portions of mixed use districts corner structures of
build.iags with direct exposures to two or more public s�treets or to
a shopping center and a street shall be allowed a sign on each side
of the building exposed to a street or shopping center.
(6) Signs in any commercial district which advertise the sale, rental or
lease of real estate shall not exceed a dimension of 20 square feet.
Such signs sha11 be removed no later than three da.ys subsequent to
the sa1e, rental or lease of the property ad.vertised. Sale, rental or
lease sha11 be deemed to be the date on which a contra.ct for such
sale, rental or lease is fully executed.
Sec. 7&741. Technical requirements.
The following technical requirements shall apply as set farth in this section:
(a) Residential distpicts. Signs in residential districts zoned R-lA, R-1, R-2,
and R-3; �� residential areas of a MU Zoning District. and in the R/OP
's 'c shall follow the provisions of section 78-740(b).
(b) CommeYCial districts. Signs ia 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
buildang or structure, not to exceed 60 square feet in area.
b. Multiple wa11 signs on a buildi.ng frontage or tenant area
may be permitted upon approval by the building official
tha.t do not exceed the m�um square foot area allowed
and ha.ve uniformity with respect to color, style and type of
sign material.
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(2) Freestanding signs.
a. Shopping centers within the C-1 neighborhood commercial
district, as well as the commercial portions of mixed use
districts shall he allowed one freestandi.ng sign, not to
exceed 60 squa.re feet in azea and not to exceed 16 feet in
height from finished grade and ha�ing a minimum setback
of ten feet in accordance with section 78-739. Landscaping
a.nd irrigaxion at the base of any such signage hs�l � be
required by the community development director, or may
be reauired bv the nlanning and zonin� advisorv boazd
nursuant to Sec. 22-53(bl, or sUall. 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
annlicable•
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 beight 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 h�a � be required by the
community developmeat director, or may be r ' bv
e nlannin� and zonine advisorv board nursuant to Sec.
22-53fb1. or shall be recommended by the planning and
zoni.ng 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 annlica,b�e.
des�le.
c. Shopping centers not utilizing additional freestanding
signage or having approved outparcels with approved
freestanding signage within the C-2 commwnity
commercial district having frontage along U.S. Highway 1
sha11 be allowed one freestand.ing 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 �h�l, � be required by the
community development director, or ma.y be ea�
the n�annin� and za ' advisorv board nwrsuant _to Sec.
22-53fb), or shall be recommended by the plannin.g and
zoni.ng 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 cha.pter. as aunlicable.
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des�le. Shopping centers within tb.e C-2 community
commercial district having frontage along U.S. Highway 1
utilizing freestanding signage in excess of 60 square feet in
azea but not to exceed the 100 square feet in area. allowance
as provided in this subsection shall not be permitted any
additional freestanding signs on any lot or parcel
comprising the shopping center or on any outparcel
associated therewith.
d. Additional freestanding signs shall be permitted in
shopping centers wittvn the C-2 community commercial
district having U.S. Highway 1 frontage under the
conditions as follows:
i. Shopping centers with approved. outpazcels, not
utilizi.ng the freestanding signage allowance in.
excess of 60 squaze feet in azea but not to exceed
100 square feet in area as provided for within this
subsection, shall be permitted one freestanding sign
for ea.ch outparcel, not to exceed 45 square feet in
area and not to exceed eight feet in height from
finished grade aaid 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 r ' ec bv the
nlannin� and zonins advisorv board nursuaat to
Sec. 22-53(bL or shall be recommended by the
planning and zoni.ng advisory boazd 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.� licable. ���kke
ii. Reserved.
iii. Shopping centers ha.ving U.S. Highway 1 frontage
in excess of 600 lineal feet, not utilizing the
freestanding sigaage allowance in excess of 60
square feet in area but not to exceed l OQ squaze feet
in area provided for iu this subsection and not
� utilizing any outpa.rcel signage allowed in this
subsection, shall be permitted additional
freestanding signage not to exceed two additional
freestanding signs for each eligible shopping center,
provided that the additional signage sball be located
a minimuttl 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 300 lineal feet from any
other freestanding sign on the proposed shopping
center site shall be prohibited. Any such additional
freestanding signage shall be of the same style and
colors as the other freestanding signs. Any such
additional freestanding signage sha11 not exceed 60
square feet in azea. and shall not exceed 20 feet in
height from finished grade and shall have a
minimum setback of ten feet in accordance with
section 78-739. Landsca.ping and irrigation at the
base of any such signage h� � be required by
the community development director, or may be
eauired bv the nlannin� and zonin� advisorv board
ursuant to Sec. 22-53(b). or shall be recommended
by the planning and zoning advisory board and
required by the village council as part of the site
plan review process as established in article IX,
division 2 of this chapter. as a�Dlicable. �
des�le.
iv. Such additional freestanding signs as may be
allowed shall be constructed in accordance with all
other provisions of this subsection.
e. Esta.blishments not in shopping centers shall be allowed
one freestanding sign under the conditions as follows:
i. Establishments not in a shopping center and located
within the C-1 neighborhood commercial district
shall be allowed one sign per building apart from
the building not to exceed 60 square feet in area and
not exceeding 16 feet in height from finished gra.de
and having a minimuIIl setback of ten feet in
accordance with section 78-739. Landscaping and
irrigation at the base of any such signage hs� �
be required by the community development
director, or may be bv the vla.nning and
oning advisorv boazd nursuant to Sec. 22-53fb1. or
s� 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��
. The sign sha.11 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
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the C-3 general commercial district, shall be
allowed one sign �r buildi.ng 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 accorda.nce
with section 78-739. I.andscaping and irrigation at
the base of any such signage �h�l. � be required
by the community development director, or may be
eauired bv the nlannin� and zaninE ad.visorv board
ursuant to Sec. 22-53Cb1. 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, �eae�e�
�es�e. The sign shall be located within the
middle one-third of the property fronti.ng on the
public street.
(3) Changeable letter signs. Changeable letter signs are prohibited
except for the reader portions of theaxer signs, menu boards for fast
food, drive-in or camout restaurants, i aces of assemblv
vertisin� such nlaces' current activities and events. fuel nrice
' ormation siens. buildin� directorv siQns and ti.me and
emnerature siens. and where specifically exempted or allowed by
state law, Qr this code
Sec. 78-742. Ezemptions.
The following signs shall be exempt from the permitting requirements set forth in
this arkicle:
(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 applica.tion to and approval by the building official.
(d) Signs denoting the architect, engineer, contractor or developer when
placed upon work under construction, and not exceedi.ng 16 squaxe 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 azea.
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(� 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 ma.terials.
(g) Lettering on windows not to exceed three inches in height per letter,
indicati.ng the occupant of the office and the na.ture of business.
(h) Signs that may be required by any agency of the state or fed.eral
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 ca.ution signs such as "No Smoki.ng" signs near flammable
materials.
(k) Paper or other temporary signs may be affixed or othervvise atta,ched to or
displayed within glass display wi.ndows 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, tha.t not more than one
such sign sha11 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 siens mav be disnlaved for a maximwn of 45 consecutive
davs• The foregoing sha11 not probibit the use of tags or placazds, when
such are directly adjacent to or attached to merchandise displayed for sa1e;
provided, however, that the size and number of such signs are aesthetically
in keeping with the display window or buildi.ng.
(1) Those t m� signs described in subsection 78-740(b)(1), �
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advertising the sa1e, lease or
rental of the lot on which the sign is located. advertisin� nermitted �ara�e
s es and advertising an open house �ec-�iea�sig�, a11
pursuant to the regulations set forth therein.
(m)Temporary commercial signs , a maximum size
of six square feet, to be placed in store-front windows, for a maximum
period of 45 �8 da.ys from date of applica.tion for a p�rmanent sign. Such
tempora�y signs are required to be removed when the permanent sign is
installed or no later than 45 �A da.ys after insta.11ation of the temporary
sign, whichever is sooner.
nl Sandwich board sims. no lar�er than 36" tall x 24" wide. located adiacent
to the business storefront and no fiuther than five (51 feet from the
usiness entrance. which do nat interfere with sidewalk access bv
nedestrians or violate buildin� code a.ccessibilitv reauirements. All suc
signs shall be removed at the end of each business da.v and stored indoors.
e nlacement of anv such si�n is at the owner's risk: and the owner shall
defend. indemnifv and hold harmless the villa,�e from anv and all liabilitv
ssociated with the �lacement of such si�n on or adia.cent to a sidewalk or
ther nedestrian or nublic wav. The villaee sha.11 have the right to cause
e removal of anv such si�n that obsiructs safe nublic nassase or that is '
vi lation of buildi.n� code accessibilitv reauuements.
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� er temnorazv sisns. includi.n� si�ns atherwise nermitted in coniunction
w�th a snecial event sisns of a nolihcal. reli�ious or nersonal (free-sDeechl
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 permits sha11 be granted for a
period of six months only. Applications for renewal must be made again to the
building official and such renewal shall be for a six-month period. Only one such
sign shall be permitted on ea.ch street frontage, not to exceed 32 square feet in
azea. or exceed 12 feet in height above grade, and the sign shall meet the setback
requirement of this article. The limita.tions withi.n this article prohibiting off-site
signage shall apply to the temporary signs described in this subsection; except,
however, if the subdivision for which the sign is intended. is geographically
isolated from vehicular traffic, and where the applicant can provide suffcient
proof to the villa.ge 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 accepta,ble to the village council. and with the exnress written
�Anraval of the off-site nranertv owner. Such signage sball be subject to review
by the planning and zoning advisory boazd and approval by the vill�ge council in
accorda.nce with the site plan review process as established. in article IX, division
2 of this chapter. Applications for renewal beyond the initial six-moath temporary
period sha11 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 permitted only at
entrances of developments or projects upon approval by the building official.
Such signs shall not exc�ed 15 square feet in area, shall not exceed six feet in
height above grade, shall not exceed the height of the wall or fence on which they
are installed, and shall meet the setback requirements of this article.
Sec. 7&744. Unsafe, unlawful or nonconforming si�ns.
(a} Unsafe or unlcawful signs. When, upon inspection by the building official t�eh
code comnliance afficer or anv other authorized villa�e nersonnel. any sign is
found o.�b.� unsafe or insecure, not properly mainta�ined, constructed or erected, in
a dilapidated or hazardous condition, or erected without first obtaining a pro�r
perm.it, the owner sha11 be otified of the violation and reauired to cure such
vio�ation. Failure to comnlv shall result i t he case bein� brou befoze the code
ea��orcement snecial magistrate �l �* °°� �a �°°„�° „ a ^�
�
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(b) Removal of sign advertising discontinued bztsiness. When a business or service
using an identifica#ion or advertising sign is disconti.nued, all signs and sign
structures relating to the business or service sha11 be removed by the owner of the
property on which the sign is located within ten days from the date of
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discontinuance. ailure to comnlv shall result in the case bein� brought before
e code enforcement snecial maQistrate
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(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 azticle, shall hereafter be termed
nonconforming.
(2) All nonconforming signs witliin the village or within an area. annexed to
the village that are not temnorarv si�ns. shall be removed or�
c nform with the reauirements of this article prior to the expiration of v�2
� eae�e� after the date of passage of the ordinance from which this
article is derived or after annex$tion, whichever applies. �ll
a conformin� sims within the villa�e or within an area annexed to the
e tbat aze temnorarv siens. shall be removed or mad to confo
with the reauirements of this article within 45 davs after the date of
nassage of the ordinance from which this article xs derived. or after
amnexation wluchever annlies.
(3) The period of time for removal o conformance shall begin upon the
passage of the ordinance from wluch this article is derived for signs within
the village and upon the effective da.te 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 nonconformi.ng si� exists.
(d) Conforming and nonconforrraing 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 �
onform with the reauizements of this article ee�€e�.
Sec. 7&745. Prohibitions in all zoning istricts ee�egei�es.
(a) Blanking or reflective 'Z r' �te signs. No blinking, flashing, intermittent,
animated or reflective type signs �,llumina.tion shall be permitted. Rather. si�
' umination � must be constant in intensity �a� with a soft
and muted effect.
(b) Signs extending above roof height. No sign sha11 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) Outdine lighting. No neon tubing or other lineal use of lighting in outlini.ng either
the sign or the buildiag or structure shall be permitted.
(d) Painted wall signs. No painted wall signs shall be permitted. Lettering on wa11s
must be of ra.ised design.
(e) Signs on vehicles. Anv si�n � attached to or placed on a vehicle (including
trailers) that is not beine reeulazlv used in thhe conduct of the business beine
ve ' e shall be prohibited. v' e
15
not be considered "reeularlv used in the conduct of the business" if the
velucle is used nrimarilv (i) for ad.vertisinE. or (iil for the numose of advertising,
This provision is not to be construed as prohibiting the identification of a firm or
its principal products on a se�e� vehicle o ck with no more than three-
auarters to�a za.ted canac�tv. which is currentiv licensed. insured and onerable,
operating during the normal hours of business. and which is not narked ius anv
narki.n� snace narkins area, or the nortion of a Aazking lot located adiacent to anv
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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. such velucles shall be nazked sa thev are not visible fra
v street or right-of-wav after normal hours of business. All such vehicl shall
so comnlv witb the narking re�ulations at chanter 46. article III divisions 2.
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(g) Signs on wandows or doors. Signs on shop windows, display wi.ndows, or doors or
other windows shall be subject to the followi.ng: Permanent signs shall be
penmitted to be erected or painted upon any window or door as provided for in
this article. A.ny such sign permitted shall be part of the overall sign azea
permitted and shall not exceed 30 percent of the window or door area�
(h) Outdoor merchandising displays. No outdoor merchandising display outdoor
Alacement of samnle �oods or merchandisin� ma.terial, e� banners, r or
utter fla�s. or outdaor �ortable siens or a.dvertising dis 1� efi����g
�er� shall be permitted., excent for sandwich boards which are r�ermitted
ursuant to 78-742(n). sians that are annroved in. coniunction with a snecial event
ermi.t� or sisns that are annroved bv the villa.�e mana.�er for un to ,45 davs�'
coniunction with new business
openi.ngs, 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. Nothing in this nart shall be
to nrohibit the nlacement of decorations or accessories alon� a
ont or other ad.iacent azea for the nuroose of aesthetics and annearauce. sa
long as such nieces do not interfere with sidewalk access bv nedestrians or violate
' in� code accessibilitv reauirements.
(i) Reserved paYkang space signs. No signs identifying or designafiing pazki.ng 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-pYemises oY billboard signs. No off-premises or billboazd signs shall be
permitted except as set forth at subsection 78-740(a)�
(k) Signs placed on public pYOperty. 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 ha.ving jurisdiction over the applicable pro�rty;
(1) Moving � anamated signs. No signs in motion, including swinging, rotating or
revolving signs. or sims conta.inin� video tvne ima�erv shall be permitted;
(m)Official signs. No signs which copy or imita.te official signs or which purport to
have official status shall be permitted;
(n) Signs with illegal messages. No signs which display any obscene or illegal written
or graphic message shall be permitted;
(o) Sign,s intepf'ering with buildings. No signs which obstruct or interfere with any
door, fire exit, stairway, la.dder or opening intended to provide light, air, ingress or
egress for any building shall be permitted;
(p) Signs creating traffic safety or fire hazards. No signs which constitute a traffic
safety or fire hazard, by reason of size, location, coloring or method of
illumination, which obs(ruct 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 chazacter in such
a manner as to interFere with, mislead or confuse tx�c shall be permitted;
17
(� Cube signs. No cube sign or advertising structure comprised of four faces, with
copy on three or more faces sha11 be permitted;
(r) Aircraft search lights. No aircraft seazch lights promotiag, advertising, or
bri.nging attention to a business, enterprise, or event shall be permitted, unless
approved in conjunction with a special events permit.
(s) make. noise and odor. No si�n which emits a.nv noise. or anv odor. or anv
v' ible smoke or vanor narticles shall be nermitted.
Sec. 78-746. Decorative '�,� signs and architectural li�hhtin�.
The use of ' raised letteri.ng or designs in or on the
wa11s of a buildin�d which are integrated into the total decor of the buildin anc �i h�
e of architectural li�htin� may be allowed ins�niunctian with the site ulan annroval or
odificatian nrocess
Sec. 78-747. Flags and fla�nol� .
One flasnole uer sin�le nronertv sb.a11 be nerm.itted. Flaenoles shall not exceed 25
eet in hei�ht. One (11 fla.� ner nole sha11 be benaai.tted. For fla�noles less than 20 feet in
hei�ht the fla.g shall not exceed 24 saua.re feet with maatimum dimensians of 4 feet x 6
eet. For flagnoles between 20 feet and 25 feet in hei�ht the fla.� shall not exceed 40
sQUate feet with maximu.m dimensions of 5 feet x 8 fee� The villa�e council mav
anurove additional fla�rooles un to a maximum o� three on anv single �ronertv.
o ensurate with the size of the nronertv unon which the flagooles are to be erected.
Th village council ma.v annrove increases in flagoole o� fla� size. commensurate with
the size of the nronertv unon which the fla�nole is to be erected. �e�
, •
Sec. 78-748. Tem�orarv siffis
(a) Tem rarv siens are those sims that aze not intended or not constivcted for
nermanent nlacement nursuant to the technical reauirements of this article. as well
as the village's building aad other technical codes. includin� electrical codes.
emnorarv siens are exemnt from the nermittin� nrocess reauired of nermanent
s' Aursua.nt to this article: however. temnorarv sisns shall comnlv with the
reauirements of this section and those otlner sections referenced herein.
Temnorarv siens allowed in the villa.�e are those tha.t advertise the sal.e. �ease or
rental of the lot or tbe imnrovements thereon. or that advertise a nermitted �ara.ge
al.e, or tha.t advertise an onen house. a11 as more narticularlv described in Sec. 78-
40(b)(11: si�ns othervvise nermitted as�a.rt of a snecial event: temnorarv
commercial si�ns as more narticulazlv described in Sec. 78-742(k) and (ml:
uolitical. reli�ious or nersonal (free-sneechl siens: and holidav disnlavs. Outdaor
erchandising disnlavs shall comA�v with the reauirements of Sec. 78-745(hl.
Political. reli�ious and nersonal (free-sneech) temnorarv signs shall be nermitted
' an exnosed area of not more than six sauare feet. Such sisns that refer to a
nafi.cular election. event or other snecific ma.tter shall be removed within seven
18
�iavs after said election. event or other snecific ma.tter. Holida.v disnlavs shall
likewise be removed within seven da.vs from the conclusion of the holidav. No
-- - - - -
mnorarv si�n sha.11 be nlaced in anv nublic ri�ht-of-wav or on anv �aublic
ronertv. No temnorarv sien sha11 be nlaced in a location. as determined bv the
' a.�e mana.�er or his desienee. in such a ma.nner as to constitute a safetv hazard
or hindrance to nedestxian or vehicular traffic.
(b) .�Tatv�ithstanding the foresoinE, the villa�e mana.�er mav authorize the nlacement
'thin a ri�ht-of-wav of temnorarv signs identifvin� bv name onen businesses
iacent to on�oing road construction. Anv such sim shal� comnlv with FDOT or
o er annlicable standards re�ardin� letterin�. size, material and nlacement.
(c) The failure to remove a temnarairvv sien uursuant to the nrovisions of this sectio
shall subiect the nrouerlv owner unon whose nronertv the si�n is located to code
enforcement nroceedin�s nursuant to article IV of cha.Ater 2. Ea.ch da.v that a
mnorazv si�n remains in violation of this section shall be deemed to 1oe a
senarate offense.
ec. 78-749. �ond and Gabilitv instira�nce for si�n contractors .
All sxen contractors shall nroduce e vidence to the villa.�e that thev carrv insurance
d suretv bonds in the amounts and tvaes as reauiared for licensin� and certification in
corda.nce with F.S. ch. 489. as mav be amended from time to time. �e
> >
fi�e�eg�y-e�ae�
Secs. 7&�5Q �4A-7&770. Reserved.
Section 2: Each and every other section and subsection of Chapter 78. Zoning. sha11
remain in full force and effect as previously enacted.
Section 3: All Ordinances or parts of Ordi.nances in conflict herewith be and the same
are hereby repealed.
Section 4: Should any Section or provision of this Ordi.nance or any portion thereof,
any pazagraph, senteace 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 Ordi.nance.
Section 6: This Ordinance sha11 become effective immediately upon passage.
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