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HomeMy WebLinkAboutDocumentation_Regular_Tab 10_06/12/2014 VILLAGE CLERK'S OFFICE AGENDA ITEM TRANSMITTAL FORM Meeting Date: Meeting Type: Regular Ordinance #: Ord 34-13, Second Reading 6/12/14 Consent Agenda: No Resolution #: Originating Department: Legal � �` •• • • - : -• • -�• ORDINANCE NO. 34-13, SECOND READING, 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 � . . -. Account #: Amount of this item: Current Budgeted Amount Available: Amount Remaining after item: Budget Transfer Required: Choose an Appropriate Fund Balance: Choose an item. • ' •' ,� • •- • • • .s� s. . - � . . Department Head Submitted by Legal Finance Director or Representative� Reviewed for Financial Sufficiency No Financial Impact ❑ Attorney: (for legal sufficiency) Village Manager: �, Submit for Council Discussion: � Approve Item: ❑ Deny Item: � • • - . • - _. -- - • -• s- - • .- - •- • •• - • • -• . • • . - • - - - • - Form Amended: 3/14/14 ORDINANCE NO. 34-13 AN ORDINANCE OF THE VII.,LAGE COUNCIL OF THE VII.,LAGE OF TEQITESTA, FLORIDA, AMENDING CHAPTER 78. ZONING. ART. XI. SIGNS. BY UPDATING INTENT AND PURPOSE EXPLANATIONS, PROVIDING TIlVIE LITVIITS 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 OTI�R SECTION AND SUB-SECTION OF CAAPTER 78. ZONING. SAALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTI30RITY 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 ta.kings; 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 VII..LAGE COUNCIL OF TAE VII.,LAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1: Cha.pter 78. Zoning. of the Code of Ordinances of the Village of Tequesta is hereby amended at Art. XI. Signs, by updati.ng intent and purpose explana.tions, providing time limits on the permitti.ng 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, sha11 hereafter read as follows: ARTICLE XI. SIGNS -- - - ----______—_____... --------- - --- ----,---------_.- --------- __ __-_�__'_-___---_--_ Sec. 78-731. Intent and �urnose. Sec. 78-732. Prohibited signs eg nerally_ Sec. 78-733. Permit required; ap licability of buildin� and electrical codes. Sec. 78-734. Applica.tion for permit• Sec. 78-735. Issuance of nermit: expiration of permit. 1 Sec. 78-736. Permit fee. Sec. 78-737. aintenance �. Sec. 78-738. Wind nressure and dead load. requirements. Sec. 78-739. Setbacks. Sec. 78-740. General restrictions; maximum size and number of si n�s. Sec. 78-741. Technical requirements. Sec. 78-742. Exemptions. Sec. 78-743. Subdivision and development si n�s. Sec. 78-744. Unsafe, unlawfiil or nonconforming si n�is. Sec. 78-745. Prohibitions in all zonin 'stricts e�ege�s. Sec. 78-746. Decorative int��ra.ted signs and architectural lightin�. Sec. 78-747. Fla.�s and fla.�noles Sec. 78-748. Temnorarv si�ns ��se�ec��. ec. 78-749. Bond and liabilitv insurance for si�n conha.ctors. Secs. 78-750 �4•9--78-770. Reserved. Sec. 78-731. Intent and nurnose. (a) It is the e e intent numose of this article to promote and protect the public health, safety, � general welfare bv re�ulatin� and limiting the existin� and rouosed nostin�. disnlay. erection. use and maintenance of sisns and other forms f vertisin� structures within the villa�e. (b) necificallv, the resulations contained in this article are intended to nrotect and preserve the aesthetics of the village, nrotect nro�erlv values, crea.te a_more attractive economic and business climate. enhance and nrotect the nhvsical a earance of the communitv. �reserve the scenic and natural beautv of th villa,�e. nrovide more anen snace and nrovide a more eniovable and nleasin� communitv , , � (c) The regulations contained in this article are �t—�s further intended. to � � 9 f , 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 comrvicercial sneech. Notwittb.standin� anvthin� contained in tlus asticle to the contrarv. anv si�n or advertisin� structure rected �ursuant to the nrovisions of this article mav. at the ontion of tlae owner, contain either a non-commercial messa�e unrelated. to the business located on the emises where tlie si�n is erected or a commercial messa.�e. The non-commerci essase mav occunv the entire sieci face or anv nortion thereof. The_si face av be chan�ed from commercial to non-commercial messa�es. or from one oncommercial messa�e to another, as freauentiv as desired bv the owner of the im. nrovided that the size and design criteria contained in� this article ha.ve been satisfi 2 (e) Content neut�alitv as to sign message (viewvoint). Notwithstandin.� anvthin� contained in this article to the contrarv. no sx�n or advertisin� structure sha11 be subiect to anv limita.tion based unon the content (viewcwintl of the messa.�e contained on such sisn or disnlaved on such sisn or advertisin� structure. Sec. 78-732. Prolubited signs generally. No signs sha11 be permitted in the village except those specifically allowed by this article. Sec. 78-733. Permit required; appGcability of building and electricat codes. It shall be unlawful for any person to erect, repair, alter, reloca.te or maintain within the village any sign or other advertising stru.cture as defined in this chapter without first obtaining all required annrovals a.nd permits from the villa�e council. the nlannin� d zoning advisorv board. the communitv develonment deuarttnent and/or the building official as an�licable, and making payment of a fee as set bv resolutiom of the villa�e council and on file in the villa�e clerk's office as �rovided at Sec. 78-736 ���e �age. In addition to the reauirements of this article, a11 sigas shall be subject to the provisions, permit fees, and inspection requirements of the village's building and other technical codes, including electrical codes. Sec. 78-734. Application for permi� (a) Applications for sign permits shall be ma.de upon proper forms provided by the communitv develonment denartment and/or the building official and shall contain or have atta.ched thereto the following information: (1) Name, address and telephone number, if any, of the applicant. (2) Location of the building, stsucture, or lot to which or u�n which the sign is to be attached or erected and the position of the sign thereon. (3) Two sealed plans and specifications for the construction and attachment of the sign, showi.ng stress sheets and calculations for dead load and wind pressure as required in this article. (4) Name of person erecti.ng the structure. (5) Written consent of the owner of the building, structure or land on which the structure is to be erected. (6) Any building or electrical 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 require showing full compliance with this a.rticle and all other laws a.nd ordinances of the village. (b) In all applications for permits where a matter of interpreta.tion arises, the most restrictive intemretation �� shall prevail. (c) In addition to the requirements set forth in subsection (a) of this section, all proposed signage which is part of an applications for site plan review sha11 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 3 IX, division 2 of this chapter. No sign requiring village council approval sha11 be permitted until the plans for the sign have been submitted to the planning and zoni.ng advisory board and in turn approved by the village council. (d) In addition to the reawizements set forth in subsection (al of this section. all nnlications for nrouosed free standin� si�nage which is not otherwise nart of a ite nlan review shall be submitted to the nlanni.n:g and zonin� advisorv board for review and aunroval as established at Sec. 22-53(b). No sim reauizin� nlannine and zonin� �.clvisorv board annroval sha11 be nermitted unti.l the nlans for the siQn ave been submitted to and annroved bv the nlannin� and zoning advisorv board. Sec. 78-735. Issnance of permit; ezpiration of permit (a) ', �on the filing of an application for a sign permit, the buildin� official shall, witb.out unreasonable or unnecessarv delav, but in no case longer than 30 da.vs. �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 or comnliance with buildin� codes. electrical codes and other annlicable technical codes. The annlicant shall be notified immediatelv b the buildin� official of anv deficiencies and the annlicant shall conect same rior to the issuance of anv nermit. The buildine official's failure to make a comnliance determinatian within 30 davs shall be deemed to be a detearmination of comnliance. Additionallv. the communitv develonment director ar desisnee �hall, without unreasona.ble or unnecessarv delav. but in no case longer than 30 davs. examine the a�licarion for comnliance with the villase's zonin� e ations. The annlicant shall be notified immediatelv bv the communitv evelonment director of anv deficiencies in the annlicatiom and the annlicant shall correct same nrior to further nrocessing of the annlication. The communitv evelonment director's failure to make a comnliance determination within 30 da.vs shall be deemed to be a determination of comAliance. Unon determinin� that the annlication comnlies with the areauirements of this article. the communitv develonment dixector shall nrocess the annlication for nlannin� and zoni.ng advisorv board and/or villaee council review and annroval. as annlicable. on the next available a�endas. �� �f it shall appear that the proposed sign or structure is in compliance with all the requirements of this a.rticle and all other provisions of this code well as the annlicable buildin� and other technical codes includin� electrical codes, and, where required, .h�e planning and zoning advisory board or the villa.�e council, as annlicable. has � approved s�' siEn or advertisine structure. ', the building of£icial shall immediatelv thereafter issue the permit. ro� , . A permit issued shall be construed to be a license to proceed with the work and shall not be construed as authority to violate, cancel, alter, or set aside any of the provisions of this code or anv annlicable buildin� or other technical cod.es includine electrical codes or any other regulations of the village, nor shall such issuance of a permit prevent the building official from thereafter requiring a correction of errors in the plans or in construction, or of violations of this article or other regulations of the village. 4 Any permit issued shall become invalid unless the work authorized by it shall have been commenced within 90 days after its issuance, or if the work authorized by such 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 six months lapses between required scheduled inspections. A permit may be revalida.ted for a period of 90 da.ys when just cause is given� upon the payment of an additional fee of 50 percent of the original fee. No refunds of permit fees sha.11 be allowed. (c) Provided the application complies with this article and other applica.ble regulations, the building official shall issue a permit for each such sign or a.dvertising structure, retaining a copy thereof and a copy of the plans of the sign or advertising structure for his records. Permits shall disclose: (1) The type of sign, 2 advertising structure authorized by the permit. as well as anv electrical work and other technic work authorized bv the nermit (2) The legal description of the property upon which the sign� Qr advertising structure is permitted to be located and the name of the owner or lessee of such property. (3) The location upon the property where the sign, or advertising siructure e� is permitted. (4) The name of the person constructin� or erecting the sign or advertisin� c r • (5) The amount of the fee paid for such permit. (6) The date of issuance. Sec. 78-736. Permit fee. In a.ddition to any other applicable building permit fees which may be required, every applicant, before being granted a sign permit, shall pay to the village a permit fee for each such sign or other advertising st�ucture regulated by this article as set by resolution of the village council and on file in the village clerk's office. Sec. 78-737. �aintenance ��g. Maintenance �g of signs and advertising s�uctures is required. i s d advertisin� structures sha11 be maintained at all times in a condition which is safe and w'ch annears as ori�inallv nermitted andlor constructed. erected or installed. This aintenance reauirement extends to landscanin� and irri�ation svstems associated wz v freestandin� or monument si�ns. Si�ns that aze nainted shall at a minimulri be re- i�e� every two years from the date of the issuance of the permit, or more often if re ' ed to comnlv with the maintenance reauiremeats of this sectio ��• , . Sien maintenance violations sha11 be nforced throu�h the code enforcement snecial ma�istrate urocess. 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) 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 �araEe sale directional signs and temporary development signs on remote parcels per subsections 78-740(b)(1) and �43(a). Political, reli�ious or nersonal (free-sneech) si�ns and holidav disblavs, 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� �s�uve-l� a� 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 advertisin� a permitted �ara�e sale No off- premises s�e signs shall be permitted; except, however, ee e�e open house directional sig;t�s. or three gara.�e sale directional si�ns. 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 shall be deemed to be the date upon which a contract for such sa1e, rental or lease is fully executed. Such sign shall be exempt from any village permitti.ng requirements. Gara�e sale sisns shall be zemoved immediatelv unon the conclusion of the nermitted Eara�e � (5) Excent as nrovi.ded in subsection (11 above. signs in any R/OP district shall be allowed only after ov � by the planning and zoning advisory boazd 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 applicable. (6) Places of assembly located in residential distxicts or the R/OP ''ct shall be allowed signage as follows: a. Fpeestanding sign: One freestanding sign shall be allowed, not to exceed 30 square feet in total area, with a maximum height of seven feet above finish grade. The sign sba.11 meet the setback requirement of section 78-739. Up to 50 percent of the approved sign may be used as a changea.ble letter read.er sign. La.ndscaninQ and inrisation at the base of anv h si�na�e sha11 be reauired. Any such freestanding sign shall be allowed only after r v � by the planning and zoning advisory board pursuant to Sec. 22-53(bl. or �-�e$ approval by the village council in accordance with the site plan review process as established in article IX, division 2 of tbis cha.pter. 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 ra.ised letters andlor a metal plaque type sign. (c) Commercial districts. Signs in C-1, C-2 and C-3 commercial districts, as well as the commercial areas �e�eas of � mixed use ("MU") develonment �s�s shall be subject to the following: (1) In shopping centers, the size, design and location of wall signs shall meet the technical requirements as established by this Code and shall be permitted after approval by the buildin.g official. Uaiformity and proportion of design sha11 be ca.rried out insofaz as is possible. Standard trademazk signs ma,y be pernutted. provided they meet the technical requirements of this article and any applicable requirements of the building and other technica.l e�es�is� codes it�cluding electrical codes. Any freestanding signs shall meet the technical requirements of this arricle as well as the a�Alicable building and other teck�nical codes includin� electrical co s and sha11 be allowed only after �� by the planning and zoning advisory board ursuant to Sec. 22-53(bl. or � approval by the village council in accordance with the 7 site plan review process as established in article IX, division 2 of this chapter, as anplicable. (2) In commercial districts G1, C-2, and C-3, as well as the commercial portions of mixed use districts not including properties within shopping centers, all wall signs shall meet the technical requirements as established by this article and shall be permitted after approval by the building official. (3) Fixed ceiling-mounted signs on shopping center walkways will be allowed provided they are at right angles to the building and do not exceed five square feet in size and do not exceed one per establishment. (4) In buildings where establishments use a common doorway or doorways or do not have individual door openings and frontage to a street or parking area, the following �'� 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 G1, C-2, and C-3, as well as the commercial portions of mixed use districts corner structures of buildings with direct exposures to two or more public streets or to a shopping center and a street shall be allowed a sign on each side of the building exposed to a street or shopping center. (6) Signs in any commercial district which advertise the sale, rental or lease of real estate shall not exceed a dimension of 20 square feet. Such signs shall be removed no later than three days subsequent to the sale, rental or lease of the property advertised. Sale, rental or lease shall be deemed to be the date on which a contract for such sale, rental or lease is fully executed. Sec. 78-741. Technical requirements. 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; in a� residential areas of a MU Zoning District and in the R/OP district shall follow the provisions of section 78-740(b). (b) Commercial districts. Signs in commercial districts G1, G2, and C-3, as well as the commercial portions of mixed use districts shall be subject to the following: (1) Signs on buildings. a. One sign per establishment shall be permitted on the building or structure, not to exceed 60 square feet in area. b. Multiple wall signs on a building frontage or tenant area may be permitted upon approval by the building official that do not exceed the maximum square foot area allowed and have uniformity with respect to color, style and type of sign material. However. multinle wall signs shall not be 8 nermitted on buildings where establishments use a common doorwav or doorwavs or do not have individual door onenin�s and fronta�e to a street or narkin� area. Instead, a comnosite si�n shall be nermitted nursuant to Sec. 78- 40 4. (2) Freestanding signs. a. Shopping centers within the C-1 neighborhood commercial district, as well as the commercial portions of mixed use districts shall be allowed one freestanding sign, not to exceed 60 square feet in area and not to exceed 16 feet in height from finished grade and having a minimum setback of ten feet in accordance with section 78-739. Landscaping and irrigation at the base of any such signage shall � be required by the community development director, or may be reauired bv the nlannin� and zonin� advisorv board pursuant to Sec. 22-53(bl. or shall be recommended by the planning and zoning advisory board and required by the village council as part of the site plan review process as established in article IX, division 2 of this chapter�as anplicable „�,o„o..o,. +�,o �.,,,a�,.,,�;,,,. „a ,,,,.;,,,, ,.,,��;ao,.oa ao�;,.,,�.�o b. Shopping centers within the C-2 community commercial district and the C-3 general commercial district shall be allowed one freestanding sign, not to exceed 60 square feet in area and not to exceed 20 feet in height from the finished grade and having a minimum setback of ten feet in accordance with section 78-739. Landscaping and irrigation at the base of any such signage shall � be required by the community development director, or may be reauired bv the nlannin� and zonin� advisorv board nursuant to Sec. 22-53(bl, or shall be recommended by the planning and zoning advisory board and required by the village council as part of the site plan review process as established in article IX, division 2 of this chapter, as annlicable. �e�e�=�t�x,�e-��---a�,�i��c�----a�v �;ao,.va �o ���v ���. c. Shopping centers not utilizing additional freestanding signage or having approved outparcels with approved freestanding signage within the C-2 community commercial district having frontage along U.S. Highway 1 shall be allowed one freestanding sign, not to exceed 100 square feet in area and not to exceed 20 feet in height from finished grade and having a ten-foot minimum setback in accordance with section 78-739. Landscaping and irrigation at the base of any such signage shall �a} be required by the community development director, or may be reauired bv 9 the nlanning and zoning advisorv board nursua.nt to Sec. 22-53(bL or shall be recommended by the planning and zoning advisory board a.nd required by the village council as part of the site plan review process a.s esta.blished in article IX, division 2 of this chapter. as annlicable. �i�a�le. Shopping centers within the C-2 community commercial district having frontage along U.S. Highway 1 utilizing freestanding signage in excess of 60 square feet in area. but not to exceed the 100 squa.re feet in area allowance as provided in this subsection shall not be permitted any additional freesta.nding signs on any iot or parcel comprising the shopping center or on any outparcel associated therewith. d. Additional freestax�ding signs shall be permitted in shopping centers within the C-2 community commercial district ha.ving U.S. Highway 1 frontage under the conditions as follows: i. Shopping centers with approved outparcels, not utilizi.ng the freestanding signage allowance in excess of 60 square feet in area. but not to exceed 100 square feet in area. as provided for withi.n this subsecrion, shall be permitted one freestanding sign for each outparcel, not to exceed 45 squa.re 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 sh�a 1� be required by the community development director, or may be reauired bv the nlannin� and zonin� advisorv board nursuant to ec. 22-53(bl. or shall be recommended by the planning and zoning advisory board and required by the village council as part of the site plan review process as established in article IX, division 2 of this chapter. as annlicable. •�•�"°� � +'�° ii. Reserved. iii. Shopping centers having U.S. Highway 1 frontage in excess of 600 li.neal fe�t, 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 permitted additional freestanding signage not to exceed two additional 10 freestanding signs for each eligible shopping center, provided that the additional signage shall be loca.ted a minimum of 300 lineal feet from any other freestanding sign withi.n the shopping center. Any proposed additional freestanding sign not separated 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 shall not exceed 60 square feet in area and shall not exceed 20 feet in height from finished gra.de and sha11 ha.ve a minimum setback of ten feet in accordance with section 78-739. Landscaping and irrigation at the base of a.ny such signage s� � be required by the community development director, or may be reauired bv the nlanning and zoning advisorv board pursuant to Sec. 22-53(bl, or shall be recommended by the pla.nning 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. � des�le. iv. Such additional freestanding signs as ma.y be allowed shall be constructed in accordance with all other provisions of this subsection. e. Establishments not in shopping centers shall be allowed one freestanding sign u.nder 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 grade and having a minimum setback of ten feet in accorda.nce with section 78-739. Landscaping and irrigation at the base of any such signage hs�ll � be required by the community development director, or may be eauired bv the nlannin� and zonin� advisorv board nursuant to Sec. 22-53(bl. or shall e recomaiended 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 cha.pter�s lanA icab�e. 11 . 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 withi.n the G2 community commercial district or the C-3 general commercial district, shall be allowed one sign per building apart from the buildi.ng 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� � be required by the community development director, or ma.y be reauired bv the tilannin� and zoning advisorv boa�d pursuant to Sec. 22-53(bl, 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 chapter. as anz�lica,ble. �1ae�+e� �es�e. The sign shall be located. witUin the middle one-t�ird of the property fronting on the public street. (3) Changeable letter signs. Changeable letter signs are prohibited except for the reader portions of theater signs, menu boards for fast food, �irive-in or carrvout restaurants, i at nlaces of assemblv vertising such Dlaces' current acbivities and events. fuel �rice informa.tion siens. buildine directorv siens a.nd time and temnerature si�ns. and where specifically exempted or allowed by sta.te law, or this code � • Sec. 78-742. Ezemptions. The following signs shall be exempt from the permitting requirements set forth in this article: (a) Professional nameplates. (b) Signs on residential property designating the owner's name or na.me of home not to exceed one square foot in size. (c) Control signs such as those designating exits, entrances or no trespassing, not to exceed two square feet in size; provided, however, signs of a larger size, which clearly serve the public interest and safety, may be permitted upon application to and approval by the building official. (d) Signs denoting the architect, engineer, cont�actor or developer when placed upon work under constr�zction, and not exceeding 16 square feet in 12 area; provided, however, such signs must be removed within three da.ys after the issuance of a certificate of occupancy. (e) Occupational signs on or near to a ma.in entrance deaoting only the name and profession of an occupant in a commercial building or public institutional building and not exceeding six square feet in area. (� Memorial signs or tablets, na.mes of buildings and date of erection when cut into any masonry surface or when constructed of bronze and other i.ncombustible materials. (g) Lettering on windows not to exceed three inches in height per letter, indicating the occupant of the office and the nature of business. (h) Signs that ma,y be required by any agency of the state or federal government. (i) Traffic or other municipal signs, legal notices, railroad crossing signs, danger and other such tem�rary, emergency or non commercial signs. (j) Safety or caution signs such as "No Smoking" signs near flammable materials. (k) Paper or other temporary signs ma.y be affilced 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 tha.n 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. uch temnorarv si�ns mav be disulaved for a maximum of 45 consecutive a s. The foregoing shall not prohibit the use of tags or placards, when such are directly adjacent to or atta.ched to merchandise displayed for sa1e; provided, however, that the size and number of such signs are aesthetically in keeping with the display window or building. (1) Those II1D0?ATV sigas described in subsection 78-740(b)(1), �s� > > > advertising the sale, lease or rental of the lot on which the sign is located. advertisine nermitted gara�e � and advertising an open house ��, all 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 days from date of application for a permanent sign. Such temporary signs are required to be removed when the permanent sign is installed or no later than 45 �A da.ys after installation of the temporary sign, whichever is sooner. n) Sandwich board si�ns, no lar�er than 36" tall x 24" wide. located adiacen to the busimess storefront and no fia.rther tha.n five (Sl feet from the usiness entrance, whiah do not interFere with sidewalk access bv edestrians or violate buildin� code accessibili reau.irements. All such imns sha11 be removed at the end of each business dav and stored indoors. The nlacement of anv such sian is at the owner's risk: and the owner shall 13 defend. indemnifv and hold haimless the villa�e from anv and all liabilitv ssociated with the nlacememt of such sign on or adiacent to a sidewalk r o er uedestrian or nublic wav. The villa.ge shall have the risht to cause the removal of anv such si�n that obstructs safe nublic nassa�e ar that is in vis��ation of buildin� code accessibilitv reauirements. �0 4ther temnorarv si�ns, includine si�ns otherwise nermitted it� coaiunction with a snecial eveat sims of a nolitical. reli�ious or nersonal (free-sneechl na.ture. and holidav disnlavs. Sec. 78-743. Subdivision and development signs. (a) Temporary signs promoting the development of subdivisions shall be allowed. upon approval by the building official and such permits shall be granted for a period of six months only. Applications for renewal must be made agai.n to the buildang official and such renewal shall be for a six-month period. Only one such sign shall be permitted on each street frontage, not to exceed 32 square feet in area or exceed 12 feet in height above grade, and the sign shall meet the setback requirement of this article. The limita.tions within this article prohibiting off-site sig�nage 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 vehicula.r traffic, and where the applicant can provide sufficient proof to the village council tha.t such conditioa has impaired. the ability of the develo�r 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 exvress wri.tten a nroval of the off-site nronertv owner. Such signage shall be subject to review by the planning and zoning advisory board and approval by the village 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-month temporary period shall be subject to approval by the village council. (b) Permanent entrance signs on fences, walls or other appropriate structures with lettering andlor infornlative designs upon them sha11 be permitted only at entrances of developments or projects upon approval by the building official. Such signs shall not exceed 15 square feet in azea, shall not exceed six feet in height above gra.de, shall not exceed the height of the wall or fence on which they aze installed, and shall meet the setback requirements of this article. Sec. 78-744. Unsafe, nnlawful or nonconforming signs. (a) Unsafe or unlawful signs. When, upon inspection by the building official t�e code comnliance officer or anv other authorized villa,ee nersonnel. any sign is found to be unsafe or insecure, not properly maintained, constructed. or erected, in a dilapidated or haza.rdous condition, or erected without first obta.ining a proper permit, the owner shall be notified af the viola.tion and reauired to cur� such violation. Failure to comnlv shall result in the, case bein�_ brou�ht before the code nforcement snecial ma.�istrate �°��-s�€e—�-��E•�-° ° �� ° 14 > > � • (b) Removad of sign advertising discontinued 8usiness. When a business or service using an identification or advertising sign is discontinued, 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 da.ys from the date of discontinuance. Failure to camnlv shall result in the case bein� braueb.t before the code enforcement sroecial 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 da.te of such ordinance, which, by its height, square foot area, loca.tion, design, use or structural support does not conform to the requirements of this article, shall hereafter be termed nonconformi.ng. (2) All nonconforming signs within the village or within an area annexed to the village that a�re not temnor�urv sisns shall be removed or made ta conform with the reauirements of this article prior to the expiration of � e�r� eae�ea� after the date of passage of the ordinance from which this article is derived or after annexation, whichever applies. � nonconfonmin� siens within the villa�e or within an area annexed to the villaee that aze temnorarv siens. shall be removed or made to confo with the reauirements of this article within 45 da.vs after the date o� ��.s�e of the ordinance from which thi.s ar4icle is derived or after e 'on. whichever an�lies. (3) The period of time for removal or conformance shall begin upon the passage of the ordinance from which this article is derived for signs within the village and upon the effective date of annexation for signs within the azea being annexed. The buildi.ng official shall ma.il 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 to conform with the reauirements of this article �. Sec. 78-745. Prohibitions in all zoning �� ea�egeFies. (a) Blinking or reflective alluminated signs. No blinking, flashing, intermittent, a.nimated or reflective type signs illumination shall be permitted. Rather. sien illumination � must be constant in intensity 'ea with a soft and muted effect. (b) Signs extending above roof height. No sign shall extend above the roof heigb.t unless backed by a parapet wall extending the entire length of the building and with the same or greater height than the sign. 15 (c) Outline lighting. No neon tubing or other lineal use of lighting in outlining either the sign or the building or structure shall be permitted. (d) Painted wall sig�.s. No painted wa11 signs shall be permitted. Lettering on walls must be of raised design. (e) Signs on vehicles. si �s attached to or placed on a vehicle (including tra.ilers) that 's not bein� re�ularlv ussd in the conduct of the business being verti shall be prohibited. ve 'c e all not be considered "re�ulazlv used in the conduct of the business" if the vehicle is used nrimarilv lil for advertisin�. or (iil for the numose of advertisin�. This provision is not to be construed as prohibiting the identification of a firm or its principal products on a�er�e� vehicle or truck with no more than three- auarters ton rated ca.nacitv. which is currentiv licensed. insured and onera.ble, opera.ting during the normal hours of business. and which is not narked in anv narking snace. narkin� azea. or the �orkion of a narking lot located adiacent to anv ri�ht-of-wav; provided, however, that no such vehicle shall be pazked on public or private properry with signs attached or placed on such vehicle pri.marily for the purpose of advertising a business or firm or calling attention to the location of a business or firm. All such vehicles shall be narked so thev a.re not visible from anv street or risht-of-wav after normal howrs of business. All such vehicles shall so comnlv with the narkin� re�ulations at chaAter 46. article III di.visions 2. ( fl Re rve . . � � � , , ; > ; (5) � • � � ,;aoa ��., ,. + °g�e-'v�age > > > , � . . ' � � � 16 . , > > � (g) Signs on windows oY doors. Signs on shop windows, display windows, or doors or other windows shall be subject to the following: Permanent signs shall be permitted to be erected or painted upon any window or door as provided for in this article. Any such sign permitted shall be part of the overall sign area permitted and shall not exceed 30 percent of the window or door areag (h) Outdoop merchandising displays. No outdoor merchandising display o or nlacement of sam�le �oods ar merchandisin� material. e� banners, ther or flutter flaes. or outdoor uortable si�ns or advertisin� disnlavs efi�e�er��s�ag � shall be permitted. excent for sandwich boards wlaich are nermitted suant to 78-742(nl, siens tha.t are annroved in coniunction with a snecial even rmit or si�ns tbat aze annroved. bv the villa..�e manager for un to 45 da.vs ' coniunction 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. Nothin� in this nart shall be �c�nstrued to nrohibit the nlacement af decora.tions or accessories a1on� a storefront or other adiacent area. for the nuraose of aesthetics and annearance. so on� as such nieces do not interfere with sidewalk access bv nedestrians or violate b' ding code accessibilitv reauarements. (i) ReseYVed parking space signs. No signs identifying or designating parking spaces as reserved for individual tenants, businesses andlor property owners shall be allowed. Signs identifying handicapped parking spaces per state, county and municipal requirements are exempt from this article; (j) Off-premises or billboard signs. No off-premises or billboard signs sha11 be permitted except as set forth at subsection 78-74U(a)� (k) Signs placed on public property. 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 tha.t public utility, convenience, and warning signs are permitted if approved and erected by governmental agencies having jurisdiction over the applicable property; (1) Moving or animated sign�. No signs in motion, including swinging, rotating or revolving signs. or siens conta.inin� video tvne imaserv shall be permitted; (m)O�cial signs. No signs which copy or imita.te official signs or which putport to ha.ve official status shall be permitted; (n) Sig�s with illegal messages. No signs which display any obscene or illegal written or graphic message shall be permitted; (o) Signs interfering with buildings. No signs which obstruct or interfere with any door, fire exit, stairway, lad.der or opening intended to provide light, air, ingress or egress for any building sha11 be permitted; 17 (p) Signs creating traffac safety or fare l�azards. No signs which constitute a traffic safety or fire hazard, by reason of si2e, location, coloring or method of illumi.nation, 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 interfere with, mislead or confiuse traffic shall be permitted; (� Cube signs. No cube sign or advertising struchire comprised of four faces, with copy on three or more faces shall be permitted; (r) Aircraft search lights. No aircraft search lights promoting, advertising, or bringing attention to a business, enterprise, or event shall be permitted, unless approved in conjunction with a special events permit. (s) Sr�zoke. noise and odor. No siffi which emits anv noise, or anv odor. or anv visible smoke or vauor narticles shall be nermitted. Sec. 78-746. Decorative ' t t signs �nd architectural liehtin�. The use of ' raised lettering or designs in or on the w s f b' ' d which are integrated into the total decor of the buildin ng�d he use of azchitectural lishting ma.y be allowed ' coniunctian with the site nlan annroval or modification nrocess Sec. 78-747. Fla�s and fla�ales . O e fla�nole ner single nronerlv shall be nermitted. Fla.�noles sha11 not exceed 25 �eet in hei�ht. One (11 fla.� ner uole shall be nermitted. For flaenoles less than 20 feet in. hei�h� the fla..� shall not exceed. 24 sauare feet with ma.ximum dimensions of 4 feet x 6 feet. For fla�uoles between 20 feet and 25 feet in hei�ht the fla..� shall not exceed 40 sauare feet with m��.�m_um dimensions of 5 feet x 8 feet. The villa�e council mav an�rove additional fla�ooles un to a maximum of tkiree on anv sin�le DIOD�I[V commeasurate with the size of the nronertv unon which the flaQVOles are ta be erected. �e villa.ge council ma,v annrove increa.ses in flaeywle or fla.� size. commensurate with e size of the nronertv uuon which the flaenole is to be erected. �d�-siga�e�:s�e�s � • Sec. 78-748. Temnorarv si�ns . (a) emnorarv si�ns are those sims that aze not intended or not canstructed for rmanent nlacement nursuant to the technical reauirements af this article. as well e villa.Qe's buildin� and other technica.� codes. includin.g electrical codes. Temnorarv siens are exemnt from the Aermittin� nrocess reauired of nermanent si�ns nursuant to this article: however. tem�orarv sians shall comnlv with the xeauirements of this section and those other sections referenced herein. TemDOrarv si�ns allowed in the villa.�e aze th4se that advertise the sale, lease or �rental of the lot or the imnrovements thereon. or tha.t advertise a nermitted �ara�e e. or that advertise an onen house. all as more narticularlv described in Sec. 78- 40(bl(1): si�as otherwise nermitted as nart of a snecial event: temnorarv 18 co si�ns as more narticularlv described in Sec. 78-742(k) and (ml: �litical. relieious or nersonal (free-sneech) signs: and holida.v disDlavs. Outd.ao merchandisin� dasnlavs sha11 comnlv with the reauirements af Sec, 78-745�1. , olitical. relisious and nersonal (free-sueechl temnorarv si�ns shall be nermitted 'th an exnosed area af not more than six sauare feet. Such sisns that refer to narticulaz election. eveat or other snecific matter shall be removed within seve vs after said election, event oz other snecific matter. Holida.v disnlavs sh 1' ewise be removed wit�un seven davs from the conclusion of the holida.v. No t Aorarv sxen shall be nla�ed in anv nublic ri�ht-of-wav or on anv nublic r . No temnorarv si�n shall be nlaced in a loca.tion. as determined bv the villa.�e mana.�er or his desi�nee. in such a manner as to constitute a safetv hazard. or hindz�.�nce to nedestrian or vehicular traffic. (b) Noiwithstandin� the fore�oin�, the villa.ge mana.ger mav authorize the nlacement within a ri�ht-af-wav of temnorarv siens identifvin� bv name oben businesses adiacent to ongoin.� road construction. Anv such sign shall cam�lv with FDOT or other aunlicable standards reeardin� letterin�. size, material and nlacement. (c) The failure to remove a temnorarv sisn nursuant to the nrovisions of this section ha11 subiect the nronertv owner unon whose nronertv the sien is located to code enforcement nroceedings nursuant to a.rticle IV of chanter 2. Each da.v that a t mnorarv si�n remains in violation of this section shall be deemed to be a senarate offense. ec. 78-749. Bond and liabilitv insurance for si�n contractors . si�n contractors shall nroduce evidence to the villa�e that thev cam in�,�rar,ce and suretv bonds in the amounts and tvnes as reauired for licensing and certification in ordance with F.S. ch. 489. as ma.v be amended from time to time. �1 ' e , � ���e�: Secs. 78-7�Q �49-78-770. Reserved. Section 2: Ea.ch and every other section and subsection of Cha.pter 78. Zoning. sha.11 remain in full force and effect as previously enacted. Section 3: All Ordinances or parts of Ordinances in conflict herewith be a:nd 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 i.nvalid, such decision shall not affect the validity of the remainder of this Ordinance. Section 5: Specific authority is hereby granted to codify this Ordinance. Section 6: This Ordi.nance sha11 become effective immediately upon passage. 19