HomeMy WebLinkAboutOrdinance_34-13_06/12/2014_Approved in 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 LBUTS 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 1 : Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta
is hereby amended at Art. XI. Signs, by updating intent and purpose explanations, providing time
limits on the 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 nuroose. — T - --
Sec. 78 -732. Prohibited signs eg nerally.
Sec. 78 -733. Permit required; applicability of building and electrical codes.
Sec. 78 -734. Application for Rqr mit.
Sec. 78 -735. Issuance of nenmit. expiration of permit.
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Sec. 78 -736. Permit fee.
Sec. 78 -737. Maintenance Rgjgj�%.
Sec. 78 -738. Wind pressure and dead load requirements.
Sec. 78 -739. Setbacks.
Sec. 78 -740. General restrictions, maximum size and number of signs.
Sec. 78 -741. Technical requirements.
Sec. 78 -742. Exemptions.
Sec. 78 -743. Subdivision and development signs.
Sec. 78 -744. Unsafe, unlawful or nonconforming signs.
Sec. 78 -745. Prohibitions in all zoning districts F er-ies.
Sec. 78 -746. Decorative integrated signs and architectural lighting.
Sec. 78 -747. Flags and fla.gPOles
Sec. 78 -748. Temporary signs Maintenase
Sec. 78 -749. Bond and liability insurance for sign contractors.
Secs. 78 -750 749 ---78 -770. Reserved.
See. 78 -731. Intent and nnMase
(a) It is the intent and pumose of this article to promote and protect the public
health, safety, and general welfare by regulating and limiting the existing and
proposed Hosting, display. erection, use and maintenance of signs and other forms
of advertising structures within the village.
(b) Specifically, the regulations contained in this article are intended to protect and
preserve the aesthetics of the village tpmperty values, create a more
attractive- economic and business climate, enhance and protect the physic
appmmnce of the community, preserve the scenic and natural beauty of the
village, provide mare open space and provide a more eniovable and pleasing
community ,
ereefiea use and maintemme of signs and ether. forms of adverfisiBg stfuetffes
Widlin the e.
(c) The regulations contained in this article are I-is further intended to pfete
eemmunity. Also, it is intended by this diAsion to improve vehicular and
pedestrian safety, pmNide mefe epea spaee-, curb the deterioration of natural
beauty and the community environment, and reduce visual pollution.
(d) Subafttion of noncommercial speech for commercial speech. Notwithstanding
anything contained in this article to the contrary, any sign or advertising structure
erected pursuant to the provisions of this article may, at the option. of the owner.
contain either a non - commercial message unrelated to the business located on the
Premises where the sign is erected or a commercial message. The non - commercial
essage may occupy the entire sign face or any portion thereof. The sign face
v be changed from commercial to non - commercial messages, or from one
noncommercial message to ano ther. as frequently as desired by the owner of the
sign, rovided that the size and design criteria contained in this article have been
satisfied.
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(e) Content neutrality as to sign message (viewpoint). Notwithstanding: anything
contained in this article to the contrary. no sign or advertising structure shall be
s biect to any limitation based upon the content (viewnointl of the message
contained on such sign or displayed on such sign or advertising 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 shall be unlawful for any person to erect, repair, alter, relocate or maintain
within the village any sign or other advertising structure as defined in this chapter without
first obtaining all required approvals and permits from the 30age council, the planzung
and zoning advisory board, the community development department and/or the building
official applicable. and making payment of a fee as set by resolution of the village
council and —file file in the village clerk's office as provided at Sec. 78 -736 €erth -hy-A
Village. In addition to the requirements of this article, all signs shall be subject to the
provisions, permit fees, and inspection requirements of the villages building and other
technical codes, including electrical codes.
See. 78 -734. Application for permit.
(a) Applications for sign permits shall be made upon proper forms provided by the
community development department and/or the building official and shall contain
or have attached thereto the following information:
(1) Name, address and telephone number, if any, of the applicant.
(2) Location of the building, structure, or lot to which or upon which the sign
is to be attached or erected and the position of the sign thereon.
(3) Two sealed plans and specifications for the construction and attachment of
the sign, 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 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 article and all other laws and ordinances of the
village.
(b) In all applications for permits where a matter of interpretation arises, the most
restrictive interoretation 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 shall be
submitted to the planning and zoning advisory board for review, and to the village
council for approval as part of the site plan review process as established in article
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IX, division 2 of this chapter. No sign requiring village council approval shall be
permitted until the plans for the sign have been submitted to the planning and
zoning advisory board and in turn approved by the village council.
(d) In addition to the requirements set forth in subsection lal of this section.
applications for proposed free standing signage which is not otherwise Hart of a
site plan review shall be submitted to the planning and zoning advisory board for
view and approval as established at Sec. 22- 53(b). No sign requiring planning
d zoning advisory board approval shall be permitted until the plans for the sign
have been submitted to and approved by the planning and zoning advisor board.
Sec. 78 -735. Issuance of permit; expiration of permit.
(a) won the filing of an application for
a sign permit, the building official shall, without unreasonable or unnecessary
elay. but in no case longer than 30 days. to examine the plans and specifications
and other data and the premises upon which it is proposed to erect the sign or
other advertising structure for compliance with building codes, electrical codes
and other applicable technical codes. The applicant shall be notified immediately
b y the building official of any deficiencies and the applicant shall correct same
prior to the issuance of any permit. The building official's failure to make
om iance determination within 30 days shall be deemed to be a determinatio
of compliance. Additionally, the community development director or designee
shall, without unreasonable or unnecessary delay, but in no case longer than 30
vs, examine the application for compliance with the village's zoning
_ mgWations. The applicant shall be notified immediately by the community
evelopment director of any deficiencies in the application and the applicant shall
correct same prior to further processing of the application. The community
evelonment director's failure to make a compliance determination within 30
days shall be deemed to be a determination of compliance. Upon determining that
e application complies with the reauimments of this article, the community
development director shall process the application for planning and zoning
visory board and/or village council review and approval, as applicable, on the
next available agendas, and i If it shall appear that the proposed sign or structure
is in compliance with all the requirements of this article and all other provisions
of this code as well as the applicable building and other technical codes including
electrical codes, and, where required, planning and
zoning advisory board or the village council. as applicable, has and approved i �
sign or advertising structure. by the vAlage eeumil the building official shall
immediately thereafter issue the permit.
(b) ,
delay. of as —ampa—ded, without umeasenable or- unneeessaFy 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 any applicable building or other technical codes including 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.
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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 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 revalidated for a period of 90
days when just cause is given an upon the payment of an additional fee of 50
percent of the original fee. No refunds of permit fees shall be allowed.
(c) Provided the application complies with this article and other applicable
regulations, the building official shall issue a permit for each such sign or
advertising 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, or advertising structure or- high Vehage Wbe Ii
authorized by the permi �as well as anv electrical work and other technic
w ork authorized by the Hermit.
(2) The legal description of the property upon which the sign, Q 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 structure or
high vehage tube lighting is permitted.
(4) The name of the person constructing or erecting the sign or adverti sing
AnNU re
(5) The amount of the fee paid for such permit.
(6) The date of issuance.
Sec. 78 -736. Permit fee.
In addition to any other applicable building permit fees which may be required,
every applicant, before being granted a sign permit, shall pay to the 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.
See. 78 -737. Maintenance deg.
Maintenance Painting of signs and advertising structures is required. si
and advertising structures shall be maintained at all times in a condition which is safe and
which appears as originally permitted and/or constructed. erected or installed. This
maintenance requirement extends to landscaping and irrigation systems associated with
any freestanding or monument signs. Signs that are painted shall, at a minimum be re-
painted every two years from the date of the issuance of the permit, or more often if
eauired to comply with the maintenance requirements of this section
by the village The ewaw of any sign as defined I — . . I by4his wrfielle shell be
. Sign maintenance violations shall be
enforced through the code enforcement special magistrate process.
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Sec. 78 -738. Wind pressure and dead load requirements.
All free standing 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 comer 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 game- sale directional
signs and temporary development signs on remote parcels per subsections
78- 740(b)(1) and 743(a). Political, religious or personal (free- speechl
signs and holiday displays, which contain a non - commercial message.
shall not be deemed to be off - premises signs.
(b) Residential and recreational districts. Signs in residential districts,, as -well
as the residential portions of mixed use districts and the R/OP distri
shall be subject to the following:
(1) In residential districts R -IA, R -1, R -2, R -3 and in residential areas
of a mixed use ( "W ") 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 thereonolo rr
adyypWsing a permitted garage sale No off - site signs
shall be permitted; except, however, ee open house
directional ign r three garage sale directional signs of not more
than two square feet, located on the same block as an advertised
open house or garage sale, is permitted during daylight hours on
Saturday and/or Sunday only. Such signs shall be exempt from any
village permitting requirements.
(2) In residential districts R -2 and R -3, one identification sign shall be
allowed attached to the building or structure thereon, if any,
provided that no signs in any case shall be larger than 20 square
feet.
(3) Identification signs at entrances to driveways and/or parking lots
not to exceed two square feet in size shall be allowed.
(4) Signs in any residential district which advertise the sale, rental, or
lease of real estate shall be removed no later than three days
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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. Cmm= sale signs shall be
removed immediately upon the conclusion of the Permitted garage
(5) Except as Provided in subsection (1) above, s igns in any R/OP
district shall be allowed only after r v m by the planning
and zoning advisory board pur to Sec. 22- 531b). or p�
approval by the village council in accordance with the site plan
review process as established in article IX, division 2 of this
chapter, r as applicable
(6) Places of assembly located in residential districts or the R/OP
district shall be allowed signage as follows:
a. Freestanding sign: One freestanding sign shall be allowed,
not to exceed 30 square feet in total area, with a maximum
height of seven feet above finish grade. The sign shall meet
the setback requirement of section 78 -739. Up to 50 percent
of the approved sign may be used as a changeable letter
reader sign. Landscaping and irrigation at the base of any
such signage shall be required. Any such freestanding sign
shall be allowed only after r v by the planning
and zoning advisory board ursuant to Sec. 22- 53(b), or
and apes approval by the village council in accordance
with the site plan review process as established in article
IX, division 2 of this chapter as applicable
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 districts. Signs in C -1, C -2 and C -3 commercial districts, as
well as the commercial areas peffiens of a mixed use "MU ") develonmen
disUiets shall be subject to the following:
(1) In shopping centers, the size, design and location of wall signs
shall meet the technical requirements as established by this Code
and shall be permitted after approval by the building official.
Uniformity and proportion of design shall be carried out insofar as
is possible. Standard trademark signs may be permitted provided
they meet the technical requirements of this article and any
applicable requirements of the building and other technical
eleelFieal codes including electrical codes Any freestanding signs
shall meet the technical requirements of this article as well as the
mlicable building and other technical codes including dg&trical
codes and shall be allowed only after Fe-A by the
planning and zoning advisory board pursuant to Sec. 22 -53-M. or
and p on 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 ,&%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
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 d oor op enings 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 C -1, C -2, and C -3, as well as the
commercial portions of mixed use districts comer 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 -IA, R -1, R -2,
and R -3; in and residential areas of a MU Zoning Distric and m the R/OP
shall follow the provisions of section 78- 740(b).
(b) Commercial districts. Signs in commercial districts C -1, C -2, and C -3, as
well as the commercial portions of mixed use districts shall be subject to
the following:
(1) Signs on buildings.
a. One sign per establishment 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 col style and type of
sign material. Iowever, multiple wall signs shall not bb
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) ermitted on buildings where establishments us co 0
l oonny or doonMs or do not have individual doo
men ings and frontage o a street or pu1jing area, Instead
om os' a sigLi shall be e 'tte t to Sec. 7 8"�
40c 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 minim setback
of ten feet in accordance with section 78 -739. Landscaping
and irrigation at the base of any such signage s W may be
required by the community development director, or may
be required by the Planning and zoning advisory board
Pursuant 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
eeasidmd desirable.
licab
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 hill may be required by the
community development director, or may be zeauired by
the Planning and zoning advisory board Pursuant to Sec.
2 -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 aPPlicable.
desk-able.
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 minim setback in
accordance with section 78 -739. Landscaping and irrigation
at the base of any such signage shy Hay be required by the
community development director, or may be eat
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the planning and zoning advisory board pursuant 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 applicable.
desirable. 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 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 within the C -2 community commercial
district having U.S. Highway 1 frontage under the
conditions as follows:
i. Shopping centers with approved outparcels, not
utilizing the freestanding signage allowance in
excess of 60 square feet in area but not to exceed
100 square feet in area as provided for within this
subsection, shall be permitted one freestanding sign
for each outparcel, not to exceed 45 square feet in
area and not to exceed eight feet in height from
finished grade and having a minimum setback of ten
feet in accordance with section 78 -739.
Landscaping and irrigation at the base of any such
signage sW nmy be required by the community
development director, or may be wired by the
planning and zoning advisory board pursuant 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 1X„ division 2 of
this chapter as applicable. Whenever the
ii. Reserved.
iii. Shopping centers having U.S. Highway 1 frontage
in excess of 600 lineal feet, not utilizing the
freestanding signage allowance in excess of 60
square feet in area but not to exceed 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
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freestanding signs for each eligible shopping center,
provided that the additional signage shall be located
a minimum of 300 lineal feet from any other
freestanding sign within the shopping center. Any
proposed additional freestanding sign not separated
by a distance of at least 300 lineal feet from any
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 grade and shall have a
minim setback of ten feet in accordance with
section 78 -739. Landscaping and irrigation at the
base of any such signage hs�ll amy be required by
the community development director, or may be
required by the planning and zoning advisory board
pursuant 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 applicable. -_
desirable.
iv. Such additional freestanding signs as may 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 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 grade
and having a minim setback of ten feet in
accordance with section 78 -739. Landscaping and
irrigation at the base of any such signage shall nay
be required by the community development
director, or may be reggiod by the planning and
zoWng advisory 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 chapte
Whenever- the landseaping and kT-i
a lic 1
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an sensidered . The sign shall be located
within the middle one -third of the property fronting
on the public street.
ii. Establishments not in a shopping center, located
within the C -2 community commercial district or
the C -3 general commercial district, shall be
allowed one sign per building apart from the
building not to exceed 60 square feet in area and not
exceeding 20 feet in height from finished grade and
having a minimum setback of ten feet in accordance
with section 78 -739. Landscaping and irrigation at
the base of any such signage sW may be required
by the community development director, or may be
aired by the planning and zoning advisory board
pursuant 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 applicable. wheneve
deskable. The sign shall be located within the
middle one -third of the property fronting on the
public street.
(3) Changeable letter signs. Changeable letter signs are prohibited
except for the reader portions of theater signs, menu boards for fast
fo od. drive -in or carryout restaurants, signs at places of assembly
vertising such places' current activities and events. fuel Write
information signs, building directory signs and time and
temperature signs, and where specifically exempted or allowed by
state law, or this code
eeumil as paft of the site plan ass as established in
Sec. 78 -742. Exemptions.
The following signs shall be exempt from the permitting requirements set forth in
this article:
(a) Professional nameplates.
(b) Signs on residential property designating the owner's name or name of
home not to exceed one square foot in size.
(c) Control signs such as those designating exits, entrances or no trespassing,
not to exceed two square feet in size; provided, however, signs of a larger
size, which clearly serve the public interest and safety, may be permitted
upon application to and approval by the building official.
(d) Signs denoting the architect, engineer, contractor or developer when
placed upon work under construction, and not exceeding 16 square feet in
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area; provided, however, such signs must be removed within three days
after the issuance of a certificate of occupancy.
(e) Occupational signs on or near to a main entrance denoting only the name
and profession of an occupant in a commercial building or public
institutional building and not exceeding six square feet in area.
(f) Memorial signs or tablets, names of buildings and date of erection when
cut into any masonry surface or when constructed of bronze and other
incombustible materials.
(g) Lettering on windows not to exceed three inches in height per letter,
indicating the occupant of the office and the nature of business.
(h) Signs that may be required by any agency of the state or federal
government.
(i) Traffic or other municipal signs, legal notices, railroad crossing signs,
danger and other such temporary, emergency or non commercial signs.
(j) Safety or caution signs such as "No Smoking" signs near flammable
materials.
(k) Paper or other temporary signs may be affixed or otherwise attached to or
displayed within glass display windows of commercial establishments or
stores in commercial districts C -1, C -2, and C -3, as well as the
commercial portions of mixed use districts without the requirement of a
permit being obtained therefor; provided, however, that not more than one
such sign shall be permitted within or upon any such window display, and
further, that any such sign shall not exceed 500 square inches in size.
Such temporary signs may be displayed for a maximum of 45 consecutive
The foregoing shall not prohibit the use of tags or placards, when
such are directly adjacent to or attached to merchandise displayed for sale;
provided, however, that the size and number of such signs are aesthetically
in keeping with the display window or building.
(1) Those temporary signs described in subsection 78- 740(b)(1), Whi
advertising the sale, lease or
rental of the lot on which the sign is loca advertising permitted garaue
W- ss and advertising an so as to allow one open house dinetienal sige, all
p ursuan t 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 30 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 -30 days after installation of the temporary
sign, whichever is sooner.
n) Sandwich board signs, no larger than 36" tall x 24" wide, located adiacen�
to the business storefront and no further than five (5) feet from the
business entrance, which do not interfere with sidewalk access by
pedestrians or violate building code accessibility requirements. All such
signs shall be removed at the end of each business day and stored indoors.
The placement of any such sign is at the owner's risk; and the owner shall
13
d efend, indemnify and hold harmless the village from any and all liability
as sociated with the placement of such sign on or adia=A to a sidewalk or
er pedestrian or public way. The village shall have the right to cause
the removal of any such sign that obstructs safe public passage or that is
violation of building code accessibility requirements.
Oth er temporary signs, including signs otherwise permitted in coniunctio
mdI a special ' event. signs of a political, religious or personal (free- speechl
e, and holiday displays.
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 again to the
building 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 limitations within 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 sufficient
proof to the village council that such condition has impaired the ability of the
developer to market the subdivision, the village council may allow the temporary
sign referenced in this subsection to be placed off -site at a place and location and
under conditions acceptable to the village council and with the express writte
proval of the off -site property owner Such signage shall be subject to review
by the planning and zoning advisory board and approval by the village council in
accordance with the site plan review process as established in article IX, division
2 of this chapter. Applications for renewal beyond the initial six-month temporary
period shall be subject to approval by the village council.
(b) Permanent entrance signs on fences, walls or other appropriate structures with
lettering and/or informative designs upon them shall be permitted only at
entrances of developments or projects upon approval by the building official.
Such signs shall not exceed 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.
See. 78 -744. Unsafe, unlawful or nonconforming signs.
(a) Unsafe or unlawful signs. When, upon inspection by the building official�h. e
code compliance officer or any other authorized village personnel. any sign is
found to be unsafe or insecure, not properly maintained, constructed or erected, in
a dilapidated or hazardous condition, or erected without first obtaining a proper
permit, the owner shall be notified of the violation and required to cure such
violation. Failure to comply shall result in the case being brought before the code
enforcement special magistrate make it safe a nd a nd o f proper
14
howeyff , & is time sha be extended to 30 days Whm painting e* is r-equke .
(b) Removal of sign advertising discontinued business. When a business or service
using an identification or advertising sign is discontinued, all signs and sign
structures relating to the business or service shall be removed by the owner of the
property on which the sign is located within ten days from the date of
discontinuance. FaiLme to comely shall result in the case being brought before
the code enforcement special magistrate If meh business or- sen4ee is baakn4*
dw -A]Uge, afiff proper- netiee, shall have dw sign Femoved.
(c) Nonconforming signs.
(1) A sign existing within the village upon the date of passage of the
ordinance from which this article is derived, or a sign existing in an area
annexed to the village after the passage date of such ordinance, which, by
its height, square foot area, location, design, use or structural support does
not conform to the requirements of this article, shall hereafter be termed
nonconforming.
(2) All nonconforming signs within the village or within an area annexed to
the village that are not temporary signs. shall be removed or made to
conform with the requirements of this article prior to the expiration of two
one yeas after the date of passage of the ordinance from which this
article is derived or after annexation, whichever applies. AU
nonconforming signs within the village or within an area annexed to the
villm that are temnorary signs, shall be removed or made to conform
with the requirements of this article within 45 days after the date--of
asww of the ordinance from which this article is derived or after
exation. whichever mhes.
(3) The period of time for removal or conformance shall begin upon the
passage of the ordinance from which this article is derived for signs within
the village and upon the effective date of annexation for signs within the
area being annexed. The building official shall mail notice of existence of
nonconforming signs to the owner or to any other person in control of the
premises on which the nonconforming sign exists.
(d) Conforming and nonconforming signs prohibited on same lot. No conforming
sign or sign structure shall be erected on the same plot with an existing
nonconforming sign until the nonconforming sign has been removed or made go
conform with the reauirements of this article eeaferiag.
Sec. 78 -745. Prohibitions in all zoning districts eategeries.
(a) Blinking or reflective illuminated signs. No blinking, flashing, intermittent,
animated or reflective type signs 'll shall be permitted. RgIba, sign
illumination sash -lig must be constant in intensity of illuminatien with a soft
and muted effect.
(b) Signs extending above roof height. No sign shall extend above the roof height
unless backed by a parapet wall extending the entire length of the building and
with the same or greater height than the sign.
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 signs. No painted wall signs shall be permitted. Lettering on walls
must be of raised design.
(e) Signs on vehicles. Any-sign ftas attached to or placed on a vehicle (including
trailers) that is not being regularly used in the conduct of the business being
adv rti shall be prohibited. vehi 1
shall not be considered "regularly used in the conduct of the business" if the
vehicle is used primarily lil for advertising. or liil for the purpose of advertising.
This provision is not to be construed as prohibiting the identification of a firm or
its principal products on a eemmenial vehicle or truck with no more than three -
quarters ton rated capacity, which is currently licensed_ insured and operable,
operating during the normal hours of business and which is not parked in any
parking space. narking area_ or the portion of a parking lot located adiacent to any
right -of- -way provided, however, that no such vehicle shall be parked on public or
private property with signs attached or placed on such vehicle primarily for the
purpose of advertising a business or firm or calling attention to the location of a
business or firm. All such vehicles shall be parked so they are not visible from
any street or right -of -way after normal hours of business. All such vehicles shall
so comply with the parking regulations at chapter 46. article III divisions 2.
(f) Reserv
00' 1 . y pefifieal sign sha exeeed siK sqmm feet per- sign fae
(2) No temporary peMea4 sign shA be plaeed in any pubHe 6& of way of
on my publie pfepe�-
by the vg4age mmmW or- his designee, in smh a meaner- as to eonsfitwe -a
(4) TeaWmry pefifieal sigas sMA not be er-eeted more than 30 days prior-
the date of the eleefien refemadum or- matter to Whieh the sign is dif eeted-,
(5) A41 WnWnwy poMea4 sigas shall be removed YA63in sevm days after. the
date of the election mfmadum or- ma#:er- to Whieh the sign is dir-eete
Fetum meeipt requested, to the addresses of the owaff of eaeh pr-opeAy on
whieh the *mpofwy pehfieW sign is leeated and to the ownff as listed en
sign is not remeyed within &e sewn day peried Mewing the eleefien,
prior- to eKpk-a:den of the seven day period shaH eensfitHte an abandene
16
be assessed against the pr-epeit-y or- pfopefty owner if the pfepe� e
> >
the *mpemr-y sign being p1med or- makmiaW on his pfop
(g) Signs on windows or doors. Signs on shop windows, display windows, or doors or
other windows shall be subject to the following: Permanent signs shall be
permitted to be erected or painted upon any window or door as provided for in
this article. Any such sign permitted shall be part of the overall sign area
permitted and shall not exceed 30 percent of the window or door area;
(h) Outdoor merchandising displays. No outdoor merchandising display&.oXW9.or
placement of sample goods or merchandising material. of banners, feather or
flutter flags, or outdoor portable signs or advertising displays e&er. menhandi
material shall be permitted extent for sandwich boards which are permitted
puromnI to 78- 742(n), signs that are approved in conjunction with a special even
permit" or signs that are approved by the village manager for up to 45 days in
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. Nothing in this pad be
construed to prohibit the placement of decorations or accessories along a
s torefront or other adjacent area for the pumose of aesthetics and appearance. so
long as such pieces do not interfere with sidewalk access by pedestrians or violate
wilding code accessibility requirements.
(i) Reserved parking space signs. No signs identifying or designating parking spaces
as reserved for individual tenants, businesses and/or property owners shall be
allowed. Signs identifying handicapped parking spaces per state, county and
municipal requirements are exempt from this article;
0) Off-premises or billboard signs. No off - premises or billboard signs shall be
permitted except as set forth at subsection 78- 740(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 that public utility, convenience,
and warning signs are permitted if approved and erected by governmental
agencies having jurisdiction over the applicable property;
0) Moving or animated signs. No signs in motion, including swinging, rotating or
revolving signs or signs containing video type imagery shall be permitted;
(m)Official signs. No signs which copy or imitate official signs or which purport to
have official status shall be permitted;
(n) Signs with illegal messages. No signs which display any obscene or illegal written
or graphic message shall be permitted;
(o) Signs interfering with buildings. No signs which obstruct or interfere with any
door, fire exit, stairway, ladder or opening intended to provide light, air, ingress or
egress for any building shall be permitted;
17
(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 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 confuse traffic shall be permitted;
(c) Cube signs. No cube sign or advertising structure comprised of four faces, with
copy on three or more faces shall be permitted;
(r) Aircraft search lights. No aircraft search lights promoting, advertising, or
bringing attention to a business, enterprise, or event shall be permitted, unless
approved in conjunction with a special events permit.
(s) Smoke, noise and odor. No sign which emits any noise, or any odor, or any
visible smoke or vapor particles shall be permitted.
See. 78 -746. Decorative ' signs and architectural fighting
The use of raised lettering or designs
walls of a building ,and which are integrated into the total decor of the buildin
use of architectural lighting may be allowed in conjunction with the site plan approval_or
modification process upon applieafien to the plaiming and zoning beaEd, but appreval
Sec. 78 -747. Flags and flagpoles
ft
One flagpole per single property shall be permitted. Flagpoles shall not exceed 25
feet in height. One (1) flag per pole shall be permitted. For flagpoles less than 20 feet in
height, the flag shall not exceed 24 sauaze feet with maximum dimensions of 4 feet x 6
feet._ For flagpoles between 20 feet and 25 feet in heigh the flag shall not exceed 40
auare feet with maximum dimensions of 5 feet x 8 feet. The village council may
approve additional flagpoles up to a maximum of three on any single property,
ommensurate with the size of the property upon which the flagpoles are to be erected.
-Th§ village council may approve increases in flagpole or flag size, commensurate wi
e size of the property upon which the flagpole is to be erected. A41 sign eea ter-s
.
Sec. 78 -748. Temporary signs
(a) Lemmma signs are those signs that are not intended or not constructed for
rmanent placement pursuant to the technical requirements of this article, as we
as the village's building and other technical codes, including electrical codes.
Temporary signs are exempt from the permitting Process required of permanent
signs pursuant to this article: however, temporary signs shall comply with the
requirements of this section and those other sections referenced herein,
empom signs allowed in the village are those that advertise the sale, lease or
ntal of the lot or the improvements thereon, or that advertise a nermitted garage
sale, or that advertise an open house, all as more Particularly described in Sec. 78-
40(b)(1); signs otherwise permitted as part of a special event: temPoma
18
commercial signs as more particularly described in Sec. 78- 742(k) and (ml:
olitical, religious or personal (free - speech) signs: and holiday displays. Outdoor
erchandising displays shall comply with the requirements of Sec. 78- 745(h).
Political, religious and personal (free - speech) temporary signs shall be permitted
with an exposed area of not more than six square feet. Such signs that refer to a
articular election, event or other specific matter shall be removed within so=
vs after said election, cyr= or other specific matter. Holiday displays shaU
likewise be removed within seven days from the conclusion of the holiday. No
enwrary sign shall be placed in any public right -of- -way or on any public
property. No temporary sign shall be placed in a location. as determined by the
illm manager or his designee. in such a manner as to constitute a safety hazard.
or hindrance to pedestrian or vehicular traffic.
(b) Notwithstanding the foregoing, the village manw — e a r may authorize the placement
'thin a right -of -way of temporary signs identifying by name open businesses
ad jacent to ongoing road construction. Any such sign shall comply with FDOT or
other applicable standards regarding lettering, size, material and placement.
(c) The f ' ure to remove a temporary sign pursuant to the provisions of this -Section
1 subiect the property owner upon whose property the sign is located to code
enforcement proceedings pursuant to article IV of chapter 2. Each day that a
temporary sign remains in violation of this section shall be deemed to be a
separate offense.
See, 78 -749. Bond and liability insurance for siffi contractors
All sign contractors shall produce evidence to the village that they carry insurance
and surety bonds in the amounts and types as required for licensing and certification in
acco rdance with F.S. ch. 489, as may be amended from time to time, A41 sigas shaH be
the Prepe
Secs. 78 -M 749-78 -770. Reserved.
Section 2: Each and every other section and subsection of Chapter 78. Zoning. shall
remain in full force and effect as previously enacted.
Section 3: All Ordinances or parts of Ordinances in conflict herewith be and the same
are hereby repealed.
Section 4 : Should any Section or provision of this Ordinance or any portion thereof,
any paragraph, sentence or word be declared by a Court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder of this Ordinance.
Section 5: Specific authority is hereby granted to codify this Ordinance.
Section 6 : This Ordinance shall become effective immediately upon passage.
19
20
Upon Second Reading this 12 day of June2014, the foregoing Ordinance was offered by Council
Member D'Ambra who moved its adoption. The motion was seconded by Council Member
Paterno and upon being put to a vote, the vote was as follows:
For Adoption Against Adoption
Mayor Abby Brennan X
Vice -Mayor Vince Arena X
Council Member Steve Okun X
Council Member Tom Paterno X
Council Member Frank D'Ambra X
The Mayor thereupon declared the Ordinance duly passed and adopted this 12 day of June 2014.
MAYOR OF TEQUESTA
Abigail rennan
ATTEST:
1A Q F T FQ
Lori McWilliams, MMC?� : V F �'�=
Village Clerk SEAL
INCORPORATED
`' *q? Q,
F
0
C1 Fo- ° °•
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