HomeMy WebLinkAboutO-2025-012 Amending LDC Art. 505 Sign RegulationsORDINANCE NO. 2025-012
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, TO AMEND CHAPTER 28, ENTITLED “LAND
DEVELOPMENT CODE” PART 5, ENTITLED “SIGNAGE AND DESIGN
REGULATIONS”; ARTICLE 505, ENTITLED “SIGN REGULATIONS”, AT
SECTION 505-40, ENTITLED “DETAILED SIGN STANDARDS” TO MODIFY
WALL SIGN REGULATIONS; AMENDING SECTION 505-50, ENTITLED
“PROHIBITED SIGNS,” TO MODIFY SIGN PLACEMENT; AMENDING
SECTION 505-90, ENTITLED “SIGNAGE REGULATIONS FOR THE MIXED-
USE CRA FORM-BASED ZONING DISTRICTS (CC, SFED-MU, EDBB-MU,
GTWY-MU, NBHD-MU)” TO AUTHORIZE PORTABLE SIGNS FOR ALL
BUSINESSES AND TO MODIFY WALL SIGN REGULATIONS; AMENDING
SECTION 505-110, ENTITLED “SIGNAGE REGULATIONS FOR SHOPPING
CENTERS, AND LARGE RETAIL ESTABLISHMENTS IN COMMERCIAL
DISTRICTS (C-1; C-2; C-3; C-4), AND PLANNED MIXED-USE DISTRICTS
(PMUD, PMUD/SL)” RELATING TO PROJECTING SIGNS; REPEALING
SECTION 505-140, ENTITLED “SIGNS EXEMPT FROM CERTIFICATE OF
COMPLIANCE REQUIREMENT”; AND TO SUBSTANTIALLY REVISE
SECTION 505-190, ENTITLED “SIGNAGE REVIEW” TO REMOVE THE
APPROVAL PROCESS AND FEES; PROVIDING FOR CODIFICATION;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City seeks to update its signage code to modify the regulations relating
to wall signs, projecting signs, and temporary signs; and
WHEREAS, it is in the best interests of the City, for the health, safety and welfare of the
City’s residents to make the modifications proposed below.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the preceding “Whereas” clauses are ratified and incorporated as a
record of the legislative intent of this Ordinance.
Section 2. That Chapter 28, entitled “Land Development Code”, Part 5, entitled
“Signage and Design Regulations”; Article 505, entitled “Sign Regulations”, at Section 505-40,
entitled “Detailed sign standards” is amended as follows:
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2 ORDINANCE #2025-012
CHAPTER 28
LAND DEVELOPMENT CODE
* * *
PART 5 - SIGNAGE AND DESIGN REGULATIONS
* * *
ARTICLE 505 - SIGN REGULATIONS
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Sec. 505-40. Detailed sign standards.
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(F) Gallery edge identification signs are allowed on the ground floor of a building, subject to the following requirements:
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(7) The combined number of all gallery edge, wall, awning, and canopy signs on a building
frontage shall not exceed the number of wall signs allowed for the building frontage in subsection 505-40(O)(10).
* * *
(M) Wall identification signs.
(1) Wall identification signs shall be centered within the signable surface upon which
placed, provided that for corner establishments, signs may be corner-justified if signs are placed on both corner frontages an equal distance from the building corner.
(2) Except for integral roof signs, the top of any building sign shall be at least twelve (12) inches below any eave, and at least twenty-four (24) inches from the roofline or top of
parapet, whichever is higher. No part of a building sign shall be closer than six (6) inches
to an architectural facade feature.
(3) Signage is not allowed within one (1) foot of a building corner, nor within one (1) foot of the demising wall of an establishment.
(4) Electrical raceways and conduits shall be concealed from view. Raceways shall be
placed inside the building wall or shall be painted the color of the sign background.
(5) Cabinet signs are prohibited, except where constructed of an opaque sign face with translucent cut-outs for sign copy, such that only the sign copy itself is illuminated and the background is not illuminated.
(6) Wall signs on multi-story buildings shall be placed at least twelve (12) inches below any
part of a second story window frame (including sill, if applicable), or as provided in
paragraphs (7) through (9) below.
(7) Wall signs for businesses fronting a second story catwalk with individual outside entrances from the catwalk may have signs on the second story, limited to seventy-five (75) percent of the maximum area and letter height allowed for ground story wall signs.
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(8) An in-line retail business that occupies multiple stories may place the allowed wall signage at the highest of up of to three (3) stories occupied by the establishment, subject
to the following requirements:
(a) The establishment must occupy space on the ground story, which must be contiguous with all of the upper story space.
(b) The upper stories must occupy the same or smaller floor plate dimension as the ground story.
(c) All stories of the store must be connected by an escalator and elevator internal to
the store itself, and not within a common area of the building.
(d) The façade must have a cohesive treatment that identifies all of the stories as being a part of the same occupant establishment.
(9) Office buildings and hotels may have wall signage on an upper story as provided in
section 505-130 (special signage regulations for certain locations and uses). All other
buildings which have upper level commercial or retail uses shall submit a sign program in which all signs can be accommodated at the ground floor entrance.
(10) Whenever the number of permissible wall signs on a single building frontage is not prescribed, it shall be based upon the length of the building frontage, as follows:
Frontage length Number of permissible signs*
Less than 50 feet Two (2) signs
50 to 99.9 feet Three (3) signs
100 feet to 200 feet Four (4) signs
Greater than 200 feet Five (5) signs
*Each awning, canopy and gallery edge sign may be substituted for a permissible wall sign. The total number wall, awning, canopy, and gallery edge signs on a building
frontage shall not exceed the number of signs allowed in the table above.
(11) Wall signs may be painted if the paint is applied directly to a portion of a building façade
* * *
Sec. 505-50. Prohibited signs.
Any sign not specifically permitted, exempted, or authorized by this article is prohibited. It shall
be unlawful to erect, cause to be erected, maintain or cause to be maintained any sign described as
follows:
* * *
(W) Signs placed in such a manner that they may be blown, carried by water or otherwise scattered by the elements, or so as to constitute litter.
(XW) Permanent signs having fluorescent colors.
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(YX) Signs erected within any navigable waterway within the city, located beyond any established bulkhead line.
(ZY) All signs that are not specifically allowed or exempted by this article or fail to
conform to the number, size, location and other requirements of this article.
(AAZ) All pole signs and projecting pole signs that are not specifically authorized for shopping centers, hotels, office complexes and industrial complexes within one thousand (1,000) feet of I-95 or I-595 in accordance with section 505-130 and the Hotel Overlay
District regulations of section 315-50.
(BBAA) Walking signs.
* * *
Sec. 505-90. Signage regulations for the mixed-use CRA form-based zoning districts (CC,
SFED-MU, EDBB-MU, GTWY-MU, NBHD-MU).
* * *
(Q) Portable signs. The following signs are allowed in accordance with the following standards. Each sign requires a certificate of compliance pursuant to section 505-190.
(1) Portable menu signs. In lieu of menu sign pursuant to paragraph (O)(2), a menu up to three (3) square feet in size may be located on a portable lectern or menu stand adjacent to the entrance of a restaurant that has city-approved outdoor seating, provided it does
not obstruct a minimum clear pedestrian path of at least five (5) feet in width. The sign shall be moved indoors at the close of business each day. A portable menu sign is not allowed in combination with a sandwich sign.
(2) Portable sandwich (A-frame) signs. Sandwich signs shall be displayed only as follows:
(a) One (1) sign is allowed adjacent to the main public entrance of a restaurant.
(b) Placement shall be on or adjacent to a sidewalk, but not within a public right-of-way, and not adjacent to an arterial road.
(c) The sign shall not block pedestrian corridors or pathways and shall maintain a minimum five-foot clear path.
(d) Shall be constructed of wood, faux-wood, or metal.
(e) Maximum six (6) square feet for each of the two (2) sides, not to exceed three (3) feet in height.
(f) The sign shall be used to identify the food or beverages service or product available on premises.
(g) Allowed in lieu of a portable menu sign.
(h) Shall be moved indoors at the close of business each day.
* * *
(R) Projecting signs above the ground story. Projecting identification signs and blade signs are authorized as follows:
(1) Permissible only for buildings with no front yard parking.
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(2) Must be entirely located above the ground story and not higher than forty (40) feet above grade.
(3) No part of the sign may project further than four and one-half (4.5) feet from the building
wall.
(4) May be used in combination with other building sign types.
(5) One (1) sign is allowed per building frontage, with a A total maximum projecting sign area of one hundred (100) square feet.
(6) The area of the sign shall be subtracted from the wall sign allowance for the applicable
building frontage.
(7) The sign shall be substituted for one (1) wall sign authorized in subsection 505-40(O)(10).
* * *
(U) Wall and gallery edge identification signs. Wall and gallery edge identification signs are
subject to subsections 505-40(OF) and 505-40(GM), respectively, and the following standards:
* * *
Sec. 505-110. Signage regulations for shopping centers, and large retail establishments in
commercial districts (C-1; C-2; C-3; C-4), and planned mixed-use districts (PMUD,
PMUD/SL).
* * *
(O) Projecting signs above the ground story. Projecting identification signs and blade signs are authorized as follows:
(1) Permissible only for buildings with no front yard parking.
(2) Must be entirely located above the ground story and not higher than forty (40) feet above grade.
(3) No part of the sign may project further than four and one-half (4.5) feet from the building wall.
(4) May be used in combination with other building sign types.
(5) A total maximum projecting sign area of one hundred (100) square feet.
(OP) Temporary signs. Allowed subject to section 505-160.
(PQ) Under-canopy identification signs. Required within a development of ten (10) or more in-line retail establishments to facilitate pedestrian wayfinding. Developments with fewer than ten
(10) in-line establishments may also utilize under-canopy identification signs. All signs are
subject to the following standards:
(1) Maximum area of four (4) square feet when hanging from an overhead roof.
(2) Maximum area of six (6) square feet when supported by a building wall.
(3) Compliance with subsection 505-40(N).
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(QR) Wall and gallery edge identification signs for individual establishments. Wall and gallery edge identification signs are allowed subject to subsections 505-40(O) and 505-40(G),
respectively and as follows:
(1) Gallery edge signs are allowed for individual retail establishments, subject to the standards for wall signs, below, except as otherwise provided.
(2) Each building frontage is allowed one (1) square foot of sign area for each one (1) foot of building frontage length, up to two hundred fifty (250) square feet.
(3) Reserved.
(4) The maximum allowed vertical dimension of a gallery edge sign is two and one-half (2.5) feet.
(5) Letter height for signs under seventy-five (75) square feet shall not exceed twenty-four (24) inches.
(6) Each rear or side service entrance is allowed up to eight (8) square feet of total
identification, directional and incidental information signage on the wall immediately adjacent to the entrance.
(RS) Window signs. Allowed subject to the following standards:
(1) Signs shall not comprise more than twenty (20) per cent of the total window area of an
establishment's building frontage. Temporary signage allowed in section 505-160 is not
subject to this limitation.
(2) Maximum allowed letter height is six (6) inches.
(3) Subject to the additional standards in subsection 505-40(P).
(4) Up to four (4) square feet of window sign area may be allocated for a display case
attached to the building wall adjacent to an entrance. The display case shall not extend
more than six (6) inches from the building wall.
* * *
Sec. 505-140. Signs exempt from certificate of compliance requirement. Reserved.
(A) Certificate of compliance required. The erection or modification of any sign for which the building code requires issuance of a building permit shall also require a certificate of compliance. Any person planning to erect or modify a sign is responsible for determining whether the building code requires issuance of a building permit.
(B) Exemptions. A certificate of compliance is not required for the erection or modification of
any sign that is exempt from the requirement to obtain a building permit pursuant to the building code, provided that such new or modified sign shall comply with all requirements of this article. Copy shall not be replaced such that the sign changes from an on-premises sign to an off-premises sign.
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7 ORDINANCE #2025-012
Sec. 505-190. Signage review, approval process and fees.
(A) Certificate of compliance Permit required. Prior to the erection, construction, alteration,
relocation, painting of a painted sign, or repair of any sign, a city certificate of compliance
and building permit must first be obtained for such work, unless such sign is exempt from the certificate of compliance requirement pursuant to section 505-140, or exempt from the requirement to obtain building permit pursuant to the building code. Failure to obtain a certificate of compliance, if required shall be a violation of this section. An application for
certificate of compliance, if required, shall be submitted to the community development
department and processed in accordance with this section. No sign shall be approved for use unless it has been inspected and found to be in compliance with all requirements of this article.
(B) The owner of all signs for which permits are required shall be responsible for permanently affixing the permit number on all erected signs.
(C) An application for certificate of compliance shall be submitted to the community development
department. The application shall include drawings and specifications as may be required to fully advise the community development department with the location, size, materials/appearance, color/manner of illumination, the number of signs applied for, and the consent of the property owner.
(1) Upon submission of an application, staff shall have ten (10) business days to determine
whether it is complete, and if not, to provide the applicant with written notice of the deficiencies. Upon resubmission of the application within ninety (90) days of such written notice, staff shall have five (5) additional business days to determine whether the applicant's revisions are sufficient to complete the application, and if not, to again inform
the applicant within the five-day period of any remaining deficiencies in writing. This
process shall continue until the applicant has submitted a complete application or demands that the application be reviewed as is.
(2) If the applicant fails to resubmit within ninety (90) days of the city's written notice of deficiencies, the application shall be considered withdrawn, and any subsequent
resubmittal shall be deemed a new application for the purpose of applying the timeframes
for review established in this subsection.
(3) The director shall review the information submitted to determine conformity with this article, and any applicable conditions of a related development order, including but not limited to, site plan, site plan modification or variance approval, including the location
of the proposed sign. Upon payment of the required fee, the director shall approve or
deny the application based on whether it complies with the aforementioned requirements, within twenty (20) business days of determining the application is complete.
(4) The director shall prepare a written notice of decision, describing the applicant's appeal
rights, and mail it to the applicant. The applicant may file a written notice of appeal to
the city commission within ten (10) business days after the date of receipt of the director's decision. The city commission shall hear and decide the appeal at the next available commission meeting that is at least twenty (20) business days after the date of receiving the written notice of appeal. If the city commission does not grant the appeal, then the
appellant may immediately seek relief in the Circuit Court for Broward County, as
provided by law.
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(D) Time limitations for effectiveness of a certificate of compliance.
(1) An application for a certificate of compliance pursuant to this article for any proposed
work shall be deemed to have been abandoned six (6) months after the date of filing for
the certificate, unless a certificate has been issued before then. One (1) or more extensions of time, for a period not to exceed sixty (60) business days may be allowed by the community development director, upon a written request and demonstration of justifiable cause.
(2) Every certificate of compliance issued by the city pursuant to this article shall become
invalid unless the work authorized by such sign certificate is commenced within six (6) months after its issuance, or if the work authorized by such certificate is suspended or abandoned for a period of six (6) months after the time that the work has commenced. If the work has commenced and the certificate is revoked, becomes null and void or expires
because of a lack of progress or abandonment, a new certificate covering the proposed
work shall be obtained before proceeding with the work.
(E) Revocation of certificate.
(1) The community development director is authorized and empowered to revoke, in writing, any certificate of compliance issued pursuant to this article, upon failure of the
holder of the certificate to comply with the provisions of this article, including
compliance with any related development order conditions, or if the certificate was issued on the basis of misstatement of facts or fraud by the applicant.
(2) The written revocation shall describe the appeal process.
(3) The director shall send the written revocation by certified mail, return receipt requested,
to the sign owner.
(4) Any person having an interest in the sign or property may appeal the revocation, by filing a written notice of appeal to the city commission, to be submitted in duplicate to the city clerk and community development director within fifteen (15) calendar days after the date of receipt of the director's written revocation.
(5) The city commission shall hear and decide the appeal at the next available commission
meeting that is at least thirty (30) calendar days after the date of receiving the written notice of appeal. If the city commission does not grant the appeal, then the appellant may immediately seek relief in the Circuit Court for Broward County, as provided by law.
(F) Fees. Application fees shall be paid as provided by schedule on file in the office of the
community development department and as established by the city commission by resolution
from time to time.
* * *
Section 3. That all ordinances or part of ordinances in conflict with the provisions of
the Ordinance are repealed.
Section 4. That it is the intention of the Mayor and City Commission of the City of
Dania Beach, and it is hereby ordained that the provisions of this ordinance shall become and be
made a part of the Code of the City of Dania Beach, Florida. The sections of this ordinance may
9 ORDINANCE #2025-012
be renumbered or re-lettered to accomplish such intention, and the word "ordinance" may be
changed to "section," "article," or other appropriate word.
Section 5. That this Ordinance shall be effective 10 days after passage on second
reading.
PASSED on first reading on May 13, 2025.
PASSED AND ADOPTED on second reading on June 10, 2025.
First Reading:
Motion by: Commissioner Ryan
Second by: Vice Mayor Salvino.
Second Reading:
Motion by: Vice Mayor Salvino
Second by: Commissioner Rimoli
FINAL VOTE ON ADOPTION: Unanimous X
Yes No
Commissioner Lori Lewellen ____ ____
Commissioner Luis Rimoli ____ ____
Commissioner Archibald J. Ryan IV ____ ____
Vice Mayor Marco Salvino ____ ____
Mayor Joyce L. Davis ____ ____
ATTEST:
ELORA RIERA, MMC JOYCE L. DAVIS CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS:
EVE A. BOUTSIS CITY ATTORNEY