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HomeMy WebLinkAboutO-2003-044 Article 28 signs to revise City's sign regulations ORDINANCE NO. 2003-044 AN ORDINANCE AMENDING CHAPTER 28 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA, BY AMENDING ARTICLE 2 "DEFINITIONS," AND ARTICLE 28 "SIGNS," TO REVISE AND UPDATE THE CITY'S SIGN REGULATIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission ("City Commission") of the City of Dania Beach ("City") previously adopted definitions, permit procedures, and regulations, relating to the installation, construction, placement, and erection of signs in the City, in order to maintain and improve the aesthetic quality presently existing within the City; and WHEREAS, these sign provisions were codified at Article 2, "Definitions," and Article 28, "Signs," of Chapter 28, "Zoning," of the City's Code of Ordinances; and WHEREAS, the City Commission finds and determines that these provisions are in need of updating and revision, to reflect current law and to better protect the citizens of the City from the impacts of excessive signage; and WHEREAS, the City Commission finds and determines as follows: (a) Federal and state courts have recognized that municipalities lawfully may distinguish between on-premises and off-premises signs in regulations regarding aesthetics and quality of life in a community under the police powers of the government, as on-premises and off-premises signs have varying business purposes and different impacts on the aesthetic environment of a community. (b) Such courts also have recognized that locational, distance and size limitations on signs may be imposed in the interests of protecting the aesthetic atmosphere and environment in a community, as well as protecting against traffic hazards caused by distracting and protruding signs, among other purposes. (c) The City Commission has determined that the City's current sign laws properly limit and protect the City against: (1) The unlimited proliferation in number and location of off-premises and on- premises signs, including mobile signs; • 1 ORDINANCE NO. 2003-044 (2) Construction and placement of overly huge, animated, flashing and other • aesthetically unpleasant signs which dominate and detract from the surrounding visual environment; (3) Commercial and other signs being placed in residential neighborhoods which unpleasantly commercialize and clutter such neighborhoods for residents and travelers, as well as overly-large signs in zoning districts disproportionate in size for the intensity of the uses permitted and permissible in such districts; (4) Signs being constructed and placed without first obtaining proper permits for them or permission of the owner or occupant of the property on which the signs are placed; (5) Signs failing to be properly maintained once erected and placed; and (6) Signs that are placed dangerously in or near street intersections and rights-of-way so as to pose actual or potential hazards to traffic and pedestrians. (e) The City Commission further finds that numerous municipalities and counties around the state and country have enacted sign control ordinances. These local governments have found that partial or complete elimination of off-premises signs and regulation of on-premises signs benefits their communities by improving aesthetics and traffic control. Every level of court from the United States Supreme Court to state trial courts has upheld these findings of public • purpose. The City Commission adopts the findings of these numerous local governments. (f) Unregulated and uncontrolled signs cause distractions in traffic flow and create traffic safety problems. In addition, they lower the levels of service on City roads by slowing traffic. (g) Scholarly writings and studies indicate that the clutter of uncontrolled and unregulated signs creates an environment which can financially injure a community. Unregulated and uncontrolled signs can injure the aesthetic appearance of a city and thereby lower property values and the tax base. (h) There is no effective way to stop or even slow the proliferation of off-premises signs without prohibiting off-premises signs except those on federal-aid primary highways. (i) If not limited in size and number and if not otherwise regulated, on-premises signs could cause many of the same problems that off-site signs cause. (j) The City Commission, in regulating on-premises signs, recognizes that businesses need some form of on-premises sign to identify the use of property; and WHEREAS, based on a review of recent legal authority and upon the direction of the City Commission, City staff has developed proposed revisions to the City's sign regulations that 2 ORDINANCE NO. 2003-044 amend Article 2, "Definitions," and Article 28, "Signs," of Chapter 28, "Zoning," of the City's • Code of Ordinances; and WHEREAS, the purpose of these revisions is to clarify the intent of the existing sign regulations and further ensure that the regulations are consistent with all controlling laws, providing viewpoint neutral regulation of all signs in the City and providing, in all instances, that noncommercial speech is no more limited than commercial speech; and WHEREAS, the Planning and Zoning Board, after due notice and public participation in the hearing process and sitting as the City's Local Planning Agency, has reviewed these proposed revisions and recommended their approval to the City Commission; and WHEREAS, pursuant to law, notice has been given by publication in a paper of general circulation in the City, notifying the public of this proposed ordinance and of a public hearing; and WHEREAS, a public hearing before the City Commission was held pursuant to the published notice described above, at which the parties in interest and all other citizens so desiring had an opportunity to be and were in fact heard; and WHEREAS, it is the express intent of the City Commission that, should a court ever review and interpret its sign provisions, that each and every component of this Ordinance be treated as severable and, regardless of any potential finding of unconstitutionality, that the minimum size, number and locational requirements for signs set forth in Section 3 of this Ordinance, at Section 28.150 be enforced; and WHEREAS, the City Commission finds that enactment of these revisions through its police powers will protect the public, safety and welfare of the residents of the City, including the visual and aesthetic environment and natural scenic beauty of the City, and furthers the purpose, goals and objectives and policies of the City's Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the foregoing Whereas clauses are hereby ratified and incorporated as the legislative intent of this Ordinance. Section 2. That the following sections of Chapter 28, "Zoning," of the Code of Ordinances of the City of Dania Beach, Florida ("Chapter 28"), Article 2, "Definitions," are deleted and replaced, or created to read as follows: 3 ORDINANCE NO. 2003-044 CHAPTER 28. ZONING ARTICLE 2. DEFINITIONS 2.10. Definitions. (0.1) Abandoned sign. A sign located on a premise when the business has ceased to exist for a period of ninety (90) days. (3.3) Apartment building sign. Any sign on a multifamily building, complex or rooming house, with copy including the name of the building. (14.1) Commercial. Engaged in a business, enterprise, activity or other undertaking for profit. (15.2) Construction sign. A sign erected by any individual, contractor, subcontractor, builder, firm or corporation, or any combination thereof, engaged in construction upon the property under construction, during the period of construction. (15.3) Directional sign. Any sign erected within road right-of-way to help direct traffic safely throughout the city. (15.4) Directional/instructional sign. A sign erected on private property giving directions or instructions for vehicles traversing the premises on which it is located, but shall not contain any advertising or commercial copy(e.g., parking, exit, entrance, loading only, or telephone signs). (15.5) Directory sign. A sign located within the premises which is informational only (usually containing lists of occupants), designed to provide guidance or instructions for vehicles or pedestrians while traversing the premises. (24.1) Flag. Any fabric, plastic, canvas, material or bunting containing distinctive color(s), pattern(s), symbol(s), emblem(s) or insignia(s) used as a symbol of a government, political subdivision or other governmental entity or of any business or institutional entity or idea. (25.1) Freestanding sign. A sign supported permanently upon the ground by poles or braces and not attached to any building. ' 4 ORDINANCE NO. 2003-044 (29.1) Height (of a sign). The vertical distance measured from the highest point of the sign, excluding decorative embellishments, to the grade of the adjacent street or the surface grade beneath the sign, whichever is less. (30.01) Identification sign. A sign indicating the name and address of a building, institution or person or to the activity or occupation being identified. (30.02) Interior sign. A sign that is located in the interior of a structure. Additionally, a sign which is located outside a structure but, because of the sign's placement, design, or orientation is not visible to persons from a public place. An interior sign is not considered an on-premises or off-premises sign. (42.2) Monument sign. Any free-standing sign for which all means of support are concealed from view from the right-of-way. (42.3) Noncommercial sign. A sign containing no commercial content. (43.1) Off-premises sign (also Billboard). A sign structure advertising a commercial establishment, merchandise, service or entertainment which is not sold, produced, manufactured or furnished at the property on which such sign is located, e.g., "billboards" or "outdoor advertising." An off-premises sign is the principal use of the property on which it is located. (43.2) Painted wall sign. Any sign which is applied with paint or similar substance on the surface of a wall. (47.01) Pole sign. Any sign supported by visible uprights or braces placed upon the ground and not attached to any part of any building. A flag shall not be considered a pole sign. (47.015) Political sign. A sign identifying and urging support for or opposition to a particular issue, political party, or candidate for public office. May be temporary or permanent. (47.016) Poster frames. A framework constructed of any material and designed to allow the repeated insertion and replacement of poster signs without structural alteration. • 5 ORDINANCE NO. 2003-044 (47.03) Projecting pole sign. A sign, other than a flat wall sign, which is attached to and projects perpendicular from a building, wall or other structure not specifically designed to support the sign, and is also supported by another means such as a pole or has attached to it other objects such as a pole. (47.04) Projecting sign. A sign, other than a flat wall sign, which is attached to and projects perpendicular from a building wall or other structure not specifically designed to support the sign. (47.05) Public place. Public rights of way, any body of water or public park, or any adjacent parcel under separate ownership. (47.15) Real estate sales or development sign. A sign on an unimproved parcel of land pertaining to its sale, lease or development. (47.4) Roof sign. Any sign erected over or on the roof of a building. (47.5) Roof sign, integral. Any sign erected or constructed as an integral or essentially integral • part of a normal roof structure of any design, such that no part of the sign extends vertically above the highest portion of the roof and such that no part of the sign is separated from the rest of the roof by a space of more than six (6) inches. For purposes of this chapter, shall be considered a wall sign. (51.3) Sign. Any device, permanent or temporary, which is visible from a public place or to a public audience and which is designed to attract attention to the subject matter of its copy shall be deemed to be a sign. Interior signs are not regulated by this Article. (51.4) Sign area. The sum of all area within the periphery of a regular geometric form or combination of such forms,which encloses the extreme outer limits of all of the display area of the sign, including written copy, logos, or symbols. If a sign is composed of one or more sign cabinets or modules, the area enclosing the entire perimeter of all cabinets, modules or both within a single, continuous geometric figure shall be the area of the sign. The perimeter of measurable area shall not include embellishments such as, but not limited to, poles, pole covers, framing, decorative roofing, support structures, providing that there is no written advertising copy on such embellishments. For purposes of measuring the size of a sign, this method of calculation shall be applied to only one (1) face (or side) of a sign. Where the sign faces of monument or projecting signs are parallel, or are V-shaped and have an interior angle of less than sixty (60) degrees, the area of such signs shall equal the area of the larger of the two (2) sign • faces or, if equal, only one (1) sign face shall be counted. 6 ORDINANCE NO. 2003-044 (58.1) Supergraphics sign. A design or pictorial representation painted on a wall that contains no lettering or business identification, logo, emblem or insignia used as a sign, as a sign is defined herein. (59.1) Under-canopy sign. A sign suspended beneath a canopy, ceiling, roof or marquee. (59.15) Vehicle sign. Any sign attached to or placed on a vehicle, including automobiles, trucks, boats, campers, and trailers, that is parked on or otherwise utilizing a public right-of-way, public property or on private property so as to be intended to be viewed from a vehicular right-of-way for the purpose of providing advertisement of products or services or directing people to a business or activity. This definition is not to be construed to include those signs that identify a firm or its principal products on a vehicle or such advertising devices as may be attached to and within the normal unaltered lines of the vehicle of a licensed transit carrier, when and during that period of time such vehicle is regularly and customarily used to traverse the public highways during the normal course of business. Nor shall it include signs affixed to vehicles identifying the make and model of the vehicle. (59.2) Wall sign. A sign attached essentially parallel to and extending not more than twelve (12) inches from the wall of a building with no copy on the sides or edges. This definition includes individual letter and cabinet signs and signs on a mansard. (59.25) Wind sign. A sign consisting of one or more pennants, ribbons, spinners, streamers or captive balloons, or other objects or material fastened in such a manner as to move upon being subjected to pressure by wind. (59.3) Window sign. A sign installed inside a window and intended to be viewed from the outside. .Section..'. That Chapter 28, Article 28. "Signs," is deleted and replaced as follows: CHAPTER 28. ZONING ARTICLE 28. SIGNS 28.000. Purpose. A. The purpose of this article is to coordinate the type, placement and scale of signs within the City's different land-use zones to recognize the communication requirements of all sectors of • the community; to encourage the innovative use of design; to promote both renovation and 7 ORDINANCE NO. 2003-044 proper maintenance; to allow for special circumstances; and to promote aesthetic improvement and discourage visual blight and clutter. These shall be accomplished by regulation of the display, erection, use and maintenance of signs. The use of signs is regulated according to zone. The placement and scale of signs are regulated primarily by type and length of street, and building or tenant frontage, though lot size and surrounding conditions may also be considered. No sign shall be permitted, except in accordance with the provisions of this article. B. It is not the purpose of this article to regulate or control the copy, content or viewpoint of signs. Nor is it the intent of this article to afford greater protection to commercial speech than to noncommercial speech. Any sign, display or device allowed under this article may contain, in lieu of any other copy, any otherwise lawful noncommercial message that complies with all other requirements of this article. If any or all of the other provisions of this article are ever held to be unconstitutional, it is the explicit intent of the City Commission that, at a minimum, the standards of Section 28.150 be considered severable and enforced as the minimum standards for signs in the City. C. This article is intended to establish a coordinated graphics program that provides for occupant identification and directional communication, while allowing the creation of unique and informative signs. These regulations are not intended to prohibit the design of unusual signs that may enhance the character of the building or reflect the nature of the use. D. This article is intended to be consistent with the City's adopted comprehensive plan. 28.010. Definitions. The definitions contained in Article 2 of Chapter 28 shall apply to this article. 28.020. Sign certificate required. All signs allowed in this article require a certificate issued by the community development department, except those signs which are exempt from certificates pursuant to provisions of this article. The owner of all signs for which certificates are required shall be responsible for permanently affixing the certificate number on all erected signs. No person shall erect or assist in the erection, construction, maintenance, alteration, relocation or repair of any sign, or do any work upon any sign, for which a sign certificate and any other required permit has not been obtained. Any such sign shall be illegal and is a violation of this section. Structural and safety features and electrical systems shall be permitted in accordance with the requirements of the City's adopted building code. No sign shall be approved for use unless it has been inspected and found to be in compliance with all requirements of this article. 28.030. Application for sign certificate; determination of completeness. 8 ORDINANCE NO. 2003-044 Before any sign certificate is issued, a written application for a certificate shall be made to the community development department, on the form provided by that department. Such application shall be accompanied by drawings and specifications as may be required to fully advise and acquaint 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. Upon submission of an application, staff shall have twenty (20) business days to determine whether it is complete. If staff finds that the application is not complete, then they shall provide the applicant with written notice of the deficiencies within the twenty-day period. Upon resubmission of the application, staff shall have fifteen (15) additional business days to determine whether the applicant's revisions are sufficient to complete the application. If they are not, staff will again inform the applicant 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. 28.031 Administrative review of sign certificates. The community development department shall review all of the information submitted to determine conformity with this article, including the location of the proposed sign. Upon payment of the prescribed fee, the department shall approve or deny the sign certificate based on whether it complies with the requirements of this article, within twenty (20) business days after receipt of a complete application. The department shall prepare a written notice of its 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 department's written notice. 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. 28.032 Time limitations for effectiveness of sign certificates. An application for a sign certificate 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 sign certificate, unless a sign certificate has been issued before then. One or more extensions of time, for a period not to exceed sixty (60) business days may be allowed by the director of the community development department, upon a written request and demonstration of justifiable cause. 28.033 Time to complete construction of sign. Every sign certificate 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 sign 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 9 ORDINANCE NO. 2003-044 sign certificate is revoked, becomes null and void or expires because of a lack of progress or abandonment, a new sign certificate covering the proposed work shall be obtained before proceeding with the work. 28.034 Revocation of sign certificate. The director of the community development department is hereby authorized and empowered to revoke, in writing, any certificate issued by him or her pursuant to this article, upon failure of the holder thereof to comply with the provisions of this article or if the certificate was issued on the basis of misstatement of facts or fraud by the applicant. The written revocation shall describe the appeal process. The director shall send the written revocation by certified mail, return receipt requested, to the sign owner. 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 within fifteen (15) calendar days after the date of receipt of the department's written revocation. 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. 28.040. Fees. Sign certificate 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. 28.050. Exempt signs. The following signs are exempt from the permitting requirements of this article, provided that such signs are erected in conformance with all other requirements of this article and any applicable building codes. Unless otherwise indicated below in subsections (1) — (24), exempt signs are permitted in any zoning district of the City. All signs set forth in this Section 28.050 that do not meet the requirements set forth in this article for an exemption or permit are prohibited. A sign certificate is not required to change or replace the advertising copy, message or sign face on a sign. However, the change or replacement of advertising copy, message or sign face must not enlarge or increase the sign area nor adversely affect the original design integrity. If, in order to change or replace the advertising copy, message or sign face, the supporting sign structure must be unfastened, loosened or removed, then a sign certificate shall be required. Copy shall not be replaced such that the sign changes from an on-premises sign to an off- premises sign. (1) Identification signs of two (2) square feet or less and having no individual letters, symbols, numbers, logos or designs in excess of eight inches in vertical or horizontal dimension and displayed below the roof of the building. 10 ORDINANCE NO. 2003-044 (2) Noncommercial signs of two (2) square feet or less. • (3) Directional or directional/instructional signs, where vehicle or pedestrian movement is involved, of four (4) square feet or less. Freestanding signs of this type shall be no greater than four (4) feet in height. (4) Regulatory or informational signs or statutory, traffic control or directional signs erected on public property with permission as appropriate from the State of Florida, the United States, the County of Broward and the city, or erected and maintained by the appropriate governmental agency for such purposes. (5) Freestanding memorial signs or tablets, and names of buildings and dates of erection when cut into any masonry surface or when constructed of bronze or other noncombustible materials and attached to the surface of a building. (6) Legal notices and official instruments. (7) Holiday seasonal or commemorative lights and decorations for a period of time no more than thirty (30) days prior to the holiday and seven (7) days after the holiday. (8) Merchandise not displayed for the purpose of advertising but which can be seen from public rights-of-way behind storefront windows. ® (9) Signs incorporated into machinery or equipment by a manufacturer or distributor, which identify or advertise only the product or service dispensed by the machine or equipment, such as signs customarily affixed to vending machines, newspaper racks, telephone booths, and gasoline pumps. (10) Signs located on vehicles, taxicabs, buses, trucks or vehicle bumpers which cannot be construed as vehicle signs as defined by this chapter. (11) Public warning signs to indicate the dangers of swimming, animals or similar hazards, of two (2) square feet or less. (12) Works of art that do not constitute commercial advertising. (13) Noncommercial signs carried by a person. (14) Under-canopy signs placed behind the right-of-way line for pedestrian use, perpendicular to the building facade and less than four (4) square feet. (15) Projecting signs placed behind the vehicular right-of-way line, for pedestrian use, perpendicular to the building facade and less than four (4) square feet, including the frame or device used in its display. 11 ORDINANCE NO. 2003-044 (16) Credit card signs of one-half (1/2) square foot or less, one of each credit card ® company permitted for each store street frontage which has an entrance (i.e., one (1) credit card sign per company per entranceway). (17) A menu board or price list for drive-through facilities of no more than twelve (12) square feet, located adjacent to and oriented toward the drive-through area and the contents of which are not visible from any street. (18) Menus of less than two (2) square feet mounted at the entrances to restaurants. (19) Awnings or umbrellas that do not display copy or signage of any type. (20) In a zone that is not residential, one (1) awning per business that utilizes only one (1) type style of lettering that does not exceed eight (8) inches in height and covers no more than five (5) percent of the elevation area of the awning. (21) Flags pursuant to Section 28.205. (Flagpoles shall require a building permit.) (22) Noncommercial signs larger than two (2) square feet when the sign is the same size and height as otherwise permitted by this article for commercial signage; and in the same number as otherwise permitted by this article for commercial signage. However, noncommercial signs not otherwise provided for in this article must be substituted for commercial signage and shall only be permitted in place of otherwise permitted or exempt commercial signage (excluding real estate "for sale" or "for lease" signs and political campaign signs, which by law shall be allowed in addition to other signs, provided they otherwise meet the provisions of this article). (23) Yard sale signs of two (2) square feet in area or less, which are located on the property upon which a permitted sale is being conducted and only on the days for which the yard sale is permitted. (24) Open/closed signs which are two (2) square feet or less. 28.060. 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: (1) Traffic or pedestrian hazards. Any sign which constitutes a traffic hazard or is a detriment to traffic safety by reason of its size, location, movement, content, coloring, or method of illumination. Any sign which obstructs the vision between pedestrians and vehicles using the public right-of-way, including, but not restricted to, those not meeting visibility requirements of this Code. Specifically prohibited are signs using: 12 ORDINANCE NO. 2003-044 a. Lights or illuminations that flash, move, rotate, scintillate, blink, flicker, or vary in intensity or color, except for any portion of a sign containing time- temperature-date information; b. Bare bulbs in excess of eleven (11) watts; and C. Words and symbols associated with traffic control so as to interfere with, mislead or confuse traffic, such as, but not limited to, "stop," "look," "caution," "danger," or "slow." (2) Signs attached to trees or other natural features or to utility poles, located on public or private property. (3) Vehicle signs as defined by this chapter. (4) Signs that are in violation of the building code or electrical code adopted by the city. (5) Signs with visible moving, revolving, or rotating parts or visible mechanical movement of any description or other apparent visible movement achieved by electrical, electronic, or mechanical means, except for traditional barber poles. (6) Signs with the optical illusion of movement by means of a design that presents a pattern capable of giving the illusion of motion ^r ,.r,,,,,ging of ea-py. However, this shall not be construed to prohibit a changeable copy sign. (7) Wind signs, unless they have been approved through a site plan approval as an architectural feature. (8) Signs that incorporate projected images, emit any sound that is intended to attract attention, or involve the use of live animals. (9) Signs that emit audible sound, odor, or visible matter such as smoke or steam. (10) Signs or sign structures that interfere in any way with free use of any fire escape, emergency exit, or standpipe; made of combustible materials that are attached to or in close proximity to fire escapes or fire fighting equipment; or that obstruct any window to such an extent that light or ventilation is reduced to a point below that required by any provision of any city-adopted life safety or building code, or other ordinance of the city. (11) Signs that resemble any official sign or marker erected by any governmental agency, which sign by reason of its position, shape or color, would conflict with the proper functioning of any traffic sign or signal, or are of a size, a location, have movement or have color or illumination that may be reasonably confused with or construed as, or conceal, a traffic control device. 13 ORDINANCE NO. 2003-044 (12) Signs, within ten (10) feet of public right-of-way or one hundred (100) feet of ® traffic control lights, which contain yellow, red or green lights that might be confused with traffic control lights. (13) Signs that are of such intensity or brilliance as to cause glare or impair the vision of any motorist, cyclist, or pedestrian using or entering a public way, or that are a hazard or a nuisance to occupants of any property because of glare or other characteristics. (14) Signs that contain any lighting or control mechanism that cause unreasonable interference with radio, television or other communication signals. (15) Signs that are painted, pasted, or printed on any curbstone, flagstone, pavement, or any portion of any sidewalk or street, except house numbers and traffic control signs. (16) Off-premises signs (billboards), except that this prohibition shall not apply to off- premises signs which are legal, presently in existence, used for outdoor advertising, and located along any portion of the "interstate highway system" or the "federal-aid primary highway system" as defined and regulated in Chapter 479, Florida Statutes, as it may be amended from time to time. Signs erected along any portion of the interstate or federal- aid primary highway systems within the meaning of Sections 479.01(5), (7), (9), (12) and (14), 479.15(2), and 479.24(1) of the Florida Statutes, shall be subject to removal, as provided pursuant to Chapter 479, Florida Statutes, as these sections may be amended from time to time. ® (17) Roof signs. (18) Abandoned signs. (19) Real estate "sold" signs which remain on display for more than thirty (30) days after the date of closing,. (20) Signs erected on public property, or on private property (such as private utility poles) located on public property, other than signs erected by public authority for public purposes and signs authorized in writing pursuant to F.S. § 337.407. (21) Signs, located in any street, park, or other public way or place within the city, other than those required to posted to ensure traffic safety or otherwise pursuant to the requirements of law. (22) Signs placed on any public or private property in such a manner that the same may be blown, carried by water or otherwise scattered by the elements, or so as to constitute litter. (23) Signs having fluorescent colors; awnings and umbrellas having more than three (3) colors. 14 ORDINANCE NO. 2003-044 (24) Signs erected within any navigable waterway within the city so as to be located beyond any established bulkhead line, and oriented so as to be visible from a public place. (25) Painted wall signs, excluding supergraphics. (26) Bus bench and bus shelter signs except as specifically provided for through contract with the city only at designated bus stops and in no event are such signs allowed in residentially zoned areas. Bus benches may also be placed through a contract with the city within city parks and beaches at specific locations where the public congregates and a need for public seating exists. (27) All other signs that are not specifically permitted or exempted by this article; however, any authorized or permitted sign under this article is allowed to contain non- commercial speech in lieu of commercial speech. (28) Projecting pole signs. 28.070. Reserved. 28.080 General maintenance and compliance with code. ® (1) All signs erected within the city shall comply with the city's adopted building code, electrical code and any other applicable specialty codes. Signs illuminated by neon tubing must be constructed entirely of noncombustible material. (2) All signs must be kept in good condition and neat appearance. Every sign, together with its framework, braces, angles or other supports, shall be maintained in a safe condition properly secured, supported and braced and able to withstand wind pressure as required by the city's adopted Building Code or any other regulatory code or ordinance in effect within municipal limits. (3) Upon inspection by the building official, the owner of any sign found to be in defective condition, or to not be in compliance with the terms, conditions and provisions of the city Code, shall repair or remove such sign, or shall bring such sign into compliance with the city Code within thirty (30) days from the date of notice of such defect or noncompliance. However if said building official shall ascertain and determine that the maintenance or use of such sign shall adversely affect the public safety, or that the sign is temporary in nature, such as a pennant or banner or movable sign (not permanently affixed), then the building official may require the immediate removal at the owner's expense or prohibit the use of said sign until such defects shall have been remedied. • 15 ORDINANCE NO. 2003-044 (4) The building official shall have the authority to remove a sign without notice in • the event the sign is found, in his or her determination, to constitute a danger to human life or encroaches on public right-of-way or is upon the public right-of-way. In the event of removal of a sign pursuant to this section, the owner/lessee or agent shall bear the cost of removal. 28.090. Restrictions in areas zoned for one- and two-family residences (R-S 18000; R-S 12000; R-S 8000; R-S 6000; RSO; R-D 6000; PUD-1; T-1; T-IC; A-1; S-2; R-1C; RS-4; RS- 5; R-E; A-3; A-4; I-1; E-1; CF; R-IT; OS; CON-2). (1) Scope. This section applies to and specifies the regulations and provisions prescribed for the erection, display and maintenance of all signs displayed in all areas zoned for single- or two-family residences. (2) Signs allowed. No signs shall be displayed, except which may be erected and displayed according to the regulations prescribed in the following subsections of this section or as otherwise provided in this article (such as exempt signs): (a) Identification sign. The owner or the occupant of any building may erect and maintain one (1) identification sign. Such sign may be erected any place upon the premises below the top of the first story or first floor eaves (if eaves exist) of the structure, whichever is lower, provided such sign is in reasonable and general conformity with other signs of like nature in the vicinity and it does not exceed one (1) square foot ® in area. (b) For sale or for rent signs. "For sale" or "for rent" signs or combinations thereof, not exceeding four (4) square feet in total surface area, may be displayed. Such signs shall be securely erected so that the bottom of the sign is no more than three (3) feet above the ground. Such signs shall be no less than five (5) feet from the sidewalk line closest to the property where the sign is being displayed. If no sidewalk exists, then such signs shall be no less than five (5) feet from the property line. Only one (1) sign shall be displayed for any contiguous property under the same ownership or control. (c) Construction sign. One (1) construction sign may be displayed, which shall be removed no later than the issuance of the certificate of occupancy. Such sign may be erected upon an application for a building permit being made for the construction referenced on the sign, and may remain on the property so long as the building permits remain valid (e.g., not revoked as a result of project abandonment or any other reason). Such sign shall not exceed thirty-two (32) square feet. (d) Neighborhood entryway sign. One (1) neighborhood entryway sign per street entering the neighborhood , not to exceed twenty-four (24) square feet and not exceeding eight(8) signs per neighborhood . (e) Illumination. No signs erected, displayed or maintained on single- or two- family zoned property, shall be either directly or indirectly illuminated. 16 ORDINANCE NO. 2003-044 28.095. Entryway signs at residential multi-unit complexes or communities; all zoning districts. (1) Scope. This section applies to and specifies the regulations and provisions prescribed for the erection, display and maintenance of entryway signs at entrances to residential multi-unit complexes or communities . (a) Monument signs: One (1) sign per entryway when the entryway has a minimum street frontage of three hundred (300) feet, with a maximum height of eight (8) feet, a maximum overall width of fourteen (14) feet, a maximum width of lettering of ten (10) feet and minimum setback from right-of-way line or clear recovery area, when applicable, of twelve (12) feet; or (b) Wall signs: One (1) wall sign per entryway on a perimeter wall when the wall or complex has a minimum street frontage of three hundred (300) feet. The height of the wall section bearing the sign shall not exceed eight (8) feet; the width of combined lettering/logo shall not exceed twelve (12) feet; and the height of individual letters shall not exceed fifteen (15) inches. 28.100. Restrictions in areas zoned multifamily (R-M; R-M(1); R-M(2); R-M(3); RMD; PUD-A (residential portion); PUD-B; PUD-2; PUD-3 (residential portion); RM-25; RD-10; RM-15; RM-5; RD-4). (1) Scope. This section applies to and specifies the regulations and provisions prescribed for the erection, display and maintenance of all signs displayed in all areas zoned multifamily. (2) Signs allowed. No signs shall be displayed except signs which may be erected and displayed according to the regulations prescribed in the following subsections of this section, or as otherwise provided in this article (such as exempt signs): (a) Apartment building sign. One (1) sign, the total surface area of which does not exceed four (4) square feet. Such sign may be erected as a monument sign but shall not be closer than five (5) feet to any property line, and may be illuminated. (b) Channel Letter Signs Allowed.. Signs may be formed by placing raised letters directly on buildings so long as they conform to regulations of this section. . (c) Construction sign as provided for in section 28.090(2)(c). 17 ORDINANCE NO. 2003-044 28.110. Restrictions in areas zoned commercial (C-1; C-2; C-3; C-4; PUD-A (commercial ® portion); PUD-3 (commercial portion)). (1) Scope. This section applies to and specifies the regulations and provisions prescribed for the erection, display and maintenance of all signs displayed in all areas zoned commercial. (2) Signs allowed. No signs shall be displayed except signs which may be erected and displayed according to the regulations prescribed in the following subsections of this section, or as otherwise provided in this article (such as exempt signs): (a) Real estate sales or development signs. One (1) sign no more than sixteen (16) square feet per street front may be displayed . However, a second sign shall also be allowed if the street frontage is at least three hundred (300) feet in width. The dimensions of the second sign shall be reduced in accordance with the formula set out in section 28.130. A second sign shall also be permitted if the street frontage is at least one hundred (100) feet wide. The dimensions of the second sign shall be reduced in accordance with the formula set out in section 28.130. (b) Construction sign. One (1) sign may be permitted , providing the size is no larger than thirty-two (32) square feet . as otherwise provided for in section 28.090(2)(c). ® (3) Individual commercial or office buildings. These uses are single structure but may have more than one (1) occupant or tenant. (a) Monument signs. 1. Sign area and use. One (1) monument sign per development site shall be permitted with the area not to exceed the following: a. Signs along roadways functionally classified as arterial roadways, as designated by city: Forty-eight (48) square feet. b. Signs along all other roadways: Forty-two (42) square feet. 2. Height and setback. a. Monument signs shall not exceed eight (8) feet in height. b. Monument signs shall be set back at least five (5) feet from the right-of-way line or clear recovery area whenever applicable, that is closest to the property where the sign is located. 18 ORDINANCE NO. 2003-044 (b) Building identification wall signs. Total building identification wall sign ® area and height per building shall not exceed: 1. Sign area and height. a. Sign area shall be no greater than the front footage of the building multiplied by 0.5, not to exceed a total of seventy-five (75) square feet. b. Sign height shall not exceed fifteen (15) percent of the building height, not to exceed fifteen(15) feet. (c) Supplementary signage. For each ground floor tenant, an additional sign area of one (1) square foot per each two (2) lineal feet of tenant's frontage shall be allowed for wall signage which may include window signs, poster frames and identification signs. (d) Directory signage for commercial or office building. 1. Sign area and use. One (1) wall or monument directory sign for each building not to exceed two (2) square feet for each tenant, or twenty-four (24) square feet in total area, whichever is less. Such signage shall be oriented to parking and pedestrian areas for directional purposes only, and shall not be oriented outside of the commercial or office building. 2. Design and height requirements. a. The height of any individual letter within the permitted area shall not exceed four (4) inches. b. Monument directory signs shall not exceed eight (8) feet in height. (e) Real estate sales signs. Signs advertising the availability of space for lease shall be permitted in the following dimensions: Minimum Percentage of Minimum Street Maximum Building's Total Space/ Frontage Sign area Units Still Available (feet) (square feet) 80% 300 or more 32 40% 200--299 24 Less than 40% 100--199 16 1%to 100% Less than 100 12 Maximum sign area shall be calculated on the minimum space still available or the minimum street frontage, whichever is less. 19 ORDINANCE NO. 2003-044 (4) Shopping centers. The following applies to and specifies the regulations pertaining to shopping centers. All shopping center signage, inclusive of all outparcel signage, shall be reviewed and approved by the city as to final size, location and uniformity, colors, design and materials as part of the site development plan approval process. The following restrictions shall apply: (a) Monument signs. 1. Sign area and use. a. Centers of less than one hundred thousand (100,000) square feet: Shopping center identification signage up to forty-eight (48) square feet and up to two (2) anchor businesses may have signs up to twelve (12) square feet each. b. Centers of one hundred thousand (100,000) square feet or greater: Shopping center identification sign up to sixty-four (64) square feet, and up to three (3) anchor businesses may have signs up to twelve (12) square feet each. 2. Height, setback and spacing. a. Maximum height shall be eight (8) feet. b. Monument signs shall be set back a minimum of: i. Fifty (50) feet from side lot lines, or equidistant from side lot lines. ii. Five (5) feet from right-of-way lines. iii. Monument signs shall be a minimum of seven hundred (700) feet apart and located within a twenty-foot strip of land parallel to and adjoining the right-of-way frontage. (b) Wall signs for individual tenants. 1. Sign area and height. z. a. Sign area shall be one (1) square foot per one (1) foot of tenant's frontage, not to exceed a total of one hundred fifty (150) square feet. In the case of corner stores, additional signage may be allowed only where the same or similar facade treatment is used on both front and side. Sign area is not transferable between facades (i.e., sign area cannot be . combined and utilized for one sign). 20 ORDINANCE NO. 2003-044 ® b. Maximum sign height shall be determined as follows: i. For businesses having less than fifty (50) feet of frontage, a maximum height of two (2) feet. ii. For anchor businesses, a maximum height not to exceed twenty-five (25) percent of the building height, not to exceed ten (10) feet. iii. Signs for all other businesses shall not exceed twenty (20) percent of the building height of the portion of the building occupied, not to exceed ten (10) feet, e.g. a one-story tenant in a two-story building shall only utilize one-story of height. (c) Supplementary signage. For each tenant, an additional sign area of one (1) square foot per each two (2) feet of tenant's frontage shall be allowed for miscellaneous wall signage to include window signs, poster frames and identification signs. (d) Outparcels. 1. Monument signs for shopping center outparcels shall conform with subsection (4)(a) of section 28.110. 2. Wall signs. a. Sign area. Sign area shall be determined by multiplying the building frontage in linear feet by 1.0 foot, not to exceed a total of one hundred fifty (150) square feet. Additional wall sign area may be permitted for the sides and rear of an outparcel structure which are oriented toward nonresidential uses and finished with the same or similar facade treatment as the building front. The maximum sign area for such additional wall signs shall be determined by multiplying one (1) square foot of signage for each three (3) feet of building length, not to exceed a total of fifty (50) square feet. Sign area is not transferable between facades (i.e., sign area cannot be combined and utilized for one sign). b. Design requirements. Wall signs for shopping center outparcels shall comply with the site development plan approved by city. (e) Directory signage for shopping centers. 1. Sign area and use. One (1) wall or monument directory sign for each building not to exceed two (2) square feet for each tenant, or twenty-four (24) square feet in total area, whichever is less. Such signage shall be oriented to 21 ORDINANCE NO. 2003-044 parking and pedestrian areas for directional purposes only, and shall not be oriented outside of the shopping center complex. 2. Design and height requirements. a. The height of any individual letter within the permitted area shall not exceed four (4) inches. b. Monument directory signs shall not exceed eight (8) feet in height. (5) Office complexes and parks. The following applies to and specifies the regulations pertaining to office complexes and office parks. Office complexes and parks shall consist of a group of buildings that have a common design and are developed as parts of a whole, and may have common parking or a common entryway off the main public street that provides access to the complex. All office complex and office park signage shall be reviewed and approved by the city as to final size, location and uniformity, coordination, colors, design and materials as part of the site development plan approval process. (a) Monument signs. 1. Sign area and height. a. Office complexes and parks under ten thousand (10,000) square feet: ® No individual building identification shall be permitted. Complex identification or occupant signage, whether or not combined, shall not exceed thirty-two (32) square feet. No more than two (2) anchor businesses may be identified within the monument sign, each permitted to use no more than four (4) square feet of the monument sign. Maximum height of monument sign shall be eight (8) feet. b. Office complexes and parks of ten thousand (10,000) square feet to fifty thousand (50,000) square feet: No individual building identification shall be permitted. Complex identification and occupant signage, whether or not combined, shall not exceed forty-two (42) square feet. No more than four (4) anchor businesses may be identified within the monument sign, each permitted to use no more than four (4) square feet of the monument sign. Maximum height of monument sign shall be eight (8) feet. C. Office complexes and parks over fifty thousand (50,000) square feet: No individual building identification shall be permitted. No building identification and occupant signage, whether or not combined, shall exceed forty-eight (48) square feet. No more than six (6) anchor businesses may be identified within the monument sign, each permitted to use no more than four (4) square feet of the monument sign. Maximum height of monument sign shall be ten (10) feet. 22 ORDINANCE NO. 2003-044 ® 2. Setback and spacing. a. Monument signs shall be set back a minimum of: i. Twenty-five (25) feet from side lot lines. ii. Five (5) feet from right-of-way lines. iii. Monument signs on a parcel under single ownership or control, and developed as a single site shall be a minimum of four hundred (400) feet apart and located within a twenty-foot strip of land parallel to and adjoining the right-of-way frontage. Use of more than one (1) monument sign shall be permitted provided the sign area of all monument signs is reduced to seventy-five (75) percent of the maximum permitted sign area. (b) Wall signs for complex identification. 1. Sign area. One (1) wall sign consisting of complex identification signage not to exceed thirty-two (32) square feet may be permitted in lieu of each monument sign permitted in subsection(4)(a) of section 28.110 above. • 2. Design and letter height requirements. a. Wall signs shall meet the following design guidelines: i. Consist of individual letters. ii. Shall be illuminated by means of reverse channel opaque faced individual letters or external flood lighting. iii. Shall primarily be made of wood or metal, or other materials simulating wood or metal. iv. Height of individual letters shall not exceed two (2) feet. (c) Wall signs for individual tenant identification. 1. Sign area and use. a. Tenants in one-story office buildings or individual ground floor tenants in multi-story office buildings may utilize wall signage of up to one (1) square foot for each three (3) feet of tenant frontage, not to exceed a total of fifty (50) square feet. Such signage shall comply with the site 23 ORDINANCE NO. 2003-044 development plan approved by city. This plan shall specify the size, ® shape, color, type style, material and location of signage allowed. b. Wall signs to identify individual tenants located adjacent to each building entrance, not to exceed two (2) square feet each. 2. Design and letter height requirements. a. Wall signs shall meet the following design guidelines: i. Consist of individual letters, or uniform plaques or panels for each office. ii. Shall be illuminated by means of reverse channel opaque- faced individual letters or external flood lighting. Internal illumination shall be permitted for die cut copy in opaque plaques or panels. iii. Shall primarily be made of wood or metal, or other materials simulating wood or metal. iv. In lieu of paragraphs i., ii. and iii. above, a uniform signage program for awnings may be permitted by the community • development director. Maximum height of individual letters shall be eight (8) inches on awnings. (d) Directory signage for office complexes and office parks. 1. Sign area and use. One (1) wall or monument directory sign for each office building or for each main entrance to an office building where each separate office is accessed internally from inside the building, not to exceed two (2) square feet for each tenant or twenty-four (24) square feet in total area, whichever is less. Such signage shall be oriented to parking and pedestrian areas for directional purposes only, and shall not be oriented outside of the complex. a 2. Design and letter height requirements. a. The maximum height of any individual letter within the permitted sign area shall not exceed four (4) inches. b. Monument directory signs shall not exceed eight (8) feet in height. 28.120. Restrictions in areas zoned industrial (IG; IR; IRO; IPT; PEDD; IROM; IROC). 24 ORDINANCE NO. 2003-044 (1) Scope. This section applies to and specifies the regulations and provisions prescribed for the erection, display and maintenance of all signs displayed in all areas zoned industrial. (2) Signs allowed. No signs shall be displayed except signs which may be erected and displayed according to the regulations prescribed in the following subsections of this section, or as otherwise provided in this article (such as exempt signs): (a) Construction Sign. One (1) construction sign may be permitted, providing the size does not exceed thirty-two (32) square feet, as otherwise provided for in section 28.110(2)(b). (b) Industrial complexes and parks. This section applies to and specifies the regulations for signs in industrial complexes and industrial parks. Industrial complexes and parks consist of a group of buildings that have a common design and are developed as parts of a whole, and may have common parking, or a common entryway off the main public street that provides access to the complex. Buildings may have a single occupant or multiple occupants. All industrial complex/park signage shall be reviewed and approved by the city as to final size, location and coordination, colors, design and materials as part of the site development plan approval process. The following regulations shall apply: 1. Monument signs. a. Sign area and use. i. Single occupant industrial complex entrance signs: One (1) monument sign for each public right-of-way industrial complex entrance consisting of identification signage. Sign area of each structure shall not exceed thirty-two (32) square feet. The sign may be a single sign with two (2) faces of equal size or may be two (2) single-faced structures of equal size located on each side of the entrance. ii. Multi-occupant industrial complex entrance signs: One (1) monument sign shall be permitted as follows: (1) Complexes under fifty thousand (50,000) square feet: No identification or occupant signage shall exceed thirty- two (32) square feet. No more than two (2) anchor businesses may be identified, each sign not to exceed six (6) square feet. (2) Complexes of fifty thousand (50,000) square feet to one hundred thousand (100,000) square feet: No identification and occupant signage, whether combined or 25 ORDINANCE NO. 2003-044 not, shall exceed forty-two (42) square feet. No more than ® four (4) anchor businesses may be identified, each sign not to exceed six (6) square feet. (3) Complexes of over one hundred thousand (100,000) square feet: No identification or tenant signage, whether combined or not, shall exceed seventy-two (72) square feet. No more than six (6) anchor businesses may be identified, each sign not to exceed six (6) square feet. b. Height, setback and spacing. i. Maximum height shall be fifteen (15) feet. ii. Monument signs shall be set back a minimum of: (1) Twenty-five (25) feet from side lot lines. (2) Five (5) feet from right-of-way. iii. Monument signs for individual buildings on a parcel under single ownership or control, and developed as a single site shall be a minimum of four hundred (400) feet apart and located within a twenty-foot strip of land parallel to and adjoining the right-of-way frontage. Use of more than one monument sign shall be permitted provided the sign area of all freestanding signs is reduced to seventy-five (75) percent of the maximum permitted sign area. 2. Wall signage for individual tenants in multi-tenant complexes. a. Sign area, height and use. i. Individual tenants in complexes may utilize wall signage of up to one (1) square foot for each one (1) foot of lineal feet of tenant's frontage, not to exceed a total of one hundred fifty (150) square feet. Such signage shall comply with the site development plan approved by the city. This plan shall specify size, shape, type, color and location of signage allowed. ii. Maximum height of an individual tenant's sign not to exceed thirty (30) percent of the building height, not to exceed ten (10) feet. 3. Directory signage for multi-occupant complexes. • 26 ORDINANCE NO. 2003-044 a. Sign area and use. One (1) wall or monument directory sign for each ® building not to exceed two (2) square feet for each occupant, or twenty- four (24) square feet in total area, whichever is less. Such signage shall be oriented to parking and pedestrian areas for directional purposes only, and shall not be oriented outside of the complex. b. Design and letter height requirements. i. The maximum height of any individual letter within the permitted area shall not exceed four (4) inches. ii. Monument directory signs shall not exceed eight (8) feet in height. 28.130. Multiple frontage properties; all zoning districts. (1) For corner or through premises (i.e., rights-of-way on opposite sides) that are allowed by this article to display monument signage, monument sign use shall be allowed along both rights-of-way if each frontage is one hundred (100) feet or more in width, but if more than one (1) monument sign is desired, then the sign proposed to be placed on the right-of-way frontage which is of the lower functional classification shall be reduced by the percentages set out below. The monument sign area for each monument sign allowed (where more than one (1) is desired), shall be based on the future functional classification of the roadway as shown in the comprehensive plan, and as outlined below: (a) If both rights-of-way are principal arterial, then the signage along each right- of-way may be utilized at one hundred (100) percent of the signage allowed in this article for that type of use and premises. (b) If one right-of-way is a minor arterial, then signage allowed along such a right-of-way shall be reduced to seventy-five (75) percent of the signage allowed pursuant to the provisions of this article. (c) If one right-of-way is a collector, then signage allowed along such a right-of- way shall be reduced to fifty (50) percent of the signage allowed pursuant to the provisions of this article. (d) If one right-of-way is a subcollector, then signage allowed along such a right- of-way shall be reduced to twenty-five (25) percent of the signage allowed pursuant to the provisions of this article. (e) If one right-of-way is a nonclassified or local road, then signage allowed along such a right-of-way shall be reduced to twenty-five (25) percent of the signage allowed pursuant to the provisions of this article. 27 ORDINANCE NO. 2003-044 (2) All setback spacing requirements shall be measured around corners at the right- of-way line. Monument sign area may not be transferred between frontages. (3) Only one (1) monument sign shall be allowed within seventy-five (75) feet of intersections and may be of a maximum size based on the largest frontage. 28.140. Shopping centers, hotels, office complexes and industrial complexes within 1,000 feet of 1-95 or 1-595. (1) Shopping centers, hotels, office complexes and industrial complexes of eighty thousand (80,000) or more square feet of fully enclosed area under roof, located within one thousand (1,000) feet of Interstate 95 or Interstate 595 shall be allowed to construct one (1) pole sign whose height shall not exceed fifty (50) feet or twenty-five (25) feet above the height of the elevation of the abutting interstate highway, whichever is less, and sign area shall not exceed forty-eight (48) square feet; provided, however, pole signs that exist on the date of adoption of this ordinance and that have been legally erected on premises described above shall be allowed to remain as long as they do not meet the requirements of an unsafe structure as provided for in the Florida Building Code (or its successor code)., Such signs shall not be expanded, enlarged or remodeled (except ordinary repairs or routine maintenance may be conducted and sign faces may be changed). The sign may indicate only the name and nature of the business. ® (2) Notwithstanding any other provision of this Code, wall signs located on buildings or structures within commercial and industrially zoned properties of eighty thousand (80,000) or more square feet of fully enclosed area under roof, located within one thousand (1,000) feet of Interstate 95 or Interstate 595 shall be permitted to the extent they do not: (a) extend more than eighteen (18) inches beyond the face of the building, and (b) exceed twenty (20) percent of the surface of the wall on which they are displayed, up to a maximum of two hundred (200) square feet. 28.150. Minimum Criteria for All Signs in City. Notwithstanding any other provision of this article, the following minimum criteria shall also be met by all signs erected in the City of Dania Beach. (1) Residential Districts No sign may be erected in a residential district that exceeds the following dimensions and requirements: (a) Maximum Sign Height: ten(10) feet. (b) Maximum Sign Area: one hundred(100) square feet. 28 ORDINANCE NO. 2003-044 (2) Nonresidential Districts ® No sign may be erected in a nonresidential district that exceeds the following dimensions and requirements: (a) Maximum Sign Height: fifty (50) feet, if located within 1000 feet of I-95 or I-595; otherwise, twenty (20) feet. (b) Maximum Sign Area: two hundred (200) square feet. 28.160. Downtown Dania Beach Redevelopment District sign regulations. (1) Scope. Notwithstanding any provision in this article to the contrary, this section provides the requirements for signs in the area bounded generally by: Old Griffin Road on the north; by Third Avenue on the west; by Stirling Road on the south; and on the east by Third Avenue south of Dania Beach Boulevard and Fronton Boulevard north of Dania Beach Boulevard. This area shall be known as the Downtown Dania Beach Redevelopment District. The provisions of Sections 28.020 through 28.040; Section 28.080; and Section 28.060 shall also apply to this District. (2) Signs allowed. Signage in the Downtown Dania Beach Redevelopment District shall be allowed in accordance with the following requirements : (a) Monument signs shall be permitted subject to the following conditions: 1. Monument signs shall only be permitted on lots on which buildings are set back a minimum of twenty-five (25) feet from the right of way upon which they front. 2. The sign shall be set back ten (10) feet from any side lot line, five (5) feet from the property line on the front and thirty (30) feet from the intersection of any two (2) street lines. 3. One (1) monument sign shall be permitted per development, indicating the name of the development, the individual occupants within the development or both. Development is to mean a business or office building, including one or more occupants, not necessarily owned by one party or a single land owner, which is adjacent to and utilize a common parking area or areas and use a common means of ingress and egress to the property. The sign shall not exceed seven (7) feet in height or twenty-five (25) square feet in area. (b) Flat wall signs. Flat wall signs may be erected parallel to the face of or on the outside wall of, any building and supported throughout their length by such wall. Flat wall signs shall be permitted subject to the following conditions: 29 ORDINANCE NO. 2003-044 1. A flat wall sign shall extend no more than eighteen (18) inches beyond the building face. 2. Total flat wall signage shall not exceed one (1) square foot per each one (1) linear foot of building frontage, subject to the following additional requirements: a. Signs shall not exceed a vertical dimension of two and one-half(2'/z) feet, a horizontal dimension of fifteen (15) feet, and a total sign area of thirty-seven and one-half(37'/z) square feet. b. Signs shall be set back at least one (1) foot from the edge of a building or individual occupant space. C. Wording on flat wall signs shall include only the name and nature (in no more than three (3) words) of the business that is currently operating within the building or occupant space to which the sign is attached. Such lettering shall not exceed twenty-four(24) inches in height. d. One (1) flat wall sign shall be permitted per building occupant. When a building abuts a side street (i.e., a street with no entranceways to business or a secondary entryway only), one (1) additional flat wall sign, in accordance with the above referenced downtown district wall sign requirements, shall be permitted on the side street. The additional wall sign on the side street shall not exceed the maximum size for a wall sign as permitted on the front of the building. e. Flat wall signs shall be located only in that portion of the parapet above the awning, the entranceway or both and below the roof. In multistory buildings, said signs shall be located only between the first floor awning, the entranceway or both and the second floor window. (c) Pedestrian-oriented projecting signs. Projecting signs located below a second floor window shall be permitted, provided that each business occupant which consists of four hundred (400) or more square feet of fully enclosed area under roof shall be permitted one sign, not to exceed thirty-eight (38) inches by twelve (12) inches, and located a minimum of seven (7) feet six (6) inches above the sidewalk, and two (2) feet from the curb line. (d) Nameplates. One (1) nameplate identification sign shall be permitted on or near the front door, rear door, or both, of the business being conducted on the premises, with total area of both signs not to exceed four (4) square feet. (e) For sale, for rent, and construction signs. For sale signs, for rent signs, and construction signs, shall be as provided for in section 28.090 of this article. 30 ORDINANCE NO. 2003-044 (f) Exempt signs. Signage as provided in section 28.050 of this article is allowedwithin this district. 28.170. Gasoline service stations. The following additional requirements shall apply to gasoline service stations and if they conflict with other provisions in this article, the following shall prevail: (1) Monument signs compatible with the architectural design of the service station are the only permitted freestanding signs. Only one (1) such sign is permitted per service station site and it can measure no more than seven (7) feet in height and six (6) feet in width. If there are businesses separate from the service station which are also located on the site, they may have identification on the freestanding monument sign. (2) Canopies shall not contain any signage, striping or super graphics. (3) Window signage shall not be permitted, unless it is permanent in nature, is a fixture and made of a durable material, not made of paper, cardboard, cloth, plastic, canvas or wallboard. Window signage shall not exceed ten (10) percent of the area of the window. ® (4) Lighting fixtures shall be baffled and arranged so that illumination is deflected away from adjacent properties and roadways. (5) All signage at a gasoline service station site shall otherwise comply with the remaining requirements of this article. 28.180. Principal arterial commercial design standards overlay. The following additional requirements shall apply to commercially zoned properties that abut principal arterial roadways as set out in section 6.64(2) of Chapter 28, and if they conflict with other provisions in this article, the following shall prevail: (1) Monument signs compatible with the architectural design of the structure/project are the only permitted freestanding signs. Only one (1) such sign is permitted per site and it can measure no more than seven (7) feet in height and six (6) feet in width. If there are separate businesses that are located on the site, they may share identification on the one (1) freestanding monument sign. (2) Canopies, if contained within the project, shall not contain any signage, striping or super graphics. (3) Window signage, whether permanent or temporary, shall not be permitted. 31 ORDINANCE NO. 2003-044 (4) Lighting fixtures shall be baffled and arranged so that illumination is deflected away from adjacent properties and roadways. (5) Existing signs shall be nonconforming; however, they will have to comply with the requirements of this ordinance upon changes in signage that exceed a cost of five hundred dollars ($500.00). 28.190. Nonconforming signs. (1) The following types of signs are declared to be nonconforming and shall be removed no later than five (5) years from the date of adoption of Ordinance No. 25-98: (a) All roof signs, except integral. (b) All pole signs, except those allowed in section 28.140. (c) Painted wall signs, excluding supergraphic signs. (2) The following types of signs may be nonconforming as to size, height or both or other requirement of this article and shall be made to conform with the requirements of this article no later than five (5) years from the date of adoption of Ordinance No. 25-98: (a) All wall signs. (b) All monument signs. (3) All other types of signs which were lawfully erected and which no longer meet the zoning requirements of the City of Dania Beach zoning ordinance are declared nonconforming and shall be removed or brought in to conformance with the zoning ordinance no later than ninety (90) days from the date of adoption of Ordinance No. 2003- 28.200. Relief from requirements; sign adjustment; variances. A sign adjustment may be granted within the Downtown Dania Beach Redevelopment District by the city commission or granted with conditions (conditions must relate to the site and signs thereon), including the removal of other signs on the site, after review and recommendation by the planning and zoning board upon a showing by the applicant of the following: (1) The sign, after the granting of an adjustment, will still maintain the basic intent and aesthetic improvement purposes of the sign regulations, particularly as it affects the appearance and compatibility with properties in the surrounding areas, and any one of the following: 32 ORDINANCE NO. 2003-044 (a) The signs permitted under this Code cannot be adequately viewed due to physical site distinctions other than those imposed by city ordinances or created by the applicant; or (b) The architectural design of a structure or the site plan pose unique and extenuating characteristics which are not compatible with the requirements of this sign article; or (c) The structure or site configuration are unique, which causes the signage permitted by this article to be ineffective in identifying a use or structure that would otherwise be entitled to a sign. (2) If a sign is an existing sign, then the age of the sign and the extent to which the sign deviates from the existing code requirements shall also be considered, in addition to the criteria above. (3) A sign adjustment can never be obtained to allow a type of sign that is prohibited by section 28.060. (4) An application for a sign adjustment shall be made with the community development department. A fee of two hundred fifty dollars ($250.00) shall be paid at the time the application is submitted. Notice shall be given by posting the site or building with the date, time, and place of both the planning and zoning advisory board and city commission meetings. The notice shall be posted at least seven (7) days prior to each such meeting. (5) An application for a sign variance shall be made in accordance with section 11.10.1 of Chapter 28 and the applicable fee paid in accordance with section 8-3(h)(2)a.6. of the Code. Notice for a sign variance shall be given as provided for in section 10.32 (b), (c) and (d) of Chapter 28. A sign variance can never be obtained to allow a type of sign that is prohibited by section 28.060. (6) The provisions of the Florida Building Code (FBC) (or its successor code) pertaining to unsafe structures shall apply to signs that were permitted through the sign adjustment or variance process. 28,205 'la Arles and lfla gs, districts s str eet ttr all a�lrcable. t rcwrsrf�n of the Code. Flagpoles ni any residential district shall not exceed �:....iriaxit-rum height cal twent 2C)� fcc:i abo�;� «tognd._In all other onirig districts the M,-1XJT11U1r1 height,of{r tllag- vole shall be the�inaxirria n. structure heia t for the district M. which the na{male is located or forty (40) lcet whichever is less I'lagj)oles nlay not be placed on top of' btrildint~s or arcilla N" St °trues arch <r� {btrt r�o# lrn�rtccl tc>)<1�t pales. Flats rt1a� riot be dr<rlred. 33 ORDINANCE NO. 2003-044 or folded over the sides of buildings, nor shall they be permitted to be tied to the exterior of any building or window. (1) The maximum dimensions of any flag shall be proportional to the flag pole height. The hoist side of the flag shall not exceed twenty percent (20%) of the vertical height of the pole. In addition, flags are subject to the following dimensional limitations: Pole Height Maximum Flag Size Up to 25 ft. 24 total square feet 25 ft. to 40 ft. 40 total square feet. (2) Other than single family residential parcels, each parcel shall be allowed a maximum of three (3) flag poles. A maximum of two (2) flags shall be allowed per flag pole. References to the number of flags and flag poles and flag dimensions refer to both vertical flag poles and mast-arm flagpoles (for example, staffs extending at an angle from a building). On United States and Florida holidays, there shall be no maximum flag size or number or other limitations on manner of display. This Section 28.205 shall not prevent duly licensed marinas or boat docking facilities from displaying additional flags for navigation purposes as necessary. 28.210. Supergraphics signs. Supergraphics signs are a special permitted use on building walls in any zone; provided, however, the design for the Supergraphics has been reviewed and approved by the community development department under the criteria as follows: (1) The proposed general design, arrangement, texture, material, colors, lighting, placement and the appropriateness of the proposed sign in relationship to other signs and the other structures both on the premises and in the surrounding areas, and only approve signs which are consistent with the intent, purposes, standards and criteria of the sign regulations. (2) The number of items (scenes, symbols, shapes) shall be consistent with the amount of information which can be comprehended by the viewer and avoid visual clutter. (3) The shape of the sign shall not create visual clutter. (4) The size, style and location of the sign shall be appropriate to the activity of the message. (5) The sign shall complement the building and adjacent buildings by being designed and placed to enhance the architecture. (6) The sign should be consolidated into a minimum number of elements. 34 ORDINANCE NO. 2003-044 (7) The sign shall be proportional to the size and scale of the building upon which it is placed. (8) The decision to grant permission for a supergraphics sign shall not be based on the viewpoint or content of the proposed sign. Permitting for the sign shall be in accordance with Sections 28.020 through 28.032 of this article. 28.220. Temporary signs. The following temporary signs shall be permitted in any zoning district and shall be subject to the provisions set forth below: (1) Sign certificate required. Before a temporary sign shall be permitted to be displayed, a sign certificate shall first be obtained from the city's community development department in accordance with Sections 28.020 through 28.032 of this article. (2) Removal; bond required. At the time that an application is made for the certificate described in subsection (1) above, the applicant shall provide a cash bond to the city, the condition of which is that all signs permitted by the certificate shall be removed by the applicant seven (7) days after the special event or seven (7) days after the construction is completed or the property has been sold. Said bonds shall be in the principal sum of one hundred dollars ($100.00) and shall contain language which authorizes the city to use all or any part of the principal of the bond to cover its expenses in removing the signs if the applicant for the certificate does not remove said sign within said period of time. Candidates for political office who have qualified by the petition method pursuant to Section 99.095, Florida Statutes, seeking to post political campaign signs shall be exempt from this bond requirement. (3) Failure to obtain certificate; removal of signs. If temporary signs are posted and the aforesaid certificate has not been obtained, the city manager is hereby authorized and directed to cause said signs to be removed immediately. The community development department director shall keep an estimate of his department expenses in removing such signs and no certificate will later be granted to any applicant, unless the applicant first pays the expenses of removing such signs, as estimated by the community development department. Candidates for political office who have qualified by the petition method pursuant to Section 99.095, Florida Statutes, seeking to post political campaign signs, shall be exempt from this repayment requirement. (4) Decorative fags and bunting. Such signs shall only be permitted by the city commission in connection with special events held in the city which are sponsored by the city and open to the general public, and shall be limited to information pertaining to the special event. In no case shall the flags or bunting be displayed more than thirty (30) days prior to the date of the event and seven (7) days after the event has concluded. 35 ORDINANCE NO. 2003-044 (5) Real estate sales or development signs, and construction signs, unless otherwise • provided for in this article, shall not exceed eight (8) square feet in area. Real estate sales or development signs may be posted after the property is listed for sale or lease or after an application is filed for development, as is appropriate to the type of sign. Construction signs mayposted after the building permit authorizing the construction is issued. The removal of these signs shall be in accordance with subsection (2) above. (6) Banners or signs placed across any public street, park or other public way or property. Such signs shall only be permitted by the city manager on a temporary basis, on a finding that they are in connection with a special event being held in the city which is sponsored by the city and open to the general public. Such signs shall not be permitted to be displayed more than thirty (30) days prior to the special event and seven (7) days after the event has concluded. Information on the banner shall relate only to the special event, and shall consist only of the event name, the date(s) of the special event, the time and location. (7) Political Signs (temporary), subject to the removal requirements of subsection (2) above. . Section 4. That, except as amended above, all other provisions of Chapter 28 of the Code of Ordinances of the City of Dania Beach, Florida, as amended, shall remain in full force and effect. Section 5. That all ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict with the provisions of this ordinance are repealed. Section 6. That if any section, clause, sentence or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this ordinance. Section 7. That the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Dania Beach, Florida, that the sections of the Ordinance may be renumbered or relettered to accomplish such intentions, and that the word "Ordinance" shall be changed to "Section," "Article" or other appropriate word. Section 8. That this ordinance shall take effect immediately at the time of its passage and adoption. PASSED on first reading on November 25, 2003. PASSED AND ADOPTED on second reading on December 8, 2003. F 36 ORDINANCE NO. 2003-044 APPROVED: AAt_�� OB NNTbN MAYOR-COMMISSIONER ATTEST: ROLL CALL: COMMISSIONER CHUNN - YES COMMISSIONER FLURY- YES 4CARLEN J HN SONSON COMMISSIONER MIKES - YES CITY CLE VICE-MAYOR MCELYEA- YES MAYOR ANTON - YES APPROVED AS TO FORM AND CORRECTNESS FOR THE USE AND RELIANCE OF THE CITY ONLY: THOMAS . A SBRO CITY ATTORNEY • 37 ORDINANCE NO. 2003-044 AGENDA REQUEST FORM CITY OF DANIA BEACH AGENDA ITEM NO. 1. DATE OF COMMISSION MEETING: DECEMBER 8, 2003 2. DESCRIPTION OF AGENDA ITEM: TEXT AMENDMENT — SIGN CODE REVISIONS (2ND READING) 3. COMMISSION ACTION BEING REQUESTED: CONSENT AGENDA - ADOPT ORDINANCE — 2ND READING 4. SUMMARY EXPLANATION & BACKGROUND: PROPOSED TEXT AMENDMENT RECOMMENDED BY THE CITY ATTORNEY IN RESPONSE TO LITIGATION BY BILLBOARD COMPANIES AGAINST MUNICIPAL SIGN CODES. 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): Ordinance Staff report Public Hearing Notice 6. FOR PURCHASING REQUESTS ONLY: DEPT: AMOUNT: $ 7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA: Planning and Zoning Advisory Board reviewed this request at their November 19, 2003 regular meeting. See Staff Report for recommendation Submitted by: Laurence G. Leeds, AICP, Director Date December 3, 2003 Community Development Department City Manager Date CITY OF DANIA BEACH DEPARTMENT OF COMMUNITY DEVELOPMENT MEMORANDUM DATE: December 8, 2003 TO: Ivan Pato, City Manager VIA: Laurence Leeds, AICP, Director 4".' G Department Of Community Development SUBJECT: Sign Code Text Amendments (SECOND READING) APPLICANT: Community Development Department The proposed sign code changes are recommended by the City Attorney in response to litigation by billboard companies against municipal sign codes. The City Attorney indicates there have been recent challenges to sign codes in Miramar, Boca Raton, and other cities. Plaintiffs in these cases (often representing billboard companies) usually ask federal courts to invalidate a city's entire sign code based on minor flaws in the on-site sign regulations. The cases are complex and costly ® to defend (According to the city attorney, an estimated $50,000.00+ per case). Please note that additional staff time (as well as additional paperwork) will be required to implement the proposed sign code revisions. This will require reprioritizing some Planning and Zoning Division functions. PLANNING AND ZONING ADVISORY BOARD RECOMMENDATION Approval. Sign text amendment-2nd reading.doc CITY OF DANIA BEACH iZ.G AMENDMENTS NOTICE IS HEREBY GIVEN that a public hearing will be , held before.,the City Commission'of the;C(tyof Dania Beach on December 8'2003-at 7,:00 p m",or as'soon thereafter as,pOsslble ',inahe Dania Beach City.Corti mission ROOin Administrative Center,100 West Dania Beach Blvd;�Danla;Beach Florida•33004;for;the.puri-' pose of considering adoption on 2nd and final readin"g of proposed tent changes to the Dama Beach Code of Ordinances as"follows'' s,r Revisions tofZonmg lh,PCogress. AN ORDINANCE OF THE CITY,OF.,DANIA BEACH,FLORIDA PERTAINING TO ZONING;'AMENDll� ',CHAPTER28:;ZONING',`ARTICLE 9; 'ADMINISTRATION '`AND .'."ENFORCEMENT;;SECTION 9 24!1 aAUTHORITYtTO;IWITHHOLD PERMITS{ ND'LV CENSES;'ZONINGxIN PROGRESS'�OF,THE;CODE OF OR'} DINANCES TO'ALTER THE PROCEDURE FORDECLARING AND"ENFORCING ZONING,INI`PROGRESS,WITHIN^THEW CITY'ANMEXP,ANWTHE ZONING MATTERS SUBJECT TO THEI;P, AROCEDURE;lMOVIDING,FOR`CONFLICTS;`PRO- VIDING. SAVINGS'CLAUSE;PROVIDING FOR SEVERA- BILITY FURTHER PROVIDING'FOR AN EFFECTIVE DATE Revisions toiPark;ImpaCt Fees:;AN ORDINA-NCE'OF. THE CITY OFDANIA BEACH,FLORIDA;PERTAINING TO OEDICATIOWOF LAND"AND FEES IN:LIEU.THEREOF FOR `P,ARKS, OPEN..-SPACE iAND,RECREATION;:'AMENDING CHAPTER M PLAN NING`AND.DEVELOP MENT'ARTICLE VI.'DEDICATION,OF,LAND'FOR"PARKS;OPEN SPACE AND'RECREATION AREAS'•SECTIONS19.71 AND19.72' OF.THE,CODEOF;ORDINANCES TO;PROVIDE FOR DEDI CATION OF:'LAND OR'FEE IN"LIEU THEREOF WHEN A BUILDING;.PERMIT,FOR`A RESIDENTIAV UNIT IS RE- SAVINGS ROVIDIN PCLAUSE GPROVID NG :FOR SE ERABIL TY; F.URTHER PROVIMNG':FOR AN EFFECTIVE DATE Revisions to'Slgn Code AN,DRDINANCE,AMENDING ® CHAPTER 28,.;ZONING OF THE CODE OF'ORDINANCES OF THE'CITY:OF DANIA`-BEACH;,FLORIDA,BY AMENDr ING ARTICLE`2 DEFINITIONS',AND;ARTICLE 2&'SIGNS' TO REVISE,ANDW06ATEtTHE;CITYS:SIGN REGULA- TIONS;,PROVIDING;FOR�CONFLICTS,.PROVIDING,FOR SEVERABILITY;FURTHER PROVIDING FOR AN EFFEC- i Principal Arterial Design Regulations AN ORDINANCE OF THE CITYj,OF;DANIA BEACH;FLORIDA,,AMENDING CHAPTER;28;"ZONING;..".,ARTICLE;6"SUPPLEMENTARY USE:REGULATIONS,,SECTION 6:60"MISCELLANEOUS USES';"'SUBSECTIOM6'.64',PRINCIPALARTERIAL com MERCIAL.DESIGN STANDARDS OVERLAY!'OF THE CITY CODE OF ORDINANCES;TO MODIFY.THE THRESHOLD FOR COMPLIANCE'WITH:;THE STANDARDS;PROVIDING FOR CONFLICTS;,PROVIDING-FOR SEVERABILITY;AND PROVIDING FOR'AN EFFECTIVEIDATE " Copies.of the proposed changes are;available for viewing.in.the Department,of;,Community,Develop- ment,100 W@St Dania Beach BW&,.Dania Beach,Flori- da between the hours;of,8:00'a.m. and 4:00 p.m:, Monday,:Friday please c611'.(954)924.3645 for more information: Interested parties may appear at the public hearing and be heard with respect to the pro- posed petition. In accordance with;the Americans With Disabilities Act,.persons needing assistance to participate in any of these.proceedings should contact Charlene John- son,. City Clerk; 100 Wi Dania Beach Blvd, Dania Beach,:FL'33004,.(954),924-3622; at least 48 hours prior to meeting. Any person who decides to appeal any decision made by the City Commission with regard to any matter considered.at.this meeting or hearing.will need a record of Uie:.proceedings and for such purpose may need to ensure that a verbatim record`of the proceed- ings is made, which record includes the,testiniony and evidence upon which the appeal-is to based. Lou Ann.Cunningham. Planning Associate November 28,2003 . •