§ 150-030. Sign regulations.
(A)
Purpose. The purpose of this section is to create a comprehensive system of street graphic controls, thereby facilitating clear communication, improving the appearance of the City and reducing traffic hazards.
(B)
Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
Animated sign. A sign which utilizes motion of any part by any means or displays flashing, oscillating, sequential or intermittent lights other than time or temperature.
Architectural details. Any projection, relief, cornice, column, change of building material, window or door opening on any building.
Balloon sign. Any sign of fabric type material inflated by cold air to a point of semirigidity for the purpose of floating above the ground.
Banner sign. A sign having the characters, letters or illustrations applied to cloth, paper, plastic film or fabric of any kind, or any other material with similar characteristics, with only such material for backing.
Bench sign. Any sign painted on or attached to a bench or to a shelter for persons awaiting public transportation.
Building identification sign. A sign that shows the name or address of a building.
Bunting. Any kind of pennant, streamer or other similar fabric decoration.
Commercial event sign. A temporary sign announcing any commercial special event such as, but not limited to, the first opening of a business not previously conducted in the City by the same person, at the particular location or the first sale of dwellings in a project. It may be wood, paper, cloth, bunting or banner pennants.
Contractor/architect sign. A sign designating the name of the general contractor, subcontractor, architect or any other business or professional undertaking real property improvements on the site where the sign is located, whether commercial or residential.
Development identification sign. A sign that is permitted to be installed only around the perimeter of a development to identify the development.
Directional sign.
(1)
A noncommercial sign permanently erected and maintained by the City, county or state, or any agency thereof to:
(a)
Denote the name of and/or route to any thoroughfare.
(b)
Denote the route to any City.
(c)
Denote the name and/or route to any educational institution, public building, park, recreational facility or hospital.
(d)
Direct and regulate traffic.
(e)
Denote the name and/or route to any transportation or transmission company.
(2)
A noncommercial sign located on and relating to an activity on the premises upon which the sign is located, providing directional and safety information to pedestrian and vehicular traffic, for example: entrance, exit, and caution.
Directory sign. An index consisting of the names of tenants of an office building, shopping center or other multi-tenant business complex.
Eave line. The lowest line of the eaves on a pitched roof building.
Election sign any sign which indicates the name, cause or affiliation of anyone seeking public office or which indicates any issue for which a public election is scheduled to be held.
Facade. The face of a building from the ground to the top of the parapet in the case of buildings with flat roofs and to the ridge line of the roof in the case of buildings with a pitched roof.
Ground sign. Any freestanding solid structure containing one or two sign faces which is supported solely by its own ground-mounted base and which is not attached or affixed in any way to a building or other structure.
Illuminated sign. Any sign having characters, letters, designs, logos or outlines illuminated by electric lights or luminous tubes designed for that purpose, whether or not said lights or tubes are physically attached to the sign.
Item of information. A word, an initial, a logo, an abbreviation, a number, a symbol, or a graphic shape.
Model sign. A sign which designates a particular dwelling unit which is exhibited to depict other units of a similar design that are for sale.
Monument sign: A freestanding sign supported by a continuous foundation or structural base under all or substantially all of the sign.
Multi-tenant center. Any shopping center, office center, business center or industrial center in which two or more occupancies abut each other or share common parking facilities or driveways or are otherwise related.
Nonresidential public street. Those streets and streets segments denoted as nonresidential public streets in Figure 1.
Public rights-of-way upon which
residential real estate
open house directional signs
are permitted
(1) Westward Drive, from Flamingo Circle to Hammond Drive; (2) Ludlam Drive, from Lafayette Drive to Crane Avenue; (3) Crane Avenue from Thrush Avenue to North Royal Poinciana Boulevard; (4) North Royal Poinciana Boulevard, from Albatross Street to Ludlam Drive; (5) Morningside Drive in the area where there is a Parkway, from Palmetto Drive to Minola Drive; (6) The Parkway triangle located at South Royal Poinciana Blvd. and Ragan Drive; (7) The circles on South Drive, DeSoto Drive and Glendale Drive; (8) The triangle on Morningside Drive and Lake Drive; (9) The triangle at Lenape Drive and Corydon Drive; (10) The triangle at Hunting Lodge Drive and North Melrose Drive; (11) North and South Melrose Drive on the canal side only. Off-premise sign. Any sign advertising a commercial establishment, activity, product, service or entertainment which is sold, produced, manufactured, available or furnished at a place other than on the property on which the sign is located.
Parapet line. The line of a parapet on the facade of a flat roofed building with a parapet and the line of the roof on the facade of a flat roofed building without a parapet.
Political/ideological sign. Any sign which expresses any political or ideological idea or opinion of any kind.
Portable sign. Any sign not permanently attached to the ground or other permanent structure or a sign designated to be transported, including, but not limited to, signs designed to be transported by means of wheels; skid-mounted signs; signs converted to A- or T-frames; menu and sandwich board signs; balloons used as signs; and signs attached to or painted on vehicles parked to clearly provide advertising close to the public right-of-way, unless said vehicle is used in the normal day-to-day operations of the business, the sign area is less than two square feet per side and there is no reasonable alternative storage space.
Project construction sign. A sign announcing a project under construction or an intended use of the premises in the immediate future.
Projecting architectural sign. A sign which is attached flat against a projecting building wall or other structural element which is designed as an integral part of the building of which it is a part.
Projecting nonarchitectural sign. A sign which is directly attached to and projects from a building wall or other structure element by more than 15 inches.
Real estate for sale or for lease sign. A sign erected on-site by the owner or his agent, indicating property which is for rent, lease or sale, open for inspection, shown by appointment only or similar announcement.
Roof sign. A sign erected over, across or on the roof of any building, except that a projecting architectural sign shall not be deemed to be a roof sign.
Sidewalk or sandwich sign. A movable sign not permanently secured or attached to the ground.
Sign, commercial. Any writing, pictorial identification, description, illustration, presentation, illumination or other device which is affixed to or represented directly or indirectly upon a building, structure or land and which identifies or directs attention to a product, place, activity, persons, institution, business or service. However, any such writing, pictorial identification, and the like which is inside a building and cannot be seen from the outside shall not be considered a sign for the purposes of this section and shall not be regulated by this section. Any wall mural or other art work which bears no specific relationship to a particular product, place, activity, person, institution, business or service shall not considered to be a sign for the purposes of this section and shall not be regulated by this section. Any name of a newspaper or other publication of general circulation on a box for the distribution or delivery of such publication directly to customers shall not be considered to be a sign and shall not be regulated by this section. One United States flag and one other noncommercial flag on one pole per lot shall not be considered to be a sign if it is not greater than 20 feet in height and 15 square feet in area.
Sign, noncommercial. Any sign other than a commercial sign. Noncommercial signs include any required sign as specified in division (D), any public interest sign as specified in division (E), any residential name plate identification signs, any residential development identification sign, any residential development directional sign, any election signs and any political or ideological sign.
Signable area. Any one area of rectangular shape on the side of a building, provided that said signable area is free of architectural details and is located where the sign to which it pertains is located.
Sign area. When a sign is fabricated as a banner or box or other structure which is applied to the wall of a building, the sign area is the entire area of the rectangle which completely encloses the face of the sign. When a sign is a wall or window sign composed of individual letters, symbols or logos painted on or otherwise applied to a wall or window, the sign area is the entire area of the rectangle which completely encloses all letters, symbols and logos. When the sign is a ground sign, the sign area is the entire area of the rectangle which encloses the entire face of the sign and any supporting structure, except in the expressway sign district. In the expressway sign district, when the sign is a ground sign, the sign area is the entire area of the rectangle which completely encloses the entire face of the sign, but does not enclose any supporting structure which is below the lowest level at which letters, symbols or logos are located. For any other sign not described above, the sign area is the entire area of the rectangle which completely encloses the entire face of the sign, but does not enclose any supporting structure. See figures 2-4 for illustration of sign area measurements.
Sign face. The surface of a sign which contains the writing, pictorial identification, and the like which constitutes a sign.
Sign height. The height of the sign measured from the finished ground elevation to the top of the sign. If the area around the sign is bermed, then the height of the sign is determined from the crown of the fronting street.
Snipe sign. A sign which is tacked, nailed, posted, pasted, glued or otherwise attached to trees, poles, stakes, walls, trash receptacles or fences, or to other objects, and the advertising matter appearing thereon is not applicable to the present use of the premises upon which such sign is located, including garage sale signs. Legal notices required by law are exempted.
Temporary sign. Any sign to be displayed for a limited period as specified in division (J).
Wall sign, nonprojecting. A sign which is affixed to an exterior wall, facia, cantilever, marquee, awning, mansard or pitched roof of any building which is parallel thereto and supported by said wall, facia, cantilever, marquee, awning, mansard or building. No sign shall project higher than the top of said wall, facia, mansard or building.
Window sign, permanent. A permanent sign painted on or otherwise permanently attached to a window or door.
Window sign, temporary. A temporary sign attached to a window or a door.
Zoning lot. Any land area upon which is situated a given building and/or land use and which is needed to meet the minimum lot size, parking, landscaping, setback or other requirements for that building and/or use and any other building and/or use which may be on the same parcel.
(C)
Prohibited signs. The following signs are prohibited anywhere in the City:
(1)
Animated signs except time and temperature.
(2)
Banner signs except as commercial special event signs pursuant to division (J).
(3)
Buntings, balloons and commercial flags and pennants.
(4)
Obscene signs.
(5)
Pole signs.
(6)
Portable signs.
(7)
Projecting nonarchitectural signs.
(8)
Roof signs.
(9)
Sandwich or A-frame signs, except for residential real estate open house directional signs pursuant to division (C)(10) below.
(10)
Snipe signs.
(11)
Signs on public property, other than signs placed by agencies of governments or signs specifically authorized for placement on public property by this Code.
(12)
Signs on utility poles, other than signs placed by the applicable utility company for utility identification or similar purpose.
(13)
Any off-premise commercial sign, except that signs specifically permitted pursuant to divisions (G), (H), (I), and (J) may be off-premise signs by virtue of their content.
(14)
Any sign not expressly authorized by this Code or not specifically excluded from the purview of this section.
(D)
Required signs. The following signs must be placed where relevant and shall not be counted in determining the amount of signage permitted on a lot under this Code.
(1)
Warning signs at gasoline stations as prescribed by the fire marshal.
(2)
Fire lane markings and any such other signs as may be prescribed by the fire marshal.
(3)
Building identification signs:
(a)
Residential building with four dwelling units or less-address numerals at least three inches high either standing alone or in conjunction with the names of the occupants.
(b)
Residential building with more than four dwelling units and nonresidential buildings address numerals at least ten inches high.
(c)
Nonresidential building-address numerals at least three inches high at each building entrance.
(4)
Handicapped parking signs.
(5)
Directional signs for safe on-site vehicular and pedestrian circulation as may be deemed necessary by the City's site plan review authority.
(E)
Public interest signs. The following signs shall be permitted on any and all public or private land due to their public service benefit and shall not be counted in determining the amount of signage permitted on a lot under this Code.
(1)
Benches, approved by the City Council, may carry commercial and noncommercial signs if designed as an integral part of the structure and necessary to defray the cost of providing the structure.
(2)
Bus shelters, approved by the City Council, may carry commercial and noncommercial signs if designed as an integral part of the structure and necessary to defray the cost of providing the structure.
(3)
Directional signs for churches, public schools and similar institutions.
(4)
Any sign erected or required by governmental units, provided such sign is not larger than required by state or federal law.
(F)
Residential zoning district permanent signs. The following signs are authorized in all residential districts:
Residential development identification ground sign:
• Number maximum 2 sign faces for each road entering the development from outside the development • Area maximum per sign face 24 square feet • Height maximum 4 feet • Items of information 10 Directional sign:
• Number maximum As determined necessary by City staff • Area maximum per sign face 4 square feet • Content restrictions Content shall be limited to words and symbols necessary to direct traffic. Institutional use signs:
• Institutional uses in residential districts shall be permitted signage in accordance with the regulations applicable to the B-1 zoning district. (G)
Signs in the Northwest 36th Street and Abraham Tract Zoning Districts. The following signs shall be permitted in the Northwest 36th Street and Abraham Tract Zoning Districts.
(1)
Each zone lot having a street frontage of 100 feet or more shall be permitted a freestanding sign in accordance with the standards set forth in this section.
A second freestanding sign shall be allowed on lots containing 200 feet of street frontage on a single street and/or 100,000 square foot of gross floor area, provided that the second sign shall not exceed the maximum parameters of the next lowest category for which the property is eligible in accordance with § 150-030(B)(10) below, and provided further that the signs shall be separated by a minimum distance of 25 feet.
(2)
Freestanding signs: Freestanding signs, other than incidental signs and other signs expressly permitted by other provisions of this ordinance, are permitted in accordance with the following provisions and are otherwise prohibited:
(a)
Minimum frontage: A freestanding sign shall be permitted only on a property with at least 100 feet of street frontage on a single street.
(b)
Minimum setbacks: Freestanding sign shall not be located (leading edge) less than seven feet from any public right-of-way line, five feet from any adjacent property line, or 25 feet from any public right-of-way intersection.
(c)
Corner lots: A freestanding sign on a corner property shall be permitted only along the main street.
(d)
Building size: Subject to the provisions of paragraph (6) of this section, a freestanding sign shall be permitted only on a property with a nonresidential building of at least 1,000 square feet.
(e)
Landscaping: The sign shall be located in a landscaped area and 100 square feet of additional landscaping in accordance with a landscape plan approved by the City Manager or designee, in addition to the other applicable landscaping requirements, which shall be required as a condition of erecting and maintaining a freestanding sign. The landscaped area shall be enclosed with a continuous poured concrete curb (Miami-Dade County "Type D").
(f)
Materials: Freestanding signs shall be constructed of the same or aesthetically comparable materials and products of which the principal building finish on the same property is constructed.
(g)
Sign base: The sign base shall be of concrete construction, and shall have a minimum width of 75 percent of the sign face width.
(h)
[Double-faced freestanding sign:] A double-faced freestanding sign shall have a maximum distance of three feet between the sides and an internal angle not to exceed 30 degrees.
(i)
[Sign face:] No sign face shall face a single family residential zoning district.
(j)
Dimensions: The dimensions of freestanding signs permitted under this section shall not exceed the following:
Building Gross Floor Area
(Sq. Ft.)Total Sign Height
(Feet)Area per
Sign Side
(Sq. Ft.)Total Face Area
(Sq. Ft.)1,000 ± 10,000 6 25 50 10,000 ± 25,000 8 49 98 25,000 ± 50,000 12 64 128 50,000 ± 100,000 16 81 162 100,000+ 18 100 200 (3)
Wall signs:
(a)
Size. One wall sign for each building or store front on a zone lot. In addition to ground level wall signs for purposes of tenant identification, a maximum of three building identification signs shall also be permitted on the top floor of the building. The maximum area of such sign shall be in accordance with the following table:
Location of Sign on Building Square Footage of Signage
for Each Linear Ft. of Building
or Store Frontage1 or 2 story 1 3 story 1.5 4 story 1.75 5 to 9 2 10 story or more 3 (b)
Placement; width. The sign must be centered on the building or storefront and shall not encompass more than 75 percent of the width of the building or storefront. On corner lots or end caps of multi-tenant buildings, there may be two wall signs provided that the side wall sign may be no larger than the front sign. Wall signs that serve as building or major tenant identifications signs placed on the top floor of a building are not required to be centered on any given elevation of a building.
(c)
Sign construction. All wall signs constructed, erected, placed or modified after the effective day of this article shall consist only of individual, or channel letters, numbers, figures and other symbols. Individual letters must have a minimum depth of one-half inch.
(H)
Signs in the B-2 and MUB districts. The following signs shall be permitted in the B-2 and MUB districts:
Ground sign:
• Number maximum 2 sign faces per zoning lot • Setback minimum 5 feet from right-of-way • Height maximum 20 feet • Area maximum per sign face 120 square feet • Items of information maximum 10 Projecting architectural sign in lieu of ground sign:
• Number maximum 2 sign faces per zoning lot • Setback minimum 5 feet from right-of-way • Height maximum 10 feet above the eave or parapet line of the building on which it is located • Area maximum per sign face 120 square feet • Items of information maximum 10 Low nonprojecting wall sign:
• Number maximum 1 per each ground floor establishment which has its own principal public access directly facing a nonresidential public street or on an unobstructed pedestrian access way which leads to a public street • Area maximum 40 percent of signable area up to 30 square feet • Height maximum for one story buildings Either below the top of the building or below any cornice or other similar architectural detail which is at the top of the building, whichever is lower • Height maximum for buildings with more than one story and with second story Below the sill line of second story windows. In cases where the sill line varies, the sill line under which a sign is place shall govern • Height maximum for buildings with more than one story but no second story Not higher than four feet above the second floor line • Items of information maximum 30 High nonprojecting wall sign:
• Number maximum 1 sign face per building facade on a nonresidential public street • Area maximum 40 percent of signable area up to 100 square feet • Height maximum Either below the top of the building or below any cornice or other similar architectural detail which is at the top of the building, whichever is lower • Items of information maximum 10 Window sign:
• Number maximum 2 per each ground floor establishment which has its own principal public access directly facing a public street or on an unobstructed pedestrian access way which leads to a public street • Area maximum of one or both 15 percent of total window area up to 20 square feet • Items of information maximum when any letters and other graphic symbols which constitute an item are more than four inches high 10 • Items of information maximum when any letters and other graphic symbols which constitute an item are less than four inches high unlimited Additional sign or sign area:
• Number maximum 1 sign face per building if this provision is used to permit an additional sign • Area maximum 40 square feet allocated to one sign if this provision is used to permit an additional sign or 40 square feet distributed among all otherwise permitted sign faces • Location requirements Mounted on a building wall in accordance with the locational requirements applicable to low wall signs of this provision is used to permit an additional sign (I)
Signs in the B-1 zoning district. Ground signs and projecting architectural signs are expressly prohibited, as are all other signs identified as prohibited signs by division (C). The specific reference to division (C) in this section is not to be construed as meaning that division (C) does not apply to other sign districts. The following signs shall be permitted in the B-1 zoning district:
Low nonprojecting wall sign:
• Number maximum 1 per each ground floor establishment which has its own principal public access directly facing a nonresidential public street or on an unobstructed pedestrian access way which leads to a public street • Area maximum 40 percent of signable area up to 30 square feet • Height maximum for one story buildings Either below the top of the building or below any cornice or other similar architectural detail which is at the top of the building, whichever is lower • Height maximum for buildings with more than one story and with second story windows Below the sill line of second story windows. In cases where the sill line varies, the sill line under which a sign is placed shall govern • Height maximum for buildings with more than one story but no second story windows Not higher than four feet above the second floor line • Items of information maximum 10 Window sign:
• Number maximum 2 per each ground floor establishment which has its own principal public access directly facing a public street or on an unobstructed pedestrian access way which leads to a public street • Area maximum one or both 15 percent of total window area up to 20 square feet • Items of information maximum when any letters and other graphic symbols which constitute an item are more than four inches high 10 Additional sign or sign area:
• Items of information maximum when all letters and other graphic symbols which constitute an item are less than four inches high Unlimited • Number maximum 1 sign face per building if mounted in accordance with locational requirement (a) below, or 2 sign faces per building if hung according to locational requirement (b) below, or No additional sign faces if distributed according to locational requirement (c) below Location requirements:
(a) Mounted on a building wall in accordance with the locational requirements applicable to low wall signs, or (b) Hung below an awning or other canopy, or (c) Distributed among all otherwise permitted sign faces (J)
Temporary signs. Only the following temporary signs shall be permitted:
Residential District Non-Residential District Commercial special event sign: Not Permitted • Number per project 1 banner sign per establishment • Area maximum 30 square feet • Length of display Not to exceed 30 days total during the first six months following the securing of an occupational license by a new business occupant Real estate for sale and for lease signs: • Area maximum 144 square inches plus two panels not exceeding together 144 square inches in addition for special information such as number of bedrooms, number of baths, presence of pool, and suspended with "S" hooks from main sign 12 square feet • Number maximum 1 per street frontage 1 per street frontage • Length of display For the time period during which the property is offered During the time period during which the property is offered Residential real estate open house and talking house directional signs: • Area maximum 450 square inches 450 square inches • Open house sign regulations Open house signs shall be left in place only on the day and during the hours of the open house. Open house signs cannot be displayed unless there is actually an open house being held, with the owner or a representative available at the house to allow access to prospective buyers. In no case shall the sign be left in place for more than two consecutive days, or up to a maximum of three days in any seven day period. Open house signs must state "Open House" in large letters, and may also include the phrase "Talking House" with a directional arrow. Other real estate sale signs can only be displayed on the property for sale and are not to be considered open house signs Open house signs shall be left in place only on the day and during the hours of the open house. Open house signs cannot be displayed unless there is actually an open house being held, with the owner or a representative available at the house to allow access to prospective buyers. In no case shall the sign be left in place for more than two consecutive days, or up to a maximum of three days in any seven day period. Open house signs must state "Open House" in large letters, and may also include the phrase "Talking House" with a directional arrow. Other real estate sale signs can only be displayed on the property for sale and are not to be considered open house signs • Talking house sign regulations Talking house signs may be left in place for no more than two consecutive days, or up to a maximum of three days in any seven day period. Talking house signs must state "Talking House" in large letters, and may also include a directional arrow. Other real estate sale signs can only be displayed on the property for sale Talking house signs may be left in place for no more than two consecutive days, or up to a maximum of three days in any seven day period. Talking house signs must state "Talking House" in large letters, and may also include a directional arrow. Other real estate sale signs can only be displayed on the property for sale • Location On the property of the house being offered for sale, with the permission of the owner, specifically designated public rights-of-way as shown in Figure 1, and on the public right-of-way area directly adjacent to the property being offered for sale On the property of the house being offered for sale, with the permission of the owner, specifically designated public rights-of-way as shown in Figure 1, and on the public right-of-way area directly adjacent to the property being offered for sale Contractor/architect construction sign: • Number maximum 1 1 • Area maximum 144 square inches 6 square feet • Length of display During remodeling During construction During remodeling During construction Project construction sign: • Number per project 1 per street frontage 1 per street frontage • Area maximum 8 square feet 30 square feet • Height maximum 6 feet 10 feet • Length of display After site plan approval and up to issuance of certificate of occupancy or 18 months whichever is less After site plan approval and up to issuance of certificate of occupancy or 18 months whichever is less Garage sale sign: Not permitted Not permitted Political/ideological sign: Not permitted • Length of display Unlimited • Number Otherwise permitted signs may have political and ideological content in part or in whole • Area maximum As applicable to otherwise permitted signs • Height maximum above grade As applicable to otherwise permitted signs • Setback minimum As applicable to otherwise permitted signs (K)
Supplemental regulations.
(1)
Construction and workmanship standards. All permanent signs shall conform to state building code, including Chapter 23 relative to wind pressure standards. In addition, all signs shall be constructed, attached, painted or otherwise applied in a neat professional manner according to standard industry practice.
(2)
Electric standards. All electrical equipment and lines used as or in connection with signs shall meet the National Electric Code.
(3)
Maintenance required. All signs must be maintained in good condition. They shall be kept neat and safe at all times. Any evidence of sign deterioration shall be deemed a violation of this provision. Such evidence shall include, but not be limited to, peeling or cracking paint, severely fading paint, rust, cracking plastic or other deteriorating material.
(4)
Finished appearance required for rear of signs. Where the rear or side of any sign is visible from any street or from any adjoining residential district, said side of rear shall be finished with a neat surface which conceals the structural members and electrical equipment of the sign.
(5)
Illuminated signs facing residential districts restricted. No illuminated signs shall face a residential district in such a way that it shines directly onto residential properties.
(6)
Changeable copy permitted. Signs with removable or changeable copy are permitted. They shall count as a sign otherwise permitted by this section. They shall not be permitted in addition to any sign otherwise permitted by this section.
(7)
Required sign-theme design plan.
(a)
Each application for a permit for a permanent commercial sign shall be based on a written and graphic sign-theme design plan which establishes a unified design theme for all signs on a given zoning lot. For the purposes of this division, a unified design theme shall be the theme which has a degree of unity among the various signs with respect to the various design elements which together make up the design character of signs. These elements include, but are not necessarily limited to, construction type, materials, color, size of letters, size of logos and other graphics, size of signs, elevation of sign base lines, and elevation of sign top lines. The degree of unity required is that which clearly evidences that all permanent signs on the parcel were designed in concert with one another and with the architecture on which they are placed rather than without regard to one another or the architecture. It is not necessary for all signs to be identical or even nearly identical in order for sufficient unity to be achieved.
(b)
Sign-theme design plans shall be submitted to and reviewed by the site plan review authority.
(c)
An approved sign-theme design plan may be modified provided that all signs which already exist on the applicable parcel conform as they are to the new plan or are made to conform within 60 days of approval of the new plan. Any pre-existing sign which does not conform to an approval sign-theme design plan shall be deemed to be an illegal nonconforming sign and therefore shall enjoy none of the grandfather protections enjoyed by legal nonconformities. Such an illegal nonconforming sign shall be subject to immediate removal by the City at the expense of the owner of the property on which the sign is located.
(d)
Any otherwise legal sign existing prior to the enactment of this division and for which there is no approved sign-theme design plan may remain without time limit and without the need to prepare and have approved a sign-theme design plan. However, no additional or new signs may be placed on the lot on which such sign is located.
(L)
Administration and enforcement.
(1)
Permits and applications for permits for certain signs. Applications for permits shall be submitted on forms provided by the Code Enforcement Department. The following signs shall be required to have a sign permit:
(a)
Building identification sign
(b)
Commercial special event sign
(c)
Contractor/architect signs
(d)
Development identification sign
(e)
Ground sign
(f)
Model sign
(g)
Project construction sign
(h)
Projecting architectural sign
(i)
Wall sign, nonprojecting
(j)
Window sign, permanent
(2)
Minimum plan requirements.
(a)
Sign permit applicants shall provide plans and specifications for each sign showing all information necessary to determine compliance with this Code, including, where applicable, the approved sign-theme design plan. The plans and specifications shall also show the method of construction and attachment to the building or in the ground.
(b)
Drawings shall be to scale and shall show the square foot area and dimensions of the sign structure as well as the sign face, copy to appear on the sign, height of letters, colors, materials, lighting equipment, of any, and the position of the proposed signs relative to buildings, property lines, and/or other wall signs as appropriate. A survey or drawn plot plan with measurements shall be provided for signs which are not mounted on buildings.
(3)
Issuance of sign permit. If the sign, as indicated in the plans and specifications, is in accordance with the provisions of the state building code, and this chapter and any other relevant provisions of the City's Development Code, then a permit shall be issued for the erection of any such sign upon payment of the prescribed fee as established by the City provided that:
(a)
The sign company has secured a certificate of competency and satisfies the City's insurance requirements, and
(b)
The establishment to which the sign pertains has a valid occupational license.
(4)
Noncomplying signs.
(a)
Unsafe signs. Upon inspection by the City, if any sign is found to be unsafe, then the owner of the property on which said sign is located shall be required to make it safe in a manner consistent with all requirements of this Code or to remove such sign. If notice of need for corruption is not complied with within one week, the City shall cause such sign to be removed at the expense of the owner of the property on which the sign is located following a public hearing with due notice to all interested parties. Any sign deemed an immediate threat to public safety may be immediately removed by the City at the expense of the owner of the property on which the sign is located.
(b)
Damaged legal nonconforming signs. Any legal nonconforming sign which is damaged shall be removed if the cost of repair would exceed 50 percent of its original cost. The City shall determine whether or not damage exceeds 50 percent of its original costs following a public hearing.
(c)
Unmaintained signs. Any sign not maintained according to the requirements of this Code may be removed by the City at the expense of the owner of the property on which the sign is located following a public hearing with due notice to all interested parties.
(d)
Electric violations. Any electric sign installed at any location that does not conform with the National Electric Code or that violates the ordinances of the City shall, upon notice by the chief electrical inspector, be discontinued immediately from service by the owner until made to conform with this Code and is subsequently approved by the electrical and/or building inspectors. Upon failure to so discontinue service until conformation with this section, the City shall have the power, authority and duty to discontinue and disconnect the unlawful or nonconforming installation, at the expense of the owner of the property on which the sign is located.
(e)
Removal off illegal nonconforming signs. Signs shall be determined to be illegal nonconforming signs only following a public hearing with due notice to all interested parties. Any sign so determined to be an illegal nonconforming sign shall be removed within 30 days of notification to the owner of the property on which the sign is located. The City may remove any such sign if the owner fails to comply with this requirement for removal. The expense of such removal shall be charged to the owner of the property on which the sign is located.
(5)
Enforcement.
(a)
Sign contrary to provisions. No sign shall be permitted to be erected, installed or applied in the City contrary to the provisions of this section.
(b)
Authorization to remove. The Building Official and the Chief Code Enforcement Officer of the City shall enforce the provisions of this section, and further, the Building Official and Chief Code Enforcement Officer are hereby authorized and directed to remove all signs which are contrary to the provisions of this section in accordance with division (4) above.
(c)
In the event the City cannot locate the owner, then a notice shall be mailed to the last known address of said owner and a copy of said notice shall be attached to the sign in violation of this section. If the sign is removed by the City, the City is hereby vested with the authority to appropriate the materials obtained from such sign and to credit the value thereof to the owner against the cost of such removal.
(d)
If such expense is not paid within 30 days from the date of the notice of such City expense for removal of said sign, the City shall have the right to impress a lien upon the real property upon which such sign is located. The City shall have the continuing right to foreclose such lien, in accordance with general law in a court of competent jurisdiction.
(M)
Nonconforming signs.
(1)
Any sign, having an original cost in excess of $100.00 and which is nonconforming as to permitted sign area or any other reason which would necessitate the complete removal and/or total replacement of the sign, may be maintained for the longer of the following two periods:
(a)
Four years from the date upon which the sign became nonconforming under the provisions of this Code and amendments hereto; or
(b)
A period of five to nine years from the installation date or the most recent renovation date which preceded the effective date of this Code. However, if the date of the most recent renovation is chosen as the starting date for the period of amortization, then such period of amortization shall be calculated according to the cost of the renovation and not according to the original cost of the sign. The term of years to be determined by the cost of the sign or of such renovation, including installation cost, shall be as follows:
Sign Cost or
Renovation CostPermitted Years From
Installation or Renovation Date$ 101.00 to $3,000.00 Five years $3,001.00 to $5,000.00 Six years $5,001.00 to $7,000.00 Seven years $7,001.00 to $9,000.00 Eight years Over $9,000.00 Nine years (2)
Any owner of a sign who desires to rely upon an amortization period longer than four years shall file with the Building Official, within two years from the effective date of this section (November 28, 1990) (or most recent renovation) and a written agreement to remove or bring into conformance such nonconforming sign at or prior to the expiration of the amortization period applicable to that sign.
(3)
Off-premises commercial signs facing any federal primary system expressway shall be exempt from this subdivision due to federal regulations. In the event the Federal Highway Beautification Act or F.S. Chapter 479 is repealed, amended or adjudicated to not required compensation, then the removal provisions contained in subdivisions (M)(1) and (2) shall apply.
(Ord. 772-90, passed 11-28-90; amend. Ord. 869-2000, passed 1-8-01; amend. Ord. 1000-2010, passed 11-22-10; amend. Ord. 1062-2014, passed 2-24-14 ; amend. Ord. 1087-2016, passed 6-27-16 ; amend. Ord. 1102-2018, passed 2-12-18 )