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HomeMy WebLinkAbout2009-02 Sign Code Amendment• • ORDINANCE 2009-02 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE VILLAGE SIGN CODE TO REVISE THE DEFINITION FOR GROUND SIGNS, AMEND THE DESIGN AND CONTENT REQUIREMENTS FOR PERMANENT SIGNS AND GROUND SIGNS, ALLOW SPECIFIED GROUND SIGNS TO IDENTIFY MULTIPLE TENANTS OR OCCUPANTS, ALLOW FOR TEMPORARY BANNERS UNDER LIMITED CIRCUMSTANCES, AND CLARIFY THE PROVISIONS REGARDING POLITICAL SIGNS; PROVIDING FOR NEW REGULATIONS GOVERNING TEMPORARY SIGNS EFFECTIVE TWO YEARS AFTER THE EFFECTIVE DATE OF THIS ORDINANCE; AMENDING SECTION 6-111, "GENERAL PROVISIONS," SECTION 6-112, "EXEMPT SIGNS," 6-114, "PERMITTED TEMPORARY SIGNS," AND 6-115, "PERMITTED PERMANENT ACCESSORY SIGNS;" PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village Council wishes to amend the provisions of the Village sign code to expand the definition of ground signs and alter the design requirements, allow for removable for sale and for lease signs on ground signs, allow for temporary banners on commercial parcels for limited periods of time, allow for ground signs for larger projects to identify the name of the project and the names of up to five occupants or tenants subject to Village Council approval, and clarify the provisions of the sign code relating •to political signs; and WHEREAS, the Village Council wishes to enact new regulations limiting the allowable types of temporary signs and providing for review of certain temporary signs at the time of site plan approval; and WHEREAS, the Village Council has determined that the adoption of this Ordinance is in the best interests of the health, safety and welfare of the Village and its residents. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein. Section 2. The Village Council hereby amends Chapter 6, `Buildings and Building Regulations," Article V, "Signs and Outdoor Displays," of the Village Code of Ordinances by amending Section 6-111 to read as follows (additional language is underlined and deleted language is strielorn-threugh): Page 1 of 11 • • Sec. 6-111. General provisions. (A) Criteria for appearance. (1) Wall signs shall be part of the architectural concept of the building. Size, color, lettering, location and arrangement shall be harmonious with the building design. (2) Ground signs shall be designed to be compatible with the arskitecture-of the building in harmony with the architectural theme. design style and scale of the principal building on site and incorporate complementary building materials. The same criteria applicable to wall signs shall apply to ground signs. (3) Identification signs of a prototype design shall conform to the criteria for building and ground signs. (4) Materials used in signs shall have good architectural character and be harmonious with the building design and surrounding landscape. (5) Every sign shall be designed so as to have visual relationship to buildings and surroundings. (6) Colors shall be used harmoniously and with restraint. Excessive brightness and brilliant colors shall be avoided. Lighting shall be harmonious with the design. If external spot or flood lighting is used, the light fixtures and light source shall be arranged so that the light source is shielded from view. (7) All permanent signs shall comply with the requirements and procedures of the Village Appearance Code. (H) Definitions. * * * * ** Ground sign. Anv sign that is erected on the ground. when no part of the sign is attached to anv part of a building or structure. A around sig_ n shall be supported by a base no greater than three (31 feet in height. A sign that is supported by a three «' f of 'f;gh maximum ba3c. The sign and -bass shall be r onolit-li h l genera, ve-aea mar line --and shall o entialiy have t�,e ntour from grade to t„r n whic1, Jll{1 * * * Page 2 of 11 • • Section 3. The Village Council hereby amends Chapter 6, `Buildings and Building Regulations," Article V, "Signs and Outdoor Displays," of the Village Code of Ordinances by amending Section 6-112 to read as follows (additional language is underlined and deleted language is stricken): Sec. 6-112. Exempt signs. The following signs are exempt from the operation of these sign regulations, and from the requirement in this Code that a permit be obtained for the erection of permanent signs, provided they are not placed or constructed so as to create a hazard of any kind: (A) Signs that are not designed or located so as to be visible from any street or adjoining property. (B) Parking area directional signs may be erected at each point of ingress and egress to a parking lot or parking area. Such signs shall not exceed two (2) square feet in background area nor extend to a height greater than three (3) feet above ground. Only one (1) such sign shall be allowed at each point of ingress and egress, provided such signs do not create a traffic or pedestrian hazard. (See section 6-116(D)) No names or logos permitted. (C) Signs necessary to promote health, safety and welfare, and other regulatory, 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 Palm Beach, or the Village of North Palm Beach. (D) Legal notices and official instruments. (E) Decorative flags and bunting for a celebration, convention, or commemoration of significance to the entire community when authorized by the village manager for a period, not to exceed thirty (30) days. (F) Holiday lights and decorations, erected during the appropriate holiday season, shall comply with all building and electrical codes. Holiday lights and decorations may be erected no earlier than four (4) weeks prior to the subject holiday with the exception of the Christmas/Hanukkah holidays. Christmas/Hanukkah lights and decorations may be erected no earlier than October 15th. All holiday lights and decorations must be removed within two (2) weeks following the holiday. (G) Merchandise displays behind storefront windows so long as no part of the display moves or contains flashing lights. Page 3of11 • • (H) Memorial signs or tablets, names of buildings and dates of erection when cut into any masonry surface or when constructed of bronze or other incombustible materials and attached to the surface ofa building. (I) 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 newspaper racks, telephone booths, and gasoline pumps. (J) Advertising and identifying signs located on taxicabs, buses, trailers, trucks, vehicles or vehicle bumpers, subject to the regulations of section 6-113(B)(23) of this Code. (K) Public warning signs to indicate the dangers of trespassing, swimming, animals or similar hazards. (L) Works of art that do not constitute advertising. (M) Signs carried by a person. (N) Religious displays. Q) Temporary banners not exceeding thirtv-two (32) sauare feet within commercial zoning districts upon written application to and approval by the community development department. The application shall be accompanied by an administrative processing fee established by the village council. Temporary banners shall be limited as follows: LU No single commercial parcel may display a temporary banner for more than sixty (60) days during, either consecutive or alternate. during anv calendar year. No single commercial parcel shall display more than one temporary banner at any given time. and all banners must relate to a business located within the parcel holding a valid village business tax receipt. No banner may exceed thirtv-two (32) sauare feet in overall surface area or ten (10) feet in height or width. The materials used for the banner must conform to industry standards. Each banner must be located entirely against the principal building below the second story floor line (if applicable) and be securely fastened at each corner or edge. Page 4 of 11 Section 4. The Village Council hereby amends Chapter 6, `Buildings and Building Regulations," Article V, "Signs and Outdoor Displays," of the Village Code of Ordinances by amending Section 6-114 to read as follows (additional language is underlined and deleted language is strieken-threugh): Sec. 6-114. Permitted temporary signs. (A) Where allowed. Temporary signs are allowed throughout the village, subject to the restrictions imposed by this section and other relevant parts of this Code. Temporary signs do not require a building permit. (B) Sign types allowed. A temporary sign may be a pole, ground or building wall sign, but may not be an electric sign. (C) Removal of illegal temporary signs. Any temporary sign not complying with the requirements of this section is illegal and subject to immediate removal by the village forces. (D) Restrictions on content of temporary signs. A temporary sign may display any message so long as it is not: (1) Harmful to minors as defined by this Code. (2) Advertising as defined by this Code, except that advertising for the following purposes may be displayed: a. To indicate that an owner, either personally or through an agent, is actively attempting to sell, rent or lease the property on which the sign is located or a unit located on the nronertv. b. To identify construction in progress. Such message shall not be displayed more than sixty (60) days prior to the beginning of actual construction of the project, and shall be removed when construction is completed. If a message is displayed pursuant to this section, but construction is not initiated within sixty (60) days after the message is displayed, or if construction is discontinued for a period of more than sixty (60) days, the message shall be removed, pending initiation or continuation of construction activities. c. To announce or advertise such temporary uses as grand openings, carnivals, revivals, sporting events, or any public charitable, educational or religious event or function. Such message shall not be displayed more than thirty (30) days prior to the event or function and shall be removed within two (2) working days after the special event. Approval of the size and locations of the signs by the department of community development is required. Page 5of11 d. Political sign. Nothing shall be construed to regulate the content or internal design of a political sign. Signs advertising political events and functions shall not be displayed more than thirty (30) days prior to the event or function and shall be removed not more than seven (7) calendar days following the event or function advertised by the sign. Campaign signs shall not be displayed more than thirty (30) days prior to the candidate qualifying for office or issue being voted upon and shall be removed within seven (7) days following the election. (E) Permissible size, height and number of temporary signs. w Non -political signs. One family and two-family residences. A parcel on which is located a single one -family or two-family residence may display not more than one temporary sign with a sign area of not more than five (5) square feet. No sign shall exceed five (5) feet in height. Front setback shall be ten (10) feet and side setback shall be three (3) feet. (2)b. Multi family residences. A parcel on which is located a multi -family residence may display not more than one (1) temporary sign with a sign area of not more than thirty-two (32) square feet. No individual sign shall exceed eight (8) feet in height. Front setback shall be ten (10) feet and side setback shall be three (3) feet. (3)c. On all other parcels. All other parcels may display not more than one (1) temporary sign with an aggregate sign area of not more than sixteen (16) square feet. No sign shall exceed eight (8) feet in height. (4) All arcas Political signs. Three (3) temporary political signs, each not exceeding five (5) square feet in sign area and not more than five (5) feet in height, may be displayed on any parcel within the village. Section 5. Effective two years from the effective date of this Ordinance, Section 6-114 of Article V, "Signs and Outdoor Displays," of Chapter 6, `Buildings and Building Regulations," is hereby repealed in its entirety and the following substituted in its place (new language is underlined): Sec. 6-114. Permitted temporary signs. (A) Where allowed. Temporary signs are allowed throughout the village. subiect to the restrictions imposed by this section and other relevant parts of this Code. Temporary signs do not reauire a building permit. (B) Sign tunes allowed. A temporary sign may be a pole. ground or building wall sign. but may not be an electric sign. Page 6of11 • (C) Removal of illegal temvorary signs. Any temporary sign not complying with the reauirements of this section is illegal and subiect to immediate removal by the village forces. (D) Restrictions on content of temvorary signs. A temp orary sign may display anv message so long as it is not: al Harmful to minors as defined by this Code. Advertising as defined by this Code. except that advertising for the following purposes may be displayed: a. To indicate that the owner of a vacant lot. either personally or through an agent. is attempting to sell the property on which the sign is located. b. To indicate that an owner of a one -family or two-family residence or a unit within an existing multi -family development. either personally or through an agent. is actively attempting to sell. rent or lease the property on which the sign is located or a unit located on the pronertv. Existing multi -family developments are limited to one sign per development located in the common area and meeting each of the requirements applicable to signs for one and two family residences set forth in subsection (E)(1)a below. c. To identify construction in progress. Such message shall not be displayed more than sixty (60) days prior to the beginning of actual construction of the project. and shall be removed upon issuance of a certificate of occupancy or completion. If a message is displayed pursuant to this section. but construction is not initiated within sixty (60) days after the message is displayed. or if construction is discontinued for a period of more than sixty (60) days. the message shall be removed. pending initiation or continuation of construction activities. The design of anv such temporary sign shall be submitted. reviewed and approved in coniunction with site plan review. d. To identify the sale or lease of newly constructed or reconstructed residential or commercial units. Such message shall not be displayed until the issuance of a certificate of occupancy or completion for the project and may only be displayed for a period of six (6) months from the date of issuance of a certificate of occupancy or completion or until all units on the property are sold or leased. whichever first occurs. The design of any such temporary sign shall be submitted. reviewed and approved in coniunction with site plan review. Page 7of11 • • e. Political sign. Nothing shall be construed to regulate the content or internal design of a political sign. Signs advertising political events and functions shall not be displayed more than thirty (30) days prior to the event or function and shall be removed not more than seven (7) calendar days following the event or function advertised by the sign. Campaign signs shall not be displayed more than thirty (30) days prior to the candidate aualifving for office or issue being voted upon and shall be removed within seven (7) days following the election. fkl Permissible size. height and number of temporary signs. Non -political signs. a. One-familv and two-family residences. A parcel on which is located a single one -family or two-family residence may display not more than one temporary sign with a sign area of not more than five (5) sauare feet. No sign shall exceed five (5) feet in height. Front setback shall be ten (10) feet and side setback shall be three (3) feet. b. Multi -family residences. A parcel on which is located a multi -family residence may display not more than one (1) temporary sign with a sign area of not more than thirty-two (32) sauare feet. No individual sign shall exceed eight (8) feet in height. Front setback shall be ten (10) feet and side setback shall be three (3) feet. Signs pertaining to the sale or lease of a unit or units within an existing multi -family development are restricted as set forth in subsection (D)(21b above. c. On all other parcels. All other parcels may display not more than one (1) temporary sign with an aggregate sign area of not more than sixteen (16) sauare feet. No sig_ n shall exceed eight (8) feet in height. Political signs. Three (3) temporary political signs. each not exceeding five (5) sauare feet in sign area and not more than five (5) feet in height. may be displayed on any parcel within the village. Section 6. The Village Council hereby amends Chapter 6, `Buildings and Building Regulations," Article V, "Signs and Outdoor Displays," of the Village Code of Ordinances by amending Section 6-115 to read as follows (additional language is underlined and deleted language is strielorn4hr-eugh): Page 8 of 11 Sec. 6-115. Permitted permanent accessory signs. (A) Sign types allowed. A permanent accessory sign may be a ground or building wall sign. (B) Content. A permanent accessory sign may only display any combination of the following, none of which may be harmful to minors as defined in this Code. (1) Letters depicting the name of the building or the name of the building occupant. (2) Letters depicting the nature of the business and that are a maximum of fifty (50) percent of the height of the letters in paragraph (B)(1) of this section. A logo symbol for the building or the building occupant which does not exceed fifty (50) percent of the allowable sign area. (4) Street address number and/or name. Street address numbers may be located on anv portion of a around sign not conflicting with anv other reauirement of this article. A removable sign affixed by permanent brackets within the sign face area of a ground sign indicating that units within the same parcel are for sale or for lease and including a contact phone number. The brackets and sign cannot cover any other portion of the sign copy, including anv lettering. logo or address. For commercial projects occupied by multiple retail or service establishments where the total area of the proiect. including outparcels. exceeds five (51 acres. aground sign may. subiect to planning commission review and approval of the sign design in accordance with the criteria set forth in this article. depict the name of the proiect and the names of up to five tenants or occupants of the proiect. A "for sale" or "for lease" sign may be substituted for one of the tenant or occupant signs if the space within the project is being actively marketed for sale or lease. Noncommercial message. Notwithstanding anything contained in other sections of the Code of the village to the contrary, any sign erected pursuant to the provisions of this code may, at the option of the applicant, contain either a noncommercial message unrelated to the business located on the premises where the sign is erected or a commercial message related to the business and located on the business premises. The noncommercial message may occupy the entire sign face or portion thereof The sign face may be changed from commercial to noncommercial messages as frequently as desired by the owner of the sign, provided that the size and design criteria conform to the applicable portions of this code, the sign is allowed by this code, the sign conforms to the requirements ofthe applicable zoning designation and the appropriate permits are obtained. For the purposes of this sign code, noncommercial messages, by their very nature, shall never be deemed off premises. (3) 0.1 (57) Page 9of11 (C) Permissible number, area spacing and height ofpermanent accAssoty signs (1) Ground signs: a. Multi -family buildings with more than four (4) dwelling units. Number -- One (1) maximum. Sign Area -- Maximum thirty-two (32) square feet. Height -- Eight (8) feet maximum. Set back, Minimum -- Ten (10) feet front — three (3) feet side. b. Commercial occupancy: Number -- One sign per parcel right-of-way frontage maximum. TABLE INSET: Sign Setback Sign Height Sign Face Area Minimum Maximum Maximum 5 ft. 8ft. 30 sq. ft. 10 ft. 8ft. 36 sq. ft. 20 ft. 10 ft. 40 sq. ft. 30 ft. 10 ft. 45 sq. ft. (2) Building wall signs: a. Subject to the design criteria of this article, the maximum mounting height of a building wall sign shall be eighteen (18) feet, except that on a building of more than two (2) stories, a single building wall sign is allowed above eighteen (18) feet facing each public street frontage. b. Each multiple occupancy complex may display one (1) permanent accessory building wall identification sign facing each public street frontage on the principal building in which the complex is located, not to exceed a sign area of twenty (20) square feet. c. Each occupant of a multiple occupancy complex that has a licensed building frontage which has direct ground level walk-in access from a public or private roadway or sidewalk may display one (1) permanent accessory building wall sign on any exterior portion of the complex that is part of the occupant's unit (not including a common or jointly owned area), and that has a maximum sign area of five (5) percent of the facade area if the front building setback is twenty-five (25) feet minimum, seven (7) percent of the facade area if the front building setback is seventy (70) feet minimum and ten (10) percent of the facade area if the front building setback is one hundred (100) feet minimum. Exception: An occupant that has building facade area facing multiple public street frontages may have one (1) full size wall sign facing a public street frontage and a one-half( 1/2) size wall sign facing the other street frontages. Page l0 of 11 • • d. Each occupant of a single occupancy complex may display one (1) permanent accessory wall sign on the principal building in which the occupancy is located, not to exceed a sign area of five (5) percent of the facade area if the front building setback is twenty-five (25) feet minimum, seven (7) percent of the facade area if the front building setback is seventy (70) feet minimum and ten (10) percent of the facade area if the front building setback is one hundred feet (100) minimum. Exception: An occupant that has building facade area facing multiple public street frontages may have one (1) full size wall sign facing a public street frontage and one- half (1/2) size wall sign facing the other street frontages. * * * Section 7. The provisions of this Ordinance shall become and be made a part of the Code of the Village of North Palm Beach, Florida. Section 8. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of this Ordinance. Section 9. All ordinances or parts of ordinances and resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 10. This Ordinance shall take effect immediately upon adoption, provided, however, that the changes set forth in Section 5 shall be effective two years after the effective date of this Ordinance. PLACED ON FIRST READING THIS 8th DAY OF JANUARY, 2009. PLACED..ON SECOND, FINAL READING AND PASSED THIS 22nd DAY OF JANUARY 2009. ,(V�llsge Seal) •• EST: -"'"VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: VILLAGE ATTORNEY MAY6k Page 11 of 11