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HomeMy WebLinkAboutOrd 1958-033 Sign OrdinancePage r; a ORDINANCE #33 AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, PALM BEACH COUNTY, FLORIDA, REGULATING THE ERECTION, CONSTRUCTION, LOCATION AND MAIN'1'1•,NANCE OF SIGNS WITHIN THE LIMITS OF THE VILLAGE; DEFINING CERTAIN TERMS; PROVIDING FOR THE POSTING OF BONDS OR INSURANCE POLICIES; PROVIDING FOR THE ISSUANCE OF PnEMITS AND fllS TO BE PAID IN CONNECTION THEREWITH; Eta,SCRIBING A PROCEDURE FOR INSPECTION; ESTABLISHING PENALTIES FOR VIOLATION OF THE PROVISIONS OF MIS ORDINANCE; REPEALING ORDINANCES IN CONFLICT HEREWITH, SUBJECT TO CERTAIN EXCEPTIONS; AND FOR 0ThBR PURPOSES. NOW THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF Tt1L VILLAGE OF NORTH PALM BEACH, FLORIDA: Section 1. Short Title. This ordinance shall hereafter be known and cited as the "Sign Ordinance". Section 2. Definitions. Az used in this ordinance unless the context other indicates: (a) The term "sign" shall mean and include any device designed to inform or attract the attention of person not on the premises on which the sign is located and shall include every sign, billboard, ground sign, temporary sign, marquee, awning and canopy. It shall also include any announcement, declaration, demonstration, display illustration or insignia used to advertise or promote the interests of any person when the same is placed in view of the general public or is visible and legible from public ways or from off the premises. (b) The term "on -site sign" shall mean and include any sign relating in its subject matter to the premises on which it is located, or to products, accommodations, services or activities on the premises. On -site signs do not include signs erected by the outdoor advertis- ing industry in the conduct of the outdoor advertising business. (c) The term "off -site sign" shall mean and include any sign other than an on -site sign. (d) The term "outdoor advertising industry" and "outdoor advertising business" shall mean any industry or business which provides outdoor displays or display space on a lease or rental basis only. (e) For the purpose of determining number of signs, a sign shall be considered to be a single display surface or display device containing elements organized, related and composed to form a unit. Where matter is displayed in a random manner without organized relationship of elements, or where there is reasonable doubt about the relationship of elements, each element shall be considered to be a single sign. (f ) The surface area of a sign shall be computed as including the entire area within a parallelogram, triangle, circle or semi -circle comprising all of the display area of the sign and including all of the elements of the matter displayed, but not forming part of the display itself, or frames surrounding the display area. (g) "Illuminated Sign" shall mean any sign which has characters, letters, figures, designs or outline illuminated by electric lights or luminous tubes as a part of the sign proper. Page /i•' Ordinance #33 Page 12 (h) "Facing" or "Surface" shall mean the surface of the sign upon, against, or through which the message is displayed or illustrated on the sign. (i) "Incombustible Material" shall mean any material which will not ignite at or below a temperature of 1200 Fahrenheit and will not continue to burn or glow at this temperature. (j) "Person" shall mean and include any person, firm, partnership, association, corporation, company or organization of any kind. (k) "Structural Trim" shall mean the molding, battons, cappings, nailing strips, latticing, and platforms which are attached to the sign structure. (1) "Erect" shall mean to build, construct, attach, hang, place, suspend, or affix, andsha3 i also include the painting of wall signs. (m) "Building Official" shall mean the duly appointed. Th 1lding Official of the Vi l l age of North Palm Beach. GENERAL REGULATIONS Section 3. Permits Required. It shall be unlawful for any person to erect, repair, alter, relocate or maintain within the Village of North Palm Beach any sign as defined in this ordinance, without first obtaining a permit from the Funding Official and making payment of the fee required by Section 24 hereof. All illuminated signs shall, in addition, be subject to the provisions of the Electrical Code, and the permit fees required thereunder. Section 4. Permit Issued if Application in Order. It shall be the duty of the Building Official, upon the filing of an application for a permit to examine the premises upon which it is proposed to erect the sign or other advertising structure, and if it shall appear that the proposed structure is in compliance with all the requirements of this ordinance and all other laws and ordinances of the Village of North Palm Peach, he shall then issue the permit. If the work authorized under a permit has not been completed within six (6) months after date of issuance, the said permit shall become null and void. Section 5. Unsafe and Unlawful Signs. If the Building Official shall find that any sign or other advertising structure regulated herein is unsafe or insecure or is a menace to the public, or has been constructed or erected or is being maintained in violation of the provisions of this ordinance, he shall give written notice to the owner thereof. If the owner fails to remove or alter the structure so as to comply with the provisions herein set forth within ten (10) days after such motion, such sign or other advertising structure may be removed or altered to comply by the Building Official at the expense of the owner of the property upon which it is located. The Building Official may cause any sign or other advertising structure which is an Immediate peril to persons or property to be removed summarily and without notice. Section 6. Painting Required Every Trro Years. The owner of any sign as dPfined and regulated by this ordinance shall be required to have properly painted at least once every two • Page ,/.5 • 0rdinance 433 Page 43 • • years all parts and supports of the said sign, unless the same are galvanized or otherwise treated to prevent rust. Section 7. Wint Pressure and Dead Load. Requirements. All signs and other advertising structures shall be designed and constructed to withstand a wind pressure of not less than seventy-five (75) pounds per square foot of area; and sh.11 be constructed to receive dead loads as required in the Building Code or other ordinances of the Village of North Palm Peach. Section 8. Removal of Certain Signs. Any sign now or hereafter existing which no longer advertises a bonatide business conducted, or a product sold, shall be taken down and removed by the owner, agent, or person having the beneficial use of the building or structure uponwhich such sign may be found within ten (10) days after written notification from the ?Wilding Official, and, upon failure to comply with such notice within the time specified in such order, the Building Official is hereby authorized to cause removal of such sign, and any expense incident thereto shall be paid by the owner of the building or structure to which such sign is attached. Section 9. Obstructions to Doors, Windows or Fire Escapes. No sign shall be erected, relocated or maintained so as to prevent free ingress to or egress from any door, window or fire escape. No sign of any kind shall be attached to a stand pipe or fire escape. Section 10. Signs not to Constitute Traffic Hazard. No sign or other advertising structure as regulated by this ordinance shall be erected at the intersection of any streets in such a manner as to obstruct free and clear vision; or at any location where, by reason of the position, shape or color, it may interfere with, obstruct the view of or be confused with any authorized traffic sign, signal or device; or which makes use of the words "STOP", "TOOK", "DRIVE-IlQ", "DANGER", or any other word, phrase, symbol or character in such manner as to interfere with, mislead or confuse traffic. No intermittent lights not embodied in an outdoor advertising sign nor any rotating or flashing light shall be permitted. Section 11. Signs Not to Extend Beyond Property Line. No portion of any sign or other advertising structure as regulated by this ordinance shalll extend beyond any property line. Section 12. Sootlights, Floodlights, and Goose Neck Reflectors. Spotlights, floodlights and goose neck reflectors and lights shall be permitted on ground signs, roof signs, and wall signs, provided, however, proper glass lenses concentrating the illumination upon the area of the sign shall be provided so as to prevent glare upon the street or adjacent property. No source of illumination as described in this section shall be directly visible from any public way or residential district. Section 13. Obscene Matter Prohibited. It shall be unlawful for any person to display upon any sign or other advertising structure any obscene, indecent or immoral matter. Section 14+. Location of Signs. Na signs or other advertising device of any character as regulated by this ordinance shall be erected, posted, pasted, displayed or permitted upon or about any part of property located in areas zoned as R-1 (Single Family Dwelling District), R-2 Page ,is Ordinance 433 Page 4+ (Multiple Family Dwelling District), and R-3 (Apartment Dwelling District), as defined in Village Ordinance 420 as amended. In areas zoned CIA (T.imited Commercial District), and Cl (Neighborhood Commercial District), only on -site signs shall be permitted in accordance with the following formulas and restrictions: For each ten (10) lineal feet of lot frontage on a public street, a maximum of one sign, containing no more than ten (10) square feet of surface area shall be permitted, however, along the frontage lot line upon which the principal entrance of any business house or commercial establishment faces, one sign not exceeding ten (10) square feet in surface area shall be allowed for each five (5) lineal feet of frontage. The total surface area permitted may be used in a lesser number of signs ham the maximum permitted, but the maximum number shall not be exceeded even though the total permissive surface area is not used. Section 15. Signs Not Covered. Any sign or advertising structure not covered by the provisions of this Ordinance will be erected only upon the approval of the Building Official. The Building Official shall approve any such structure provided he finds that the proposed design is satisfactory and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in the Ordinance in quality, strength, effectiveness, fire - resistance, durability and safety. Section 16. Exemptions. The provisions and regulations of this ordinance shah not apply to the following signs, provided, however, said signs shall be subject to the provisions of Section 5: (a) Signs not exceeding one (1) square foot in area and bearing only property numbers, or names of occupants of premises. (b) Real estate signs not exceeding five (5) square feet in area which advertise the sale, rental or lease of the premises upon which said sighs are located only, and signs used by a builder or developer to advertise property during construction and sales period, yrvvided, how- ever, that any such builder's and developer's signs shall be subject to the amp oval of the Building Official. (c) Professional memo plates not exceeding one (1) square foot in area. (d) Bulletin boards not over eight (8) square feet in area for public, charitable or religious institutions when the same are located on the premises of said institutions. (e) Signs denoting the architect, engineer or contractor when placed upon work under construction, and not exceeding sixteen (16) square feet in area. (f) Occupational signs denote g only the name and profession of an occupant in a commercial building, public institutional building or dwelling house, and not exceeding two (2) square feet in area. (g) 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. (h) Traffic or other municipal signs, legal notices, danger, and other such temporary, emergency or non -advertising signs as maybe approved by the Village Council. • Page / / 7 • Ordinance #33 Page #5 • • Section 17. Bond or Public Liability Insurance Required. It shall be unlawful for any person to engage in the business of sign or outdoor advertising, or in the business of erecting or maintaining signs within the Village, unless and until such person shall have filed with the Village Council a bond or certificate of public liability and property damage insurance policy executed by a company authorized to do business in the State of Florida, in a sum of not less than Ten Thousand Dollars for injury to one person, and Twenty Thousand Dollars for injury to more than one person, and Five Thousand Dollars for damage to property, and so conditioned as to indemnify, keep harmless and save the Village and all persons from any damages, costs, liabilities or expenses of any kind whatsoever which they or it might suffer by reason of the construction, erection and maintenance of his signs, or the destruction thereof, total or partial, by any means whatsoever, including acts of God. GROUND SIGNS Section 18. (a) Definition. Ground sign as regulated by this ordinance shall include any sign supported by uprights or braces placed upon the ground, and not attached to any building. (b) Construction. (1) Materials Required. A11 ground signs for which a permit is required under this ordinance, shall have a surface or facing of incombustible material; provided, however, that combustible structural trim may be used thereon. (2) letters, etc., to be Secured. All letters, figures, characters or representa- tions in cut-out or irregular form, maintained in conjunction with, attached to, or superimposed upon any sign shall be safely and securely built or attached to the sign structure. (c) Location. (1) Heights Timitation. It shall be unlawful to erect any ground sign whose total height is greater than twenty (20) feet above the level of the street upon which the si faces, or above the adjoining ground level, if such ground level is above the street level. (2) Space Between Signs and Ground and Other Signs and Structures. Ground signs shall have an open space not less than two (2) feet between the base line of said sign and the ground level. This open space may be filled in with a platform or decorative lattice work which does not close off more than one-half of any square foot of such open space. No ground sign shall be nearer than two (2) feet to any other sign, building or structure. (3) Not to Mislead, Interfere With, or Confuse Traffic. All ground signs shall conform to the provisions of Section 10. (d) Erection. (i) Eeacinp, Anchorage and Supports. All ground signs shall be securely built, constructed and erected upon posts and standards sunk at least three (3) feet below the Page / 1 2 • • Ordinance 433 Page #6 Natural surface of the ground, and, shall be supported and braced by timbers, or metal rods in the rear thereof, extending from the top thereof to a point in the ground at least a distance equal to one-half the height of such sign, measured along the ground, from the posts or standards upon which the same is erected. (2) Supports, etc., to be Creosoted. All posts, anchors and bracing of wood shall be treated to protect them from moisture by creosoting or other approved methods when they rest upon or enter into the ground. (3) Wind Pressure, and Dead Load Requirements. A11 ground signs shall conform to the requirements of Section 7. (e) Premises to be Kept Free of Woods, etc. All ground signs and the premises surround- ing the same sham be maintained by the owner thereof in a clean, sanitary, and inoffensive condition, and free and clear of all obnoxious substances, rubbish and woods. WAIL SIGNS Section 19. (a) Definition. Wall sign as regulated by this ordinance shall include all flat signs of solid face construction which are placed against a builr5itg or other structure and attached to the exterior front, rear, or side wall of any building, or other structure. (b) Construction. (1) Materials Required. All wall signs for which a permit is required under the ordinance, shall have a surface of facing of incombustible material; provided, however, that combustible structural trim may be used thereon. (c) Location. (1) T.imitation on Placement and Area. No wall sign shall cover wholly or partially any wall opening, nor project beyond the ends or top of the wa31 to which it is attached, and any one wall sign shall not exceed an area of five hundred. (500) square feet. (2) Projection Above Sidewalk and Set -back Line. No wall sign shall be permitted to extend morethan six (6) inches beyond the building line, and shall not be attached to a wall at a height of less than (10) feet above the sidewalk or ground. (3) Obstructions to Door, Windows or Fire Escapes. No wall sign shall be erected, relocated or maintained so as to prevent free ingress to or egress from any door, window or fire escape. (d) Erection. (1) Supports and Attachment. All wall signs shall be safely and securely attached to the building wall by means of metal anchors, bolts, or expansion screws of not less than 3/8 inch in diameter embedded in said wall at least five (5) inches; provided, how- ever, that such signs may rest in, or be bolted to strong, heavy metal brackets or saddles set not over six feet apart, each of which shall be securely fixed to the wall as Page 117 • • • • Ordinance-#33 Page #7 hereinbefore provided. In no case shall any wall sign be secured with wire, strips of wood or nails. (2) Wind Pressure and Dead Load Requirements. All wall signs shall conform to the requirements of Section 7. ROOF SIGNS Section 20. (a) Definition. Beef sign as regulated by this ordinance shall mean any sign erected, constructed and maintained wholly upon or over the roof of any building with the principal support on the roof structure. (b) Construction. (1) Materials Required. Every roof sign, including the upright supports and braces thereof, shall be constructed entirely of incombustible materials; provided, however, that combustible structural trim may be used thereon. (c) Location. (1) Height and Area Limitations. No roof sign shell have a surface or facing exceeding three hundred (300) square feet, nor have its highest point extended more than twenty (20) feet above the roof level. (2) Set back from Roof Edge. No roof sign shall be erected or maintained with the face thereof nearer than five (5) feet to the outside wall toward which the sign faces. (3) Prohibited Obstructions. No roof sign shall be placed on the roof of any building or structure in such manner as to prevent free passage from one part of said roof to any other part thereof or interfere with openings In said roof and shallcomply with Section 9 hereof. (d) Erection. (1) Bracing„ Anchorage and Supports. Every roof sign shall be thoroughly secured to the building by iron or other metal anchors, bolts, supports, rods, or braces. (2) Wind Pressure, and Dead Load Requirements. All roof signs shall conform to the requirements of Section 7 of this ordinance. PROJECTING SIGNS Section 21. (a) Definitions. (1) Projecting sign as regulated by this ordinance shall include any sign which is attached to a building or other structure and extended beyond the line of the said building or structure or beyond the surface of that portion of the building or structure to which it is attached. A11 projecting signs shall be i7luninated signs, as defined by this ordinance. (2) Horizontal projecting sign means any sign which is greater in width than in height. (3) Vertical projecting sign means any sign which is greater in height than in width. Page / ].o • • • • Ordinance #33 Page #9 (b) Construction. (i) Every projecting sign, including the frames, braces and supports thereof, shall be designed by a structural engineer or manufacturer, and shall be approved by the Build- ing Official as in compliance with the Building Code of the Village of North Palm Beach and by the Electrical Inspector as in compliance with the Electrical C& of the Village of North Palm Beach, shall be constructed of incombustible materials, sPr.11 be illuminated and shall be two faced. (2) Illumination. The reflectors shall be provided with the proper glass lenses concentrating the illumination upon the area of the sign and preventing glare upon the street or adjacent property; and no floodlight or spotlight nor reflectors of the goose, neck type shall be permitted on projecting signs. (3) Limitation of Glass. The lettering or advertising designs to be illuminated may be composed of glass or other transparent or semi -transparent incombustible material. Any glass forming a part of any sign shall be safety glass or plate glass at least 1/4 inch thick and in case any single piece or pane of glass has an area exceeding three (3) square feet, it shall be wired glass. (4+) Movable Parts to be Secured. Any movable part of a projecting sign such as the cover of a service opening shall be securely fastened by chains or hinges. (5) Area Limitations.. Except by special permission of the Village Council project- ing signs shall be limited in area as follows: a. Horizontal projecting signs fifty (50) square feet each side. b. Vertical projecting signs one hundred (100) square feet Parh side. (6) Thickness T3mitation. The distance measured between the principal faces of any projecting sign shall not exceed eighteen (18) inches. (c) Location. (1) Obstruction and. Traffic Haaards. Every projecting sign shad be erected in full compliance with Sections 9 and 10 of this ordinance. (d) Erection. (1) Bracing, Anchorage and Supports. Projecting signs exceeding ten (10) square feet in area or fifty (50) pounds in weight shall not be attached to nor supported by frame buildings nor the wooden framework of a building. Said signs sha.1T be attached to masonry walls with galvanized expansion bolts at least 3/8 inch in diameter, shall be fixed in the wall by means of bolts extending through the wall, sail contain proper size metal washer or plate on the inside of the wall, and shall comply with Section 7 thereof. (2) Anchorage with Wire, etc., Prohibited. No projecting sign shall be secured with wire, strips of wood or nails, nor shall any projecting sign be hung or secured to any other sign. (e) V-Shaped Signs Prohibited. IT -Shaped signs, consisting of two single faced signs erected without a roof or ceiling, shall not be permitted. Page /A! • • • • Ordinance #33 Page 110 9EMPORARY SIGNS Section 22. (a) Definitions. Temporary signs as regulated by this ordinance shall include any sign, banner, pennant, valance or advertising display constructed of cloth, canvas, light fabric, cardboard, wall board or other light materials, with or without games, intended to be displayed for a short period of time only. (b) Construction. (1) Materials and Area Timitations. No temporary sign of combustible material shall exceed four (0+) feet in one of its dimensions or one huns9red (100) square feet in area, and provided such signs In excess of sixty (60) square feet shall be made of rigid materials, that is, of wall board or other light materials with frames. (2) Weight Timitation. Every temporary sign weighing in excess of fifty (50) pounds must be approved by the Building Official as conforming to the safety require- ments of the Building Code of the Village of North Palm Beach. (c) Duration of Permits. Permits for temporary signs shall authorize the erection of said signs and their maintenance for a period not exceeding thirty (30) days. (d) Advertising Permitted. The advertisement contained on any temporary sign shall pertain only to the business, industry or pursuit conducted on or within the premises on which such sign is erected or maintained. This provision shell not apply to signs of a civic, political or religious nature. AWNINGS AND CANOPIES Section 23. (a) Definitions. (1) Awning. An awning as regulated by this ordinance shell include any structure made of cloth or metal with a metal frame attarheri to a commercial building, when the same is so erected as to permit its be5ng raised to a position flat against the building when not in use. (2) Canopy. A canopy as regulated by this ordinance sha.TT include any structure, other than an awning, made of cloth or metal with metal frames attached to a commercial building, and carried by a frame supported by the ground or sidewalk. (b) Construction. (1) Materials, Awnings. Awnings maybe constructed of cloth or metal, provided, however, all frames and supports shall be of metal. (2) Materials, Canopies. Canopies maybe constructed of cloth or metal hood, provided, however, all frames and supports shell be of metal. (c) location. (1) Height Above Sidewalk, Awnings. All awnings sbell be constructed and erected so Page / a r • Ordinance #33 Page #1l • • • that the lowest portion thereof shall be not less than eight (8) feet above the level of any sidewalk or pubic thoroughfare. (2) Height Above Sidewalk, Canopies. All canopies shall be constructed and erected so that the lowest portion thereof shall be not less than nine (9) feet above the level of any sidewalk or public thoroughfare. (3) Width, Awnings and Canopies. Nb limitation or width of awnings, provided, however, full compliance with Section 7 is required. Nb canopy shall be permitted to exceed eight (8) feet in width. (d) Erection. (1) .Awnings, Support. Every awning shall be securely attached to and supported by the building. Posts or columns beyond the building line shall not be permitted for awnings. No awning shall be attached to the wood jambs, frames, or other wood. members of a building. (Frame building excepted). (2) Canopies, Support. The framework of all canopies shall be approved by the Building official as in compliance with the Building Code of the Village of North Palm Beach. All frames and supports shall be of metal and designed to withstand a wind pressure as provided in Section 7 of this ordinance. Posts or columns beyond the building set -back line shfl l not be permitted. (e) Advertising. No advertising shall be placed on any awning or canopy, except that the name of the owner and the business, industry, or pursuit conducted within the premises may be painted or otherwise permanently placed in a space not exceeding eight (8) inches on the front and side portions thereof. (f) Permits and Inspection. Permits for awnings and canopies shall be required as pro- vided in Section 3. NONCONFORMING SIGNS Section 24. Nonconforming Signs. Beery sign or other advertising structure in existence on adoption of this ordinance which violates or does not conform to the provisions hereof, shall be removed, or altered, or replaced so as to conform with the provisions of this ordinance within two (2) years. Section 25. Permit Fees. Permit fees for signs regulated by this ordinance shall be as follows: (a) Where the valuation does not exceed $100.00 there shall be a $2.00 fee. (b) For a valuation over $100.00 up to and including $500.00 the fee shall be $3.00. (c) For a valuation over $500.00 up to and including $L,000.00 the fee shall be $5.00. (d) For a valuation over $1,000.00 the fee shall be $5.00 for the first one thousand plus $3.00 for each additional thousand or fraction thereof. Said fees shall be in addition to any license tax now or hereafter levied and assessed by the Village of North Palm Beach. No fee shall be Prorated to accommodate short term publicity features. Ordinance #33 Page #12 Section 26. Nonconforming Existing Signs. Every sign or other advertising structure lawfully in existence on the adoption of this ordinance shall not be altered or moved unless it be made to comply with the provisions of'this ordinance. Section 27. Revocation of Permits. The Building Official is hereby authorized and empowered to revoke any permit issued by him upon failure of the holder thereof to comply with any provision of this ordinance. Section 28. Compliance with Zoning Ordinance. Despite anything contained in this ordinance, the location and existence of any sign shall comply with the provisions of Ordinance 420 of said Village, as amended, the same being the comprehensive zoning ordinance for said Village, in all cases where the provisions of the zoning ordinance are more restrictive than the provisions of this ordinance. Section 29. Penalties. Any person, firm or corporation violating any of the provisions of this ordinance shall be deemed guilty of.a misdemeanor and upon conviction thereof shall be. punished by fine not exceeding $500.00 or by imprisonment. Each day such violation is committed, or permitted to continue, shall constitute a separate offense and shall be punishable as such hereunder. Section 30. Separability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 31. Effective Date of Ordinance. upon its passage and approval as provided by law. PASSED AND ADOPTED on first reading this This ordinance shall take effect immediately 22nd day of April, 1958. PASSED AND ADOPTED on second and final reading this 27th day of May , 1958. Village Clerk Mayor