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HomeMy WebLinkAboutOrdinance 1972-014 Sign OrdinanceORDINANCE NO. 14-72 AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING CHAPTER 34 OF THE VILLAGE OF NORTH PALM BEACH CODE BY AMENDING COMPLETELY THE CODE PROVISIONS CONCERNING SIGNS IN THE VILLAGE OF NORTH PALM BEACH. BE IT ORDAINED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA: Section 1. That Sections 34-18 through 34-99 of the Village of North Palm Beach Code are hereby repealed. Section 2. That Sections 34-1 through 34-17 of the Village of North Palm Beach Code are hereby amended to read as follows: i • Sec. 34-1. DEFINITIONS ---As used in this Chapter, unless the con- text otherwise indicates, the following words and phrases shall have the meanings indicated: (1) Builder -Developer Sign is a temporary sign advertising construction projects, and real estate for sale or lease. (2) Building means any structure built for the support, shelter or enclosure of persons, animals, chattels, or property of any kind which has enclosing walls for 50% or more of its perimeter. The term "building" shall be construed as if followed by the words "or part thereof." (For the purpose of this Code each portion of a building separated from other portions by a fire wall shall be considered as a separate building). (3) Shed means any structure built for the support, shelter or enclosure of persons, animals, chattels, or property of any kind which has enclosing walls for less than 50% of its perimeter. (4) Open Shed means any structure that has no enclosing walls. (5) Building. Inspector shall mean the duly appointed Building Inspector of the Village of North Palm Beach, or his deputy. (6) Erect shall mean to build, construct, attach, hang, place, suspend, or affix. (7) Facing or Surface shall mean the surface of the sign upon, against, or through which the message is displayed or illuminated on the sign. (8) 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. (9) 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. (10) Number. 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 or- ganized relationship of elements, or where there is reasonable doubt about the relationship of elements, each element shall be considered to be a single sign. (11) 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. (12) Painted Wall Sign shall mean a sign painted on a wall, pavement, or any other surface of a building or structure. (13) Person shall mean and include any person, firm, partnership, association, corporation, company or organization of any kind. (14) Pole, Ground or Free Standing Sign shall mean a sign which is supported by one or more columns, uprights or braces in or upon the ground. -2- (15) Sign shall mean and include any device designed to inform or attract the attention of persons not on the premises on which the sign is located. 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. (16) Surface Area. In computing surface area in square feet, standard mathematical formulas for known or common shapes will be used. In the case of irregular shapes, straight lines drawn closest to the extremities of the shape will be used. On signs with more than one face, only that face or faces visible from any one direction at one time will be computed. (17) Temporary Sign shall mean a sign which is intended to advertise community or civic projects, construction projects, real estate for sale or lease or other special events on a temporary basis. (18) Wall Sign is a sign which is in any manner affixed to any exterior wall of a building or structure and which projects not more than 18 inches from the building or structure wall and which does not; extend above the parapet, eaves or building roof of the building on which it is located. Sec. 34-2. PERMITS---(1) Permits Required. It shall be unlawfu:r for any person to erect, repair, alter or relocate or maintain within the village any sign defined in this Chapter without first obtaining a permit from the Building Department and making pay- ment of the fee required by this Section. All illuminated signs shall, in addition, be subject tothe provisions of the Electrical Code, and the permit fees required thereunder. (2) Fees. (Based on sign valuation): Not exceeding $100 valuation, $3.00; from $100 to $500 valuation, $5.00; from $500 to $1,000 valuation, $10.00; over $1,000 valuation, $10.00 plus $3.00 for each additional $1,000 or fraction thereof. (3) Revecation. The Building Department is hereby authorized and empowered to revoke any permit issued upon failure of the holder thereof to comply with any provisions of this Chapter. Sec. 34-3. UNSAFE AND UNLAWFUL SIGNS---(1) Only signs that are specifically set forth hereafter as being permitted in the various zones can be erected and all signs not specifically permitted are hereby expressly prohibited from being erected in such zones, provided, however, that motor vehicles with advertis- ing devices or signs of any nature attached or affixed in any manner to the motor vehicle may be permitted on a parcel of land for not more than 24 consecutive hours and for not more than 24 hours in any 48-hour period. Non -motorized vehicular signs or sign structures attached or affixed in any manner on or to any non -motorized wheeled vehicle are expressly prohibited in any zone. (2) If any sign regulated herein is found by the Building Department to be unsafe, insecure, a menace to the public, constructed, erected or maintained in violation of the provisions of this Chapter, written notice shall be given to the owner thereof. If the owner fails to remove or alter the structure so as to comply with the provisionsl: herein set forth within ten (10) days after such notice, such sign shall be removed or altered to comply by the Building Department at the expense of the owner of the property upon which it is located. The Building Department shall cause any sign which is an immediate peril to persons or property to be removed summarily and without notice. -4- Sec. 34-4. IDENTIFICATION OF SIGNS ---Every outdoor advertising sign hereafter erected, constructed or maintained, for which a permit is required, shall be plainly marked with the name of the person, firm or corporation erecting and maintaining such sign and shall have affixed on the front thereof the number of permit issued for said sign by the Building Department. Sec. 34-5. MAINTENANCE ---All signs for which a permit is required, together with all their supports, braces, guys, anchors and plastic faces, shall be kept in repair and unless constructed! of galvanized or non -corroding material shall be thoroughly painted at least once every two years. The Building Department may order the removal of any sign that is not maintained in accordance with the provisions of this Section. Such removal shall be at the expense of the owner or lessee. Sec. 34-6. DESIGN REQUIREMENTS ---All signs shall be designed and constructed to withstand a wind load of fifty (50) pounds per square foot. The Building Department shall require sufficient design data, in every case, to determine whether the sign complies with the applicable codes of the village. All ground signs which exceed forty (40) square feet in area shall be designed, signed, sealed and certified by a Florida registered engineer, who shall submit sufficient design data to enable the Building Department to determine whether the sign complies with the applicable Codes of the village. Sec. 34-7. OBSCENE MATTER PROH1BITED---It shall be unlawful for any person to display upon any sign or other advertising structur$ any obscene, indecent, or immoral matter. I Sec. 34-8. SIGN NOT COVERED ---Any sign not covered by the provisions of this Chapter will be erected only upon approval of the Building Department. The Building Department shall approve any such structure, provided it is found the proposed design is satisfactory and that the material, method or work offered is, for the purpose intended, at least equivalent of the prescribed in this Chapter in quality, strength, effectiveness, fire - resistance, durability and safety. Sec. 34-9. LOCATION RESTRICTIONS ---No sign shall be erected, constructed or maintained so as to obstruct any fire escape or any window or door or opening used as a means of egress or so as to prevent free passage from one part of a roof to any part thereof. No sign shall be attached in any shape or manner to a fire escape nor be placed in such a manner as to interfere with any opening required for legal ventilation. Sec. 34-1.0. CONSTRUCTION REQUIREMENTS---(1) Lighting of signs by flashing or intermittent illumination, rotating, revolving, oscillating or moving signs, the use of neon tubes or other illuminating devices to outline part or all of a building shall be prohibited. Exposed neon tube and lamps are prohibited. -5- (2) The use of reflector -type spot or flood lamps and exposed incandescent lamps larger than 15 watts, unless properly shielded to prevent glare upon the street or adjacent property, shall be prohibited. (3) All ground signs shall be erected within landscaped areas. Minimum distance from the edge of the landscaped area to sign supports shall be three (3) feet. (4) All electric wiring to signs shall be installed in conduit. The conduit shall be installed under the ground in accordance with the Village Electric Code. Sec. 34-11. REMOVAL OF CERTAIN SIGNS ---Any sign now or hereafter, existing which no longer advertises a bona fide 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 upon which such sign may be found within ter) (10) days after written notification from the Building 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. Sec. 34-12. SPECIFIC SIGN REQUIREMENTS BY ZONING DISTRICTS--- (1) For District R-1, the following are permitted signs: (a) One sign, not exceeding one (1) square foot in surface area and bearing only property numbers, street address and/or names of occupants of premises. (b) One Real Estate Sign not exceeding five (5) square feet in surface area which advertises the sale, rental or lease of the premises upon which said signs are located only. (c) One or two signs denoting the architect, engineer and/ or contractor when placed upon work under construction, and not exceeding eight (8) square feet in surface area in total. (d) Traffic or other municipal signs, legal notices, danger and such temporary or emergency signs as may be approved by the Village Council. (e) No ground sign may be located closer than 10 feet of the front property line or three feet of the side and rear property line, except sign allowed in Subsection (a) above. (2) For Districts R-2 and R-2A, the following signs are permitted: (a) One sign, not exceeding one (1) square feet in surface area and bearing only property numbers, street address and/or names of occupants of premises. (b) One Real Estate Sign not exceeding five (5) square feet in surface area which advertise the sale, rental or lease of the premises upon which said signs are located only. (c) One or two signs denoting the architect, engineer and/or contractor when placed upon work under construction, and not exceeding eight (8) square feet in surface area in total. (d) Traffic or other municipal signs, legal notices, -6- danger, and such temporary or emergency signs as may be approved by the Village Council. (e) Bulletin Boards not over twenty-four (24) square feet in surface area for public, charitable or religious institutions when the same are located on the premises of said institutions. (f) Memorial signs on tablets, names of buildings and dates of erection when cut into any masonry surface or when constructed of bronze or other incombustible materials and not exceeding eight (8) square feet in surface area. (g) In addition to the above listed signs, the following are permitted: 1. Type. On -site ground and wall signs which may indirectly illuminated only. 2. Number. One sign only permitted. 3. Size. The maximum surface area shall he eight (8) square feet. 4.Heig�ht. The maximum total height of a ground sign shall be (6) feet above ground level. (h) Location. No ground sign may be located closer than ten (10) feet of the front property line or three (3) feet of the side and rear property line. This provision does not apply to the sign allowed by Subsection (a) above. (3) For District R-3, the following signs are permitted: (a) One sign, not exceeding three (3) square feet in sur- face area and bearing only property numbers, street address and/or names of occupants of premises. (b) One Real Estate Sign not exceeding five (5) square feet in surface area which advertise the sale, rental or lease of the premises upon which said signs are located only. (c) One or two signs denoting the architect, engineer and/or contractor when placed upon work under construction, and not exceeding eight (8) square feet in surface area in total. be (d) Traffic or other municipal signs, legal notices, danger, and such temporary or emergency signs as may be approved by the Village Council. (e) Bulletin Boards not over twenty-four (24) square feet in surface area for public, charitable or religious institu- tions when the same are located on the premises of said institutions. (f) 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 not exceeding eight (8) 8quhre feet in surface area. (g) In addition to the above listed signs, the following are permitted: 1. Type. On -site ground and wall signs indirectly illuminated or sillouetted. 2. Number. One sign only permitted. -7- which may be 3. Size. The maximum surface area shall be thirty-two (32) square feet. 4. Height. The maximum total height of a ground sign shall be ten (10) feet above ground level. (h) Location. No ground sign may be located closer than ten (10) feet of the front property line or three (3) feet of the side and rear property line. This provision does not apply to the sign allowed by Subsection (a) above. (i) Builders and developers signs advertising the sale, rental or lease of the premises upon which said signs are located. Builders and developers signs shall be permitted to exceed the above sizes but shall not exceed one hundred (100) square feet in surface area. Permits are renewable every six (6) months. Wall signs shall be removed one year after issuance of a Certificate of Occupancy. Ground signs shall be removed one year after issuance of Certificate of Occupancy or. eighteen (18) months after erection, whichever occurs first. (4) For District CA the following signs are permitted: (a) Type. On -site wall and ground signs are permitted. (b) Number. 1. Ground Signs. One sign permitted per. building. 2. Real Estate Signs. One sign permitted to advertise the sale, rental or lease of the premises upon which said sign is located, Maximum surface of sign shall be ten (10) square feet. (c) Size. 1. Ground Sign. Total ground sign surface area shall not exceed fifty (50) square feet for lots of one hundred (100) feet or less, in width, and may be increased in total surface hrea by five (5) square feet for each additional twenty (20) feet of lot width. The maximum total surface areapermitted in any case is seventy-five (75) square feet. 2. Wall Sign. The total surface area of all wall signs shall not exceed the ratio of one-half (1/2) square foot of area for each lineal foot of building frontage with the maximum of one hundred (100) square feet of wall sign area per building. (d) Height. 1. Ground Sign. Maximum total height permitted is twenty (20) feet above ground level. 2. Wall Sign. The bottom edge of wall signs which exceed six (6) inches in thickness shall be a minimum of eight (8) feet above the ground or sidewalk level. No wall sign shall exceed twelve (12) inches in thickness. The top edge of the sign shall not extend above the parapet, eave or building facade. -8- (e) Location. 1. Ground Signs. Ground signs shall be set back a minimum of forty (40) feet from any right-of-way and twenty (20) feet from any side property line. 2. Wall Signs. Wall signs may be erected on the front building walls or on the front one-half (1/2) of side walls. (f) In addition to the above, the following non -illuminated signs are permitted: 1. One sign, not exceeding one (1) square foot in surface area and bearing only property numbers, street. address and/or names of occupants of premises. 2. Up to three (3) signs denoting the architect, engineer or contractor when placed upon work under construction, and not exceeding a total combined of sixteen (16) square feet in surface area. 3. Traffic or other municipal signs, legal notices, danger, and such temporary or emergency signs as may be approved by the Village Council. 4. Bulletin Boards not over twenty-four (24) square feet in surface area for public, charitable or religious institutions, when the same are located on the premises of said institutions. 5. Memorial Signs or dates of erection when cut when constructed of bronze and not exceeding eight (8) tablets, names of buildings and into any masonry surface or or other incombustible materials square feet in surface area. 6. Occupational wall signs denoting 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 surface area. 7. Professional memo wall plates not exceeding one (1) square foot in surface area permitted. (g) Directional Signs. Parking area signs may be erected at each point of ingress and egress to a parking lot or parking area, and such signs shall not exceed two (2) square feet in area nor extend to a greater height than three (3) feet above the ground. Only one such sign shall be allowed at each point of ingress and egress, provided such signs do not create a traffic or pedestrian hazard. (h) Removal. All signs erected in CA Zone that do not conform to the terms of this Chapter shall conform prior to the 1.9th day of December, 1974, or be removed from the property upon which it is erected. (5) For Districts C-1, C-1A and C-2 the following signs are permitted: (a) Type. On -site ground and wall signs which may be illuminated. (b) Number. Not more than three (3) on -site signs shall be permitted for each street frontage and for each place of business. These signs may be any combination of signs providing, however, only one ground sign shall be permitted for any one building. -9- (c) Size. 1. For each lineal foot of lot frontage measured along the front lot line which is used to calculate the allowed size of a ground sign, the size of a ground sign shall not contain more than 1-1/2 square feet of surface area. 2. For each lineal foot of lot frontage measured along the front lot line which is used to calculate the allowed size of a ground sign, the total size of wall signs shall not con- tain more than 2 square feet of surface area. 3. A combination of one ground sign and one or more wall signs shall be permitted provided that the total surface area of the combined signs shall not exceed the maximum permitted area set forth above; for example, a lot frontage of 100 feet would permit a ground sign with 75 square feet of surface area, together with wall signs with 100 square feet of surface area. (d) Height and Location. 1. Wall Sign. The bottom edge of wall signs which ex- ceed six (6) inches in thickness shall be a. minimum of eight (8) feet above the grade. No wall sign shall exceed twelve (12) inches in thickness. 2. Ground Sign. A ground sign shall be set back a minimum of fifteen (15) feet from any right-of-way line and the maximum height of the sign above grade shall be fifteen (15) feet at the setback line. For each two (2) feet that a sign is located behind the fifteen (15) foot setback line, the height of the sign may be increased one (1) foot. The maximum height of a ground sign shall be twenty (20) feet. No ground sign shall be erected nearer than two (2) feet of any other sign, building or structure. No part of any sign shall be erected closer than eighteen (18) inches of any property line. (e) In addition to the above, the following signs are permitted: 1. One sign, not exceeding one (3) square foot in surface area and bearing only property numbers, street address and/or names of occupants of premises. 2. One Real Estate Sign not exceeding five (5) square feet in surface area which advertises the sale, rental or lease of the premises upon which said signs are located only. 3. Up to three (3) signs denoting the architect, engineer or contractor when placed upon work under construction, and not exceeding a total combined of sixteen (16) square feet in surface area. 4. Traffic or other municipal signs, legal notices, danger, and such temporary or emergency signs as may be approved by the Village Council. 5. Bulletin boards not over twenty-four (24) square feet in area for public, charitable or religious institutions when the same are located on the premises of said institutions. 6. Memorial signs and tablets, names of buildings and dates of erection when cut into any masonry surface or when con- structed of bronze or other incombustible materials and not ex- ceeding eight (8) square feet in surface area. - 10 - 7. Occupational wall signs denoting only 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. 8. Professional memo dates not exceeding one (1) square foot in area. 9. Builders and developers signs advertising the sale, rental, or lease of the premises upon which said signs are located. Builders and developers signs shall be permitted to exceed the above sizes but shall not exceed one hundred (100) square feet in surface area. Permits are renewable every six (6) months. Wall signs shall be removed one year after issuance of a Certificate of Occupancy, Ground signs shall be removed one year after issuance of Certificate of Occupancy or eighteen (18) months after erection, whichever occurs first. Sec. 34-13. REMOVAL OF SIGNS BY VILLAGE ---Upon the failure, neglect or refusal of any owner, agent or person to remove or repair any sign in violation of this Chapter, after notification so to do by the Building Inspector, the Village Manager is hereby authorized and empowered to pay for the removal of such sign which is in violation, or to order the removal by the village employees. Sec. 34-14. SAME ---OWNER TO BEAR COST ---When the village has effected the removal of such sign or has paid for the removal thereof, the actual cost thereof plus accrued interest at the rate of six per cent per annum from the date of the completion of the work, if not paid by such owner or agent prior thereto, shall be charged to the owner of such property on the next regular tax bill forwarded to such owner by the village, and said charge shall be due and payable by said owner at the time of payment of such tax bill. Sec. 34-15. SAME ---RECORDED STATEMENT CONSTITUTES LIEN---(1) Where the full amount due the village is not paid by such owner within sixty days after the removal of such signs which are in violation of this Chapter, then, and in that case, the village manager shall cause to be recorded in the Official Record Books of Palm Beach County, Florida a sworn statement showing the cost and expense incurred for such removal and the date, place or property on which said work was done, and the recordation of such sworn statement shall constitute a lien and privilege on the property, and shall remain in full force and effect for the amount due in principal and interest, plus costs of court, if any, for collection, until final payment has been made. (2) Said costs and expenses shall be collected in the manner fixed by law for the collection of taxes, and further, shall be subject to a delinquent penalty of six per cent in the event same is not paid in full on or before the date the tax bill upon which said charge appears become delinquent. (3) Sworn statements recorded in accordance with the provi- sions hereof shall be prima facie evidence that all legal formalities have been complied with and that the work has been done properly and satisfactorily done, and shall be full notice -11- to every person concerned that the amount of the statement, plus interest, constitutes a charge against the property designated or described in the statement and that the same is due and collectible as provided by law. Sec. 34-16. NONCONFORMING SIGNS---A11 signs erected within the Village, except those in the C-A Zoning District, that do not conform to the terms of this Chapter shall conform by July 13, 1980 or be removed from the premises. Sec. 34-17. PENALTY CLAUSE ---Any violation of any provision of this Chapter shall be punished by a fine not exceeding five hundred dollars or imprisonment for a term not exceeding two months, or by both such fine and imprisonment. Each day a violation of any provision of this Chapter shall continue shall constitute a separate offense." PLACED ON PLACED ON FIRST READING THIS DAY OF SECOND, FINAL READING ANP PASSED 1972. (Village Seal) 4"TEST: xC- . Village Clerk -12- S ----ti—a,, , 1972. / 3 DAY OF MAY9A