2013-09 Commercial Temporary SignageORDINANCE NO. 2013-09
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, AMENDING ARTICLE V, "SIGNS AND
OUTDOOR DISPLAYS," OF CHAPTER 6, `BUILDINGS AND BUILDING
REGULATIONS," OF THE VILLAGE CODE OF ORDINANCES BY
AMENDING SECTION 6 -114, "PERMITTED TEMPORARY SIGNS," TO
IMPOSE ADDITIONAL REQUIREMENTS AND IMPLEMENT A USE PERMIT
PROCEDURE FOR CERTAIN COMMERCIAL SIGNS; PROVIDING FOR
CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Village Administration has discovered that owners and managers of various
commercial properties within the Village display sale and rental signs even after the property is
fully occupied, often as a means of marketing other properties; and
WHEREAS, the Village Council determines that the proliferation of such signs along the
Village's commercial corridors results in visual blight and misleads the public as to the number
of vacant commercial units, thereby undermining the economic vitality of the Village's
commercial areas; and
WHEREAS, to address such concerns, the Village Council wishes to implement a use permit
requirement for temporary signs relating to the sale or lease of existing commercial units as a
means of verification; and
WHEREAS, the Village further wishes to clarify the circumstances under which temporary signs
shall be removed and prescribe minimum standards for materials utilized for such signs; 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 -114 to read as follows (additional language is underlined and deleted language is
strlelen flffeugh):
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.
l 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.
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(C) Materials.
(1) Paper, cardboard or other materials subject to rapid deterioration shall not
be used for a sign displayed for more than forty -five 45) days.
Sign posts shall consist of a four by four (4 X 4) of treated wood or similar
material and shall be buried into the ground a minimum of two (2) feet
(the use of concrete is prohibited).
�3) Signs attached to posts shall be installed on plywood or similar material at
least one -half inch thick and shall be affixed through the use of weather -
resistant screws.
(G D) Removal of illeg temporary signs.
�1) Any temporary sign located within a public right -of -way or otherwise not
complying with the requirements of this section is illegal an subject to
immediate removal and disposal by the village4erees.
( Temporary signs shall be removed within twen . -four (24) hours of the
issuance of a hurricane warning for the village by the national hurricane
center of the national oceanic and atmospheric association (NOAA).
(D E) 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 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 property. Existing multi - family developments are limited to
one (1) 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 any such temporary sign shall be submitted,
reviewed and approved in conjunction with site plan review.
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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
conjunction with site plan review.
e. To identify the sale or lease of existing on -site commercial units.
All such signs shall be supported by two posts and shall not be
installed, erected or displayed prior to the issuance of a use permit
by the community development department. Applications for use
permits shall be submitted to the department, along with an
administrative processing fee established by the village council. A
use permit shall be issued for a period of six (6) months or until
one hundred percent (100 %) of the units located on the property for
which the use permit has been issued are leased or sold, whichever
first occurs. Permits may be renewed on a semi - annual basis.
e. f. 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 election or vote to which they are directed and
shall be removed within seven (7) days following the election or vote.
(E F) Permissible size, height and number of temporary signs.
(1) Non - political signs.
a. One - family and two - family residences. A parcel on which is located
a single one - family or two - family residence or a vacant parcel within
either the R -1 or R -2 zoning district may display not more than one
(1) 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.
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. 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)(2)b above.
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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.
(2) Political signs. 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. Political signs are limited to
one (1) sign per candidate or issue, per parcel in any federal, state, county
or municipal election. Political signs shall not be placed on any parcel
within the village without the consent of the property owner. For vacant
parcels, the property owner's written consent must be filed with the village
clerk prior to the erection or placement of any temporary political signs.
Section 3. The provisions of this Ordinance shall become and be made a part of the Code of
the Village of North Palm Beach, Florida.
Section 4. 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 5. 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 6. This Ordinance shall take effect immediately upon adoption.
PLACED ON FIRST READING THIS 9th DAY OF MAY, 2013.
PLACED ON SECOND, FINAL READING AND PASSED THIS 23rd DAY OF MAY, 2013.
(Village Sea!)
l -
)
MAYOR
ATTEST:
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
VILLAGE ATTORNEY
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