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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. Page 1 of 4 (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. Page 2 of 4 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. Page 3 of 4 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 Page 4 of 4