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2010-11 Code Amendment - Permitted Temporary Signs & Political SignsORDINANCE 2010-11 • 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 CLARIFY THE MAXIMUM SIZE REQUIREMENT FOR NON-POLITICAL SIGNS LOCATED ON CERTAIN VACANT RESIDENTIAL LOTS AND MODIFY THE REGULATIONS APPLICABLE TO POLITICAL 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 relating to permitted temporary signs to: provide maximum size requirements for non-political signs on vacant lots within the R-1 or R-2 zoning districts; limit political signs to one sign per candidate or issue; remove the restriction on the maximum number of political signs per parcel; and clarify the time period during which political signs maybe displayed; and WHEREAS, the Village Council has determined that the amendments to the sign code constitute reasonable time, place and manner restrictions, and 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): 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: Page 1 of 6 (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. 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. 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 election or vote to which they are directed and shall be removed within seven (7) days following the election or vote. (E) 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 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. Page 2 of 6 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. 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 sign per candidate or issue,~er parcel in any federal, state, county or municipal election. Political signs shall not be placed on any=narcel 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. Effective January 22, 2011 (as set forth in Sections 5 and 10 of Ordinance 2009- 02), 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): 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 maybe displayed: Page 3 of 6 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 aone-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 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. 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. 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 ti'~° ^~.,a;a°*° ^~~°'~~•~^^ ~ r ^~^° the election or vote to which they are directed and shall be removed within seven (7) days following the election or vote. Page 4 of 6 (E) 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 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. 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. TemporarX 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 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 villa eg clerk prior to the erection or placement of any temporary political signs • Section 4. The provisions of this Ordinance shall become and be made a part of the Code of the Village of North Palm Beach, Florida. Section 5. 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 6. All ordinances or parts of ordinances and resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Page 5 of 6 Section 7. This Ordinance shall take effect immediately upon adoption (with the exception of Section 3 which shall become effective on the date specified therein). • PLACED ON FIRST READING THIS 8th DAY OF JULY, 2010. PLACED ON SECOND, FINAL READING AND PASSED THIS 22nd DAY OF JULY, 2010. (Village Seal) ATTEST: MAYOR VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: VILLAGE ATTORNEY • Page 6 of 6