The purpose and intent of the specialized Indiantown Road Overlay Zoning District (IOZ) is to encourage and provide for enhanced property development within the Indiantown Road commercial corridor. Objectives to be attained through the establishment of this district include protection of adjacent residential land uses; enhancement of the commercial status of the corridor; reduction of visual distraction through uniform sign criteria; enhancement of physical appearance through increased landscaping of public and private property; clustering of complementary uses throughout various locations within the corridor; provision of architectural design guidelines within specific locations along the corridor; encourage the construction of pedestrian oriented facilities in both public and private structures; installation of special landscape and architectural features at major intersections; and establish development incentives to accomplish these objectives.

(Code 1992, § 27-861; Ord. No. 14-90, § 1(517.1), 3-6-1990)

Alterations, expansions, renovations and similar improvements to existing structures shall, to the extent feasible, conform to the requirements of this article.

(Code 1992, § 27-862; Ord. No. 14-90, § 1(517.14), 3-6-1990)

(a)

The Indiantown Road Overlay Zoning District (IOZ) shall consist of that portion of the town as indicated in the official zoning map.

(b)

Within the Indiantown Road Overlay Zoning District (IOZ), the following location-specific districts are created:

(1)

Central Boulevard District.

(2)

Center Street/Maplewood Drive District.

(3)

Civic Center District.

(4)

Pine Gardens District.

(5)

Alternate A1A District.

(6)

U.S. Highway One District.

(7)

Parkway Districts.

(c)

Landmark opportunity areas are indicated in Map 2, and generally are described within the Indiantown Road Corridor Study:

(1)

Area 1. C-18 Canal.

(2)

Area 2. Center Street/Indiantown Road intersection.

(3)

Area 3. Maplewood Drive/Indiantown Road.

(4)

Area 4. Military Trail/Indiantown Road intersection.

(5)

Area 5. Intracoastal Waterway/Indiantown Road Bridge intersection.

(6)

Area 6. Burt Reynolds Dinner Theater site.

(7)

Area 7. Carlin Park/A1A site.

(Code 1992, § 27-863; Ord. No. 14-90, § 1(517.2), 3-6-1990; Ord. No. 6-93, §§ 1—7, 2-16-1993; Ord. No. 45-14, § 2, 2-17-2015)

(a)

The establishment of the Indiantown Road Overlay Zoning District (IOZ) is hereby declared consistent with the town comprehensive plan.

(b)

Unless otherwise provided in this section, all provisions of applicable underlying zoning district designations (Commercial, General (C-2), Commercial, Office (C-3), Industrial, General (I-2), etc.) affecting individual properties shall control use and development.

(c)

The provisions of this article shall not apply to any site plan approved by the town council or department of planning and zoning pursuant to an application for development approval (planned unit development, special exception, rezoning, variance, subdivision or special permit) granted prior to March 1, 1988. However, in the event of a request for amendment of a site plan or development approval granted prior to the effective date of the ordinance from which this article is derived, then the provisions of this section shall be applicable to the extent those provisions can be incorporated within the site plan or development approval.

(Code 1992, § 27-864; Ord. No. 14-90, § 1(517.3), 3-6-1990)

The uses which are permitted by right, by special exception or prohibited in the Indiantown Road Overlay Zoning District (IOZ) shall be as indicated in Table 1. In Table 1, the letter "P" in the "Status" column means permitted by right, the letter "X" means prohibited, and the letters "SE" mean permitted by special exception.

Table 1. Indiantown Road Overlay Zoning District Permitted Uses, Uses Permitted As Special Exceptions and Prohibited Uses

(Code 1992, § 27-866; Ord. No. 14-90, § 1(517.5), 3-6-1990; Ord. No. 15-90, § 1, 3-6-1990; Ord. No. 5-93, § 1, 2-16-1993; Ord. No. 55-97, § 2, 11-18-1997; Ord. No. 5-97, § 6, 5-19-1998; Ord. No. 22-98, § 2, 5-19-1998; Ord. No. 38-98, § 9, 11-17-1998; Ord. No. 64-98, § 5, 1-19-1999; Ord. No. 22-00, § 8, 2-20-2001; Ord. No. 14-02, § 5, 7-16-2002; Ord. No. 37-06, § 2, 9-19-2006; Ord. No. 16-08, § 5, 5-6-2008; Ord. No. 12-10, § 9, 2-16-2010; Ord. No. 15-10, § 14, 9-21-2010; Ord. No. 19-10, § 13, 12-21-2010; Ord. No. 39-14, § 4, 2-17-2015; Ord. No. 44-14, § 10, 2-17-2015; Ord. No. 45-14, § 3, 2-17-2015)

The town council may authorize the town manager to employ professional consultant services to assist in the implementation of this article.

(Code 1992, § 27-867; Ord. No. 14-90, § 1(517.6), 3-6-1990)

The following requirements shall apply throughout the Indiantown Road Overlay Zoning District (IOZ):

(1)

Screening of mechanical equipment. All mechanical equipment, including, but not limited to, heating, ventilating, and air-conditioning machinery; accessory communications equipment such as antennas, signal sending and receiving dishes, etc.; public utility service fixtures, including telephone, telegraph, electric, natural or propane gas, potable water, sewer facilities; and elevator facilities, shall be screened from public view. Such screening may include any combination of landscaping and opaque materials. If building materials are to be utilized for screening purposes, such materials shall be consistent with the architectural design of the principal structure. Screening shall extend at least one foot above the object to be screened.

(2)

Screening of solid waste disposal facilities. Dumpsters and similar facilities shall be screened on all four sides from public view. Both sides and the rear of such facilities shall be screened by an opaque concrete wall, or similar material. The front of a screen enclosure shall be gated and shall consist of durable materials consistent with the overall design of the project. Dependent upon the location of an enclosure, landscaping may be required in addition to the opaque screening material. All landscaping and materials utilized to screen an enclosure shall be consistent with the overall design of the principal structures located on the site.

(3)

Garage doors and bays. As illustrated in Figure 1, garage doors and bays associated with any use within the district shall be located perpendicular to the principal abutting street.

(4)

Sidewalks. Sidewalks shall be installed along all portions of a site abutting a public right-of-way. Sidewalks to be constructed as part of any road expansion or improvement plan shall be allowed to substitute for this requirement.

(5)

Traffic circulation improvements. Subject to approval by the appropriate governmental jurisdiction, such site-specific traffic circulation improvements as acceleration lanes, deceleration lanes, median cuts, traffic signals, and directional signage shall be required within this district.

(6)

Underground utilities. Within this district, all utility services along Indiantown Road, including electric, telephone, telegraph and cable television, shall be located underground.

(7)

Safety or sight triangle. As illustrated in Figure 2, a sight triangle of not less than 30 feet shall be provided at all street intersections and curbcuts.

(8)

Accessory residential uses. A maximum of ten percent of any building designed for commercial purposes may be utilized for accessory residential use. In the event accessory residential use is provided, separate entrance and parking facilities shall be installed.

(9)

Storage areas. All storage areas shall be screened from public rights-of-way and from adjacent residential zoning districts. Screening enclosures may consist of any combination of landscaping, fencing and opaque building materials. If building materials are to be utilized for screening purposes, such materials shall be consistent with the architectural design of the principal structures.

(10)

Pedestrian entrances. To the extent feasible, consistent with the design and intended use of a commercial structure, major public entrances shall be located along Indiantown Road and along the following roads: Central Boulevard, Center Street, Military Trail, Maplewood Drive, Alternate A1A, Old Dixie Highway, and U. S. Highway One. In the event a commercial structure is located on property that does not possess frontage along Indiantown Road, public entrances shall be located along the street providing principal vehicular access.

a.

A clearly designated pedestrian walkway shall be provided from public sidewalks to public entrances or walkways within a commercial site.

b.

To the extent feasible, pedestrian circulation shall be provided between abutting commercial properties through the use of designated walkways and similar pedestrian-oriented facilities. Designated pedestrian walkways allowing access to a commercial site for residents of abutting residential zoning districts shall be provided; however, such walkways shall be provided only to the extent feasible.

(11)

Screening of residential zoning districts. Commercial sites abutting a residential zoning district shall provide screening. As illustrated by Figure 3, screening shall consist of the following: an opaque concrete or masonry wall of six feet in height above the established grade on the commercial site; a buffer area of at least 15 feet, including the required opaque wall; and landscaping. Landscaping shall consist of shade trees, groundcover, grass, and hedges or shrubs. Landscaping may be provided on both sides of the required screening wall. If landscaping is provided in this manner, the wall shall be located at least three feet from the property line. Specifications for landscaping are provided below:

a.

In the event a residential screening wall abuts and/or runs parallel to a public right-of-way within a front or side corner setback, the wall shall not exceed 30 inches in height above the proposed grade of the commercial site for a linear distance of 15 feet from the edge of the right-of-way. If a screen wall is abutting a preserve area, the requirement for the screen wall may be deleted.

b.

Architectural features such as articulation, change in direction, etc., may be required in the event a residential screening fence will exceed 200 feet in length.

(12)

Vehicular access restriction. Vehicular access shall be permitted by the town on those intersecting streets providing direct access to residential zoning districts, only when an applicant submits a traffic statement, from a traffic engineer, which includes documentation demonstrating that the additional trips on an intersecting street does not adversely affect the adjacent intersecting street, justifying the need for the vehicular access and the access is approved by the town council.

(Code 1992, § 27-868; Ord. No. 14-90, § 1(517.7), 3-6-1990; Ord. No. 63-98, § 2, 2-16-1999; Ord. No. 30-03, § 2, 7-15-2003)

In order to establish overall building envelope, bulk, and setback provisions within the Indiantown Road Overlay Zoning District (IOZ), the following regulations are established. For the purposes of this section, the term "urban districts" are the Central Boulevard, Center Street/Maplewood Drive, Civic Center, Alternate A1A and U.S. Highway One districts. The Pine Gardens district is an additional type of Indiantown Road Overlay Zoning District (IOZ). Parkways districts are all other areas within the Indiantown Road Overlay Zoning District (IOZ). The precise location of all of the districts are noted on the zoning map.

(1)

Urban district regulations, as illustrated in Table 2 and Figures 4 and 5, are established as follows:

Table 2. Urban District Building Setbacks

Notes (Urban district):

a.

Required 60-foot accent area from corner (See Figure 4).

b.

Rear and side interior setbacks shall conform to the underlying zoning district.

(2)

Parkway district regulations, as illustrated in Table 3 and Figures 6, 6A, and 6B, are established below:

Table 3. Parkway District Building Setbacks

(3)

Pine Gardens district regulations are illustrated in Table 4 and features depicted in Parkway District Figures 6A and 6B.

Table 4. Pine Gardens District Building Setbacks

Notes (Parkway district):

a.

Rear and side interior setbacks shall conform to the underlying zoning district.

b.

Within the Parkway District, required landscaping may be eliminated, at the discretion of the property owner, in all portions of the front setback when at least 25 feet of open space is provided in an area located between one or more lines created by a 45-degree angle as measured from the principal corners of the front building line and the ultimate right-of-way line of Indiantown Road (See Figure 6).

(4)

Within the parkway and Pine Gardens districts, the following special design features shall be incorporated into all individual project entries providing Indiantown Road vehicular access:

a.

Entry paving. Textured paving, consistent with the overall architectural style of the project, shall be installed in at least that portion of the entry located 20 feet from the ultimate right-of-way of Indiantown Road (See Figure 6A).

b.

Landscape buffer. Landscape buffers, at least 20 feet wide and at least 30 linear feet in length, shall be installed at all individual project entries providing vehicular access to Indiantown Road (See Figure 6B).

(Code 1992, § 27-869; Ord. No. 14-90, § 1(517.8), 3-6-1990; Ord. No. 45-14, § 3, 2-17-2015)

(a)

Within the overlay zoning district, special landscape treatment areas are established as indicated below:

(1)

Formal palm tree. To be utilized in the Central Boulevard and U.S. Highway One urban districts. The principal street tree will be the Florida Royal Palm (Roystonea regia). Complementary accent trees, shrubs, and groundcovers to be utilized are indicated in Table 4.

(2)

Formal oak tree. To be utilized in the Civic and Center Street/Maplewood Drive urban districts. The principal street tree will be the Live Oak (Quercus virginiana). Complementary accent trees, shrubs, and groundcovers to be utilized are indicated in Table 5.

(3)

Informal pine/native tree. To be utilized in the parkway district west of Alternate A1A and all properties located within the Pine Gardens District. The principal street tree will be the South Florida Slash Pine (Pinus elliotti). Complementary accent trees, shrubs, and groundcovers are indicated in Table 6.

(4)

Informal Seagrape tree. To be utilized in the parkway district east of Alternate A1A and in the Alternate A1A district. The principal street tree shall be the Seagrape standard (Coccoloba uvifera). Complementary accent trees, shrubs, and groundcovers are indicated in Table 7.

(b)

The special landscaping treatments provided for in this section shall be utilized on private property within the entire Indiantown Road Overlay Zoning District (IOZ).

(c)

The special district treatments established by this section may be waived to accommodate such factors as existing on-site vegetation or similar circumstances unique to a specific parcel located within the Indiantown Road Overlay Zoning District (IOZ), including, but not limited to, the following: Restoration of existing vegetative communities, creation of wetlands, littoral planting.

(d)

All landscape plans submitted that are subject to these requirements must include a minimum of 80 percent of the required plant material from the required theme on the subject property, and shall provide diversity in the plant material proposed. Twenty percent of the proposed material may be selected outside of the planting theme. Street tree requirements are mandatory. No more than 25 percent of any one species of shrub or groundcover of the total shrub or groundcover calculations shall be used on a property. Whenever possible, turf areas in the street landscape buffers shall be minimized.

(e)

Interior landscaping within the Indiantown Road Overlay Zoning District (IOZ) shall be installed utilizing the material indicated within the required theme as noted in Tables 4 through 7.

(f)

When the street sidewalk is relocated to be separated from the curb along a right-of-way, landscaping shall be provided between the sidewalk and the curb consistent with the required theme as noted in Tables 4 through 7.

(g)

Where there are different special landscape themes established on the north and south sides of Indiantown Road, the town may require a special landscape theme to match the landscape theme on the opposite side, provided the town makes the finding that the change would be consistent with the surrounding properties.

Table 4. Formal Palm Tree Theme

Formal palms shall be installed in rows or bosques or clusters planted every 20 feet or fraction thereof with complementary planting of accent trees, shade trees, flowering trees, shrubs and groundcovers as listed below. All heights, overall spreads and calipers contained herein are minimum requirements.

Table 5. Formal Oak Tree Theme

Formal oak trees shall be installed in rows or bosques, planted every 30 feet or fraction thereof, with complementary planting of accent trees, shade trees, flowering trees, shrubs and groundcovers as listed below. All heights, overall spreads and calipers contained herein are minimum requirements.

Table 6. Informal Slash Pine/Native Theme

Informal slash pine/native tree clusters shall be installed in clusters of three to seven with an average of 35 feet between clusters, with complementary plantings of accent trees, shade trees, flowering trees, shrubs and groundcovers listed below. All heights, overall spreads and calipers contained herein are minimum requirements.

Table 7. Informal Seagrape Tree Theme

Seagrape standards shall be planted in right-of-way median and on private property along rights-of-way every 25 feet, with underplanting of accent trees, shade trees, flowering trees, shrubs and groundcovers listed below. All heights, spreads, calipers contained herein are minimum requirements.

(Code 1992, § 27-870; Ord. No. 14-90, § 1(517.9), 3-6-1990; Ord. No. 41-95, § 1, 1-16-1996; Ord. No. 010-05, § 2, 11-15-2005; Ord. No. 47-08, § 2, 12-16-2008; Ord. No. 2-14, § 2, 3-18-2014; Ord. No. 45-14, § 4, 2-17-2015)

(a)

The regulations and requirements set forth in this section are intended to preserve and enhance the visual qualities of the Indiantown Road Overlay Zoning District (IOZ) by controlling the size, location and use of signs. It is not the intent or purpose of this article to impermissibly regulate signs by giving commercial speech greater protection than noncommercial speech, nor to discriminate among various noncommercial messages exhibited or conveyed by signs. Notwithstanding anything contrary contained in the town code, any sign erected pursuant to the provisions of this Code may, at the option of the applicant, contain either a noncommercial message unrelated to the business located on the premises where the sign is erected, or a commercial message related to the business and located on the business premises. The noncommercial message may occupy the entire sign face or portion thereof. The sign may be changed from commercial to noncommercial messages as frequently as desired by the owner of the sign, provided that the size and design criteria conform to the applicable portions of this Code, the sign is allowed by this Code, the sign conforms to the requirements of the Indiantown Road Overlay Zoning District (IOZ), and the appropriate permits are obtained. For the purposes of this Code, noncommercial messages, by their very nature, shall never be deemed an off-premises sign.

(b)

Within the Indiantown Road Overlay Zoning District (IOZ), two special sign districts are created:

(1)

Urban district sign regulations (all Indiantown Road Overlay Zoning District (IOZ) except the parkway district and the Pine Gardens district as identified on the zoning map).

(2)

Parkway and Pine Gardens districts sign regulations.

(c)

The following signs are permitted in the urban, parkway and Pine Gardens districts:

(1)

Freestanding signs, including pole signs, pylon signs and monument signs.

(2)

Wall signs, including hanging signs, and point-of-purchase signs.

(3)

Projecting signs.

(4)

Window signs; including permanent and temporary signs.

(5)

Awning valance signs.

(6)

Other sign types permitted are as follows (See sections 27-3359 and 27-3362 for specific requirements of each sign type):

a.

P-1 (governments or government agencies signs).

b.

P-4 (memorial or historical markers).

c.

P-5 (private property signs).

d.

P-6 (directional signs).

e.

P-9 (subdivision signs).

f.

P-15 (menu boards).

g.

P-16 (way-finding signs).

h.

P-17 (ATM signs).

(d)

Signs listed in section 27-3360 are prohibited in the urban, parkway and Pine Gardens districts.

(e)

General regulations regarding sign setbacks, sizes, placement, etc., are provided in Table 8 and Table 9.

(1)

In addition to the requirements of Tables 8 and 9, the following regulations shall apply to all freestanding signs located within any special sign district:

a.

Freestanding signs in excess of ten feet in height shall be mounted on two separate poles or shall be designed as a solid architectural feature utilizing the design, color, and materials of the project with which it is associated (See Figure 8).

b.

The maximum permitted area for a freestanding (P-8) sign shall include the area which is used for lighting the perimeter of the signage. Lighting used on the perimeter of a sign shall be covered and shall be a maximum of four inches in width.

Table 8. Urban District Sign Standards Matrix

(1) The maximum permitted area for freestanding (P-8) signs shall include the area which is used for lighting the perimeters of the signage provided that such lighting is covered and is a maximum of four inches in width.

(2) The colors used to identify the tenant names shall be uniform and shall be consistent and compatible with the codes of the freestanding sign.

(3) The wall sign height and letter height may be increased up to a maximum of 50 percent, if the proposed sign meets all of the following criteria:

a. The facade sign is set back 200 feet or greater from the adjacent right-of-way.

b. The tenant space where the sign is attached is 30,000 square feet or greater.

c. The sign shall be designed such that the sign is the in scale and proportions of the architecture of the building.

Table 9. Parkway and Pine Gardens Districts Sign Standards Matrix

(1) The maximum permitted area for freestanding (P-8) signs shall include the area which is used for lighting the perimeters of the signage, provided that such lighting is covered and is a maximum of four inches in width.

(2)

The colors used to identify the tenant names shall be uniform and shall be consistent and compatible with the codes of the freestanding sign.

a.

Signs and sign faces shall not exceed the vertical or horizontal exterior dimensions of the freestanding sign structure.

b.

Freestanding signs shall be located on the same premises as the nonresidential property identified by the sign, and shall be perpendicular to the abutting right-of-way or rights-of-way providing direct vehicle access to the property.

c.

Monument signs may be incorporated into site landscaping and may be incorporated into a decorative wall or fence.

(3)

In addition to the provisions of Tables 8 and 9, the following requirements shall apply to all wall, building or window signs located within any special sign district:

a.

Signs shall not be directly painted on any wall, roof or other structural element of a building.

b.

Roof-mounted signs are prohibited.

c.

No wall signs shall be permitted for any business located above the first floor, with the exception for two story buildings as set forth herein. Wall or building signs shall not be located above the bottom of the second floor window line. Tenant wall signs shall be attached to the exterior wall of the tenant space being advertised, with the exception of two story buildings in where the tenant space is accessible through a common exterior walkway (not through a lobby) and the building is the subject of a master sign plan. Second floor tenants in buildings with these two features are permitted to have signage on the first floor. For buildings where the owner has received a master sign plan approval which includes second floor tenant signs on the first floor, the master plan and the tenant signs shall:

1.

Not exceed 15 square feet. This requirement does not apply to building identification or first floor tenant signs.

2.

Face the primary parking area for the tenant space and the signs shall be installed in a uniform manner.

3.

Be compatible with the architecture of the building and the signs shall be designed to be integral to the building (e.g., fit into arches, bandings, or other architectural elements on the building).

Subsection (3)c of this section shall not prohibit the installation of a building identification sign located immediately below the roof line of the building on a building of more than one story.

d.

The use of translucent backlit panels is prohibited.

e.

All addresses of the buildings must be included on each freestanding sign. If the address is included within the sign area, the size of the sign shall not exceed the area requirements; however, if the address is outside of the sign area, such as attached to the sign supports, then the address shall not be included in the calculation of the maximum sign area. Street numbers shall be installed in a location that is visible to pedestrian and vehicular traffic. Address number and/or letter height on freestanding signs shall be as follows:

f.

In multi-unit buildings, two stories and up, directional unit identification signs shall be posted outside of each elevator/stairwell. This will apply only when there is an option for direction of travel.

g.

All multi-unit buildings that can be accessed from the rear, also shall have the address and unit numbers posted at the rear of the building. When property layout, landscaping or driveway design limits the visibility of the address, additional signs shall be posted to identify buildings or direction of travel to reach buildings. Numbers and/or letters shall be a minimum of six inches in height.

h.

Wall and building signs may incorporate logos and corporate insignia, provided such representations do not exceed 25 percent of total sign area.

i.

Temporary window signs, not exceeding 25 percent of total window areas, are permitted. Temporary window signs shall be installed for a period not to exceed 14 consecutive days. Temporary window signs shall be limited to a total of 60 days per calendar year. The 25 percent coverage shall be calculated by using all window areas facing streets; however, the business can allocate the total sign coverage to one or more windows, provided that no one window is covered 75 percent or greater with window signs.

j.

Permanent window signs, including signs painted directly upon window glass, neon signs, hanging signs, or paper signs shall not exceed 25 percent of total window area. The 25 percent coverage shall be calculated by using all window areas facing streets; however, the business can allocate the total sign coverage to one or more windows, provided that no one window is covered 75 percent or greater with window signs.

k.

Maximum area of a wall or building sign is indicated below:

(4)

Freestanding changeable copy signage shall adhere to the following:

a.

All changeable copy signage included within a freestanding sign shall not exceed eight square feet per sign face, except for museum, government services, and performing arts theaters, which are regulated below.

b.

The changeable copy area of signs for museums, and government services (including, but not limited to, libraries, community centers, town halls, etc.) shall not exceed 50 percent of the allowable sign face as changeable copy, or 25 square feet in total size.

c.

The changeable copy area of performing arts theaters included within freestanding signs shall not exceed 15 square feet. These signs may include manually installed lettering or electronic changeable messages, including the use of light emitting diode (LED), light emitting polymer (LEP), organic electro luminescence (OEL), or other equivalent technology, to display changeable copy information provided all of the following criteria are met:

1.

The text and images shall not be changed more than twice within a 24-hour period;

2.

The image displayed shall not have the appearance of moving, fading and/or flashing;

3.

All electronic changeable copy signs shall be equipped with an adjustable lighting level to ensure that electronic signs are dimmed automatically between sunset and sunrise to avoid glare and to protect the character of the surrounding area. During the hours of darkness, the lighting levels from an electronic changeable copy sign shall not exceed 0.3 foot-candles over ambient lighting conditions when measured at 39 feet for a 15 square foot sign and 32 square feet for a ten square foot sign. For signs with an area in square feet other than those specifically noted above, the distance in feet away from the sign shall be equal to the square root of 100 times the sign area in square feet.

4.

The changeable copy portion of a sign shall not be located within 150 feet of a residential unit.

d.

The maximum permitted lettering height shall be ten inches except as noted in subsections (6)c. and (6)e. of this section. The type of lettering shall be limited to plastic channel lettering, plastic card type lettering or raised wood lettering. The manufacturing of such lettering shall be of typeset (machine printed) quality. Signs with freehand lettering or chalk lettering on chalkboard surfaces are prohibited.

e.

The prices for automotive fuels on a freestanding sign may be displayed by using adjustable light emitting diode (LED), light emitting polymer (LEP) or organic electro luminescence (OEL) illumination within the allowable square footage of the changeable copy sign. The prices for automotive fuels shall not move, fade or flash. The maximum permitted letter height is 16 inches and the letters shall be of a consistent single color of either green, white, yellow, red, amber or blue.

f.

The sign face may be illuminated or non-illuminated.

g.

Signs shall comply with the applicable total sign area (space) regulations in table 8 or 9.

(5)

Freestanding changeable copy signage for movie theaters. Movie theaters with multiple auditoriums or screens shall be permitted a freestanding changeable copy sign with a maximum of 100 square feet per sign face.

a.

The maximum permitted lettering height shall be ten inches. The type of lettering shall be limited to plastic channel lettering, plastic card type lettering or raised wood lettering. The manufacturing of such lettering shall be of typeset (machine printed) quality. The following lettering shall be prohibited, including, but not limited to:

1.

All types of freehand lettering;

2.

Chalk on chalkboard surfaces.

b.

The sign face may be illuminated or non-illuminated.

c.

The signage shall adhere to the applicable total sign area (space) regulations in Table 8 or 9.

(6)

Facade-mounted changeable copy signage for movie theaters. Movie theaters with multiple auditoriums or screens shall be permitted a maximum of 15 square feet of changeable copy signage per auditorium or screen.

a.

No more than 150 square feet of sign face may be permitted per building or structure.

b.

The sign box or sign face shall be located a minimum of 300 feet from the front or side property lines.

c.

The maximum permitted lettering height shall be six inches. The type of lettering shall be limited to plastic channel lettering, plastic card type lettering or raised wood lettering. The manufacturing of such lettering shall be of typeset (machine printed) quality. The following lettering shall be prohibited, including, but not limited to:

1.

All types of freehand lettering;

2.

Chalk on chalkboard surfaces.

d.

The sign face may be illuminated or non-illuminated.

e.

The signage shall adhere to the applicable total sign area (space) regulations in Table 8 or 9.

(7)

All signs shall be maintained in substantially similar condition as when the sign was originally permitted and installed/erected. Such maintenance shall include periodic painting and replacement when necessary to achieve the substantially similar appearance as the originally permitted sign. Such maintenance shall include both the sign area and structure, or supporting structure.

Building Frontage 0—30 feet.

Maximum Area of Sign: 20 sq. ft.

Building Frontage 31—60 feet.

Maximum Area of Sign: 40 sq. ft.

Building Frontage 61—100 feet.

Maximum Area of Sign: 60 sq. ft.

One Hundred Feet or More: Number of Square Feet Determined by Multiplying Building Frontage by 0.60.

(f)

As of January 1, 1998, all signs shall comply with the requirements of this section. This provision shall apply to the following:

(1)

Legal signs existing on the effective date of the ordinance from which this article is derived.

(2)

Signs for which permits have been issued, but which have not been installed.

(3)

Signs for which permits have been applied for, but have not been issued.

(g)

The town may permit the following exemptions to the requirements of this section:

(1)

The town may exempt any sign from these requirements if the sign owner can demonstrate to the town that the nonconformity of a particular requirement is within ten percent of each of the specific requirements related to height, sign area, setbacks and projection from the building. In order for the town to grant an exemption, it must find that the exemption granted is for a sign that had been previously permitted by the town and that the sign met all requirements of the town Code at the time of permitting.

(2)

For buildings that were constructed prior to the adoption of Ordinance No. 14-90 on March 6, 1990, the owner may apply to the director of planning and zoning or his designee for an exemption to the prohibition of roof and parapet signs, if the proposed sign adheres to all of the following requirements:

a.

The owner or tenant had a sign permit for a sign on a roof or parapet wall located on a building that received its initial building permit for the primary structure prior to March 6, 1990;

b.

The top of a parapet sign shall not project 42 inches above the bottom of a parapet wall. Roof signs shall be centered at or below the average height between the eaves and ridge for gable, hip and gambrel roofs. In no case shall a sign extend above the top of a roof or parapet wall;

c.

The maximum sign area shall be calculated by multiplying the building frontage by 0.60 for a maximum square footage of 32 square feet. Existing nonconforming signage that was issued a permit is exempt from the size limitations if the sign adheres to all other criteria;

d.

Any roof sign shall consist of individual flat or channel letters, unless a nonconforming roof box or cabinet sign that was issued a permit existed as of January 1, 2002; and

e.

The sign letters shall not exceed 24 inches in height. Existing nonconforming signage that was issued a permit is exempt from letter height limitations if the sign adheres to all other criteria.

(h)

The town council, following an advisory recommendation by the planning and zoning commission, may grant extensions from the compliance with the requirements of this section. Extensions, not to exceed a period of three years, may be granted to the following classes of signs:

(1)

Signs located on nonresidential properties annexed into the town.

(2)

Signs deemed to possess historic, artistic or other significant value to the town.

(i)

The provisions of this section shall not preclude necessary and reasonable maintenance to retain the structural integrity of a sign. The provision of this section shall not preclude the replacement of a sign face.

(j)

In the event of damage to a sign that does not comply with the provisions of this section, such sign may not be replaced if damage exceeds 50 percent of the value of the sign.

(Code 1992, § 27-871; Ord. No. 14-90, § 1(517.10.C), 3-6-1990; Ord. No. 31-91, §§ 2, 4, 1-7-1992; Ord. No. 20-92, § 2, 9-15-1992; Ord. No. 35-92, § 1, 1-5-1993; Ord. No. 4-93, § 2, 2-16-1993; Ord. No. 53-94, § 1, 9-20-1994; Ord. No. 51-95, § 1, 12-18-1995; Ord. No. 43-96, §§ 1, 5, 6, 10, 11, 13, 15, 10-15-1996; Ord. No. 15-98, § 2, 4-7-1998; Ord. No. 56-01, § 3, 12-4-2001; Ord. No. 61-01, § 3, 2-5-2002; Ord. No. 45-02, § 3, 8-20-2002; Ord. No. 01-07, § 3, 6-5-2007; Ord. No. 23-10, § 4, 9-21-2010; Ord. No. 25-11, § 2, 10-18-2011; Ord. No. 23-12, § 4, 9-4-2012; Ord. No. 44-14, § 11, 2-17-2015; Ord. No. 45-14, § 5, 2-17-2015; Ord. No. 29-17, § 2, 12-5-2017; Ord. No. 3-19, § 2, 6-18-2019)

(a)

For the purposes of this section, architectural design guidelines are established for the following: the Center Street/Maplewood Drive District and the Civic District. The architectural design guidelines applicable to the Center Street Landmark and Maplewood Drive Districts are indicated in subsection (d), below. The design guidelines for the civic district are indicated in subsection (e), below.

(b)

Buildings or structures constructed within each district shall conform with the overall guidelines. Alterations, additions, and similar improvements to existing structures within each district shall, to the extent possible, conform with the design guidelines.

(c)

The provisions of this section shall be waived for any commercial or industrial structures that are to be located within a development of regional impact, approved pursuant to F.S. § 380.06, provided such approval has been granted prior to the effective date of the ordinance from which this section was derived.

(d)

Center Street/Maplewood Drive District design guidelines.

(1)

Scale. New structures shall relate harmoniously to the form and scale of architecture in the vicinity. Buildings taller than three stories shall be closely evaluated on a case-by-case basis as to their compatibility.

(2)

Compatible exterior materials and architectural elements:

a

Weathered, lightly stained/painted or natural wood.

b.

Metal/batten standing seam roof, wood shingle roof, exposed rafter tails.

c.

Wood trim around doors and windows painted a contrasting color.

d.

Lattice work, decorative moldings.

e.

Horizontal siding.

f.

Wood-clad walls, aluminum siding (that resembles painted wood-cladding), facing brick, stucco (though stucco should not be used without decorative wood detailing such as lattice, moldings or railings).

g.

Canopies, awnings, roof overhangs.

h.

Covered porches slightly above grade (eight inches) with columns and railings.

i.

Pitched roof (especially gable or hip roof end facing the street).

j.

Predominantly vertical, rectangular sash windows with single- or multi-panel glass.

k.

Clear glass windows (88 percent light transmission or more).

l.

Light building colors: grays, pale yellow, white, eggshell, beige, dusty red, mint/pale greens, pale pink, pale blues.

m.

Arbors, trellises, gazebos, picket fences.

(3)

Incompatible exterior materials and architectural elements:

a.

Dark stained wood, pecky cedars, distressed wood, plywood.

b.

Blue barrel tile roof.

c.

Unfinished aluminum window and door casings.

d.

Unarticulated facades.

e.

Overly-articulated facades. Mediterranean stucco detailing, ornate New Orleans style grill work.

f.

Tile, stainless steel (and other glare producing materials used in large areas), exposed concrete block, poured concrete walls.

g.

Flat, blank facades.

h.

Gambrel roof, flat roof without pediment, partial mansard roof, square or horizontal band windows.

i.

Mirror glass, glass with less than 88 percent light transmission.

j.

Window air-conditioning units, indoor/outdoor carpeting, chainlink fences, residential-looking doors on commercial buildings.

k.

Log cabin look.

(4)

Roof prohibition. Vertical roofs and piecemeal mansard roofs (used on a portion of the building perimeter only) are prohibited. Mansard roofs shall wrap around the entire building perimeter.

(5)

Large, unarticulated roofs. The roofline at the top of the structure shall not run in continuous place for more than 100 feet without offsetting or jogging the roof plane.

(6)

Use related colors. Colors shall be related to coastal vernacular (grays, pale yellow, white, eggshell, beige, dusty red, mint/pale greens, pale pink, pale blue). The use of accent colors for trim areas is encouraged for these buildings.

(7)

Screen mechanical equipment. All rooftop mechanical equipment shall be located at a distance from the edge of the building so as not to be visible from the pedestrian view.

(8)

Use consistent textures and colors. All storefronts within a strip development shall utilize a consistent palette of materials and textures. While generally this will mean a continuous treatment of the entire strip frontage, it is acceptable to vary individual storefronts within a given palette of materials. For example: brick bulkheads under shop windows could alternate with lattice treatments where there is a variation in the plane of the facade which correlates to such changes in material.

(9)

Maintain similar proportions. The proportion of the major elements of a development shall be consistent throughout the strip development. These elements include windows, doors and storefront design. For example: multipaned glazing is rarely used in most existing developments; however, if it is used, the entire strip development must use it.

(e)

Civic District design guidelines.

(1)

Scale. New structures will be of distinct form and scale compared to nearby architecture along Indiantown Road in keeping with existing institutional architecture in the district. This will also distinguish the relatively short frontage of the civic district along Indiantown Road.

(2)

Compatible exterior materials and architectural elements:

a.

Tall buildings or portions of buildings (i.e., bell tower, clock tower, etc.).

b.

Concrete, stucco, brick, or finished cut stone (i.e., granite, limestone, travertine).

c.

Flat or custom roofs.

d.

Metal trim around doors and windows.

e.

Decorative architectural elements, when used, of stone, concrete, or similar permanent materials.

f.

Reflective or clear glass.

g.

Light and neutral building colors: white, off-white, cream, tan and gray.

h.

Pedestrian plaza with public amenities such as flagpoles, fountains, sculpture, benches, lighting, trash receptacles, mail boxes, and newspaper vending in well designed gang/distributor cabinets.

(3)

Incompatible exterior materials and architectural elements:

a.

Dark stained wood, pecky cedars, plywood, exposed roof, trusses and beams.

b.

Wood siding, painted or weathered.

c.

Wood trim, painted or contrasting colors.

d.

Mansard roofs.

e.

Window air-conditioning units, residential looking doors or windows.

f.

Log cabin or other rustic look.

(4)

Roof prohibition. Vertical roofs and mansard roofs are prohibited.

(5)

Screen mechanical equipment. All rooftop mechanical equipment shall be located at a distance from the edge of the building so as not to be visible from the pedestrian view.

(6)

Use consistent textures and colors. All storefronts within a strip development shall utilize a consistent palette of materials and textures. While generally this will mean a continuous treatment of the entire strip frontage, it is acceptable to vary individual storefronts within a given palette of materials. For example, brick bulkheads under shop windows could alternate with lattice treatments where there is a variation in the plane of the facade which correlates to such changes in material.

(7)

Maintain similar proportions. The proportion of the major elements of a development shall be consistent throughout the strip development. These elements include windows, doors, and storefront design. For example, multi-paned glazing is rarely used in most existing developments; however, if it is ever used, the entire strip development must use it.

(Code 1992, § 27-872; Ord. No. 14-90, § 1(517.11), 3-6-1990)

(a)

For properties within the Indiantown Road Overlay Zoning District (IOZ), all legally established nonconforming structures and uses which become nonconforming due to the adoption of subsequent ordinances may continue to exist. In the event a legal nonconforming use is discontinued for more than 12 months, then, thereafter only those uses permitted within the zoning district established within this chapter are permitted. A nonconforming use which has been discontinued shall not be replaced with another use which is nonconforming. Provided, however, any nonconforming use which has been discontinued may be re-established with the same use if the property owner does so within 24 months of the date upon which it was discontinued where the town council determines that the property owner has submitted a site plan which demonstrates a substantial reduction of those elements which render the use on the site nonconforming; or the site plan substantially demonstrates that it meets the intent of the applicable development regulations by meeting the following criteria:

(1)

Complying with all of the sign regulations;

(2)

Providing green space for at least 20 percent of the property upon which the nonconforming use exists;

(3)

It meets the Indiantown Road Overlay Zoning District (IOZ) special landscaping requirements and, in addition, it provides a continuous three-foot hedge along and within the property's boundaries;

(4)

The building elevations presented by the site plan are a substantial improvement to the building elevations in form, materials, architectural style, so as to be determined to be consistent with division 5 of article XI of this chapter and section 27-1530, as applicable.

(b)

In the event a structure is occupied by a nonconforming use and is damaged in an amount equal to or greater than 50 percent of the assessed value of the improvements existing upon the property, the improvements or structure may be replaced or repaired pursuant to the requirements of this article. In the event a structure is occupied by the nonconforming uses of automotive fueling station, car wash, fast food, convenience store, auto sales, or auto sales and their accessory automotive service and repairs, and is damaged, such structure may be replaced or repaired provided the town council finds that there is:

(1)

No increase in existing intensity greater than ten percent of existing gross floor area;

(2)

No increase in the existing number of stories of a building;

(3)

No expansion onto other properties;

(4)

A reduction and/or elimination of the existing nonconformities through physical improvement of the site through layout, architecture, and/or landscaping, and that the following standards are met:

a.

The Indiantown Road Overlay Zoning District (IOZ) special landscape requirements along the front and/or street buffer;

b.

Any applicable residential landscape buffer requirements of the Indiantown Road Overlay Zoning District (IOZ);

c.

Providing a continuous three-foot hedge along and within a property's boundaries;

d.

All of the sign regulations;

(5)

A reduction and/or elimination of existing nuisances as specified in article XI of chapter 27 and in chapter 13 by limiting the manner in which the use is conducted, including restricting the time an activity may take place and/or restraints to minimize such effects as noise, vibration, air pollution, glare and/or odor.

(c)

Routine repairs, modernization and improvements to a structure accommodating a nonconforming use are permitted. However, such repairs and improvements shall not exceed 20 percent of the assessed value of the structure within any calendar year, except for repairs and improvements as may be required pursuant to demonstrate meeting subsection (a) of this section. If a structure is occupied by the nonconforming uses of automotive fueling stations, car wash, fast food, convenience store, auto sales, or auto sales and their accessory automotive service and repairs, and the owner or tenant proposes to replace, repair, modernize, and/or improve the structure, then such modifications may be done without limitations on cost, provided the town council finds that there is:

(1)

No increase in existing intensity greater than ten percent of existing gross floor area;

(2)

No increase in the existing number of stories of a building;

(3)

No expansion onto other properties;

(4)

A reduction and/or elimination of existing nonconformities through physical improvement of the site through layout, architecture, and/or landscaping, and that the following standards are met:

a.

The Indiantown Road Overlay Zoning District (IOZ) special landscape requirements along the front and/or street buffer;

b.

Any applicable residential landscape buffer requirements of the Indiantown Road Overlay Zoning District (IOZ);

c.

Providing a continuous three-foot hedge along and within the property's boundaries;

d.

All of the sign regulations;

(5)

Reduction and/or elimination of existing nuisances as specified in article XII of chapter 27 and in chapter 13 by limiting the manner in which the use is conducted, including restricting the time an activity may take place and/or restraints to minimize such effects as noise, vibration, air pollution, glare and/or odor.

(d)

In the event a nonconforming structure is damaged in an amount equal to or greater than 50 percent of the assessed value of the improvements, such structure may be repaired or replaced pursuant to the requirements of this article.

(e)

Legal nonconforming lots of record, including legal lots which become nonconforming due to governmental action, may be improved pursuant to the requirements of this section. In the event a legal lot becomes nonconforming due to governmental action, the structures and improvements located upon such lots shall be deemed to conform with the requirements of this section. Improvements shall include, but are not limited to, setbacks, landscaping, parking, and architectural design; however, such improvements shall not include signs.

(f)

The provisions of Ordinance Number 65-88 concerning reduced landscaped buffer requirements for developed properties on Indiantown Road affected by the state department of transportation right-of-way acquisition program remain applicable to a property which is re-establishing a nonconforming use pursuant to this section.

(g)

Any legally established use by right which, pursuant to the adoption of the Indiantown Road Overlay Zoning District (IOZ) (Ordinance Number 15-90) was reclassified as a special exception, use shall continue to be regarded as a use by right for the purposes of expansion, alteration, renovation or similar improvement.

(h)

No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel unless it is a nonconforming use of automotive fueling station, car wash, fast food, convenience store, auto sales, or auto sales and their accessory automotive service and repair, in which the proposed site plan amendment also reduces or eliminates existing nonconformities on the lot or parcel.

(Code 1992, § 27-873; Ord. No. 14-90, § 1(517.12), 3-6-1990; Ord. No. 13-11, § 7, 4-26-2011; Ord. No. 36-11, § 2, 11-15-2011; Ord. No. 44-14, § 12, 2-17-2015)

The Indiantown Road Corridor Study, dated February 21, 1989, is hereby adopted by reference. The document shall be utilized as an overall statement of intent to guide the development and redevelopment of the Indiantown Road corridor.

(Code 1992, § 27-874; Ord. No. 14-90, § 1(517.13), 3-6-1990)

Section 27-1531(a), which permits a nonconforming use which has been discontinued to be re-established within 24 months of its discontinuance, shall be repealed as of May 1, 2016. Following the repeal of section 27-1531(a), as set forth herein, properties upon which nonconforming uses which have been discontinued for 12 months or more shall be redeveloped in conformance with the use and land development regulations of this chapter.

(Code 1992, § 27-875; Ord. No. 13-11, § 8, 4-26-2011)