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Lighthouse Point City Zoning Code

ARTICLE V

- SIGNS9

Sec. 42-461. - Definitions.

The following words, terms and phrases when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Advertising means any form of public announcement intended to aid, directly or indirectly, in the sale, use or promotion of a product, commodity, service, activity or entertainment.

Animated sign means a sign which utilizes motion of any part by any means, including wind power, or flashing, oscillating displays or signs which permit incandescent or fluorescent lights to be turned on or off intermittently.

Awnings means any fixed roof-like structure, cantilevered or other use entirely supported from a building, so constructed and erected as to permit its being:

(1)

Readily and easily moved within a few minutes' time to close an opening;

(2)

Rolled or folded back to a position flat against the building or a cantilevered projection thereof; or

(3)

Capable of being detached.

Banner sign means a sign having the characters, letters or illustrations applied to cloth, paper or fabric of any kind with only such material for backing.

Billboard means a structure, including signs whether located in the public right-of-way or on private property, utilized for advertising an establishment, an activity, a product, service or entertainment, which is sold, produced, manufactured.

Cabinet or box sign means any sign, the face of which is enclosed, bordered or contained within a box-like structure, form or other device.

Canopy or marquee means a structure constructed of rigid materials including, but not limited to, metal, wood, concrete, plastic or glass, which is attached to and supported by a building or by columns, poles or braces extended to the ground.

Canopy or marquee sign means any sign which is mounted under a canopy. Such sign which is attached to a building shall not extend beyond the canopy roof line. Except as provided in subsection 42-464(c)(7) of this code, such sign shall not come closer than two feet from the curb line and must have a clearance of nine feet above the walkway below. A mansard roof extending beyond the outside wall of the building shall be considered a canopy.

Changeable sign means a sign on which the message copy is changed manually, electronically, through digital or computerized means, full motion video, the use of lighting regardless of the source and type of illumination, or by any other method, including without limitation through the utilization of attachable letters, numbers, symbols, or changeable pictorial panels, and other similar characters, or internal rotating or moveable parts, which change the visual message.

Credit card sign means a sign signifying that goods or services may be purchased on credit by means of an established credit line (Visa, Mastercard, American Express, etc.).

Directional sign means any sign located on the premises designed to direct the public to any facility or service located on the premises or to direct and control traffic.

Directory sign means an exterior sign indicating the name of an apartment building with a list of names and apartment numbers of its residents, the name of a shopping center with a list of the names of the individual businesses in the shopping center or the name of an office building with a list of the names and office number of its occupants in the form of a flat or freestanding sign.

Flags means all flags, including flags of nations, states, counties, cities and businesses.

Flat sign means any sign erected parallel to and extending not more than 18 inches from the facade of any building. Also, this definition includes awning signs, canopy signs, marquee signs, mansard signs, permanent window signs.

Frontage means the length of the property line of any one premise along each public right-of-way on which it borders, if the entryway to an establishment does not face onto the right-of-way, then the frontage shall be measured along the side of the building or tenant space where the main entryway to the establishment is located.

Garage sale sign means any sign pertaining to the sale of personal property in, at or upon any residentially zoned property located in the city. Garage sales shall include but not be limited to all such sales, and shall include the advertising of the holding of any such sale, or the offering to make any sale, whether made under any other name such as lawn sale, yard sale, front yard sale, back yard sale, home sale, attic sale, rummage sale, patio sale, flea market sale or any similar designation.

Identification sign means a sign which indicates the name, owner, telephone number, hours of operation, and/or address and use or service of a particular activity.

Illuminated sign means any sign having characters, letters, figures, designs or outlines illuminated by electric lights, luminous tubes, digital technology, embodied lighting systems, light-emitting diodes (LED), or similar sources designed for that purpose, whether or not such lights, tubes, embodied lighting systems, digital systems. LED, or similar sources are physically attached to the sign.

Master sign program means a program of signs submitted for an individual shopping center detailing specific criteria for sign designs enabling certain future sign changes for the shopping center to be administratively reviewed and approved.

Monument sign means the type of sign that is self-supported and not attached to or affixed in any way to a building or other structure. The bottom of a monument sign may rest upon the ground or on a base affixed to the ground. The bottom of the monument sign may be no more than two feet above normal ground level. The base shall be a minimum of 75 percent of the length of the sign, but not extend beyond the length. The base shall appear solid from the exterior. A planter box or other landscaping with protection from vehicles shall be placed at the bottom of the monument sign and submitted for review by the community appearance board at the time of sign application approval.

Nonconforming sign means a sign which does not conform to all of the requirements of this division.

Office building means a multi-office building built for the avowed purpose of professional or business quarters not formally catering to retail or wholesale traffic or manufacturing or equipment servicing whereby the tenants use a common parking lot.

Off-premises sign means any sign which advertises the services or products of a business not on the premises where the sign is erected. Any sign placed along a street, that relates to a business that does not have frontage on the same street on which the sign is placed, shall be included within the definition of the term "off-premises sign." Includes off-premise, open house directional signs.

Pennants means all streamers designed to be hung from poles, on walls or on any other type structure outside the building which blows with the wind and is designed for the purpose of attracting attention.

Pole sign (detached sign) means any freestanding sign erected on a structure and which is wholly independent of any building for support other than a monument sign.

Political sign means any sign which indicates the name, cause, or affiliation of anyone seeking public office; an issue for which a public election is scheduled to be held; or which expresses views on issues or individuals.

Portable sign means a movable sign not secured or attached to the ground.

Premises means a parcel of land with its appurtenances and buildings which, because of its unity of title and use, may be regarded as the smallest conveyable unit of real estate.

Projecting sign means a sign attached to and supported by a building or other structure and which extends to any angle therefrom.

Roof sign means a sign, or any part thereof, erected, constructed and maintained above the roofline of any building.

Roofline means the higher elevation of the roof, the mansard or facade wall which constitutes part of the structural building wall.

Sandwich or sidewalk sign means a moveable sign not secured or attached to the ground or any building.

Shopping center means a group of retail stores, including strip stores, service establishments or any other business planned to serve a community or neighborhood not necessarily owned by one party nor by a single-land ownership, which are adjacent to and utilizing a common parking area or common off-street parking.

Sign means any surface with characters or letters or pictures designed to attract public attention for advertising purposes.

Sign area means:

(1)

The area of signs shall include borders, framing and embellishments and that portion of the supporting structure above the bottom of the sign, but does not include any portion of the structure below the bottom of the sign.

(2)

On multi-face signs, the sign area will be determined by combining the square footage of each face.

(3)

Flat signs of the cabinet-type shall be measured by the area of a rectangle surrounding the perimeter of all of the cabinets.

(4)

Odd-shaped flat signs or cabinet signs shall be measured by projecting a rectangle or square around the outside perimeter so as to enclose and encompass the entire symbol or sign and all items of information.

(5)

Individual letters, words or symbols on a wall, canopy, marquee, awning, window or neon window signs, shall be calculated by measuring the area which encompasses all the items of information with a square or rectangular perimeter line.

Snipe sign means a sign which is tacked, nailed, posted, pasted, glued or otherwise attached to trees, poles, stakes or fences, or to other objects, and the advertising matter appearing thereon is not applicable to the present use of the premises upon which such sign is located.

Temporary signs shall mean all signs that by their construction and materials are not intended to be permanent fixtures, including temporary real estate signs, temporary construction signs, garage sale signs and political signs as defined herein.

Temporary construction sign means a sign that shall be limited to advertising the construction actually being done on the premises whereon the sign is located. The sign may also include the contractor's name, the owner's name and/or financial institution providing services.

Temporary real estate sign means any structure showing that the premises upon which it is located is either for sale, for lease, rent or open for inspection.

Vehicle advertising sign means a sign affixed to or painted on a transportation vehicle or trailer, for the purpose of business advertising.

Vehicle identification sign means a sign affixed to or painted on a transportation vehicle or trailer, for the purpose of identification, as required by law.

Window sign means:

(1)

Permanent. Any sign which is:

a.

painted on, applied to, attached to or projected upon or within the exterior or interior of a building glass area, including doors; or,

b.

located within four feet of the interior of a building glass area, including doors; or,

c.

located within 15 feet of the interior of the building glass area, including doors, that is illuminated either directly or illuminated by lighting which is specifically used to illuminate the sign, whose identification, message, symbol, insignia, visual representation, logotype, or any other form which communicates information, can be read from off premises contiguous property or public right of way.

(2)

Temporary. A window sign of a temporary nature used to direct attention to a change in the status of the business, including signs for going out of business, grand openings, and new management. No business shall be permitted to display temporary window signs for more than 14 days in a 180-consecutive day period.

(Ord. No. 2006-862, § 2, 4-11-2006; Ord. No. 2012-0904, § 2, 11-13-2012; Ord. No. 2015-0931, § 2, 1-12-2016)

Cross reference— Definitions generally, § 1-2.

Sec. 42-462. - Penalties and violations.

Any person who violates any of the provisions of this article shall be guilty of a violation of a city ordinance and shall be punished as provided for in section 1-7 of this Code or, in the alternative, as determined by the city enforcement board.

(Ord. No. 2006-862, § 2, 4-11-2006)

Sec. 42-463. - Statement of purpose.

The purpose of this article is to create the framework for a comprehensive and balanced system of sign control, thereby facilitating a clear and pleasant communication between people and their environment. It is the belief of the city commission of the city that the nature of signs is to provide an index to needed goods and services. It is the intention of this article to control those signs which are intended to communicate to the off-premises general public and to authorize the use of signs which are:

(1)

Compatible with their surroundings;

(2)

Expressive of the identity of individual proprietors or the community as a whole;

(3)

Legible under the circumstances in which they are seen; and

(4)

Conductive to promoting safety by preventing visual distraction.

(Ord. No. 2006-862, § 2, 4-11-2006)

Sec. 42-464. - Applicability of article.

(a)

With the exception of those uses set out in subsection 42-344(a)(3) whose signage shall be governed by subsection (b) of this section, RS-3, RS-5, RD-10 and RM-16 districts (single-unit, duplex and four family residence districts) shall be authorized the following signage:

(1)

One nonilluminated residence identification sign attached to the building, having an area of not more than two square feet.

(2)

Temporary sign. Temporary signs, as defined in section 42-461, shall be limited to no more than three on a property at the same time. These signs shall not be animated, changeable or illuminated, shall not be placed in public property, shall not exceed three square feet each face, and shall not be more than 44 inches in height from ground level. All temporary signs constructed of paper, cardboard, wood or plastic shall be removed or replaced after 60 days. All temporary signs shall be removed within five days after the purpose for the sign has expired. Temporary signs may not be placed within five feet of the abutting property lines. All temporary signs shall be placed on the property side of the sidewalk. In the event there is no sidewalk, all temporary signs shall be placed on the property no closer than ten feet from the macadam portion of the street that is adjacent to the property.

(3)

One open-house or garage sale directional sign is permitted off-premises during the open-house or garage sale; provided that such signs shall include, at a minimum, the address of the open house or garage sale.

(b)

RM-25 districts (multifamily apartments districts), including those uses set out in subsection 42-344(a)(3), to wit, churches, schools, libraries or art galleries, and, further, the monument sign requirements for such churches, schools, libraries or art galleries shall be one non-illuminated single-faced sign with a permitted sign area not exceeding 30 square feet with a maximum height limitation of four feet:

Apartments and other uses permitted but not listed above would be allowed to have (1), (2), (3), (4), and (5) as listed below.

(1)

Monument sign. One nonilluminated monument sign with a cabinet area or sign face area not exceeding two feet by three feet per sign face of the sign with a maximum height limitation of four feet.

(2)

Flat sign. The maximum number of flat signs shall be two. The total combined area of the flat signs shall be calculated as follows: One square foot or flat sign for each one lineal foot of the building, as measured on the side of the building to which assigned street address indicates is the main frontage of the building, up to a maximum of 100 square feet. The total amount of signage shall not be required to be less than 32 square feet.

(3)

Identification sign. One nonilluminated identification sign having an area of not more than two square feet.

(4)

Temporary signs. Temporary signs, as defined in section 42-461, shall be limited to no more than three on a property at the same time. These signs shall not be animated, changeable or illuminated, shall not be placed in public property, shall not exceed three square feet each face, and shall not be more than 44 inches in height from ground level. All temporary signs constructed of paper, cardboard, wood or plastic shall be removed or replaced after 60 days. All temporary signs shall be removed within five days after the purpose for the sign has expired. Temporary signs may not be placed within five feet of the abutting property lines. All temporary signs shall be placed on the property side of the sidewalk. In the event there is no sidewalk, all temporary signs shall be placed on the property no closer than ten feet from the macadam portion of the street that is adjacent to the property.

(5)

One open-house or garage sale directional sign is permitted off-premises during the open-house or garage sale; provided that such signs shall include, at a minimum, the address of the open house or garage sale.

(c)

B-1, B-2, B-2A, B-3, and B-3A districts (business districts) and CF and S-1 districts (nonresidential districts):

(1)

Monument sign. Monument signs shall be permitted based on the following formula:

Street
Frontage *
# of Signs
Permitted
Maximum Sign Area ** Minimum
Setback
Maximum Height Maximum Width
0-100 feet 1 40 square feet 3 feet 7 feet 0 inches 12 feet
101-150 feet 1 60 square feet 5 feet 7 feet 0 inches 15 feet
151-200 feet 1 75 square feet 10 feet 9 feet 0 inches 18 feet

 

* Measuring the major street frontage of the property, one monument sign shall be permitted for the first 200 lineal feet; thereafter each additional full 200 lineal feet shall entitle the property to one additional monument sign (i.e., 240 feet permits one monument sign, 410 feet permits two monument signs, 595 feet permits two monument signs, 601 feet permits three monument signs).

** The square footage of each sign area shall not exceed the permitted square footage identified in the above matrix. If the monument signs are double-faced, each sign area shall not exceed the permitted square footage (i.e., a combined total of 150 square feet for a double-faced sign and and 75 square feet if such a sign is a single-faced or a one-sided sign.)

(2)

Flat sign. The maximum number of flat signs for each building facade street frontage shall be two. The total square foot area available flat signs for each building facade street frontage shall be calculated as follows: One square foot or flat sign for each one lineal foot of business establishment frontage (building frontage not property frontage) for the first 100 lineal feet. Thereafter, each additional one-half square foot of available flat sign area. The total amount of signage shall not be required to be less than 32 square feet. For shopping centers with master sign plans approved by the city's community appearance board pursuant to section 14-79, interior drives on the property may be counted as street frontage for purposes of this subsection (2), provided that the approved master sign plan must include provisions relating to the additional signage permitted on the property by counting interior drives as street frontage.

(3)

Identification sign. Each business location shall be permitted one identification sign not to exceed two square feet.

(4)

Window sign. The maximum area of temporary window signs shall be limited to 20 percent of the glass area upon which such sign is posted. It is intended that such signs shall not be limited to 20 percent of any given window, but may be confined into one large window sign which may, in fact, cover one entire window.

(5)

Directional signs. The area of directional signs shall not exceed eight square feet, and no dimension thereof shall exceed four feet.

(6)

Temporary signs, as defined in section 42-461, shall be limited to no more than three on a property at the same time. These signs shall not be placed in public property, shall not exceed three square feet each face, and shall not be more than 44 inches in height from ground level. All temporary signs constructed of paper, cardboard, wood or plastic shall be removed or replaced after 60 days. All temporary signs shall be removed within five days after the purpose for the sign has expired. All temporary signs shall be placed on the property side of the sidewalk. In the event there is no sidewalk, all temporary signs shall be placed on the property no closer than ten feet from the macadam portion of the street that is adjacent to the property.

(7)

Canopy signs. For shopping centers with a master sign plan approved by the city's community appearance board pursuant to section 14-79, the appearance, minimum clearance and distance from the curb line shall be established as part of the master sign plan, subject to compliance with applicable building codes, and such signs shall not illuminated or lit in any way.

(d)

Banner signs on city-owned property. Banner signs shall be permitted on city-owned property, subject to banner guidelines adopted by the city commission by resolution. Banners shall be permitted:

(1)

To promote city-sponsored events;

(2)

To promote events conducted by not for profit charitable organizations located within the city;

(3)

To promote an event occurring within the city which is conducted by any not for profit charitable organization; or,

(4)

To promote an event conducted by an accredited public or private school.

(Ord. No. 2006-862, § 2, 4-11-2006; Ord. No. 2012-0904, § 3, 11-13-2012)

Sec. 42-465. - Liability of sign owner and property owner.

Notwithstanding any of the provisions of this article, it shall be the responsibility of the tenant who maintains a business within the city and the property owner upon whose land a sign is erected, and any other responsible party, to see that all signs are erected, maintained, and controlled in full compliance with the provisions of this article and each shall be fully responsible for compliance with such provision.

(Ord. No. 2006-862, § 2, 4-11-2006)

Sec. 42-466. - Reconstruction of damaged or destroyed sign.

Any sign with at least 50 percent of the advertising message or structure damaged or destroyed shall be repaired and, at the time of such repair, shall be repaired so as to conform to all of the provisions of this article.

(Ord. No. 2006-862, § 2, 4-11-2006)

Sec. 42-467. - Maintenance.

Every sign, together with its framework braces, angles, or other supports, shall be well maintained in appearance and in good and safe condition, properly secured, supported and braced and able to withstand wind pressures as required by the city building code. The decision of the chief building official or the designated code enforcement official shall create a rebuttable presumption that a violation of this section exists.

(Ord. No. 2006-862, § 2, 4-11-2006)

Sec. 42-468. - Certain signs or sign structures prohibited.

It shall be unlawful for any person to erect, place or use within the city the following signs or sign structures:

(1)

Animated signs or a sign which involves motion or rotation of any part of the sign structure or sign face of a sign structure or sign face using intermittent lights or animation or automatically changed copy or design, except an individual time and/or temperature display sign, and the only change being an adjustment in the time or temperature shall be a permitted sign. There shall be exempted from the provisions of this subsection any barber pole which shall not exceed the size of 36 inches in height nor 12 inches in width.

(2)

Banner signs, except as provided in subsection 42-464(d), but not including awning signs.

(3)

Billboards.

(4)

Changeable copy signs unless expressly authorized.

(5)

Flags, except as permitted in subsection 42-507(1) or section 42-536.

(6)

Off-premises signs, except where permitted by this article.

(7)

Pennants.

(8)

Pole signs.

(9)

Projecting signs.

(10)

Roof signs.

(11)

Sandwich, sidewalk or portable signs, or human signs.

(12)

Snipe signs.

(13)

Temporary real estate sign signifying that the property has been sold or rented.

(14)

Vehicle advertising signs when used for advertising purposes at a given location or site in addition to or in lieu of a temporary or permanent sign permitted under this chapter, but shall not include a vehicle identification sign.

(15)

Any sign which constitutes a traffic hazard or detriment to traffic safety by reason of its size, location, content, coloring, or method of illumination or by obstructing the vision of drivers, or by obstructing or detracting from the visibility of an official traffic-control device which diverts or tends to divert the attention of drivers of motor vehicles from traffic movements on streets, roads, intersections, or access facilities. No sign shall be erected so that it obstructs the vision of pedestrians. No sign shall use the words "STOP," "SLOW," "DANGER," or any other word, phrase, symbol, or character in such a manner as to interfere with, mislead, or confuse traffic.

(16)

Any "for sale" sign indicating the sale of a vehicle, trailer or boat unless such sign is at a location specifically authorized to sell such vehicle, trailer or boat and has a duly issued occupational license from the city for such sale. These provisions shall not apply to any sign not larger than one foot by one foot when located on residentially zoned property whereon the owner or tenant of such property is attempting to sell his own vehicle, trailer or boat.

(17)

Any sign located on the exterior of the premises or which is visible from the exterior of the premises that at any point exceeds the following luminance when the display is set to show maximum brightness (100 percent full white mode for multicolor signs), as measured on a grid of one foot centers with a minimum of four points for signs less than 1.2 square feet:

a.

Sunrise to sunset, a sign that exceeds 3,000 nits.

b

Sunset to sunrise, a sign that exceeds an average of 400 nits or a maximum of 600 nits.

(18)

Any sign located on the exterior of the premises or which is visible from the exterior of the premises that is capable of night luminance over 400 nits, measured in the same manner described in paragraph (17) above, without photocell technology to control and vary the intensity of lighting depending on the amount of ambient light that is present to prevent overly bright luminance.

(19)

Any sign on which objects are attached to or made a part of any portion of the sign, including without limitation the sign face, frame, base or pole, which results in a three-dimensional effect to the sign.

(20)

Any sign that emits any type of emission, including but not limited to smoke, mist, vapor, odor, or audio.

(21)

Any sign which does not comply with the terms, conditions or provisions of this chapter or is not specifically permitted by its provisions.

(Ord. No. 2006-862, § 2, 4-11-2006; Ord. No. 2012-0904, § 4, 11-13-2012)

Sec. 42-469. - Posting on public or private property.

(a)

No person shall paint, paste, print, nail or fasten in any manner whatsoever any banner, sign, paper or any advertisement or notice of any kind whatsoever, or cause such acts to be done, on any curbstone, flagstone, pavement or any other portion or part of any sidewalk or street, or upon any trees, lampposts, parking meter post, telephone or telegraph pole, hydrant, bridge workshop or toolshed or upon any structure within the city, unless otherwise permitted by this article.

(b)

No person shall post or tack any banner, sign, handbill, advertisement or notice of any kind, or cause such acts to be done, upon any private structure or building.

(Ord. No. 2006-862, § 2, 4-11-2006)

Sec. 42-470. - Legal notices.

Legal notices required by law to be posted are hereby excepted from the provisions of this article.

(Ord. No. 2006-862, § 2, 4-11-2006)

Sec. 42-486. - Responsibility for enforcement; removal; notice for repair of illegal or unsafe signs.

(a)

The building official or designated code enforcement officer shall enforce the provisions of this article.

(b)

It shall be unlawful to erect, use or maintain a sign or sign structure when it does not comply with the requirements or exemptions of this article. The city is authorized to remove unlawful signs and sign structures pursuant to the provisions of this section.

(c)

If the building official shall find any sign to be unsafe, insecure, or not erected, constructed or maintained in accordance with the requirements of this article, he shall give written notice to the owner of the land (if in possession of the property) on which the sign is situated and the person in possession of the premises to whom a local business license has been issued, and such owner and person in possession shall thereupon be required to make such sign safe, secure and of proper construction within ten days of the posting of the notice in the United States mail by the building official.

(Ord. No. 2006-862, § 2, 4-11-2006; Ord. No. 2006-865, § 2, 11-14-2006; Ord. No. 2017-0954 , § 2, 10-24-2017)

Sec. 42-487. - Removal of signs upon discontinuance of business.

When a business or service is discontinued, all signs relating to such business or service shall be removed within 20 days from the date of discontinuance. Failure to so remove such signs within the time limits shall subject the sign, the tenant and the land owner to disposition and fine as provided within the provisions of this article. It shall be a rebuttable presumption that such business or service has discontinued operation if it shall not have its doors open to the public, employees available to service the public, and its regular inventory of goods or services available for purchase by the public, for a period of 15 days, except that businesses closed for vacation, or normally operating on a seasonal basis only, shall not suffer such presumption.

(Ord. No. 2006-862, § 2, 4-11-2006)

Sec. 42-488. - Nonconforming signs.

Signs that are not consistent with the provisions of this article shall be considered legal nonconforming signs if a building permit was issued for installation and if the sign is not in violation of subsection (c) of this section. All other signs are considered illegal nonconforming signs.

(a)

All illegal nonconforming signs must be removed.

(b)

Should a nonconforming sign, legal or illegal, be removed for any reason, all replacement signage shall conform to the current regulations.

(c)

Pole signs that do not conform with this article shall be removed on or before April 11, 2014.

(Ord. No. 2006-862, § 2, 4-11-2006; Ord. No. 2011-0891, § 2, 5-10-2011)

Sec. 42-506. - Permits and local business licenses.

(a)

No sign or sign structure shall be erected, constructed, pasted, painted, altered, maintained or relocated, except exempt signs as provided herein, until a valid city local business license has been obtained for the business for which the sign is being requested and a permit for the erection, construction, pasting, painting, altering, maintaining or relocation of the sign or sign structure has been paid for and issued by the city. If any person erects, constructs, pastes, paints, alters, maintains or relocates any sign or sign structure prior to obtaining an approved permit for the sign or sign structure and without the local business license for the business related to such sign or sign structure having been issued by the city, such person shall be subject to the penalties set forth in this article. Maintenance shall not encompass changing of light bulbs or keeping sign in original condition as when permitted.

(b)

Whenever any business within the city is sold, transferred, or otherwise changes ownership and such business has an authorized or permitted sign and a valid sign permit, then, at the time of the change of ownership or transfer of business, the new owners thereof shall file an application with the city which reflects the change of ownership, the names, address and telephone numbers of the new owners or persons in possession of the business and the existing sign permit number and shall pay all appropriate reapplication fees as may be required by this article. All such forms and fees shall be filed with and paid to the city prior to or at the time such new owners physically take possession of the business and the existing sign, physically taking possession being at the time the assignment of the local business license for such business it applies for.

(Ord. No. 2006-862, § 2, 4-11-2006; Ord. No. 2006-865, § 2, 11-14-2006)

Sec. 42-507. - Exemption from permits and licenses.

The following types of signs shall be exempt from the requirement of obtaining a permit and license subject to the terms and conditions contained herein:

(1)

Flags. The flying of individual national, state, county, city, international code sign flags and individual business flags, but the flying of such flags shall be limited to three flags per primary licensed business location.

(2)

Signs installed under the direction of a federal, state, county, and/or municipal agency; there shall not be included in this exemption any sign erected or authorized pursuant to F.S. § 715.07.

(3)

Identification signs.

(4)

Temporary real estate and construction signs.

(5)

Temporary garage sale signs.

(6)

Temporary window signs.

(7)

Signs constructed and placed upon church property which such sign relates to a religious or church-related function.

(8)

Vehicle advertising or identification signs shall be exempt from all provisions of this article, except when such signs are utilized at a specific location or site for advertising purposes in addition to or in lieu of a permanent or temporary sign as permitted under this article.

(Ord. No. 2006-862, § 2, 4-11-2006)

Sec. 42-508. - Application; issuance of permit.

(a)

Every sign requiring a permit shall be constructed in accordance with the city building code. If the sign is illuminated it shall be governed by the provisions of the National Electrical Code.

(b)

The city shall provide forms for application for sign permits, which forms will provide for furnishing the information required by this division.

(c)

The information required for a sign permit consists of:

(1)

Name, address, telephone number and signature of the owner of the premises granting permission for the construction of the sign or sign structure, as well as the name, address, telephone number and signature of the tenant responsible for the care, operation, maintenance and display of such sign or sign structure.

(2)

Name, address, telephone number, copy of city or county local business license and signature of sign contractor, if any.

(3)

Legal description and street address of premises or property upon which the sign is located.

(4)

The approximate value of the sign to be installed, including the installation cost.

(5)

Type of sign for which a permit is being sought.

(6)

Two copies of a sketch, blueprint, blueline print or similar presentation drawn to scale and dimensioned, showing elevations of the sign as proposed on a building facade, awning or canopy, provided further, the relationship to other existing adjacent signs shall also be known.

(7)

Copy of stress sheets and calculations indicating that the sign is properly designed for dead load and wind pressure in any direction, as required by the city building code. This requirement may be waived by the building official upon his determining that the sign for which application is made is of such a nature as not to warrant furnishing the information required in this division.

(8)

For signs containing any illumination, certification from the sign manufacturer that the light intensity has been pre-set to not exceed the limits set forth in subsections 42-468(17) and (18), that sign will go black if it malfunctions and turn off in the event of an emergency, and that this setting is protected from end-user modification by password-protected software or other method as deemed appropriate by the zoning administrator.

(9)

Such other information as the building official may require which is necessary to secure full compliance with all applicable provisions of the city building code.

(d)

All applications for sign permits shall be submitted to the development review official and the planning and zoning board and/or the community appearance board, if required, whose approval is necessary prior to the issuance of a sign permit.

(e)

Upon satisfactory compliance with the requirements of this division, a sign construction permit shall be issued to the applicant which shall be valid for a period of 120 days, provided, however, that the building official may, for good cause shown, renew this permit for an additional 90 days.

(Ord. No. 2006-862, § 2, 4-11-2006; Ord. No. 2006-865, § 2, 11-14-2006; Ord. No. 2012-0904, § 5, 11-13-2012)

Sec. 42-509. - Content of permit.

Upon compliance with the provisions of this article, the building official shall issue a permit for such sign or sign structure. Permits shall be numbered and contain the following information:

(1)

Type of sign as defined in this article.

(2)

The street address of the property upon which such sign is proposed to be located and the proposed location of the sign on such property. In absence of a street address, a method of location acceptable to the city shall be used.

(3)

The amount of the fee paid for such permit.

(4)

The date of issuance.

(Ord. No. 2006-862, § 2, 4-11-2006)

Sec. 42-510. - Fees for permits.

(a)

At the time of submission of an application for a sign permit, a nonrefundable plan check fee be paid based on the schedule of rates provided in Appendix A of this Code.

(b)

When application for a permit is approved and before a permit is issued, a permit fee shall be paid as based on the schedule of rates provided in Appendix A of this Code.

(c)

No recurring annual sign permit fee shall be for signs.

(Ord. No. 2006-862, § 2, 4-11-2006)

Sec. 42-531. - Canopy signs.

Canopy signs that are attached to the building shall not exceed ten square feet in area.

(Ord. No. 2006-862, § 2, 4-11-2006)

Sec. 42-532. - Credit card signs.

Credit card (monetary, institutional, etc.) signs, decals or emblems shall also be allowed, but shall be limited to 24 square inches each or an aggregate of 96 square inches per business premises.

(Ord. No. 2006-862, § 2, 4-11-2006)

Sec. 42-533. - Directional signs.

The number of directional signs shall be governed by the building official, by need as approved by the planning and zoning board as per sections 42-348 and 42-350.

(Ord. No. 2006-862, § 2, 4-11-2006)

Sec. 42-534. - Directory signs.

A directory sign may be attached to one monument sign permitted by this article, and if so attached, the total directory sign area shall be included in the permitted monument sign area. The lettering on all directory signs shall be of like size, legal face and coloring, and no one business identified on such directory sign shall occupy more space than any other business identified thereon. As an alternative, such directory sign may be attached to the front of a building and, if so attached, the total allowable sign area thereof shall not exceed 12 square feet.

(Ord. No. 2006-862, § 2, 4-11-2006)

Sec. 42-535. - Flat signs.

No flat sign shall extend over the roofline, including but not limited to painted signs, individual letters and cabinet signs.

(Ord. No. 2006-862, § 2, 4-11-2006)

Sec. 42-536. - Flags.

Each primary business location shall be permitted to display no more than a total of three flags which may be composed of the following and displayed in a proper manner: American flag, state flag, city flag, international code sign flags, or a business flag, no one flag shall exceed a dimension of more than 40 square feet, subject to the following limitations: The length of the flag shall not exceed one-fourth of the length of the flag pole, i.e., 20-foot pole permits a flag three feet wide by five feet long; 35-foot pole permits a flag five feet wide by eight feet long. No flagpole shall exceed 35 feet in height. All limitations as to flag size contained herein shall be waived and suspended for a period of seven days before and three days after a national, state or local holiday.

(Ord. No. 2006-862, § 2, 4-11-2006)

Sec. 42-537. - Office buildings.

Signs on office buildings shall be controlled as they are in shopping centers.

(Ord. No. 2006-862, § 2, 4-11-2006)

Sec. 42-538. - Monument signs.

(a)

Monument signs shall be placed so that no part of such sign or support structure shall protrude beyond any property line. The height of all monument signs shall be measured from the natural contours of the property and no artificially elevated or built-up mounds or supports shall be considered in the height of the measurement.

(b)

All monument signs shall have a solid base to support the monument. No monument sign shall exceed a height of nine feet.

(Ord. No. 2006-862, § 2, 4-11-2006)

Sec. 42-539. - Gas service stations.

(a)

Price signs at service stations shall be placed on the monument sign. The maximum area of a price sign shall not exceed 15 square feet per sign face. If this sign shall be required by state law, then no permit fee, required in section 42-510, shall be charged.

(b)

Gas service stations shall be authorized additional signs not to exceed eight square feet per service island in order to provide information to the public regarding price, type of fuel, octane rating, safety information, or to direct traffic.

(Ord. No. 2006-862, § 2, 4-11-2006)

Sec. 42-540. - Shopping centers.

(a)

In all shopping centers, including fixed strip stores, monument signs shall be permitted which advertise the name of the shopping center or the entire business center, however, there may be a directory listing the names of the tenants in the center provided that the total area does not exceed the permitted sign area.

(b)

The community appearance board may pre-approve a sign program for a shopping center. An applicant may submit to the community appearance board, for its approval, an overall master sign program with specific criteria for sign designs in such a center, which would include a description of the sign type, material, colors, lettering style, illumination, copy content, location and size. After the initial approval of the specific criteria by the community appearance board, signs shall be reviewed administratively to ensure conformance to the specifically approved criteria and may be installed without additional review by the community appearance board, provided all other requirements are met.

(Ord. No. 2006-862, § 2, 4-11-2006)

Sec. 42-541. - Signs in right-of-way.

(a)

No sign of any kind shall extend into or above or be anchored or placed in any position in the right-of-way of a city street or sidewalk area or public street or sidewalk (except official city, state and county signs).

(b)

Banner signs, pennants, garage sale signs, portable signs, temporary construction signs, sandwich signs, temporary real estate signs, and snipe signs, which violate any of the provisions of this article, may be summarily removed from rights-of-way, by the building official, designated code enforcement officer, any member of the city police department, or any city employee authorized by the city administrator. The owner of the removed sign shall be notified that the sign has been removed and where it can be repossessed. The owner shall pay a charge as provided in Appendix A of this Code to reimburse the city for the pickup and storage time involved in policing the provisions of this section. Any sign not redeemed by the owner after 30 days' notice may, at the option of the city, be disposed of.

(Code 1979, ch. 21, § 6.15(k); Ord. No. 2017-0954 , § 3, 10-24-2017)

Sec. 42-542. - Reserved.

Editor's note— Ord. No. 2005-855, § 4, adopted Sept. 12, 2005, deleted § 42-542, which pertained to temporary real estate signs, garage sale signs, temporary construction signs, political signs and derived from Code 1979, ch. 21, § 6.15(l); Ord. No. 746, § 1, adopted Nov. 9, 1999.

Sec. 42-543. - Window signs.

Window signs, either permanent or temporary shall not exceed 20 percent of the total glass portion of any single face of a building. It is intended that such signs shall not be limited to 20 percent of any one given window, but may be combined into one large window sign which may, in fact, cover one entire window.

(Code 1979, ch. 21, § 6.15(m))

Sec. 42-544. - Misleading statements.

No person shall display untrue, false or misleading statements upon signs, billboards or other public places, calculated to mislead the public as to anything sold or any services to be performed. The fact that such sign or display shall contain words or language sufficient to mislead an ordinary person shall be a prima facie evidence of a violation of this section.

(Code 1979, ch. 21, § 6.15(n))

Sec. 42-545. - Indecent displays.

No sign shall display any statement, word or character or illustration of any obscene, indecent or immoral nature.

(Code 1979, ch. 21, § 6.15(o))

Sec. 42-561. - General requirements.

(a)

Electric signs shall be constructed of noncombustible materials.

(b)

The metal used in the construction of sign boxes shall be not less than No. 28 U.S. sheet metal gauge (.1056 inch). It shall be galvanized, treated with at least three coats of anticorrosive paint, or otherwise suitable protection from corrosion.

(c)

The electric wiring and appliances shall conform to the electric requirements of the city.

(Code 1979, ch. 21, § 6.17)

Sec. 42-562. - Licensed electrician to perform work.

All electrical wiring, electrical connections, and appurtenances pertaining to the installation and maintenance of neon lighting and electrical signs of all types shall be installed by an electrician licensed by the city.

(Code 1979, ch. 21, § 6.18)

Sec. 42-563. - Approved apparatus only to be installed.

No transformers, flashers, or other apparatus used to control neon lighting that are not approved by the Underwriters' Laboratories, Inc., shall be permitted within the city.

(Code 1979, ch. 21, § 6.19)

Sec. 42-564. - Moisture protection.

Where a metal tubing or conduit is used to enclose conductors of over 600 volts, on the outside of a building, or where such tubing or conduit is exposed to moisture, waterproof fittings and connections of the screw-type shall be used.

(Code 1979, ch. 21, § 6.20)

Sec. 42-565. - Inspections.

(a)

No neon lighting or electrical sign shall be installed until it has been approved by the electrical inspector.

(b)

Upon completion of the installation of any neon lighting or electrical sign, the electrical inspector shall be notified immediately to make a final inspection of such installation.

(c)

The inspection shall be made within 48 hours after notification.

(Code 1979, ch. 21, § 6.21)

Sec. 42-566. - Conformity to specified technical provisions required.

Any neon sign, neon display lighting, neon outline lighting or gaseous tube lighting or any part thereof constructed, erected, or maintained contrary to the provisions of this Code or the requirements of the Florida Building Code, and Broward County Administrative Provisions, as may be amended from time to time shall, upon demand by the electrical inspector, be disconnected from electrical service by the owner of the land on which situated or by the supplier of such electrical service until such sign be made to conform to such code or codes, and the electrical inspector shall have certified to such conformity.

(Code 1979, ch. 21, § 6.22; Ord. No. 2002-0812, § 11, 6-11-2002)

Sec. 42-567. - Discontinuance of nonconforming signs.

Any neon lighting or electrical sign that does not conform to the 1996 Broward Edition of the Florida Building Code, and Broward County Administrative Provisions, as may be amended from time to time, shall, upon notice by the electrical inspector, be discontinued immediately from service by the owner until it is made to conform to such provisions.

(Code 1979, ch. 21, § 6.23; Ord. No. 2002-0812, § 12, 6-11-2002)

Sec. 42-568. - Nuisance.

No neon sign shall create a nuisance to adjacent property and such sign shall be turned off at 12:00 midnight if it disturbs the peace and quietude of the inhabitants residing in the adjacent apartments or homes.

(Code 1979, ch. 21, § 6.24)