This division regulates signage, exempts certain signs from these regulations, prohibits certain signs, establishes regulations to govern the number, character, placement and size of temporary and permanent signs within the village, establishes permit application procedures and maintenance standards to enhance the visual appearance of the village. All new signs shall be consistent with the Village Code of Ordinances section 5-75. The village architectural design style is Florida Vernacular.

Various signs that serve as signage for distinct land uses are based upon content-neutral criteria in recognition of the functions served by those land uses, but not based upon any intent to favor any specific viewpoint or control the subject matter of public discourse.

(Ord. No. 2025-01, § 3(Exh. A), 1-27-2025)

(a)

This division applies to all signs, and other advertising devices, on private property that are constructed, erected, operated, used, maintained, enlarged, illuminated or substantially altered within the village. Repainting or routine maintenance of a sign shall not, in and of itself, be construed as a substantial alteration.

(b)

This division does not regulate the following:

(1)

Government signs on government property or public rights-of-way, including, but not limited to, village signs on property owned or controlled by the Village, Miami-Dade County, or the State of Florida.

(2)

Hazard, life-safety, warning signs, and traffic control devices required or installed by a government agency on public or private property.

(3)

Notices required to be posted by law or ordinance on public or private property.

(4)

Signs that are wholly within the interior of a building or structure, and not visible from the exterior of such building or structure.

(Ord. No. 2025-01, § 3(Exh. A), 1-27-2025)

The village council finds that:

(1)

In accordance with the U.S. Supreme Courts cases on sign regulation, the regulations in this division are not intended to regulate or censor speech based on its content or viewpoint, but rather to regulate the secondary effects of speech that may be adversely affect the village's substantial and compelling governmental interests in preserving community aesthetics, and in vehicular and pedestrian safety in conformance with the First Amendment.

(2)

The manner of erecting, locating and maintaining signs may affect and endanger the public health, safety, morals, and welfare. Therefore, a comprehensive system of reasonable, consistent, and nondiscriminatory sign standards is required.

(3)

The safety of motorists, cyclists, pedestrians, and other users of the streets and sidewalks are affected by the number, size, location, lighting and movement of signs that divert the attention of drivers and may jeopardize pedestrian or vehicular traffic safety.

(4)

The safety of motorists, cyclists, pedestrians, and other users of the streets and sidewalks and are affected by unsafe conditions. Following the principles of crime prevention through environmental design (CPTED), spaces around signage must be open and visible to allow for clear sightlines with quality landscape and lighting that enhances views for passersby and to avoid creating concealed or isolated areas which are often predictable routes for potential offenders to corner pedestrians in.

(5)

The size and location of signs may, if uncontrolled, constitute an obstacle to effective firefighting techniques.

(6)

Constructing, erecting and maintaining large signs suspended from or placed on the tops of buildings, walls or other structures may constitute a direct danger to pedestrian and vehicular traffic below, especially during periods of strong winds, and hurricane events.

(7)

Uncontrolled, unlimited and signs not maintained may degrade the natural and humanmade attributes of the village and thereby undermine its economic growth.

(8)

The creation of sign regulations is required as failure to do so may mislead, confuse, or obstruct the vision of people seeking to locate or identify uses or premises and may cause sign pollution.

(9)

One of the most important goals is to define and protect aesthetic resources and community character. Excessive signage and sign clutter impair aesthetics, and undermine the effectiveness of governmental signs, traffic control devices and other required signs.

(Ord. No. 2025-01, § 3(Exh. A), 1-27-2025)

(a)

The purpose of these regulations is to ensure that permitted signs will not, because of size, location, method of construction, installation or manner of display endanger the public safety, create distractions that may jeopardize pedestrian or vehicular traffic safety; mislead, confuse or obstruct the vision of people seeking to locate or identify uses or premises; or destroy or impair visual qualities of the village which is essential to general welfare and economic viability.

The intent of these regulations is to create a comprehensive system of graphic controls on private property, which provide uniform sign criteria, regulate the size, height, graphic character, lighting, number and placement of signs in a manner that is compatible to the scale and character of the village, and which shall place the fewest possible restrictions on personal liberties, property rights, free commerce, and the free exercise of Constitutional rights, while achieving the village's goal of creating a safe, healthy, attractive and aesthetically pleasing environment that does not contain excessive clutter or visual distraction from rights-of-way and adjacent properties; the surrounding natural coastal environment and residential neighborhoods, and to ensure consistency with the village's comprehensive plan.

(b)

Scope. This division's provisions shall govern the number, size, location, and character of all signs which may be permitted. No sign shall be permitted on a plot or parcel except in accordance with this division's provisions.

(c)

Substitution of noncommercial speech for commercial speech. Notwithstanding any provisions of this division to the contrary, to the extent that this article permits a sign containing commercial copy, a noncommercial sign shall be permitted to the same extent. The noncommercial message may occupy the entire sign area or any portion thereof, or may be substituted for or be combined with the commercial message. The sign message may be changed from commercial to noncommercial messages, or from one noncommercial message to another, as frequently as desired by the sign's owner, provided that the sign is not prohibited, and the sign continues to comply with all requirements of this division.

(d)

The village may regulate the size, shape and location of temporary signs as content-neutral and reasonable "time, place and manner" restrictions on speech (pursuant to case law on First Amendment regulation of speech).

(e)

Severability.

(1)

Generally. If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of this division is declared unconstitutional by the final and valid judgment or decree of any court of competent jurisdiction, this declaration of unconstitutionality or invalidity shall not affect any other part, section, subsection, graph, paragraph, subparagraph, sentence, phrase, clause, term or word of this division. Should any section, paragraph, sentence, clause, phrase, or other part of this division or the adopting ordinance be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of this division or the adopting ordinance as a whole or any portion or part thereof, other than the part so declared to be invalid.

(2)

Severability where less speech results. This subsection shall not be interpreted to diminish or limit the effect of this subsection or any other applicable severability provision in the code of ordinances or any adopting ordinance. The village council specifically intends that severability shall be applied to these regulations even if the result would be to allow less speech in the village, whether by subjecting currently exempt signs to permitting or by some other means.

(3)

Severability of provisions pertaining to prohibited signs. This subsection shall not be interpreted to diminish or limit the effect of this subsection or any other applicable severability provision in the code of ordinances or any adopting ordinance. The village council specifically intends that severability shall be applied to the section entitled "prohibited signs" so that each of the prohibited sign types listed in that section shall continue to be prohibited irrespective of whether another sign prohibition is declared unconstitutional or invalid.

(4)

Severability of prohibition on off-premises signs. This subsection shall not be interpreted to diminish or limit the effect of this subsection or any other applicable severability provision in the code of ordinances or any adopting ordinance. If any or all of this division or any other provision of the Village's Code is declared unconstitutional or invalid by the final and valid judgment of any court of competent jurisdiction, the village council specifically intends that the declaration of unconstitutionality shall not affect the prohibition of off-premises signs, as provided under this division.

(Ord. No. 2025-01, § 3(Exh. A), 1-27-2025)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Where there is a question as to the correct classification or designation of a sign, it shall be the prerogative of the planning and zoning director to place the sign in the strictest category and/or classification.

Abandoned sign shall mean a sign that:

(1)

For a period of six months or more, no longer currently directs or informs any person or advertises a bona fide occupant, product or activity conducted, or project on the premises; or

(2)

For a period of six months or more, identifies a time, event or purpose that has passed or no longer applies; or

(3)

For a period of six months or more, contains letters that are missing to the extent the intended message is rendered indecipherable; or

(4)

For a period of six months or more, is not maintained pursuant to the applicable sign maintenance requirements of section 30-90.6; or

(5)

Any freestanding structure installed expressly for the purpose of affixing a sign, which bears no sign or copy for a period of six consecutive months.

Advertise or advertising shall mean any form of public announcement intended to aid directly or indirectly, in the sale, use, or promotion of a commercial product, commodity, service, activity, or entertainment.

A-frame sign shall mean a removable temporary sign usually constructed to form an "A".

Animated sign shall mean any sign or part of a sign, including the advertising message, which changes physical position, flashes, flickers or changes light intensity or color, or that gives the visual impression of movement by any means.

Attraction board shall mean a sign or portion of a sign on which copy is changed periodically, advertising special sales and bargains.

Attached sign shall mean a sign which is attached to or supported by a building, wall or other structure. The definition of attached sign shall not include a sign painted directly on the wall face of a building or structure.

Automated changeable sign shall mean any sign, which through a mechanical, electrical, solar, or other power source is capable of delivering messages, which rotate or appear to rotate, change or move at any time and in any way, including tri-vision or any multi-prism sign faces. It shall also mean any electrical or electronically controlled sign where different messages or copy changes are shown, and shall include any sign or portion thereof, where any light source, including but not limited to incandescent bulbs or light-emitting diodes (LEDs), constitutes the sign text or image. This type of sign includes but is not limited to electronic message boards; television screens; plasma screens; digital screens; flat screens; LED screens; video boards; other types of electric and electronic display boards and screens; and holographic displays.

Awning, canopy, or umbrella sign shall mean any sign painted, stamped, perforated, or stitched on the surface area of an awning, canopy, or umbrella. These signs should be mounted in locations that respect the design of the building and not obscure ornamental features.

Balloon sign shall mean any sign of fabric or similar material inflated by cold air to a point of semi rigidity for the purpose of floating above the ground.

Banner sign shall mean a temporary sign made of cloth, fabric, paper, non-rigid plastic, or similar type of material associated with a tenant space, that may be mounted on a pole or attached to a façade or fence where authorized by this division.

Billboard shall mean a type of permanent freestanding sign, where the bottom of the sign is at least 20 feet above the ground and which is at least 200 square feet in area.

Building sign shall mean a type of permanent sign displayed upon or attached to any part of the exterior of a building, including walls, windows, doors, parapets, or marquees, which identifies the address of the building.

Bunting shall mean any kind of pennant, streamer or other similar fabric decoration.

Cabinet sign shall mean a sign that is mounted on a wall or structure and contains all the text and/or logo symbols within a single enclosed cabinet and may, or may not be illuminated. A cabinet sign may also be referred to as a "can" sign.

Can sign shall mean cabinet sign.

Canopy shall mean a roof-like structure, generally self-supporting, that may be freestanding or attached to a principal structure, providing shade and weather protection, typically utilized in locations such as over drive-thru lanes, walkways, entrances, and gasoline pumps.

Cantilever shall mean that portion of a building, projecting horizontally, whether it is on the same plane as the roof line or not.

Cantilever sign shall mean any sign mounted on a cantilever and shall not extend beyond the cantilever.

Changeable copy sign (manual) shall mean any sign displaying a message which can be changed by hand through the use of removable characters.

Commercial advertising sign shall mean any sign which is used for any purpose other than that of advertising to the public the legal or exact firm name of business carried on the premises, or for advertising any service or product(s) actually and actively being offered for sale on the premises, or which is designed and displayed solely to offer for sale or rent the premises or to advertise construction being done, or proposed to be done, on the premises, or advertising special events.

Commercial event sign shall mean a temporary banner sign announcing any commercial special event such as, but not limited to, the first opening of a business not previously conducted in the village by the same person or at the particular location, or the first sale of dwellings in a residential project.

Copy shall mean any written or graphic material placed, displayed, depicted, or otherwise indicated on a sign.

Copycat sign shall mean signs that resemble any official sign or markers and that because of design, location, position, shape, or color may be reasonably confused with or construed as traffic-control devices or regulatory signs.

Detached sign shall mean any sign not attached to or painted on a building, but which is affixed and permanently attached to the ground, and which is not a monument sign as defined herein. Permanently attached as used herein shall mean that the supporting structure of the sign is attached to the ground by a concrete foundation or other support anchored in the ground.

Development identification sign shall mean any sign allowed to be installed only around the perimeter of a development to identify it.

Directional sign shall mean a sign which guides or directs the public and contains no advertising. The name of the facility which the sign is giving direction to may be included when in compliance with specified conditions of this division.

Double-faced sign shall mean a sign with two faces that are typically parallel.

Double-faced freestanding sign shall mean a sign with two faces that are typically parallel. Double-face freestanding signs shall have a maximum distance of three feet between the sides and an internal angle not to exceed 15 degrees.

Emitting sign shall mean signs that emit audible sound, odor, or visible matter such as smoke or steam.

Eave line shall mean the lowest line of the eaves on a pitched roof building.

Entrance feature shall mean any combination of decorative structures and landscape elements located at the entrance to a development, which identifies or draws attention to the development and/or exercises control of ingress and egress to the development. An entrance feature may include any of the following: ornamental walls, fences, identifying lettering, logos, works of art, and other decorative structures, earthworks, water bodies, fountains, trees, plantings, and other landscape elements, as well as gatehouses, either singularly or in any combination thereof.

Façade area shall mean the area of a building coinciding with the outer edges of the walls to the top of the parapet or ridge line that is owned by or under lease to a single occupant.

Flag shall mean a piece of fabric with a color or pattern representing a government or institutional entity, or other organization or idea.

Flat sign shall mean any sign attached to and erected parallel to the face of, or erected or painted on the outside wall of any building and supported throughout its length by the wall or building.

Freestanding sign shall mean any sign which is incorporated into or supported by structures or supports in or upon the ground, independent of support from any building. Freestanding signs include pole, pylon, ground, monument or A-frame types.

Frontage, street shall mean the portion of a building abutting or facing a public right-of-way.

Grade shall mean the average finished ground level of a parcel on which a sign is located.

Human/animal sign shall refer to a person or animal used to draw attention to a business or commercial event by holding, wearing or drawing attention to a sign outdoors.

Illegal sign shall mean a prohibited sign or a sign installed without a permit, if one is required.

Illuminated sign shall mean a sign that is internally or externally illuminated by artificial means.

Inflatable sign shall mean a sign made of a flexible material that can be expanded by air or other gas to form a three-dimensional shape. Inflatable sign shall also mean any sign of fabric or similar material inflated by cold air to a point of semi rigidity for the purpose of floating above the ground.

Item of information shall mean a word, an initial, a logo, an abbreviation, a number, a symbol, or a graphic shape.

Marquee shall mean a covered structure projecting from and supported by the building with independent roof and drainage provisions, and which is erected over a doorway or entranceway as protection against the weather.

Marquee sign shall mean any sign attached to or hung from a marquee.

Master sign plan shall mean drawings and plans that illustrate the sign program for the overall development, including size, location, type, architectural design, dimensions, and other design standards including materials, color, and sign illumination.

Menu board sign shall mean a movable stand containing a menu in conjunction with a restaurant. It shall also mean a menu board mounted permanently on a building wall.

Mobile sign shall mean signs mounted on top or on the rear of a vehicle or bicycle, or signs attached to or located on a trailer or other equipment towed by a vehicle or bicycle. Signs of a portable or mobile nature attached after-market, including signs mounted on top of or on the rear of a vehicle, and signs attached to or located on a trailer or other equipment towed by a vehicle. A mobile sign shall not be construed to include any sign mounted on a vehicle or trailer by the original manufacturer.

Monument sign shall mean a freestanding, permanent sign with a solid base, that is built into the ground that could not be construed to be a pole sign.

Multi-family office sign shall mean a sign identifying the location of the management office of a multi-family residential property.

Multi-tenant center sign shall mean any shopping center, office center, or business center in which two or more occupancies abut each other or share common parking facilities or driveways or are otherwise related.

Mural shall mean any mosaic, painting, or graphic art technique applied, implanted, or placed directly onto a building, exterior wall, or site that contains no copy, advertising symbols, or trademarks.

Noncommercial sign shall mean a sign containing only noncommercial copy. "Noncommercial" shall mean not-for-profit or commercial gain. Regardless of the content of the copy a noncommercial sign shall not be construed to be an off-premises sign.

Nonconforming sign shall mean a sign or sign structure that by its design, height, type, sign area, location, use, structural support, or otherwise, does not conform to the requirements of this division after adoption.

Nonresidential district shall mean all zoning districts that are not residential districts.

Obstructing sign shall mean s sign that obstructs the vision of pedestrians, cyclists, or motorists traveling on or entering public streets.

Off-premises sign shall mean a sign that directs attention to a commercial business, commodity, service, product, or activity not conducted, sold, offered, or available on the premises where such sign is located, the copy of which may be intended to be changed periodically. This definition includes a sign displayed on a trailer or the bed of a truck that advertises something other than the identity of the truck, the driver, or its contents.

On-premises sign shall mean sign that is located on the premises of the occupant, business or property identified on the sign. The occupant business or property is the principal use of the property, and the sign is an accessory use of the property on which it is located.

Parapet shall mean false front or wall extending above the roofline.

Parapet line shall mean the line of a parapet on the facade of a flat roofed building with a parapet, and the line of the roof on the facade of a flat roofed building without a parapet.

Permanent sign shall mean any sign which is designed and installed for more than short-term use, including freestanding and building signs.

Point of sale sign shall mean any sign advertising or designating the use, occupant of the premises, or merchandise and product(s) sold on the premises and shall be located on the same premises where such is situated, or the products sold.

Pole sign shall mean a sign erected upon a pole, poles, post, or "pole-like" structure that is visible and wholly independent of any building or structure for support. A pole sign is not a monument sign.

Portable sign shall mean any sign not attached to or painted on a building and not affixed or permanently attached to the ground.

Projecting sign shall mean any sign which is an independent structure attached to the building wall and which extends at any angle from the face of the wall. No sign may project more than one foot from a building wall.

Pylon sign shall mean a freestanding sign that is usually supported by either one or two poles. Pylon signs can be one- or two-sided.

Real estate for sale sign shall mean a sign erected by the owner or agent advertising the real property upon which the sign is located for sale.

Real estate leasing sign shall mean a sign erected by the owner or agent advertising the premises or real property upon which the sign is located for rent or lease.

Residential district shall mean a single family, duplex, multifamily, or townhouse zoning district.

Roof line shall mean a horizontal line intersecting the highest point(s) of a roof.

Roof sign shall mean a sign which is attached to, painted on, fastened to, or supported by the roof or erected over the roof.

Semaphore shall mean any sign consisting of two dual-face signs extending horizontally from a light standard. No advertising is permitted on the sign.

Shopping center shall mean a property used for business or commercial purposes with four or more tenants.

Sign shall mean any display of characters, letters, logos, numbers, identification, description, illustration, ornamentation, or device illuminated or nonilluminated, which is visible from any outdoor area and which directs attention to a product, service, place, activity, person, institution, or business. A sign includes any permanently installed or situated merchandise; or any emblem, painting, banner, pennant, placard, designed to advertise, announce, identify, indicate direction, or convey information. Exempted from the definition of a sign are customary window displays, official public notices required by federal, state or local regulations, newspapers, leaflets and books intended for individual distribution to members of the public, attire that is being worn, badges, and similar personal gear. The term shall also exclude architectural features, or part thereof, not intended to communicate information. Use of merchandise, products, vehicles, equipment, inflated balloons, or the like as an attention attractor or advertising device, with or without a printed or written message or advertisement, shall be considered a sign.

Sign area shall mean the area within the smallest regular geometric shape which contains the entire sign copy, but not including any supporting framework, braces, or supports. Refer to section 30-90.13.

Sign copy shall mean the linguistic or graphic content, including trim and borders, of a sign.

Sign face shall mean the part of a sign that is or may be used to display sign copy.

Sign height shall mean the vertical distance from the finished grade at the base of the supporting structure to the top of the sign, or its frame or supporting structure, whichever is higher.

Sign structure shall mean any construction used or designed to support a sign.

Snipe sign shall mean a sign that is tacked, nailed, posted, pasted, glued, or otherwise attached to trees, poles, stakes, fences, or other objects.

Special event shall mean a dedication, groundbreaking event, holiday event, celebration, anniversary, event associated with a business, going out of business and/or grand opening announcement, relocation of business, or announcement relating to sporting events, festivals, carnivals, or any public, charitable, educational or religious events or functions.

Storefront shall mean the façade of a store or tenant space, typically on the ground floor or street level.

Temporary sign shall mean any sign which is not permanently affixed or installed or is displayed for a limited period. A permanent sign with periodic changes to the message shall not be considered a temporary sign.

Unauthorized sign shall mean any sign erected on or attached to public or private property, real or personal, without the express permission of the owner of such property.

Vehicle sign shall mean any sign affixed to a vehicle.

Wall shall mean for sign purposes, that portion of the building's exterior, horizontal surface on the same plane, regardless of vertical or horizontal indentations, and including the surface of parapets. A plane is defined, for purposes of this division, as a continuous architectural façade which may include projections and/or recesses.

Wall sign shall mean any sign painted on or attached to and erected parallel to the face of, or erected and confined within the limits of the outside wall of any building and supported by such wall or building and which displays only one advertising surface.

Wind sign shall mean any device, including but not limited to, one or more banners, flags, pennants, ribbons, spinners, streamers, captive balloons, or other objects or materials fastened in such a manner as to move upon being subjected to wind pressure.

Window area shall mean the entire glass area of a window or door used for calculation of maximum sign area, including any mullions or transoms within a window or door, but excluding the supporting structures of such window or door.

Window sign shall mean a sign located on the inside of a window or within a building or other enclosed structure, where the sign face is visible and legible from the exterior through a window or other opening.

Yard or garage sale sign shall mean a sign advertising yard or garage sales.

(Ord. No. 2025-01, § 3(Exh. A), 1-27-2025)

(a)

All signs allowed by this division, including their supports, braces, guys and anchors, electrical parts and lighting fixtures, and all painted and display areas, shall be maintained in accordance with building and electrical codes.

(b)

Signs and sign structures shall be properly maintained in a safe, legible, and good condition.

(c)

The vegetation and landscaping around, in front of, behind, and underneath the base of freestanding signs shall be maintained to prevent obstruction of the signs.

(d)

Where the rear of any sign is visible from a street, waterway, park, residence or business, the exposed structural members shall be either concealed or painted latticework, slats, painted or decorated and maintained.

(Ord. No. 2025-01, § 3(Exh. A), 1-27-2025)

Only those signs that are specially authorized by this division shall be permitted. Those that are prohibited within this division, those not listed or authorized shall be deemed prohibited.

(Ord. No. 2025-01, § 3(Exh. A), 1-27-2025)

(a)

No sign, unless exempted by this division, shall be constructed, posted, painted, erected, installed, operated, used, maintained, enlarged, illuminated, relocated, or altered without first obtaining a permit. Before any permit is issued, an application on a form provided by the village for a permit shall be filed together with two sets of drawings and/or specifications to describe the location; method of construction; type of materials; manner of illumination; method of erection, securing or fastening; number and type of signs; and, advertisement content.

(b)

The application for a permit shall describe the size, shape, and nature of the proposed advertisement, advertising sign or advertising structure, and its actual or proposed locations with sufficient accuracy to ensure its proper identification.

(c)

A separate permit application is required for each building elevation. All sign-face changes shall require a separate permit. Electrically illuminated signs shall require a separate electrical permit.

(d)

No sign shall be placed on any property unless the applicant has the written consent of the owner and the lessee, if any, or the authorized agents of the property.

(e)

For multiple occupancy complexes, individual occupants may apply for a sign permit, but they shall be issued in the name of the lot owner or agent, rather than in the name of the individual occupants. The lot owner, and not the village, shall be responsible for allocating allowable sign area to individual occupants.

(f)

No sign shall be erected or used to advertise any use or matter which would conflict with the regulations for the applicable zoning district in which it is located or be in conflict with the use permitted under the certificate of use, or certificate of occupancy for the property.

(g)

No sign, where a permit is necessary, shall be exhibited unless the required permit fees are paid.

(h)

Each sign requiring a permit shall carry the permit number and the name of the person or firm placing the sign on the premises. The markings shall be permanently attached and clearly visible from the ground.

(i)

The owner and/or tenant of the premises, and the owner and/or erector of the sign shall be held responsible for any violation of this division; provided, however, that when the sign has been erected in accordance with the provisions of this division, the sign company shall be relieved of further responsibility after final inspection of the sign.

(j)

All signs shall be erected on or before 90 days from the date of issuance of the permit. Upon written application for an extension prior to the expiration of the initial permit, the village may provide up to an additional 90-day extension upon a showing of good cause. Failure to erect the sign or obtain an extension prior to expiration of the permit shall result in the permit being null and void.

(k)

For traffic signs, street name signs, directional signs erected by governmental authorities within public rights-of-way, a detailed specification plan shall be submitted for review and approval by the village.

(l)

For commercial signs that include the name of a municipality or a geographic location as a part of the business name on the sign, "Palmetto Bay" is the preferred name to include to prevent any confusion or mislead visitors seeking to locate the business.

(Ord. No. 2025-01, § 3(Exh. A), 1-27-2025)

(a)

No sign shall be approved for use nor erected unless it complies with all requirements of this division, applicable technical codes and available for inspection.

(b)

Appropriate village employees in the performance of their functions and duties and under the provisions of this division may enter into and upon any land upon which advertising signs or advertisements are displayed and make examinations and surveys as may be relevant, subject to constitutional limitations and state law.

(Ord. No. 2025-01, § 3(Exh. A), 1-27-2025)

(a)

Within all zoning districts, the following signs, whether temporary or permanent, when not electrically illuminated shall be permitted and exempt from the requirement to obtain a sign permit.

(1)

Emergency signs erected by governmental authorities within public rights-of-way.

(2)

Legal notices, identification, or informational signs erected by or on behalf of governmental bodies.

(3)

Signs as required by law to display building permits or other similar required public notices.

(4)

Construction signs not exceeding six square feet.

(5)

No trespassing and private property signs not exceeding two square feet in area.

(6)

Vacancy/no vacancy signs not exceeding two square feet in area.

(7)

Address and street number signs not exceeding two square feet.

(8)

Personal expression signs limited to two per lot or parcel for single-family uses, or in the case of duplex, townhouse or multi-family uses, one per dwelling unit, expressing personal views or opinions not exceeding 620 square inches in area, providing such signs are otherwise in compliance with applicable local, state and federal laws and displayed for a period of not more than 90 days in any year.

(9)

Signs placed within interior courtyards, the inside fence line of recreational fields, provided these signs are visible only to those persons visiting the site.

(10)

Disabled, handicapped or child, baby stroller, EV, or hybrid parking signs, nonstructural in nature.

(11)

Warning signs, including: "danger," "no parking," "bad dog," not exceeding two square feet.

(12)

Temporary on premises sign regulations for business, real estate, construction, and election/free speech signs.

a.

Purpose and intent. Temporary on premises signs are being regulated equally, ensuring the same setback, height, and other regulations for temporary signs. The terms "temporary business, real estate, construction, future construction and election/free speech signs" are by way of example and are not meant to be utilized to improperly distinguish content.

b.

Setback, height regulations for temporary business, real estate, construction, and election/free speech signs. Unless affixed to a fence or an existing building, detached signs shall be setback five feet from any property line. The maximum height to the top of a detached sign affixed to posts or a fence shall be five feet above grade in residential districts and 12 feet above grade in all other districts. The maximum height to the top of a flat sign affixed to a building shall not extend above the first floor in residential districts and shall not extend above the second story of such building in all other districts.

c.

Timeframe, removal. Temporary signs shall only be allowed for a period beginning with the temporary activity which is the subject of the sign and must be removed within seven days from the date the temporary activity ceases. Temporary business signs may be erected and maintained for a period not to exceed 30 days and be limited to four times per year, except that the community and economic development director may approve an extension of time for the business to erect and maintain such signs beyond the 30 days, after the director finds that such extension is necessary to mitigate the impacts of public construction on visibility of, or access to, the business. Such extension beyond 30 days shall terminate concurrent with the termination of the public construction.

d.

Number. There shall be a maximum of one temporary sign per street frontage, with the exception of election/free speech signs, as per subsection (15).

e.

Copy. Artistic murals or ornamental signs are permitted on construction fences surrounding a construction site, subject to the provisions contained herein and design review approval.

f.

Type. Signs may be flat wall signs, part of a fence, or rigid detached signs, affixed to posts or a construction fence. The sign area for window signs shall not exceed 25 percent of total window area.

g.

Size, single-family or two-family. The sign area for single-family signs shall not exceed four square feet.

h.

Size, townhouse or multifamily. The sign area for a townhouse or multifamily zoning district shall not exceed 16 square feet.

i.

Size, all other districts. The sign area for all other districts shall not exceed 40 square feet.

(13)

Temporary off-premises real estate signs, otherwise known as "open house" signs shall be permitted to advertise residential property for sale, rent or lease on premises other than the property for sale, rent or lease in all districts, provided the size of the sign is no greater than four square feet measured from grade to top of sign, with one "open house" sign allowed on the premises being advertised, and no more than three off-site to be located five feet from edge of roadway pavement or back of curb, which signs may not be illuminated. The "open house" signs are permitted only within the hours of 11:00 a.m. to 6:00 p.m. The attachment of balloons, streamers, flags, or other attention attracting devices is prohibited and shall be a violation of this division.

(14)

Yard or garage sale signs. Up to four signs providing directions to a garage sale are permitted to be placed off-site from the location of the garage sale; two of the signs advertising a garage sale are permitted to be displayed on private property where the garage sale is being held. The signs advertising a garage sale shall not be displayed until the first day of the sale and shall be removed at the end of the last day of the sale. Signs shall not be larger than 22 inches by 28 inches. The garage sale signs shall include the property address of the garage sale and the garage sale permit number. Charitable, civic, educational, or religious organizations shall additionally be allowed to display one banner not to exceed three feet by ten feet in size at the site of the sale, provided the sale occurs at the location of the organization. No off-site banners are allowed.

(15)

Temporary political campaign signs announcing the candidacy of a candidate for public office not exceeding 620 square inches in size in all zoning districts. Setback and location shall be at least five feet from the official right-of-way and five feet from property under different ownership. Only one political campaign sign, per candidate, per street face is permitted. Political signs may be installed 90 days prior to the election.

Temporary political campaign signs shall be removed within seven days after the last election or within seven days of withdrawal of a candidate from running for elected office. If such signs are not removed within this period of time, the village may remove such signs and may charge the candidate the actual cost for such removal. Failure to remove signs is a violation of this division and is enforceable pursuant to the village's code enforcement ordinance.

(16)

Religious symbols.

(17)

Holiday and seasonal decorations shall not be construed as signs, providing that these contain no commercial advertising message, and further provided that such decoration is not up more than 90 days for a single holiday.

(18)

Flags and insignia, except as provided in this Code.

(19)

Signs within a building or structure not visible from the exterior of the building or structure, provided they are not hazardous nor require electrical permits.

(20)

Temporary window signs placed from within the interior of a building or structure, provided coverage does not exceed 25 percent of the total window coverage.

(b)

Within all nonresidential districts, the following signs, whether temporary or permanent, when not electrically illuminated shall be permitted and exempt from the requirement to obtain a sign permit.

(1)

Decals, limited to those as required by law, which are affixed to or painted upon store windows, store equipment, fuel pumps or other types of vending equipment used for dispensing retail products.

(2)

Lettering only, for the purpose of providing ownership, licensing, and emergency contact information, when placed upon doors and windows of lawfully licensed businesses, with letters not exceeding three inches in height and limited to a maximum area of two square feet.

(3)

Building signs, historical markers, memorial signs, tablets or plaques, or the name of a building and the date of erection, when cut into any masonry surface or when constructed of bronze or other permanent material.

(4)

Professional nameplates for physicians, surgeons, dentists, lawyers, architects, teachers, and other professional persons placed on the premises occupied by the person(s), not exceeding two square foot in sign face area, provided the professional has a valid occupational license.

(5)

Signs denoting the name and profession of an occupant of a building, placed flat against the exterior surface of the building, and not exceeding two square feet in sign face area, and provided the occupant has a valid occupational license.

(6)

Restaurant menu boards, in accordance with subsection 30-90.22(a) of this division.

(Ord. No. 2025-01, § 3(Exh. A), 1-27-2025)

Signs in all zoning districts must be constructed pursuant to valid building and sign permits, when required under this division or the building code, and authorized or mandated by this division. This shall not be interpreted to require the removal of a billboard or other off premises sign pursuant to F.S. § 70.20. Penalties for violations of this subsection shall be pursuant to section 30-90.27.

(1)

Signs that violate the building code or electrical code.

(2)

Any sign that presents safety, traffic or pedestrian hazard including signs which obstruct visibility.

(3)

Blank signs.

(4)

Animated signs.

(5)

Signs with visible moving, revolving, or rotating parts or visible mechanical movement of any description or other apparent visible movement achieved by electrical, electronic, or mechanical means, except for governmental traffic devices and signs and automated changeable signs in business (B) districts.

(6)

Signs with the optical illusion of movement by means of a design that presents a pattern capable of giving the illusion of motion or changing of copy.

(7)

Signs with lights or illuminations that flash, move, rotate, scintillate, blink, flicker, or vary in intensity or color, to include animated signs and automatic changeable message devices.

(8)

Strings of light bulbs used on commercially developed parcels for commercial purposes, other than traditional holiday decorations.

(9)

Wind, balloon or inflatable signs.

(10)

Signs that incorporate projected images, emit any sound that is intended to attract attention, or involve the use of live animals and/or humans.

(11)

Signs that emit audible sound, odor, or visible matter such as smoke or steam.

(12)

Signs or sign structures that interfere with free use of any fire escape, emergency exit, or standpipe, or that obstruct any window to such an extent that light or ventilation is reduced to a point below that required by any provision of this Code.

(13)

Nongovernmental signs that resemble any official sign or marker erected by any governmental agency, or that by reason of position, shape or color, would conflict with the proper functioning of any traffic sign or signal, or be of a size, location, movement, content, color, or illumination that may be reasonably confused with or construed as, or conceal, a traffic-control device.

(14)

Nongovernmental signs that use the words "stop," "look," "danger," or any similar word, phrase, or symbol, or which is a copy or imitation of an official sign that may be reasonably confused with or construed as or conceal a traffic device.

(15)

Off-premises signs, vehicles carrying portable billboards or advertisements or off-premises signs. and/or signs painted or affixed in any manner to any vehicle, trailer, or pickup truck, van, or similar transportable device and which is used to advertise a place of business or activity as viewed from a public road. This shall not be interpreted to prohibit identification of commercial vehicles provided such vehicles are operational, move, and are used daily for delivery or service purposes and are not used, or intended for use, as portable signs. This sign shall also not be interpreted to apply to buses, taxicabs, and similar common carrier vehicles which are licensed or certified by Miami-Dade County or other governmental agencies. Prima facie evidence of a vehicle sign being used as a prohibited portable sign shall be: (1) when the vehicle is parked and visible from a distance of 100 feet of the street right-of-way for more than 60 consecutive minutes (not in the midst of commercial service or delivery enterprise); and/or (2) is not regularly used in the conduct of the business advertised on the vehicle.

(16)

Signs that obstruct the vision of pedestrians, cyclists, or motorists traveling on or entering public streets thereby creating a safety hazard for the public.

(17)

Signs, within ten feet of public right-of-way or 100 feet of traffic-control lights, that contain red or green lights that might be confused with traffic control lights, thereby creating a safety hazard for the public.

(18)

Signs that are of such intensity or brilliance as to cause glare or impair the vision of any motorist, cyclist, or pedestrian using or entering a public way, or that are a hazard or a nuisance to occupants of any property because of glare or other characteristics.

(19)

Signs that contain any lighting or control mechanism that causes unreasonable interference with radio, television, or other communication signals.

(20)

Searchlights used to advertise or promote a business or to attract customers to a property.

(21)

Signs that are painted, pasted, or printed on any curbstone, flagstone, pavement, or any portion of any sidewalk or street, and traffic control signs.

(22)

Signs placed upon benches, bus shelters or waste receptacles, except as may be authorized in writing pursuant to F.S. § 337.407.

(23)

Signs erected over or across any public street except as may otherwise be expressly authorized by this Code.

(24)

Vehicles carrying advertising signs for any reason, including dealing with the candidacy of individuals for elected office are prohibited as a visual nuisance. Political campaign signs shall not be used as advertising on vehicles viewable from the public rights-of-way.

(25)

Portable signs, including those that are tied down with metal straps, chaining, or otherwise temporarily anchored to an existing structure or building.

(26)

Roof signs.

(27)

Signs placed, posted, or erected upon land adjacent to adjoining public streets and highways, without the written consent of the owner.

(28)

Signs placed upon any tree, utility pole, lamp post, hydrant, or fence.

(29)

Signs on any public building or property without a properly issued permit.

(30)

Billboards.

(31)

Signs with obscene, lewd, or lascivious language or graphic representation of the human body.

(32)

Snipe signs.

(33)

Political campaign signs shall be prohibited on village property, other public property or on public rights-of-way. Illegally placed political campaign signs shall be removed by the village's code compliance officer(s) without notice to the candidate or abutting property owner or occupant.

(34)

Vehicles carrying advertising signs, advertising propositions to be submitted and voted upon by the people.

(35)

Wall signs in residential districts.

(36)

Signs attached to fences in all districts.

(37)

Advertisement(s) placed or affixed onto any face of a building or structure.

(38)

Freestanding signs projecting over a public right-of-way.

(39)

Pole and pylon signs.

(40)

Cabinet signs.

(41)

Obsolete or abandoned signs.

(42)

Human or animal signs.

(43)

Wind signs, except for new business which are allowed up to 30 days.

(Ord. No. 2025-01, § 3(Exh. A), 1-27-2025)

Mobile signs or off-premises signs that are parked on public or private property shall be prohibited. This prohibition, however, does not apply to:

(1)

Identification of a firm or its principal products on a vehicle operating during the normal hours of business or parked at the owner's residence; provided, however, that no such vehicle shall be parked on public or private property with signs attached or placed on a vehicle for the purpose of advertising a business or firm or calling attention at the location of a business or firm.

(2)

Vehicles which require governmental identification, markings, or insignias of a local, state or federal government agency.

(Ord. No. 2025-01, § 3(Exh. A), 1-27-2025)

(a)

For freestanding signs, the sign area shall be the area within the smallest geometric shape that touches the outer points or edges of the sign face.

(b)

For building, wall, or window signs, the sign area shall be the area within the smallest geometric shape that touches the outer points of raised portions of the sign or of all borders or trims, or in the absence of such border or trim, the outer points of the letters or pictures.

(c)

For freestanding signs, where two or more sign faces are placed on a single sign structure, and the faces are at no point more than four feet apart, the sign area shall be the area of one of the faces.

(d)

For freestanding signs, where four sign faces are arranged in a square, rectangle, or diamond, the sign area shall be the area of the two largest faces.

(e)

Where a freestanding or building sign is in the form of a three-dimensional object, the sign area shall be the area within the smallest geometric shape that touches the outer points or edges of the largest possible two-dimensional outline of the three-dimensional object and multiplying that area by two.

(f)

In calculating the number of signs, a single sign shall be permitted to contain content on each side thereof, and shall be counted as one sign.

(g)

In calculating the sign size, the area of a sign shall include borders and framing. Heights shall be measured to the top extremity of the sign and distances to the farthest point. The square footage in a circular rotating, or revolving sign shall be determined by multiplying one-half of the circumference by the height of the rotating sign, except in the case of the flat rotating sign, the area will be determined by the square footage of one side of the sign. The director shall have the discretion of determining the area of any sign which is irregular in shape and in such cases will be guided by calculations as made by a licensed, registered engineer when same are shown on the drawing.

(h)

A ground floor establishment shall be permitted a maximum of two window signs. The maximum area of the window sign shall be 25 percent of the total window area.

(i)

Permitted temporary signs shall not be counted as part of allowable area for freestanding, monument, or buildings signs.

(Ord. No. 2025-01, § 3(Exh. A), 1-27-2025)

(a)

Illumination for wall signs shall be channel letter or reverse channel letter.

(b)

Sign lighting may not be designed or located to cause confusion with traffic control lights.

(c)

Illumination of the sign is permissible, provided that none of the light emitted shines directly onto an adjoining property or into the eyes of motorists or pedestrians using or entering public streets.

(d)

Illuminated signs shall not have lighting mechanisms that project more than 18 inches perpendicularly from any surface of the sign over public space.

(e)

The illumination of permanent signs shall be designed, constructed, and maintained in conformity with applicable provisions of the Florida Building Code.

(f)

Electrical transformer boxes, raceways, conduit and junction boxes shall be concealed from public view. Any exposed metal surfaces of the raceway should be finished to match the background wall or integrated into the overall design of the sign.

(Ord. No. 2025-01, § 3(Exh. A), 1-27-2025)

(a)

In right-of-way. No sign or sign structure shall be placed in or upon a public right-of-way or public easement including utility poles, except under the terms of a lease between the owner of the easement or right-of-way and the owner of the sign or with the written approval of the Village of Palmetto Bay or as otherwise permitted in this section.

(b)

Location. All signs and sign structures shall be located completely on the site where the principal building is located, except as provided for in (a) above.

(c)

Setbacks. Freestanding signs that are permanent signs may be placed in required setbacks, provided that no sign shall be permitted within ten feet of any adjacent property line, within setbacks adjacent to residential lots, or within required corner sight distance triangles.

(d)

Blocking exits and/or fire escapes and exits. No sign or sign structure shall be erected that impedes use of any fire escape, emergency exit, or standpipe.

(e)

Blocking ventilation. No sign shall be attached in any way that will interfere with any ventilation opening.

(f)

Near certain properties. No sign or sign structure shall be within 15 feet of the outside boundary of any public highway.

(g)

Blocking visibility. No sign or sign structure shall be erected that blocks pedestrian and vehicular visibility on private property or public R.O.W as shown in the illustrations below.

(1)

The safe sight distance triangle must not contain obstructions to cross-visibility at a height of two and one-half feet or more above ground/grade. Obstructions include, but are not limited to, fences and landscape plants and materials.

(2)

Low-hanging limbs and tree canopy of trees located within the sigh triangles must be to a minimum height of six feet above ground/grade level.

(Ord. No. 2025-01, § 3(Exh. A), 1-27-2025)

(a)

Over pedestrian ways. All signs over pedestrian ways shall provide a minimum of eight feet of clearance.

(b)

Over vehicular ways. All signs over vehicular ways shall provide a minimum of 16 feet of clearance.

(Ord. No. 2025-01, § 3(Exh. A), 1-27-2025)

(a)

Real estate, subdivision, entrance feature, construction, and future construction signs that exceed the sizes established in section 30-90.10 require a permit.

(b)

Permanent point of sale signs for single family, two-family, townhouse, and multi-family residential zoning districts, including religious facilities, schools, and universities.

(1)

Lettering or numbering: Minimum of three inches in height and placed in a location visible to public right-of-way.

(2)

A nonconforming use in a residential district: flat sign only of the same size as if the use was in a zoning district permitting the use concerned.

(3)

Religious facilities, schools, and universities: One freestanding, detached, or monument sign per frontage not to exceed 40 square feet, and/or affixed to a perimeter masonry wall.

(4)

Illuminated signs shall be backlit with LED fixtures.

(c)

Permanent point of sale signs for the office uses.

(d)

Permanent point of sale signs for shopping centers. Type of signs permitted: detached, attraction board, flat, pylon, awning, canopy, umbrella, and semaphore. Service stations in a shopping center are permitted the same type and number of signs that are permitted a service station in a business districts and shall comply with all applicable regulations.

(1)

Detached sign setbacks and spacing: Setbacks for all street rights-of-way is ten feet for a sign not exceeding 40 square feet; thereafter 0.8125 feet of additional setback for each ten square feet of sign (calculated to the nearest half-foot). Interior side setback is a minimum of five feet for a sign not exceeding 40 square feet; thereafter the interior side setback shall be increased by ten percent of the calculated street frontage up to 100 lineal feet and by 20 percent off the calculated street frontage where it exceeds 100 lineal feet but does not exceed 200 lineal feet; then increases by 30 percent of the calculated street frontage above the 200 lineal feet. Minimum space between detached signs shall be 20 feet.

(e)

Permanent point of sale signs in the business zoning districts, except shopping centers. Shopping centers shall comply with (h) above. Automated changeable signs (ACS's) are permitted in business (B) zoning districts in accordance with the provisions of subsection 30-90.22(c).

(1)

For detached and monument signs, the following setbacks and spacing shall apply: Setbacks for all street rights-of-way is ten feet for a sign not exceeding 40 square feet; thereafter 0.8125 feet of additional setback for each ten square feet of sign (calculated to the nearest half-foot); maximum required setback need not be greater than 20 feet. Interior side setback is a minimum of five feet for a sign not exceeding 40 square feet; thereafter the interior side setback shall be increased by ten percent of the calculated street frontage up to 100 lineal feet and by 20 percent off the calculated street frontage where it exceeds 100 lineal feet but does not exceed 200 lineal feet; then increases by 30 percent of the calculated street frontage above the 200 lineal feet.

(2)

For detached and monument signs, the following special conditions shall apply: Type and number of point-of-sale signs permitted for a single individual business on a lot will be based on the following formula:

(f)

Directional signs on private property. Permitted only in connection with the specified uses. Directional signs, to direct traffic flow and locate entrances and exits, shall be permitted in all zoning districts in connection with any permitted use provided they do not exceed three square feet in area and do not exceed four feet in height above grade; and providing they are shown and approved on site plans which indicate sign size, location, and copy. Logos, names, and advertising are not permitted on directional signs.

(g)

Permanent point of sale signs for DMU district.

(1)

Neighborhood sector.

(2)

Main Street, Eureka, and Island Sectors. For multi-family, nonresidential, and mixed-use.

(h)

Permanent point of sale signs for VMU district. Signage shall be reviewed as part of an overall master plan.

(i)

Permanent point of sale signs in Old Cutler Neighborhood Commercial district. Signage shall comply with the standards in division 30-90 except as modified herein.

(1)

Uniform signage plan.

a.

Uniform signage plan. No building permit shall be issued for an individual sign requiring a permit unless and until a uniform signage plan for the lot on which the sign will be erected has been submitted as conforming with this section.

1.

Uniform signage plan requirements.

i.

An accurately scaled site plan of the subject property;

ii.

Location of buildings, parking lots, driveways, and landscaped areas;

iii.

Tabular summary with a computation of the maximum total sign area, the maximum area for individual signs, the height of signs, the number of signs permitted and setbacks if applicable;

iv.

The following details about the proposed signage must be indicated:

(A)

Color scheme;

(B)

Lettering or graphic style;

(C)

Lighting;

(D)

Location of each sign on the buildings;

(E)

Material type;

(F)

Sign proportions

(2)

Permanent signs.

a.

Wall signs. One wall sign for each building or store front on a lot. The maximum area of such sign shall be in accordance with the following table:

This sign shall not encompass more than 75 percent of the width of store front or building. On corner lots the owner may elect to have two wall signs provided that the total sign area of the two wall signs shall not exceed the total area permitted for one such sign.

1.

Walls sign standards:

i.

All wall signs constructed, erected, placed or modified shall consist only of individual, or channel letters, numbers, figures and other symbols.

ii.

Wall signs shall be located only on the wall face containing the main entrance to the building or establishment on which it is placed. In the case of corner properties, a second wall sign may be permitted.

iii.

Wall signs shall not extend above the eaves of a building with a pitched roof nor be situated so as to block doors or windows wholly or partially, conceal architectural details or obscure the composition of the facade where they are located.

iv.

Wall signs shall be architecturally compatible with the style, composition, materials, colors, and details of the building, as well as with other signs used on the building or its vicinity.

v.

Walls signs shall be mounted so that the method of installation is concealed. Signs applied to masonry surfaces should be mechanically fastened to mortar joints only and not directly into brick or stone. Drilling to provide electrical service should also follow the same rule.

vi.

Wall signs located on buildings within the same block-face shall be placed at the same height in order to create a unified sign band.

b.

Hanging signs. One hanging sign shall be permitted per tenant in a multi-tenant center.

1.

Hanging sign standards:

i.

Hanging signs for the purpose of this section are signs that suspend perpendicular to a building wall, down from and supported by or attached to the underside of a structure or to an extension of a structure.

ii.

Hanging signs must be securely fastened to an approved overhang with a maximum size of one foot by three feet providing eight feet clearance between the bottom of the sign and the walkway below.

iii.

Hanging signs shall not be electrified in any manner.

iv.

No part of a hanging sign shall extend beyond the edge of the overhang.

v.

The copy of a hanging sign must pertain to the premises.

vi.

Wood and painted metal are the preferred materials for hanging signs. Wood signs shall use only high-quality exterior grade wood with suitable grade finishes.

c.

Monument signs. Each lot having a street frontage of 100 feet or more shall be permitted one monument sign in accordance with the following table:

The dimensions of monument signs permitted within this district shall not exceed these dimensions.

1.

Monument sign standards:

i.

Minimum setbacks: a monument sign shall not be located (leading edge) less than seven feet from any public right-of-way line, five feet from any adjacent property line, or 25 feet from any public right-of-way intersection.

ii.

Landscaping: a monument sign shall be located in a landscaped area of a minimum of 100 square feet of additional landscaping in accordance with a landscape plan, in addition to the other applicable landscaping requirements, which shall be required as a condition of erecting and maintaining a monument sign.

iii.

Materials: a monument sign shall be constructed of the same or aesthetically comparable materials and products of which the principal building finish on the same property is constructed.

(3)

Murals shall be permitted in this district pursuant to the procedures in section 30-160.

a.

Murals easily accessible or clearly visible to the general public from adjacent public property such as a street or other public thoroughfare or sidewalk shall be subject to review pursuant to section 30-160.6.

b.

Murals for the purpose of this section are any mosaic, painting, or graphic art technique applied, implanted, or placed directly onto a building, exterior wall, or site that contains no copy, advertising symbols, or trademarks.

c.

Murals are not permitted on any façade directly abutting a residentially zoned property or directly across a public right-of-way from a residentially-zoned property. A primary façade is defined (for purposes of this section) as the building elevation that faces the adjacent street right-of-way and is the primary entrance.

d.

Design standards:

1.

The location, scale, and content of the proposed mural shall be integrated with the building's façade and other elements of the property to enhance the architecture and aesthetics of a building, exterior wall, or site;

2.

The proposed mural, by its design, construction, and location will not have an adverse effect on an abutting property or the permitted use thereof;

3.

The mural will not have a detrimental effect on the structural integrity of the exterior wall on which it is applied or affixed.

4.

Mural dimensions will be reviewed on a case-by-case basis.

e.

Additional materials required for a conditional use application of a mural:

1.

A scaled detailed drawing indicating the location of the proposed mural on the building or site;

2.

An elevation plan of the existing building, exterior wall, or site;

3.

Materials and methods of installation;

4.

The name of the artist and the anticipated process and timeline;

5.

Maintenance plan.

f.

Maintenance:

1.

The mural shall be kept in good condition for the life of the mural according to a maintenance.

2.

The display surface shall be kept clean and neatly painted and free from corrosion.

3.

A maintenance plan and budget for the mural is required. This plan will allocate responsibility for monitoring the condition of the mural on a regular basis, for decision-making related to repair and removal.

4.

Any mural that is not maintained, faded, or is in disrepair shall be ordered removed or covered with opaque paint, similar to the primary building materials, colors, or other appropriate material by the mayor and village council.

(4)

Prohibited signs.

a.

Prohibited signs are found in section 30-90.11. Additionally, back-lighting, incandescent lighting, LED, marquee, neon and pylon signs are prohibited in this district.

(j)

Permanent point of sale signs for planned area development zone. Residential signs in accordance with requirements which best reflect the residential use of the PAD as determined by site plan review. Detached signs and signs visible from public roads, for permitted retail convenience facilities, are prohibited. All other uses as permitted in the PAD shall conform to the applicable zoning district requirements for signs.

(Ord. No. 2025-01, § 3(Exh. A), 1-27-2025)

(a)

Requirement for a unified sign plan. After the adoption of these regulations, all nonresidential development or redevelopment of existing developments, which contain spaces or units for more than one business or occupant on a unified parcel or parcels, shall provide a unified sign plan with the application for any new building permits. All subsequent applications for sign permits shall comply with the approved unified sign plan. The unified sign plan shall comply with the provisions of this division and shall also demonstrate a consistent theme and architectural design with the associated nonresidential development with respect to each of the following:

(1)

Manner and type of construction including materials to be used, installation method and mounting details;

(2)

Means of illumination, if any, and hours of illumination; and,

(3)

Size, color, lettering, location and graphic style.

(b)

Types of permanent point of sale permitted signs for nonresidential development: Monument, flat, awning or canopy.

(c)

Where new or replacement signage is proposed for existing nonresidential development, the property owner, or designee, shall establish a sign plan, approved by the village, that shall be implemented for each replacement sign in the development. Once the plan has been established for a nonresidential development, the plan shall be applied to the entire nonresidential development, as well as each individual occupant, and shall remain as long as the development exists, regardless of change of ownership or management. The plan may only be changed if all signs in the nonresidential development are changed to conform to the new plan, and is approved by the village.

(d)

Written consent to the plans and criteria must be provided by the owner(s) of the building, structure or land to which or on which the sign structure is to be erected, relocated, maintained, or altered.

(e)

Requirement to display street number. All businesses shall display the street number in a manner that is prominent and clearly readable to vehicular and pedestrian traffic, as appropriate. Street numbers shall be displayed on all freestanding signs and over front doors or primary entryways.

(Ord. No. 2025-01, § 3(Exh. A), 1-27-2025)

(a)

Entrance features within residential zoning districts shall be limited to:

(1)

For single family and two-family residential subdivisions and developments containing ten or more residential lots, where individual lots are accessed from a common internal roadway, one entrance feature, including a sign, identifying the name of the subdivision shall be allowed at each entrance from a collector or arterial street.

a.

Size permitted: 32 total square feet of sign face area.

b.

Maximum height of sign: Eight feet.

c.

Type allowed: Freestanding or monument style. Where more than one sign is allowed, each such sign erected shall be constructed and designed in the same manner.

d.

These signs shall be externally illuminated with ground-mounted lighting only. Any lighting shall project from the ground onto the sign only, and shall not be directed towards any street or residential lot.

(2)

For multi-family residential uses, one entrance feature, to include a sign identifying the name of the multi-family development shall be allowed at each entrance. Internal directional signs and signs identifying buildings shall also be allowed limited to three feet in height and eight square feet in sign face area.

a.

Size permitted: 60 square feet of sign face area.

b.

Maximum height of sign: Eight feet.

c.

Type allowed: Freestanding or monument style. Where more than one entrance feature is allowed, each sign erected in conjunction with the entrance feature shall be constructed and designed in the same manner.

d.

Illumination: The entrance features may only be externally illuminated with ground mounted lighting. Any lighting shall project from the ground onto the feature, and shall not be directed towards any street, vehicular drive or residential unit.

(b)

Entrance features are permitted within all commercial districts provided that:

(1)

Shall not exceed 96 square feet in area or eight feet in height;

(2)

No development shall have more than one freestanding sign, including a monument sign, associated with the entrance feature;

(3)

They are located consistent with the setback requirements as set forth in this Code;

(4)

They are not located in the right-of-way.

(c)

Entrance features that are placed on private property shall be continually and properly maintained by the owners. To assure the proper maintenance of entrance features the owners shall execute a covenant stating that all structures shall be maintained in good condition and repair and that all landscaping shall likewise be so maintained. This covenant shall be delivered to the village for review and, upon approval shall be recorded prior to the issuance of any permits.

(d)

Entrance features may be placed within public rights-of-way provided:

(1)

Prior approval is granted by Miami-Dade County or the village public works department, as applicable, depending upon jurisdiction over the public rights-of-way;

(2)

A bond is submitted to Miami-Dade County or the village public works department, as applicable, in an amount to cover the removal of said features if deemed necessary at a later date by the governing authority. The bond shall have an initial ten-year life and shall be renewed for five-year periods thereafter; and,

(3)

An executed covenant, stating that all structures shall be maintained in good condition and repair and that all landscaping shall likewise be so maintained, shall be delivered to Miami-Dade County or the village public works department, as applicable, for review and, upon approval, shall be duly recorded prior to the issuance of any permits.

(e)

Entrance features shall be placed so as not to encroach upon utility lines or traffic control devises, whether such lines or devices be located overhead or underground; and where a conflict is indeed encountered, the developer or designated property owner shall be responsible for removal or relocation of the entrance features, or parts thereof.

(f)

Entrance features shall be placed so as not to cause a visual obstruction and thereby create a traffic hazard and should the use of illumination be incorporated in said features, such illumination shall be placed so as to be unobtrusive to moving traffic lanes or adjacent properties.

(g)

The character and scale of entrance features shall be of a design such that said features are complementary to the identified development and compatible with the immediate neighborhood insofar as its overall impact is concerned.

(h)

All structures within entrance features shall meet all standard of the Florida Building Code and any other applicable standards, and all water bodies with depths greater than 18 inches shall meet all applicable standard of chapter 30, applicable to reflecting pools and water features, standards.

(i)

Applications for permits for entrance features shall be made by the fee owner of the property in question and shall be submitted to the village. Applications shall include an accurately dimensioned plot use plan identifying all structures and landscaping incorporated in the feature(s) and identifying all setbacks and elevations of the feature(s).

(j)

Upon receipt of all necessary information, the documents shall be reviewed by the county and/or village and shall issue a staff report and render a decision approving, modifying, or denying the request. A copy of the decision shall be published in a newspaper of general circulation. All approvals or modifications shall not be effective until 15 days after the village's decision is published in a newspaper of general circulation. The decision shall be recorded on the official zoning maps of Miami-Dade County and the Village of Palmetto Bay.

(k)

The applicant, or any aggrieved property owner in the area, may appeal the decision to the village council.

(l)

Any person violating any of the provisions of this section shall be punished by a fine not to exceed $500.00 or by imprisonment in the county jail for a period not to exceed 60 days, or by both, in the discretion of the county court. Each day's violation shall be considered a separate violation. Any continuing violations of this section may be enjoined and restrained by injunctive order of the circuit court in appropriate proceedings instituted for such purpose.

(m)

Village mixed use. Entrance features shall be permitted within the village mixed use districts upon a showing that the location and means of access do not create a visual obstruction that results in a traffic hazard, are complimentary in character and scale to the development on the property and are maintained in a manner acceptable to the village.

(Ord. No. 2025-01, § 3(Exh. A), 1-27-2025)

(a)

Maximum height. Except as otherwise provided herein, flags shall be displayed on flag poles. Flag poles may not be placed on top of buildings or light poles.

(b)

Maximum number and size.

(1)

The maximum dimensions of any flag shall be proportional to the flag pole height. The hoist side of the flag shall not exceed 20 percent of the vertical height of the pole. In addition, flags are subject to the following limitations:

(2)

Each property shall be allowed a maximum of three flag poles. A maximum of two flags shall be allowed per flag pole. References to flag pole height in this division refer to vertical flag poles. References to the number of flags and flag poles and flag dimensions refer to both vertical flag poles and mast-arm flag poles (staff extending at an angle from a building). On United States and Florida holidays, there shall be no maximum flag size, number of flags or other limitations on manner of display.

(c)

Flags on permanent fixtures other than poles. Flags that are attached to the side of a structure without a pole shall not, individually or cumulatively, cover more than the greater of 24 square feet or ten percent of the façade of the structure on which the flag is mounted. One flag is permitted on up to two building façades.

(d)

Setback. A vertical flag pole shall be set back at least five feet from all property boundaries.

(e)

Condition of flag and pole or other permanent mounting. The flag and flag pole or other permanent mounting shall be maintained in good repair. Flag poles with broken halyards shall not be used, and torn or frayed flags shall not be displayed.

(f)

Use of flags as attention-attractors prohibited. The placement of flags upon merchandise or structures to draw the public's attention to such items shall be considered to render such flags "attention-attractors" and shall be prohibited.

(Ord. No. 2025-01, § 3(Exh. A), 1-27-2025)

(a)

A planting bed at least three feet in width shall surround all freestanding signs. In no case shall the planting be less than 18 inches in height. The bed planting shall contain shrubs and supplemental ground cover and be shown on the site plan.

(b)

An application for a freestanding sign shall include an accurate and up-to-date survey of the property indicating the lot dimensions, the proposed location of the sign with all setbacks to property lines, and a landscaping plan.

(c)

Solid CBS and stucco construction is required for all permanent monument signs. Structural components shall not be covered by a material that is highgloss, reflective, or illuminated. The solid ground-mounted base of a monument sign shall be equal to or greater than the length of the sign face.

(Ord. No. 2025-01, § 3(Exh. A), 1-27-2025)

(a)

Restaurant menu board sign: A restaurant menu board may be placed temporarily upon a movable stand in conjunction with an approved sidewalk café permit or permanently mounted on a building wall at a restaurant pedestrian entrance in accordance with the following conditions:

(b)

A-frame signs: a removable temporary sign in the shape of an "A" may be placed temporarily upon a sidewalk or pedestrian way, provided there is no disruption to pedestrian traffic or accessibility.

(c)

Changeable copy signs:

(1)

Drive-through facilities: In addition to other permitted signs, drive-through facilities shall be permitted to have a changeable copy sign showing featured items, provided it has a transparent protective locked cover; it is affixed to a wall of the establishment adjacent to the drive-in service window or located freestanding within and parallel to the drive-in lane area; sign shall not exceed six feet in sign height or 32 square feet in sign area; a landscaped area screening the base of all such signs. Additionally, whenever such sign is visible from a right-of-way landscape material shall also be required and located so as to screen the sign from the right-of-way.

(2)

All changeable copy signs, other than drive through facilities, are permitted, provided it has a transparent protective locked cover, it is part of a monument sign, and meets the design requirements for a monument sign.

(d)

Automated changeable signs (ACS), subject to the following mandatory conditions:

(1)

Shall be limited to the B-1 and B-2 business districts on a minimum lot size of ten acres gross of improved land area.

(2)

Provided the ACS is incorporated into a "point of sale" sign.

(3)

Provided the ACS does not exceed 48 square feet in area.

(4)

Provided the ACS does not increase the maximum display area permitted.

(5)

Provided the content of an ACS is limited solely to the promotion of products or services offered on the premises. The only fixed message shall be the name of the company possessing a valid certificate of use and occupancy for the subject premises.

(6)

Incandescent lamps/bulbs in excess of nine watts are prohibited in an ACS. Incandescent lamps/bulbs in an ACS shall not be exposed but shall be covered by a translucent lenses or filter.

(7)

Provided the ACS is equipped with an automatic dimmer control to produce a distinct illumination change from a higher illumination level to a lower level for the time period between one-half hour before sunset to one-half hour before sunrise.

(8)

The following operating modes of an ACS are prohibited:

a.

Flash. The condition created by displaying the same message intermittently by turning it on and off, on and off, with rapidity, or any other delivery mode that creates a flashing effect. The copy on messages may not move or appear to move. A change of message may occur at no more than six-second intervals.

b.

Zoom. The look or condition created by expanding a message from a central point to its full size.

c.

Any signs which use the word "stop" or "danger" or imply the need or requirement of stopping, or which are copies or imitations of official signs.

d.

Red, green or amber (or any color combination thereof) revolving or flashing light, giving the impression of a police or caution light shall be prohibited.

(9)

An ACS shall be limited to locations only on a major thoroughfare including principal and minor arterials as depicted in the village's comprehensive plan.

(10)

A freestanding ACS shall be of a monument type and shall comply with the sign height and size regulations for monument signs within the B-1 and B-2 business districts.

(11)

A detached ACS shall be surrounded by a minimum of 25 square feet of landscaped area. A plan indicating such landscaped area shall be submitted to the village at time of building permit application.

(12)

The applicant for an ACS shall file a declaration of use, on a form prescribed and approved by the village, which will govern the operation of the ACS and contain penalties for abatement and removal of the ACS for violations of the declaration of use and provisions herein.

(13)

An ACS shall conform to all sign size, placement, setback, and quantity limitations as provided elsewhere in this division and shall comply with all building code requirements.

(e)

Gasoline station canopies. A company logo not to exceed four square feet shall be permitted on each side of a gasoline station canopy. Wall signs shall be prohibited on gasoline station canopies.

(f)

Rear of signs. Where the rear or side of any sign is visible from any street or from any adjoining residential zoning district, such side or rear face shall present a completely finished appearance to screen structural support systems, electrical conduits and boxes, and unpainted surfaces as determined by the village.

(g)

Nonresidential uses on Old Cutler Road.

(1)

Except as otherwise provided in this article, signs along Old Cutler Road shall only be erected in accordance with chapter 74-400, Laws of Florida, which provides as follows: Signs shall not be erected within 300 feet of either side of the paved surface of Old Cutler Road, except as follows:

a.

Official road signs, including traffic control devices, erected by the department of transportation, by the village or county having jurisdiction over the portion of the road involved;

b.

Signs not visible from the road;

c.

Markers indicating points of historical interest erected or approved by the State Department of Transportation and Bureau of Historic Preservation;

d.

Signs that do not exceed six square feet in area advertising the sale or lease of the property upon which they are located; or

e.

Signs advertising only the name or nature of the business being conducted upon or the products, facilities, goods or services being sold, supplied, or distributed upon or from the premises where the signs are located, if such signs do not exceed a total of 30 square feet in area for any one business.

(Ord. No. 2025-01, § 3(Exh. A), 1-27-2025)

The installation of light pole banners shall require written approval of the village, after submittal of the proposed light pole banner design. No commercial or for-profit organization banners shall be allowed on public light-poles. The village shall only grant requests for not-for-profit or governmental events and/or organizations to place banners on light poles within the public rights-of-way. The maximum duration for a public right-of-way light pole banner display shall be 45 days and shall be limited to four times a year. Village banners shall be excluded from compliance with the 45-day requirement of this section. Exceptions to this policy may be granted by the village manager, with the consent of the mayor and village council, via resolution. Light pole banners shall be no bigger than: three feet by eight feet and shall otherwise comply with the criteria of this division as it relates to types of permitted and prohibited signs.

(Ord. No. 2025-01, § 3(Exh. A), 1-27-2025)

A special event permit is required. Within residential districts the special event may not be held for a commercial purpose; not-for-profit purposes are allowed. One three-foot by ten-foot special event banner or other temporary sign is permitted on-premises for special events in nonresidential and mixed use districts. The banner may be two-sided. No off-premises banners are permitted. The maximum duration for a special event banner display shall be 30 days and limited to four times a year. After 30 days the banners shall be deemed illegal. All banners shall otherwise comply with the criteria of this division as it relates to the types of permitted and prohibited signs.

(Ord. No. 2025-01, § 3(Exh. A), 1-27-2025)

(a)

A sign existing within the village, or an area subsequently annexed to the village, upon the passage of this division or any future amendment to this division, which because of its height, square foot area, location, design or other characteristic, does not conform to this division in all respects is declared to be a legal nonconforming sign if it was approved with a permit prior to the effective date of this division, as amended.

(b)

If any nonconforming sign is damaged by any cause and the cost of repairing the sign equals 50 percent or more of the original cost of the sign structure, then its classification as a nonconforming sign shall be automatically revoked and the sign shall be removed, repaired, or replaced to meet all the requirements established in this division.

(c)

Loss of nonconforming status.

(1)

Immediate loss of nonconforming status. A nonconforming sign shall immediately lose its nonconforming status if:

a.

The sign is altered in any way (except for the normal use of changeable copy signs or cabinet or other signs, where message can be changed without altering the sign, and normal maintenance) that renders the sign less in compliance with the requirements of this division than it was before the alteration (including alteration of the technology used in the sign);

b.

The sign is relocated to a position making it less in compliance with the requirements of this division; or

c.

The sign is replaced or abandoned for a period of six months or more.

If any one of these events occurs, the sign shall be immediately brought into compliance with this division.

(2)

Nonconforming sign maintenance and repair. Nothing in this division shall relieve the owner or user of a nonconforming sign, or the owner of the property on which the nonconforming sign is located, from the provisions of this division, regarding safety, maintenance and repair of signs or removal of an on-premise sign of compliance cannot be achieved.

(3)

Notification of repair or alteration to nonconforming signs. The owner of a nonconforming sign who desires to make any repair or alteration to a sign shall, in addition to compliance with the applicable building code requirements, submit an application describing the nature of the repair or alteration to the village. Nonconforming signs and sign structures shall not be enlarged, altered, or moved without the entire sign being brought into compliance with this division. All final determinations as to the nonconforming status of any sign shall be made by the planning and zoning director, or designee.

(Ord. No. 2025-01, § 3(Exh. A), 1-27-2025)

Any advertisement, advertising sign or advertising structure which is constructed, erected, operated, used, maintained, posted or displayed in violation of this division is hereby declared to be a public and private nuisance and shall be removed, forfeited to the public, and subject to confiscation. Any portable sign such as snipe signs or real estate signs may be removed without notification to the owner, if the sign is placed in public rights-of-way. The village shall have the right to recover the full cost of removal and disposal of the sign from the owner or person placing the sign, or from the benefactor of the sign.

(Ord. No. 2025-01, § 3(Exh. A), 1-27-2025)

(a)

Unsafe signs. Where any sign is in eminent danger of falling, is a threat to the safety of persons or property, or otherwise in violation of or in noncompliance with the Florida Building Code, the sign shall be removed, repaired or replaced, if otherwise lawful.

(b)

Lawful signs found to be decrepit, dilapidated or showing neglect shall be removed, repaired, or replaced by the owner of the property after notice.

(c)

Signs advertising obsolete content related to establishments, commodities, or services previously associated with the premises on which the sign is erected, shall be removed within 60 days from the time the activity ceases, or in the case of a painted sign, painted out. Sign removal shall be the responsibility of the owner of the property. If the owner fails to remove the sign the village is entitled to remove the sign, after issuing notice. The expense associated therewith shall be the property owner and sign owner's financial responsibility.

(d)

All signs that are installed that are contrary to the prohibited sign provisions of this division shall be deemed illegal and shall be removed. A code compliance action may result in fines and/or the removal of illegal signs. Fines shall be imposed for violations of applicable laws, as provided in section 2-205(l) Schedule of fines.

(e)

All signs that are replaced or removed after the enactment of this division, as amended, shall be replaced with signs that conform to the provisions of this division.

(Ord. No. 2025-01, § 3(Exh. A), 1-27-2025)

(a)

This section recognizes that the elimination, over time, of certain existing signs not in conformity with these regulations, is in the best interest of the village and would be prohibited as any new signs that would violate these regulations. It is also the intent of this section to protect private property rights to the extent required by law. This procedure shall not apply to off-premises signs governed by the provisions of F.S. § 70.20.

(b)

These sign amortization procedures shall apply to all signs prohibited by section 30-90.11. This procedure shall not apply to off-premises signs governed by the provisions of F.S. § 70.20.

(c)

A nonconforming sign may be continued for the length of the amortization period, and shall be maintained in good condition, and shall conform with the regulations applicable to nonconforming structures in the village.

(d)

All nonconforming signs in existence upon the effective date of their prohibition by the adopted regulations, and which previously conformed to all legal requirements, but which are made nonconforming by the provisions of these regulations, shall be brought into conformity or shall be removed within seven years from the effective date of the adopted regulations.

(e)

Procedure for enforcement of amortization requirements.

(1)

This section shall apply to all zoning districts within the village. Properties that receive an amortization letter from the village shall be required to amortize the applicable sign(s) in accordance with the timeframe provided for in subsection 30-90.28(d). The period of nonconformity shall begin as of the effective date of the adopted regulations. Prior to the village enforcing the amortization period against any sign, it shall be the responsibility of the director, or designee, to make an inventory and a record of all nonconforming signs subject to the amortization requirement and to serve notification of the commencement of amortization regulations on the owners of such signs. Such inventory shall include the following information:

a.

Owner;

b.

Location;

c.

Type;

d.

Number;

e.

Dimensions; and

f.

Photo(s) of nonconforming sign(s).

(2)

An owner of a sign who desires an amortization period longer than that specified in subsection 30-90.28(d) shall file an application for extension with the department within 30 days of notification of the commencement of amortization regulations. The application shall be on a form provided by the department and shall include a statement setting forth the cost of the nonconforming sign, the date of installation, and/or the cost and date of the most recent renovation. An extension of an amortization period may be granted if the director finds that the amortization period set forth in this division is unreasonable. The director's decision may be appealed to the village council by the applicant within 30 days of the determination.

(Ord. No. 2025-01, § 3(Exh. A), 1-27-2025)